NJASA Legal Department Research Services - February 2018
School districts have been reporting an increase in the frequency of records requests made under the Open Public Records Act (OPRA). These requests sometimes include requests for student records. Any request involving student records requires careful scrutiny. This Administrative Guide discusses a recent opinion by the New Jersey Superior Court, Appellate Division, which addressed the complex questions surrounding the release of records related to students, and provides guidance to school administrators.
In addition, School News Briefs reviews three new cases including one in which the U.S. Court of Appeals for the Third Circuit remanded the matter to determine whether school board members had qualified immunity in their individual capacities, from a lawsuit filed by a local resident who claimed his First Amendment rights were violated.
The February 2018 Impact on Negotiations reviews four cases including one in which PERC restrained arbitration of a grievance contesting the nonrenewal of a non-tenured school nurse.
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