NJASA Legal Department Research Services - May 2021
Fiscal constraints may cause a board of education to implement a reduction in force (RIF) which results in the elimination of positions and/or programs. Part One of this Administrative Guide series discussed the legal authority for a board to implement a RIF, legal challenges to RIFs for procedural reasons, and RIFs involving teachers. Part Two discussed RIFs involving the consolidation of administrative positions, and the assertion of “bumping” rights. This Third Part concludes the series and discusses RIFs of secretarial and clerical positions, and preferred eligibility lists and recall rights of RIFed employees.
In addition, the School News Briefs reviews three new cases, one in which the Commissioner held that a board acted properly in abolishing therapist positions while contracting for services with the county Educational Services Commission.
The Special Education Bulletin likewise reviews three new cases, all of which involved the provision of services to special education services during the Covid-19 pandemic. In one case, the ALJ denied emergent relief to parents of a student with autism who requested a one-on-one aide for remote instruction. In another case, an ALJ denied the request for emergent relief by parents of a student with autism, who sought to compel in-person instruction at an out-of-district placement.
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