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Weekly Caselaw Updates

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Parsells v. Somerville Bd. of Educ.

The New Jersey Appellate Division affirmed the Commissioner of Education's determination that the Somerville Board of Education violated Parselss's rights when it refused to permit her to return to her tenured, full-time teaching position. The Court held that, consistent with the principles espoused in Bridgewater-Raritan Educ. Ass'n v. Bd. of…

Parsells v. Somerville Bd. of Educ.
New Jersey Appellate Division

The New Jersey Appellate Division affirmed the Commissioner of Education’s determination that the Somerville Board of Education violated Parselss’s rights when it refused to permit her to return to her tenured, full-time teaching position. The Court held that, consistent with the principles espoused in Bridgewater-Raritan Educ. Ass’n v. Bd. of Educ. of Bridgewater-Raritan Sch. Dist.,… Continue reading Parsells v. Somerville Bd. of Educ.

Morris v. Rutgers-Newark Univ.
New Jersey Appellate Division

The New Jersey Appellate Division reversed parts of the trial court’s grant of summary judgment because the court mistakenly dismissed some of the plaintiffs’ retaliation claims. The plaintiffs commenced this action for damages under the Law Against Discrimination, N.J.S.A. 10:5-1 to -50, because of the defendants’ various alleged acts or omissions. The defendants’ summary judgment… Continue reading Morris v. Rutgers-Newark Univ.

The New Jersey Appellate Division heard appeals from Woodbridge Township and the town’s Board of Education after their summary judgment motions were denied in an unusual personal injury case. The plaintiff was walking home from high school when the defendant struck him with her car. The plaintiff sued the driver and included the school district… Continue reading T.B. v. Novia

G.W. v. Ringwood Bd of Educ.
3rd Circuit

The Third Circuit held that the entry of a “Decision Approving Settlement” in an Individuals with Disabilities Education Act (IDEA) dispute satisfies the jurisdictional prerequisite to an appeal of an administrative IDEA determination under 20 U.S.C. § 1415(i). The parties purportedly entered into a settlement agreement, which an administrative law judge (ALJ) approved. Appellants then… Continue reading G.W. v. Ringwood Bd of Educ.

Circle of Seasons Charter Sch. v. Northwestern Lehigh Sch. Dist.
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court reversed an order of the trial court, which dismissed a charter school’s action against the county for allegedly collecting taxes on the school’s tax-exempt property. The Commonwealth Court reasoned that the matter should have been transferred to Appeals Board to consider the merits of the case because the county’s notice regarding… Continue reading Circle of Seasons Charter Sch. v. Northwestern Lehigh Sch. Dist.

An en banc panel of the Pennsylvania Commonwealth Court held that a school district’s decision to expel G.S. violated his constitutionally protected right to free speech. G.S.’s expulsion resulted from the district’s determination that G.S. had violated its Student Discipline Code by posting violent song lyrics on Snapchat, even though G.S. had put up the… Continue reading In re G.S.

Ladley v. Pa. State Educ. Assoc.
Pennsylvania Commonwealth Court

An en banc panel of the Pennsylvania Commonwealth Court reversed the trial court’s summary judgment order. Teachers filed a declaratory judgment action and civil rights case, challenging the constitutionality of the Pennsylvania State Education Association’s (PSEA) collection of fair share fees and its implementation of the religious objector provisions of the Pennsylvania Fair Share Law.… Continue reading Ladley v. Pa. State Educ. Assoc.

Eastern Univ. Acad. Charter Sch. v. Sch. Dist. of Philadelphia
Pennsylvania Supreme Court

The Pennsylvania Supreme Court affirmed the order of the Commonwealth Court, which held that Section 1729-A(a) of the Charter School Law does not impose a mandatory deadline by which a school district must decide to renew or not renew a charter. Here, a charter was not renewed. The school appealed, claiming that the district’s failure… Continue reading Eastern Univ. Acad. Charter Sch. v. Sch. Dist. of Philadelphia

R.S. v. Hempfield Area Sch. Dist.
Pennsylvania Commonwealth Court

The Pennsylvania  Commonwealth Court reversed an order of the Court of Common Pleas that granted a preliminary injunction to a student requiring a school to admit him to in-person education. The student was transferring from another school district where he had been charged with a weapons violation. Section 1317.2(a) of the School Code provides that… Continue reading R.S. v. Hempfield Area Sch. Dist.

Propel Charter Sch. v. Sch. Dist. Pittsburgh
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court affirmed the denial of Propel Charter School’s application to operate a Multiple Charter School Organization (MCSO). The Court concluded that the State Charter School Appeal Board properly denied Propel’s appeal from a Hearing Officer’s decision granting the Pennsylvania Department of Education’s motion to supplement the record with Propel’s 2017-18 school performance… Continue reading Propel Charter Sch. v. Sch. Dist. Pittsburgh