MEMORANDUM INFORMATION ONLY - New Jersey School Boards Association
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INFORMATION ONLY MEMORANDUM TO: BOARD OF DIRECTORS FROM: DR. LAWRENCE S. FEINSOD, EXECUTIVE DIRECTOR DATE: MARCH 15, 2019 SUBJECT: ONGOING AMICUS CURIAE CASES Attached for your information are the ongoing amicus curiae cases.
CASE TRACKING
Case Name Jurisdiction Issue Summary NJSBA Status
Action
BARILLA, et.al.v. BOARD NJ Supreme May the majority Four members of the CPEA sued board for File motion to participate. Certification
OF EDUCATION OF Court representative negotiate retention of “vested contractual benefit of unpaid granted on January
CLIFFSIDE PARK revision to unpaid sick sick leave at a higher amount then subsequently 11, 2019. NJSBA
leave benefit in negotiated contract. brief due march
subsequent CNA 27th.
SCHWARTZ V. N.J. Appellate NJSBA argues that Trial court dismissed plaintiff’s Complaint and File motion to participate
PRINCETON BOE Division OPMA does not set out Order to Show Cause alleging that the BOE as amicus. Due April 29,
requirement of how violated the OPMA when using an electronic 2019
votes are recorded and platform to vote and record the votes of its
noted. members.
PALMER v. JERSEY N.J. Appellate NJSBA will argue the The trial judge ruled in favor of the plaintiff who, NJSBA filed a motion to Motion granted.
CITY PUBLIC SCHOOL Division compelling protections pursuant to OPRA, sought copies of pre-K student appear as amicus curiae
DISTRICT of privacy of student records consisting of USDA “free and reduced together with a substantive MATTER
brief as set forth in the STAYED
records under FERPA, school meal” applications, finding that the
briefing schedule PENDING
assuring the defendant, rather than simply denying the request DECISION IN
confidentiality of student outright, could have agreed to provide the records CONSOLIDATED
records and identifying once a court order was obtained, with direction of CASES.
information when appropriate redaction of personal information.
responding to OPRA Additionally attorney fees were ordered since the
requests; and that plaintiff’s lawsuit was found to be the “catalyst” for
attorney fees shouldn’t disclosing the redacted records.
be assessed against a
district since the student There are similar FERPA matters pending in the
records may ONLY be following districts: Camden, Cherry Hill,
produced under court Elizabeth, Hillsborough, Millburn, Parsippany-Troy
order, consent or Hills and Woodbridge.
subpoena.
L.R. AND JR, MINOR v. N.J. Appellate NJSBA will argue the The trial judge ruled in favor of Cherry Hill which NJSBA filed a motion to Motion granted.
CHERRY HILL BOE Division compelling protections redacted student and parent initials from litigated appear as amicus curiae
RECORDS CUSTODIAN of privacy of student settlement documents requested by the plaintiff. together with a substantive MATTER
brief as set forth in the STAYED
records under FERPA,
briefing schedule. PENDING
assuring the DECISION IN
confidentiality of student CONSOLIDATED
records and identifying CASES.
information when
responding to OPRA
requests; and that
attorney fees shouldn’t
be assessed against adistrict since the student
records may ONLY be
produced under court
order, consent or
subpoena.
THE INNISFREE N.J. Appellate NJSBA argued in Trial court dismissed OPRA complaint as student NJSBA filed a motion to Oral argument Sept
FOUNDATION V. Division support of the trial court records are exempt from OPRA pursuant to FERPA appear as amicus curiae 18, 2017
HILLSBOROUGH TWP. decision and reasoning. and SSRL. together with a substantive App Div. upheld
BOE AND AIMAN brief as set forth in the denial of student’s
MAHMOUD, RECORDS briefing schedule. records*
CUSTODIAN Remanded
NJ S Ct granted
Certification
ORAL
ARGUMENT held
January 28, 2019
L.R. AND JR, MINOR v. N.J. Appellate NJSBA argued in Trial court dismissed OPRA complaint as student NJSBA filed a motion to Motion granted.
HIILSBOROUGH Division support of the trial court records are exempt from OPRA pursuant to FERPA appear as amicus curiae MATTER
TOWNSHIP BOE decision and reasoning. and SSRL. together with a substantive STAYED
Plaintiffs requested all IEE requests and responses; brief as set forth in the PENDING
and all such requests and responses made on behalf briefing schedule. DECISION IN
of students: 7/1/12-11/11/14. CONSOLIDATED
CASES.
L.R. AND JR, MINOR v. N.J. Appellate NJSBA will argue the Plaintiffs requested all IEE requests and responses; NJSBA filed a motion to Motion granted.
WOODBRIDGE BOE Division compelling protections and all such requests and responses made on behalf appear as amicus curiae
of privacy of student of students5/1/12-5/17/14. together with a substantive MATTER
records under FERPA, brief as set forth in the STAYED
assuring the Trial court ordered release of redacted docs, but briefing schedule. PENDING
confidentiality of student with student initials. DECISION IN
records and identifying CONSOLIDATED
information when CASES.
responding to OPRA
requests; and that
attorney fees shouldn’t
be assessed against a
district since the student
records may ONLY be
produced under court
order, consent or
subpoena.L.R. V. PARSIPPANY- N.J. Appellate NJSBA will argue the Trial court ordered redacted of all student identifiers NJSBA filed a motion to Motion granted.
TROY HILLS TWP BOE Division compelling protections including initials. appear as amicus curiae
AND DAVID CORSO IN of privacy of student Plaintiff requested all IEE requests and responses together with a substantive Oral argument Sept
records under FERPA, made on behalf of students. brief as set forth in the 18, 2017.
HIS OFFICIAL
assuring the briefing schedule. App div reversed
CAPACITY AS THE confidentiality of student order to release
TOWNSHIP CLERK records and identifying redacted student
information when records. Remanded
responding to OPRA
requests; and that NJ S Ct granted
attorney fees shouldn’t Certification
be assessed against a ORAL
district since the student ARGUMENT held
records may ONLY be January 28, 2019
produced under court
order, consent or
subpoena.
THE INNISFREE N.J. Appellate NJSBA will argue the Trial court ordered release of records with PII NJSBA filed a motion to Motion pending.
FOUNDATION V. Division compelling protections redaction. appear as amicus curiae
PARSIPPANY-TROY of privacy of student Plaintiff requested two years of settlement together with a substantive MATTER
records under FERPA, agreements between parents of sped ed students and brief as set forth in the STAYED
HILLS TOWNSHIP BOE
assuring the BOE. briefing schedule. PENDING
AND DAVID F. CORSO confidentiality of student DECISION IN
ASST. SUPT. FOR records and identifying CONSOLIDATED
BUSINESS/CHIEF information when CASES.
FINANCE AND responding to OPRA
OPERATIONS requests; and that
OFFICER/BOARD attorney fees shouldn’t
be assessed against a
SECRETARY/RECORDS
district since the student
CUSTODIAN records may ONLY be
produced under court
order, consent or
subpoena.
L.R. INDIVIDUALLY N.J. Appellate NJSBA argued in Trial court denied plaintiff request for copies of NJSBA filed a motion to Motion granted.
AND ON BEHALF OF Division support of the trial court letters and emails sent/received by director special appear as amicus curiae
J.R. V. CAMDEN CITY decision and reasoning. services mentioning minor 3/2/2012-5/15/2014 and together with a substantive Oral argument Sept
educational docs received/created by case manager brief as set forth in the 18, 2017
BOE AND JOHN C.
regarding minor from 7/1/2012-5/22/2014 – briefing schedule App Div. upheld
OBERG IN HIS December 9, 2014. denial of other
OFFICIAL CAPACITY Plaintiff requested minor’s FERPA access log; and student’s records.*
AS INTERIM SCHOOL attorney billing with student initials. Remanded
BUSINESS
ADMINISTRATOR AND NJ S Ct granted
BOARD SECRETARY Certification
MATTER
SETTLEDL.R. INDIVIDUALLY N.J. Appellate NJSBA will argue the Trial court ordered release of records with PII NJSBA filed a motion to Motion granted.
AND ON BEHALF OF Division compelling protections redaction. appear as amicus curiae
J.R., A MINOR V. of privacy of student Plaintiff requested IEE requests and responses together with a substantive MATTER
records under FERPA, brief as set forth in the STAYED
ELIZABETH PUBLIC
assuring the briefing schedule. PENDING
SCHOOL DISTRICT confidentiality of student DECISION IN
AND HAROLD K. records and identifying CONSOLIDATED
KENNEDY, JR., AS HIS information when CASES.
OFFICIAL CAPACITY responding to OPRA
AS SCHOOL requests; and that
BUSINESS/ADMINISTRA attorney fees shouldn’t
be assessed against a
TOR/BOARD
district since the student
SECRETARY OF THE records may ONLY be
ELIZABETH PUBLIC produced under court
SCHOOL DISTRICT order, consent or
subpoena.
THE INNISFREE N.J. Appellate NJSBA will argue the Trial court ordered release of records with PII NJSBA filed a motion to Motion granted.
FOUNDATION V. Division compelling protections redaction. appear as amicus curiae
CHERRY HILL BOARD of privacy of student Plaintiff requested two years of settlement together with a substantive Oral argument Sept
records under FERPA, agreements between parents of sped ed students and brief as set forth in the 18, 2017
OF EDUCATION AND
assuring the boe. briefing schedule. App div reversed
JAMES DEVEREAUX, confidentiality of student order to release
RECORDS CUSTODIAN records and identifying redacted student
information when records. Remanded
responding to OPRA
requests; and that NJ S Ct granted
attorney fees shouldn’t Certification
be assessed against a
district since the student ORAL
records may ONLY be ARGUMENT held
produced under court January 28, 2019
order, consent or
subpoena.
RIDGEFIELD PARK BOE v. N.J. Appellate The Board filed a scope of PERC granted the board’s request for restraint of NJSBA filed a motion to Motion filed.
RIDGEFIELD PARK EA Division negotiations petition with arbitration, holding (1) the maximum Chapter 78 appear as amicus curiae ORAL argument Jan.
PERC seeking to restrain contribution levels remain in effect for the duration of any together with a substantive 7, 2019 Awaiting
Same issue the submission of a collective bargaining agreement which begins prior to the brief April 26, 2018. decision.
addressed in grievance by the Education sunset of Chapter 78—that is, reduced contributions
CLEMENTON Association for binding cannot be negotiated for the second, the third, or
which the NJ arbitration. The subject subsequent years of a contract that began prior to sunset,
Supreme Court matter of the grievance and 2) in the negotiation of future contracts (those that
dismissed as moot concerned the negotiability begin after Chapter 78’s sunset), the fully phased-in
last year. of employee contributions Chapter 78 health benefit contributions are the status
for medical insurance and quo—that is, the full Chapter 78 contribution levels
the sunset of P.L. 2011, c.78 remain in effect indefinitely unless the board of education
(Chapter 78). agrees to a change. However, PERC denied the Board’s
request to restrain arbitration of how the Board recoups
unpaid premiums from employees.You can also read
