Graduation Season Brings More Than Diplomas: New Jersey Supreme Court Decision Clarifies IDEA Eligibility in Sparta v. M.N. Decision
May 22, 2025As caps fly and families celebrate graduation milestones across New Jersey, a recent New Jersey Supreme Court decision reminds school districts that not all diplomas carry the same legal weight, especially when it comes to special education rights under the Individuals with Disabilities Education Act (“IDEA”). In Board of Education of the Township of Sparta v. M.N., the Court addressed a question that strikes at the heart of special education practice: Does a student with a disability forfeit their right to a free appropriate public education (“FAPE”) by receiving a state-issued diploma upon passing the General Education Development test (“GED”)?
Maria P. Vallejo to Speak at New Jersey Association for Justice’s Annual Boardwalk Conference
Apr 30, 2025Maria P. Vallejo will be speaking at the New Jersey Association for Justice’s Annual Boardwalk Conference on Thursday, May 1 at 4 pm. As part of the Boardwalk Seminar’s Ethics Track, she will be explain when an attorney-client relationship is initiated during the investigation of a potential new case. This is an important issue attorneys should be aware of in their practice.
MATERNITY LEAVES, FAMILY LEAVES, AND INSURANCE COVERAGE – OH MY! A Quick Overview of the Interplay of the Law and its Impact on Maternity Leaves in School Districts
Apr 21, 2025In the everchanging legal landscape, school leaders are tasked not only with being experts in the area of educating children but also in the areas of labor and employment. As public employers, school districts must also manage employees and their needs. In many cases, this requires school administrators to have a distinct familiarity with the laws impacting an employee’s ability to take a leave of absence.
A Rite of Spring: Non-Renewals and Donaldson Hearings
Mar 21, 2025As the 2024-2025 school year concludes, school administrators are tasked with determining whether or not to renew employment of non-tenured staff members. The reasons for non-renewals may differ, but the process never should. These processes vary based on the employment category. However, if the process is not followed, the non-renewal may be deemed ineffective.
Seven CLMC Attorneys Selected to 2025 Super Lawyers and Rising Stars
Mar 20, 2025Seven CLMC attorneys were recognized by Thomson Reuters’ 2025 New Jersey Super Lawyers®, a peer-nominated list of lawyers who have attained a high degree of recognition and professional achievement and who exemplify excellence in the practice of law. This marks the 21st consecutive year attorneys from the Firm have been recognized.
New Jersey Appellate Court Ruling on Transgender Student Policy
Feb 21, 2025A recent New Jersey Appellate Division decision significantly affects school districts’ handling of transgender students. Last week, the Court upheld an injunction blocking four school districts from enforcing policies that would require parental notification if a student identified as transgender. This decision is consistent with the state’s commitment to safeguarding the rights of transgender students, and protections under the state’s Law Against Discrimination (“LAD”).
Disconnect to Reconnect: New Jersey’s Push to Ban Cell Phones in Schools
Feb 10, 2025In his recent State of the State address, Governor Phil Murphy highlighted a significant initiative aimed at enhancing student focus and well-being—proposing a statewide ban on cell phones in K-12 classrooms. This bold move is part of a growing trend across the nation to address the challenges posed by student cell phone use during school hours. Advocates argue that a ban could reduce distractions, promote healthy social interactions and create a better learning environment for all students. While the idea of limiting cell phone use in schools is not new, this statewide push marks a significant step in addressing a challenge that district have individually been attempting to address for years.
What to do if ICE Comes Knocking at your District’s Door
Feb 07, 2025In the first week of President Trump’s second tenure, an Executive Order was issued that greatly expanded the arrest and subpoena powers of the federal immigration services. The Immigration and Customs Enforcement (“ICE”) is tasked with, among other duties, serving arrest warrants for those individuals who are suspected of not being present in the country legally. As a result of the Executive Order, ICE agents are actively executing arrest warrants, including appearing at school districts. So, what should you do if an ICE agent arrives at your district demanding that an individual be presented to them for arrest?
Appellate Division Requires OPRA Disclosure of Email Logs from Board Member Personal Email Accounts
Feb 04, 2025On January 27, 2025, the New Jersey Appellate Division held that email logs from a current or past Board member’s private email account were subject to disclosure under the Open Public Records Act (“OPRA”) when those logs contained emails discussing Board business. In overturning the trial court, the Appellate Division held that email logs on private servers are government records, and that OPRA was broad enough to include email logs with emails sent to or from personal accounts of government officials about government business.
Temporary Relief to Public Notice Requirement in Printed Publications
Jan 02, 2025Nearly 50 years ago, the New Jersey Legislature approved the Open Public Meeting Act (P.L. 1975, Chapter 231), popularly known as the “Sunshine Law.” In the wake of the Vietnam War and Watergate, the Act was the Legislature’s attempt to preserve the public’s trust in local government units. One such solution was to require public notice of meetings in at least two newspapers designated by the governing body (including boards of education).
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