NJASA Legal Department Research Services
October 2014 edition now online

The October 2014 Administrative Guide is available online. Computers and related technology are integral to the functioning of public schools as they are used in virtually all aspects of the operation of a school district. Unfortunately there are many instances in which individual employees, students, parents, or other third-parties access a district’s computer data without authorization or they damage or alter data. When such an event occurs, school officials must be prepared to take prompt action consistent with applicable laws. Accordingly, this Administrative Guide discusses the federal Computer Fraud and Abuse Act and New Jersey’s computer-related theft and computer-related offenses statutes.

In addition, the School News Briefs reviews three new cases including one in which the Commissioner concluded that a single school board member does not have the authority to direct the issuance of a Rice notice to the superintendent. Only the board president, or the majority of the full membership of the board, has the authority to issue such a notice.

The October 2014 Impact on Negotiations  reviews four cases including one in which PERC restrained arbitration of a grievance contesting an increment withholding which was ordered because a teacher failed to keep her classroom organized.  PERC held that classroom cleanliness and organization relates primarily to teaching performance.

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