Jersey Education Law » Lawsuits & Liability

New Jersey Burden of Proof in IDEA Due Process Hearings

victormedina — Tue, 15 Jan 2008 14:00:00 +0000

On January 14, 2008, Gov. Jon Corzine signed into law legislation that overturned a US Supreme Court decision (Schaffer v. Weast) and placed the burden of proving that FAPE is being provided onto the school district. Below is the pertinent language:

Whenever a due process hearing is held pursuant to the provisions of the “Individuals with Disabilities Education Act,” 20 U.S.C. s.1400 et seq., chapter 46 of Title 18A of the New Jersey Statutes, or regulations promulgated thereto, regarding the identification, evaluation, reevaluation, classification, educational placement, the provision of a free, appropriate public education, or disciplinary action, of a child with a disability, the school district shall have the burden of proof and the burden of production.

This law returns the burden of proof to the school district, as was in the case in New Jersey prior to the holding in Shaffer.

Here is a link to the new law.

Posted by Victor J. Medina – Medina, Martinez & Castroll, LLC

Changes to the New Jersey Bullying Law

victormedina — Tue, 15 Jan 2008 02:55:29 +0000

On January 14, 2008, Gov. Jon Corzine signed into law amendments to the NJ Bullying law that expanded the scope of the protected classes to include gender expression and identification. The amendments also relate infractions of the bullying law back to the Bias Intimidation Act and expand the set of penalties that can be imposed to include completing classes, counseling programs, or making payments to organizations that provide services to victims of bias intimidation.

The law also created a Commission on Bullying in Schools to review, among other things, the success of the anti-bullying law and to review the training given to teachers, school administrators, and law enforcement. The Commission is also charged with making recommendations on the creation of additional laws and regulations, as it deems necessary.

Here is a link to the law.

Posted by Victor J. Medina – Medina, Martinez & Castroll, LLC

NJASBO Legal Update Program – September 27, 2007

victormedina — Mon, 24 Sep 2007 02:49:08 +0000

Just a quick note to let you know that I’ll be one of the featured attorneys at the New Jersey Association of School Business Officials (NJASBO) Legal Update Program at the Wyndham Garden in Mount Olive, NJ.

I’ll be speaking with Tony Sciarrillo and we’ll be talking about some of the new laws and cases affecting school districts in New Jersey.

Here’s a link to the program announcement – NJASBO Legal Update Program

Incidentally, our firm will be hosting a booth at the New Jersey School Boards Association Annual Conference in Atlantic City in October. We’ll be in Booth 1123, across from the Apple booth. (Did you know that our firm runs exclusively on Macs?)

If you attended any of the NJASBO A5 training seminars or Legal Update Programs at which I spoke, please stop by and introduce yourself. We’ll be talking about our Policy Customization Services and In-Service Training Programs – and of course, you’ll probably get some trinket for free!

See you there -

Posted by Victor J. Medina of Medina, Martinez & Castroll, LLC