NJASA Legal Department Research Services
February 2015 edition now online

The February 2015 Administrative Guide is available online. This Administrative Guide series provides school officials with information about the federal Electronic Communications Privacy Act (ECPA) which includes the federal Wiretap Act, and also discusses the New Jersey Wiretapping and Electronic Surveillance Contract Act.  Part one of this series examined wiretapping, surreptitious audio recordings, and the privacy of electronic and oral communications.  Part two discussed the New Jersey Wiretapping and Electronic Surveillance Control act and its applicability to school districts. Part Three reviews cases involving these Acts in school settings and their applicability to school districts. 

In addition, the School News Briefs reviews four new cases.  In one case, the Commissioner ruled that a board acted in an arbitrary and capricious manner by failing to determine that a male student’s sexual harassment of a female student constituted HIB.  In another case, the Appellate Division held that a school district was not liable for injuries to a child who was climbing on an uncovered radiator in a bathroom.

The February 2015 Impact on Negotiations reviews a case in which PERC ruled that a board did not commit an unfair practice by deducting 1.5% health insurance contributions from the salaries of unit members even though the members ratified the parties’ collective negotiations agreement prior to the effective date of the law requiring the contributions.

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