NJASA Legal Department Research Services - September 2021

The School Ethics Act (Act) is pivotal for appropriate and productive board governance. Through the issuance of both advisory opinions and decisions, the School Ethics Commission (SEC) continues to provide guidance for board members and administrators for good governance practices. This month’s Administrative Guide will update our previous Administrative Guides by examining recent decisions and advisory opinions concerning board member conflicts of interest, as well as issues arising under the Board Member Code of Ethics.

In addition, the School News Briefs reviews three new cases including one by the United States Supreme Court in which it held that a school district violated the rights of a student cheerleader when it disciplined her for a snapchat post using vulgar and offensive language, when that post was made during the weekend, when not on school grounds, or involved in a school activity.

The Special Education Bulletin likewise reviews three cases including one in which the United States Court of Appeals for the Third Circuit found that when a student with a disability transfers school districts within the same state, the Stay Put Provision does not apply, and the new district will meet its obligation to provide a FAPE by complying with the intrastate transfer provision.

Subscribers to the NJASA Legal Research Publication Program can access the publications after inserting their username and password by clicking here.

To become a subscriber to the NJASA Legal Research Publications Program, click here.