NJASA Legal Department Research Services - December 2019

Nearly every day, schools must balance necessary restrictions on student expression with students’ rights to free speech under the First Amendment. This Administrative Guide is the second part of a two-part series focusing on student speech. Part one of this Guide focused on student speech that takes place in school.  Part two reviews the balance between free speech rights and the ability of school officials to intervene when student expression occurs off campus.

In addition, the School News Briefs reviews four new cases including one case in which the Appellate Division held that an employee who suffered an injury at work did not have to prove the board took adverse action in order to prove her failure to accommodate claim under the New Jersey Law Against Discrimination.

The Impact on Negotiations reviews three new cases including one in which the Appellate Division held that PERC erred in deciding that Association members, who had contributed to health benefits for four years, were required to continue to contribute at the Tier-4 rate during the entire term of the successor agreement.

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