NJASA Legal Department Research Services
February 2016 edition now online

The February 2016 Administrative Guide is available online. Part One of this Administrative Guide provided school officials with guidance in responding to requests for records under the Open Public Records Act (OPRA).  In particular, it focused on the exclusion of records containing personal information, as well as exemptions from the definition of a government record.  Part Two continues the discussion with particular focus on what determines if a record is “confidential” and therefore exempt from disclosure. 

In addition, the School News Briefs reviews three new cases, including one in which the United States Court of Appeals for the Third Circuit found that a teacher’s blog posts, which included derogatory comments about her students, were not entitled to First Amendment protection and therefore, the school district could take disciplinary action against her.

The February 2016 Impact on Negotiations also reviews three cases including one in which PERC denied a board’s request to restrain arbitration of a grievance alleging that the board implemented a new teacher evaluation model that increased teacher workloads without additional compensation.

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