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NJASA Legal Department Research Services - October 2024
The September 2024 Administrative Guide provided a brief overview of the new changes to OPRA and discussed definitional terms of significance for school officials. In addition, it provided an overview of the exemptions from public disclosure and discussed the records made by school officials that are of a personal nature and do not constitute government records. This Part Two continues the discussion of OPRA. It provides an in-depth analysis of the exemption for advisory, consultative, and deliberative material and also discusses the amendment to OPRA dealing with requests for email and text messages.
The School News Briefs reviews three new cases, including one in which the New Jersey Superior Court, Appellate Division, held that a teacher dismissed on an inefficiency tenure charges failed to prove that the arbitration award was procured through undue means based on the contention that students in his classes had IEPs and/or could not speak English.
The October Impact on Negotiations likewise reviews three new cases, including one in which PERC held that the Association committed an Unfair Practice by failing to sign the 2021-2025 Collective Negotiations Agreement that contained a functionally equivalent salary guide progression chart in the parties’ prior Agreement.
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