Host - David Nash, Esq., Director of Legal Education and National Outreach, FEA

Guest - Patrick Kissane, President of NJ Association of School Resource Officers

Host - David Nash, Esq., Director of Legal Education and National Outreach, FEA

Guest - Lori Roland, LPC, LCADC, Student Assistance Coordinator, Brick Township High School

Host - David Nash, Esq., Director of Legal Education and National Outreach, FEA

Guest - Kathy McCutcheon, MSN, RN, NCSN, Lecturer, Rutgers School of Nursing- Camden, School Nurse Program, Member, New Jersey State School Nurse Association

Host - David Nash, Esq., Director of Legal Education and National Outreach, FEA

Guest - Carlo Favretto, Statewide Youth Coordinator, New Jersey Prevention Network

Host - David Nash, Esq., Director of Legal Education and National Outreach, FEA

Guest - Bob Mikos, Program Development and Training Specialist, New Jersey Prevention Network

Host - David Nash, Esq., Director of Legal Education and National Outreach, FEA

Guests - Robert Schwartz, Esq., NJPSA Chief Legal Counsel and John Farinella, Esq., NJPSA Legal Counsel and former high school principal

Host: David Nash, Esq., Director of Legal Education and National Outreach, Foundation for Educational Administration

Guests: Janine S. Byrnes, President, New Jersey School Transportation Supervisors Association; Sandra Jacques, Esq., LL.M, Assistant Director of Legal Education, Foundation for Educational Administration

Host: David Nash, Esq., Director of Legal Education and National Outreach, Foundation for Educational Administration

Guest: Karen Bingert, Executive Director, New Jersey Principals and Supervisors Association

Host: David Nash, Esq., Director of Legal Education and National Outreach, Foundation for Educational Administration

Guests: George Guy, Director of Elementary Education, Cherry Hill Public Schools; Rebecca Gold, LEGAL ONE Consultant and former Assistant Superintendent for Human Resources

Host: David Nash, Esq., Director of Legal Education and National Outreach, Foundation for Educational Administration

Guest: JoAnne Negrin, Ed.D., Chief Operating Officer, Language & Literacy Associates for Multilingual and Multicultural Education (LLAMAME), LLC.

Host: David Nash, Esq., Director of Legal Education and National Outreach, Foundation for Educational Administration 

Guests: Mx. Louis Noha Manziano, Supervisor of English Language Arts & Social Studies, Grades 6-12, Metuchen School District; Lori Burns, Ed.D., Director of Early Childhood P-3 Robbinsville School District

Host: David Nash, Esq., Director of Legal Education and National Outreach, Foundation for Educational Administration

Guest: Michael Gaskell, Principal, East Brunswick Public Schools

Host - David Nash, Esq., Director of Legal Education and National Outreach, FEA

Guest - Tom Eldrige, Business Administrator, Lawrence Township Public Schools

Host - David Nash, Esq., Director of Legal Education and National Outreach, FEA

Guest - Sandra Mamary, Assistant Director, New Jersey State Interscholastic Athletic Association (NJSIAA)

Host - David Nash, Esq., Director of Legal Education and National Outreach, FEA

Guest - Rebecca Gold, Former Assistant Superintendent for Human Resources, Experienced School Leader, Human Resources Professional and LEGAL ONE Consultant

Human Resources is a big term that encompasses everything school districts do in their interactions with current, prospective and even former employees. Having consistent, effective and legally compliant protocols to address all aspects of human resources is critical for all school districts. This episode will review some of the common legal issues that arise when HR protocols break down, provide tips for sound protocols related to recruitment hiring, onboarding, ongoing staff support, staff accountability, and addressing reference checks for former employees, and offer strategies for assessing your school district’s strengths and weaknesses and putting in place a process for continuous review and improvement.

Host - David Nash, Esq., Director of Legal Education and National Outreach, FEA

Guests - Rebecca Gold, Experienced School Leader, Human Resources Professional and LEGAL ONE Consultant; Tana Smith, Assistant Superintendent, Hopewell Valley Regional School District

What happens when staff members are directly observed by their supervisor, whether that be in the classroom, in the main office or other work settings, is a core aspect of a staff member’s evaluation. But it is not the full picture! This episode will review the many aspects of staff evaluation and accountability that go well beyond what is directly observed during a formal observation, including communications with parents, interactions with colleagues, and conduct outside of school and on social media. Listeners will be provided tips for clearly conveying the many aspects of staff performance beyond direct observation, and for consistently holding staff accountable through a sound system of progressive supervision.

Host - David Nash, Esq., Director of Legal Education and National Outreach, FEA

Guests - Rebecca Gold, Experienced School Leader, Human Resources Professional and LEGAL ONE Consultant; Dr. Charles Ford, Superintendent, Monmouth County Vocational School District

With school staffing shortages growing across the nation, it is imperative that school districts competing for staff members signal that they offer a family-friendly environment that recognizes the many pressing needs that may arise for staff members related to their families. At the same time, school staff members provide essential services and school districts need staff members to be present in order to operate efficiently and provide reliable educational and support services for students. This episode will review legal requirements under federal and state law that impact family issues that may arise for staff, including legal obligations related to family and medical leave, sick leave, and addressing the needs of staff members struggling with mental health and/or substance use issues. It will provide tips for creating a positive school culture while ensuring that essential school functions are provided, even when emergency issues arise for staff members.

Host - David Nash, Esq., Director of Legal Education and National Outreach, FEA

Guests - Rebecca Gold, Experienced School Leader, Human Resources Professional and LEGAL ONE Consultant; Paula Clark, Esq., Director of HR/In-House Labor and Employment Counsel, Wayne Township School District

Sexual harassment in public schools can take many forms. This episode will provide a clear definition of what constitutes sexual harassment and the legal obligations that must be addressed in response to any potential incidents. This will include a review of staff-to-staff, staff-to-student and student-to-student issues, and requirements that must be met under federal and state law, including federal Title IX, New Jersey’s Law Against Discrimination and Anti-Bullying Bill of Rights.

Host - David Nash, Esq., Director of Legal Education and National Outreach, FEA

Guests - Sandra L. Jacques, Esq., LL.M., Assistant Director of Legal Education, FEA; Rebecca Gold, Experienced School Leader, Human Resources Professional and LEGAL ONE Consultant

There is a growing awareness of the importance of ensuring that all students build strong connections with trusted adults in the school setting. At the same time, it is critical that school staff members understand the importance of maintaining appropriate boundaries, in order to avoid even the appearance of an improper relationship with students. This episode will review tips for creating a Code of Conduct for staff members that provides for a clear understanding of staff/student boundaries and protocols for promptly and effectively addressing any concerns that may arise. Participants will learn about one New Jersey school district’s innovative approach and a national model for addressing this issue.

Host - David Nash, Esq., Director of Legal Education and National Outreach, FEA

Guests - Rebecca Gold, Experienced School Leader, Human Resources Professional and LEGAL ONE Consultant; Jetta Bernier, Executive Director, MassKids; Dr. Rosetta Treece, Superintendent, Hopewell Valley Regional School District

All school districts need to understand their obligations for implementing Title IX, which ensures that no students in our schools are victims of gender-based discrimination, whether in the form of inadequate support for female students in athletics, under-representation in certain rigorous academic programs or ineffective responses to reports of student sexual harassment. On August 1st, 2024, those obligations underwent major changes as a result of 1677 pages of new federal regulations that went into effect that day. This podcast episode will highlight the key changes in those regulations, as well as recent Title IX case law, and provide tips for schools in fulfilling their legal obligations under Title IX.

Host - David Nash, Esq., Director of Legal Education and National Outreach, FEA

Guest - Sandra L. Jacques, Esq., LL.M., Assistant Director of Legal Education. FEA

Ensuring that students are able to safely participate in school athletics takes a team effort. That team includes parents, students, private healthcare providers and, of course, key school officials, including school nurses, school physicians, athletic directors, coaches and athletic trainers. For the 24-25 school year, major changes were made to the process for student athlete clearance, including revised forms and new limitations on information that is to be shared with school officials, absent parental consent. This podcast episode will highlight the key aspects of the revised student athlete clearance process, ongoing obligations to address any new medical issues that school officials may become aware of, and strategies for ensuring that necessary information is shared between students, parents, healthcare providers and school officials in order to promote the health and safety of all student athletes.

Host - David Nash, Esq., Director of Legal Education and National Outreach, FEA

Guest - Bert Mandelbaum, MD, FAAP, School Physician

We are experiencing a surge in students nationwide who are in need of mental health supports. Involvement in school athletics has the potential to greatly benefit both the physical and mental health and well-being of students. However, student athletes often face enormous pressures to succeed, both athletically and academically. For any student athlete, there is also the challenge of learning to cope with the emotional rollercoaster that inevitably comes with athletic competition. In addition, for many student athletes, the coach is the school employee who knows that student better than any other staff member, and may be the first to recognize subtle changes in the student's demeanor or behavior. In this podcast episode, participants will learn about the legal requirements relevant to addressing student mental health issues, the critical role of the coach and athletic director, and key protocols for creating a safety net to support all student athletes.

Host - David Nash, Esq., Director of Legal Education and National Outreach, FEA

Guests - Maureen A. Brogan, LPC, ACS, DAAETS, DRCC, Program Manager, Traumatic Loss Coalitions for Youth (TLC), Rutgers University Behavioral Health Care; Michael Stoia, Athletic Director, Red Bank Regional High School District; Lori Todd, MA, LPC, ACS, Student Assistance Counselor, Red Bank Regional High School District

Guest - George Guy, Principal, Cherry Hill Public Schools

Discrimination in our schools can take many forms.  Sometimes it takes the form of overt, intentional acts which any reasonable person should recognize.  But other times, discrimination can take more insidious, subtle forms.  Learning how to identify those subtle forms of discrimination, including microaggressions and implicit biases, is critical for school districts in order to meet their legal duty of care and to ensure a school climate and culture that embraces the value of diversity, equity, and inclusion.  In this episode, participants will learn about the legal obligations related to identifying, responding to, and overcoming microaggressions and implicit biases that impact the school setting for all stakeholders.

Guest - Rebecca Gold, LEGAL ONE Consultant

With school districts facing increasing staffing shortages, efforts to promote diversity in hiring have become more challenging than ever.  Those efforts have become ever more complicated by a recent U.S. Supreme Court decision invalidating the use of certain affirmative action policies at Harvard and the University of North Carolina.  However, the legal requirement to promote diversity in hiring and ensure nondiscriminatory hiring and promotions remains in effect for all New Jersey school districts.  In this episode, participants will gain an understanding of current legal requirements, the impact of a recent U.S. Supreme Court decision, and the elements related to recruitment and hiring practices that must be addressed in each district’s Comprehensive Equity Plan.  Listeners will also learn about innovative recruiting strategies that have made a real difference for New Jersey school districts.

Guest - Maureen A. Brogan, LPC, ACS, DAAETS, DRCC, Program Manager, Traumatic Loss Coalitions for Youth (TLC), Rutgers University Behavioral Health Care

Recent data suggests an alarming spike in mental health needs for students and staff in our public schools.  In this episode, participants will learn about legal requirements under state and federal law related to addressing mental health needs, including a new State law regarding depression screening for students, expansions of state requirements related to health insurance coverage, an overview of the interactive process and reasonable accommodations, and key mental health considerations related to school security.

Guest - John Worthington, Esq., Coordinator of Special Education Law, FEA

New Jersey has one of the most expansive anti-discrimination laws in the nation, which provides strong protections for students and staff members in our schools.  In this episode, participants will learn about the broad protections available under NJLAD, including protected categories, recent expansions and clarifications of those protections related to racial discrimination, protections from discrimination linked to hair type/style/texture, and gender equity, including equity in pay and protections for the rights of new mothers, and the various options available for raising a claim of discrimination against a school district.

Guests - Christian Fuscarino, Executive Director, Garden State Equality and Kate Okeson, Co-Founder, Monmouth Consortium for LGBTQ+ Youth and NJ High School Art Teacher

The stakes couldn’t be higher. Across the nation, a concerted effort is underway to pressure local school districts to reduce or even abandon essential policies, practices, and curricula that are intended to promote a safe and supportive learning environment for LGBTQ+ students. These efforts have the potential to exponentially increase the risk of harm to students. In this episode, participants will learn about the legal requirements to support LGBTQ+ students under the New Jersey Law Against Discrimination and other state and federal laws; key elements of guidance developed by the New Jersey Department of Education and Attorney General related to supporting transgender students; and the legal consequences and foreseeable dangers related to adopting board policies that require the outing of LGBTQ+ students to parents or guardians.

This session will discuss the various leaves available to school employees and how they interact with one another. Leaves to be considered will include, but not be limited to basic sick leave, personal leave and other contractually negotiated leaves, FMLA, FLA, and NJ paid family leave.  

This session will review the legal requirements for gifted and talented education in New Jersey, including the recently passed Strengthening Gifted and Talented Education Act and its new reporting requirements. Also to be discussed will be  program requirements, funding issues, identification, programming and equity issues in gifted and talented programs.  

This session will provide an overview of New Jersey Registration and Residency Laws pertaining to students enrolling in a public school.  Participants will gain an understanding of the limitations of a School District when seeking documentation from prospective students.  Additionally there is a discussion of the residency exceptions available to students that are not domiciled within the boundaries of the School District.

This Podcast will provide an overview of the McKinney-Vento Homeless Assistance Act. Participants will gain an understanding of a school’s obligations to homeless students, as well as information about the application of Title I funds, the role of the District’s Homeless Liaison,  and additional resources.

This episode will provide an overview of the HIB process, and more specifically, how to work with students with disabilities involved in HIB incidents as a victim, perpetrator or witness. State and federal guidance for working with students with disabilities when investigating HIB incidents will also be discussed, as well as best practices for working with these students and addressing their needs when they are involved in HIB incidents.

This episode will address teacher certification requirements when working in a special education or general education setting and delivering instruction and services to students with disabilities. Issues caused by teacher and staff shortages will be discussed, including specifically, staffing issues in secondary settings. The TOH and TOSD licenses and their impact on staffing classrooms will also be discussed.

This episode will review the rise of violent extremism across the nation and the impact on public schools.  Listeners will learn about how to distinguish extremism from protected First Amendment expression, strategies for identification, prevention of extremism, and response to incidents of extremism involving students, parents, community members and/or school staff.  

This episode will review the impact of recreational marijuana use for adults on public schools.  The episode includes a review of legal requirements and best practices for responding to marijuana and other substance use, available resources to support students, and key elements of a comprehensive Toolkit for Schools, developed by NJ Prevention Network and LEGAL ONE

In 2022, a new statute established requirements that a School District must fulfill if it has a School Newspaper.  This episode will discuss the 2022 law, as well as the types of speech limitations that a District may assert pertaining to articles and/or editorials the student journalists may wish to publish.

The deadline to submit a School District’s Comprehensive Equity Plan (CEP) was extended to June 30, 2023.  This episode will provide an overview of the information necessary to complete the CEP. A discussion of statutory mandates will also provide the listener with examples of actions that demonstrate actionable options for a School District to successfully complete the CEP.

This episode will address the legal requirements for addressing threats and dangerousness when working with students with disabilities. The unique legal requirements for disciplining and removing these students when the student is considered a danger or threat will be reviewed. In addition, the legal requirements for assessing and addressing potential threats in accordance with recent legislation will be reviewed in the context of addressing students with disabilities.

This episode will review key legal parameters for addressing religious expression in school and at school events for both students and staff, in light of the recent U.S. Supreme Court decision in Kennedy v. Bremerton.

This episode will review key legal requirements and best practices related to supporting transgender students in our schools, including a review of student confidentiality rights, ensuring a gender inclusive curriculum, addressing name changes, access to locker rooms and restrooms, and responding to acts of bullying and discrimination.

This episode will address the steps of Progressive Discipline required for staff that have issues with excessive absenteeism and/or tardiness.  Recent TEACHNJ Cases will demonstrate how Arbitrators analyze Conduct Unbecoming Claims for these situations, and will provide guidance as to the Due Process rights of the staff member.

This episode will review key changes to New Jersey’s Anti-Bullying Bill of Rights that have gone into effect for the 2022-23 school year, including new requirements related to staff reporting protocols, responding to students engaged in multiple incidents of bullying, initiating investigations, and potential parent liability. 

In this episode, we will discuss important dates and tasks with respect to claims for compensatory services arising from the COVID-19 pandemic (March 2020 - September 1, 2021) and the tasks all districts must complete as part of unique legal requirements for this time period. The need to hold meetings for all students and document IEP team determinations and the services provided to students to address FAPE denials will be addressed. In addition, unique requirements with respect to the students and parents with whom IEP team meetings are required, as well as service determinations and provision of services when appropriate, will be addressed. 

In this episode, Ellen Bass shares insights from her career in school law, spanning more than 40 years, including her time as an Administrative Law Judge and school board attorney.  Judge Bass reviews common mistakes in how school officials prepared for and conducted hearings, and shares tips for reducing the potential for litigation.

Presenters: David Nash, Esq., LEGAL ONE Director and Wayne Yankus, MD

In this episode, listeners will learn about the latest developments regarding health Protocols for school districts as districts open for the 2022-23 school year, including a review of the latest Executive Order signed by the Governor and the most recent guidance from the CDC and New Jersey Department of Health.

Presenters: David Nash, Esq., LEGAL ONE Director interviews Maureen Brogan, LPC, ACS, DAAETS, DRCC, Statewide Coordinator, Traumatic Loss Coalitions for Youth, Rutgers University Behavioral Health Care.

In this episode, learn about key considerations and strategies for educators, counselors and parents about how to discuss the horrific events in Uvalde, Texas and other school shootings with children. Listeners will hear about key tips for having discussions with children at various ages and developmental levels, learn about the importance of helping children process the information they are receiving from social media and other sources, and help adults recognize the issues that they may need to process and address in order to be equipped to speak with children. 

Presenters: David Nash, Esq., LEGAL ONE Director interviews Jeff Gale, Director, Office of School Preparedness and Emergency Planning, NJDOE.

In this episode, learn about the trends and key lessons that have emerged related to school shootings over the past two decades, and key information emerging from the horrific school shooting in Uvalde, Texas. Listeners will also learn about the specific resources available to support schools related to school security, best practices regarding threat assessment and collaboration with law enforcement and other entities, and recent changes in law that impact school safety and security.

Topics to be discussed include:

• Key takeaways from the research from the U.S. Secret Service (2019 and 2021 reports) regarding completed and averted school shooting in recent years.
• Understanding the resources available from the NJDOE Office of School Preparedness and Emergency Planning to assist school districts in assessing and improving their school security protocols.
• Best practices related to conducting student threat assessments and available research and models and understanding when to share information with law enforcement.
• Understanding where to go for information on recent revisions in school security law including changes that went into effect in January 2022.

Presenters: David Nash, Esq., LEGAL ONE Director interviews Teresa Taylor, PhD BCBA-D CCTP, Director of Special Services, Jackson Township Public Schools.

In this episode, learn about the critical importance of conducting both threat assessments and risk assessments for students who are showing signs of either suicidal ideation or homicidal ideation. Listeners will learn about research that documents the high likelihood that students who engage in school shootings and other acts of violence are also experiencing mental health issues, including suicidal ideation. Listeners will learn about how one New Jersey school district has put in place protocols to fully examine all of the needs of students who may pose a threat of harm to self or others, and steps to consider to begin putting such protocols in place in your district.

Presenters: David Sciarra, Esq., Executive Director, Education Law Center; Derek Black, Esq., Professor of Law, South Carolina School of Law and author, Schoolhouse Buring: Public Education and the Assault on Democracy

In this episode, Education Law Center Executive Director David Sciarra interviews Derek Black, Esq., Professor of Law at South Carolina School of Law. Professor Black is the author of a leading education law casebook, Education Law: Equality, Fairness, and Reform, and the book Schoolhouse Burning: Public Education and the Assault on Democracy. His areas of expertise include education law and policy, constitutional law, and civil rights. Professor Black discusses the legacy and lasting national impact of the Abbott v. Burke litigation, and contrasts the approach taken in New Jersey with that of other states seeking to address issues of equity in education.

Presenters: David Sciarra, Esq., Executive Director, Education Law Center; Rosie Grant; Executive Director, Paterson Education Fund; Kaleena Berryman, Executive Director, Abbott Leadership Institute

In this episode, Education Law Center Executive Director David Sciarra interviews Rosie Grant; Executive Director of the Paterson Education Fund, and Kaleena Berryman, Executive Director of the Abbott Leadership Institute. Ms. Grant and Ms. Berryman have both played leading roles in promoting grassroots engagement public school reform. Ms. Grant and Ms. Berryman discuss the central role of community engagement in the fight for educational equity and excellence for all students and the many positive outcomes that have resulted through grassroots parent involvement.

Presenters: David Sciarra, Esq., Executive Director, Education Law Center; Elise Boddie, Esq., Founder and Director of The Inclusion Project, Rutgers Law School

In this episode, Education Law Center Executive Director David Sciarra interviews Elise Boddie, Esq., Founder and Director of The Inclusion Project at Rutgers Law School.  Ms. Boddie is an award-winning legal scholar and a full-time law professor at Rutgers Law School in Newark where she teaches constitutional law, civil rights, and state and local government law. Before joining Rutgers she was the Director of Litigation at the NAACP Legal Defense & Educational Fund, Inc. (LDF).  She is also advising counsel for plaintiffs in a pending lawsuit challenging de facto segregation in New Jersey. In this episode, Ms. Boddie discusses the central issues in that pending litigation, and the benefits of an inclusive school environment for all students.

Presenters: David Sciarra, Esq., Executive Director, Education Law Center; Gary Stein, Esq., Former Justice, New Jersey Supreme Court, Special Counsel, Pashman, Stein, Walder, Hayden

In this episode, Education Law Center Executive Director David Sciarra interviews former New Jersey Supreme Court Justice Gary Stein, who served on New Jersey’s highest court for 17 years from 1985 to 2002.  During Justice Stein's tenure, the New Jersey Supreme Court handed down a series of far reaching decisions in the Abbott v. Burke litigation; decisions which have significantly changed the shape of urban education in New Jersey for millions of our poorest students, and which laid the groundwork for the ongoing legal battles that continue today to promote equity and access to high quality education for all students, regardless of race, income level or zip code.  Justice Stein takes us inside the debates that resulted in the Abbott decisions, reflects on the legacy of Abbott, and reviews the equity challenges that still need to be overcome.

Presenters: David Sciarra, Esq., Executive Director, Education Law Center; Theresa Luhm, Esq., Managing Director, Education Law Center; Steve Morlino, CEFM, LEED AP, School Facilities Management Consultant

In this episode, Education Law Center Executive Director David Sciarra interviews two leading experts on school facilities and the law. Theresa Luhm, Esq., is Managing Director, Education Law Center; and Steve Morlino, CEFM, LEED AP, School Facilities Management Consultant. They discuss the New Jersey Supreme Court's Abbott VII decision and the profound impact it has had and will continue to have for generations to come. In that case, the Court ordered that funding be provided to support renovation and construction of high quality school facilities in the Abbott districts, a decision that has resulted in billions of dollars of funding for school facilities and provided a roadmap for other districts in New Jersey and nationwide to follow.

Presenters: David Sciarra, Esq., Executive Director, Education Law Center; Ellen Frede, Senior Co-Director, National Institute for Early Education Research, Rutgers University

In this episode, Ellen Frede, who is the Senior Co-Director of the National Institute on Early Education Research at Rutgers University discusses the landmark Abbott VI  decision handed down by the New Jersey Supreme Court in 2000, which ordered the implementation of high quality preschool with properly certified teachers and class sizes of no more than 15 in the Abbott school districts, and the lasting impact of this decision in New Jersey and nationally. Dr. Frede's extensive experience in the area of early childhood education includes service as a teacher, researcher, college professor and as Assistant Commissioner for Early Childhood Education at the New Jersey Department of Education.

Presenters: David Sciarra, Esq., Executive Director, Education Law Center; Silvia Abbatto, Superintendent, Union City Public Schools

In this episode, Education Law Center Executive Director David Sciarra interviews Silvia Abbato, who is the first woman and first person of Hispanic descent to serve as Superintendent for the Union City School District. This episode examines the impact of the New Jersey Supreme Court's landmark 1998 Abbott V decision, in which the Court recognized the constitutional obligation for the State of New Jersey to identify and address the negative effects of poverty on the ability of children to receive a thorough and efficient education, the lasting impact of that decision and the challenges that remain in working to overcome the impact of poverty on education today.

Presenters: David Sciarra, Esq., Executive Director, Education Law Center; David Aderhold, Ed.D., Superintendent, West Windsor-Plainsboro Regional School District; Anthony Trongone, Superintendent, Millville Public Schools

In this episode, Education Law Center Executive Director David Sciarra interviews two superintendents - Tony Trongone, Superintendent of Millville Public Schools, and Dr. David Aderhold, Superintendent of West Windsor-Plainsboro Regional School District. Both have been leaders in the effort to promote educational equity for all students regardless of race, ethnicity, socioeconomic status or zip code. They discuss the impact of the Abbott v. Burke litigation, and in particular the Abbott IV decision, in which the Court embraced the concept of having substantive curriculum standards as part of the Constitutionally protected entitlement to a thorough and efficient system of public schools for all students.

Presenter: Larry Lustberg, Esq., Co-Director, Gibbons Fellowship in Public Interest & Constitutional Law, Gibbins Law Firm

In this episode, Education Law Center Executive Director David Sciarra interviews Larry Lustberg, now an attorney at the Gibbons law firm in Newark, New Jersey. Larry was a key player in the early days of the Abbott v. Burke litigation, and discusses the historic Abbott II decision in 1990, in which the New Jersey Supreme Court held that children in our poorest, largely urban school districts were constitutionally entitled to an education comparable to that provided to children from our most affluent school districts.

Presenters: David Sciarra, Esq., Executive Director, Education Law Center; Paul Tractenberg, Esq., Founder of the Education Law Center and Professor Emeritus, Rutgers Law School

In this episode, former Rutgers Law School Professor and founder of the Education Law Center, Paul Tractenberg, who was truly a pioneer in New Jersey and nationally.  Professor Tractenberg discusses the incredible disparities in educational quality that existed and were widely accepted a half century ago, before New Jersey’s groundbreaking Abbott v Burke litigation, and the steps taken in the 1970s and 80s that set the stage for the many legal successes that followed.

Presenters: David Nash, Esq., LEGAL ONE Director; Mandi Zucker, Founder and President at Inner Harbor and Certified Grief Recovery Specialist.

Dealing with the loss of a loved one can be a devastating experience. For school staff members who spend so much of their time focused on supporting the needs of students, it is critical that school districts have in place strong support systems to support those staff when they suffer a personal loss. In this episode, listeners will hear key strategies for supporting their colleagues and addressing their own needs after a loss.

Key topics to be addressed in this episode include:

• Creating safe outlets for staff members to share information regarding personal loss or other traumatic experiences;
• Providing strategies for staff to support colleagues who have experienced personal loss or trauma;and
• Best practices for facilitating the return to work for staff members after a loss or other traumatic event.

Presenters: David Nash, Esq., LEGAL ONE Director; Susan Coyle, MA; Middlesex County Traumatic Loss Coalition Coordinator; Kathy Shoemaker, Ph.D, Assistant Professor, Department of Educational Psychology, Rutgers Graduate School of Education

Given the increasing demands placed on educators and school leaders in these unprecedented times, school staff face significant risk of burning out, lashing out or losing empathy for students, parents and colleagues, which in turn can jeopardize employment and create significant potential liability for individuals and school districts. Understanding your own social and emotional needs and engaging in proper self-care is essential for all school staff members. In this episode listeners will learn simple strategies to support their own social and emotional well being.

Key topics to be addressed in this episode include:

• Simple mindfulness techniques that you can use even when you only have a brief period of time available;
• Tips for promoting and implementing mindfulness techniques throughout your school district; and
• Resources to help you ensure consistent implementation of best practices to support social and emotional well-being.

Presenters: David Nash, Esq., LEGAL ONE Director; Susan Coyle, MA; Middlesex County Traumatic Loss Coalition Coordinator.

As we work through a global pandemic, there has been a significant increase in the number of staff dealing with mental health needs. It can be difficult to assess your own needs and to know how to support your colleagues. This session will provide key tips for identifying those staff in need and tips to support your needs and those of your colleagues in these challenging times.

Key topics addressed in this episode include:

• How to recognize your own mental health needs;
• How to support a colleague struggling with their mental health; and
• How to recognize a crisis situation and respond appropriately to emergent needs

Presenters: David Nash, Esq., LEGAL ONE Director; Susan Coyle, MA; Middlesex County Traumatic Loss Coalition Coordinator; Rebecca Gold, LEGAL ONE Consultant

When it comes to supporting school staff and addressing mental health needs, all school staff - from the superintendent, to the director of human resources, to other school administrators, educators and support staff - have a critical role to play. This episode is part of a series offered in collaboration with the ERIC North subfund of the New Jersey Schools Insurance Group.

Key topics addressed in this episode include:

• Potential scenarios that could arise related to staff mental health and key protocols to address those situations;
• The role of key players in addressing staff mental health, including the school board, superintendent, HR Director, affirmative action officers, other school administrators and ALL school staff members, and;
• Key steps that should be taken at the beginning of the school year to set the proper tone in addressing staff mental health.

Presenters: David Nash, Esq., LEGAL ONE Director; Susan Coyle, MA; Middlesex County Traumatic Loss Coalition Coordinator; Rebecca Gold, LEGAL ONE Consultant.

The pressures confronting school staff members have never been greater, with a global pandemic, constantly changing public health protocols, a worldwide racial justice movement and other local and world events that have had a profound impact on so many of staff, students and parents.  This episode is the first in a 5-part series that will review the importance of proactively addressing the mental health needs and social and emotional wellbeing of school staff members.  The series will also provide simple techniques and strategies that can be used immediately by listeners to assess their own needs, support their colleagues, practice self-care and deal with personal loss. 

Key topics addressed in this episode include:

• The legal requirements that school districts must address concerning staff member mental health;
• The potential impact on student well-being and productivity if school districts fail to act to address staff mental health; and
• The many positive outcomes that result when employers proactively support their staff members’ mental health needs.

Presenters: Sandra L. Jacques, Esq., LL.M., LEGALONE Supervisor of Legal Research & Content Development, and Rose Acerra, Past President & Legislative Chairperson for NJPTA.

On June 23, 2021, the U.S. Supreme Court provided clarification regarding students’ off-campus 1st Amendment Free Speech Rights, when it rendered its Decision in the case of MAHANOY AREA SCHOOL DISTRICT v. B. L., A MINOR, BY AND THROUGH HER FATHER, LEVY, ET AL., which has also come to be known publicly as “The Cheerleader Case”. This Podcast continues the discussion of the March 2021 LEGALONE Podcast addressing Student Free Speech Rights, by reviewing the U.S. Supreme Court’s June 2021 Decision, and noting the change in legal standard from the 3rd Circuit Court of Appeals 2020 Decision in this case.

Presenters: David Nash, Esq., Director of Legal Education; Rebecca Gold, LEGAL ONE Consultant, Maureen Brogan, Statewide Coordinator, Traumatic Loss Coalitions for Youth, Rutgers University Behavioral Health Care, and Susan Coyle, Middlesex County Traumatic Loss Coalition Coordinator.

As school officials prepare for yet another year of schooling during a global pandemic, the cumulative impact of recent events on staff mental health and wellbeing has been profound. In this episode, listeners will learn about their legal obligations when they learn about staff members struggling with mental health issues, the protections available for staff members who ask for help, and practical strategies for providing ongoing support and creating a climate where staff members will seek support when needed.

As schools prepare for reopening, it is critical that they prepare for new challenges that may arise related to societal trends, including the recent uptick across the nation in anti-Asian discrimination. In this podcast, listeners will learn about the latest trends, key anti-discrimination protections in place under state and federal law, key tips for identifying, investigating and responding to any acts of anti-Asian discrimination, and strategies for proactively addressing the needs of Asian students and families.

Presenters: David Nash, Esq., Director of Legal Education, Wayne Yankus, MD FAAP, and Robert Acerra, Director of Member and Board Services, NJPTA.

With the game changing Delta variant spreading, and evolving health guidance at the state and federal levels, it is essential for schools to be ready to understand and implement the latest public health protocols for schools. In this episode, Dr. Wayne Yankus, a long-time school physician and statewide leader on school public health, breaks down the latest information on the Pandemic and key considerations and steps for all schools as we prepare for large scale reopening this Fall. Listeners will also hear from a representative of NJPTA about the concerns of parents related to reopening and strategies for schools and parents to work together to ensure the safety of our children, parents and school staff.

Presenters: Sandra L. Jacques, Esq., LLM., LEGAL ONE Supervisor of Legal Research & Content Development and Joseph Ventre, Certified Information Systems Security Professional (CISSP) - Founder of www.Cybersecurityguard.com and Chief Information Officer (CIO) in a NJ School District

As we prepare for the full-scale reopening of schools it is critical that we understand the latest trends and best practices pertaining to Cyber Security Issues. This Podcast will address Cyber Security Incidents affecting K-12 schools; Cyber Threats including Malware, Distributed Denial of Service, Phishing, 3rd Party Employee Error; Sources of Cyber Security Breaches; Password Policies; and Preparing for and Responding to a Cyber Attack.

Presenters: David Nash, Esq., Director of Legal Education, Fidelia Sturdivant, Coordinator of Diversity, Equity, and Inclusion and Rose Acerra, Immediate Past President & Legislative Chairperson for NJPTA.

The need to embrace diversity, equity and inclusion in our schools has never been clearer. The COVID pandemic has shone a bright light on the vast disparities in educational opportunity that continue to plague our schools as we prepare for the full reopening of schools this fall. This episode of the LEGAL ONE Podcast provides an overview of the statutory protections against discrimination available under state and federal law, as well as recently enacted laws expanding those protections, curriculum requirements and supports. Participants will also hear about key strategies for having necessary and courageous conversations related to racial and social justice, and tips for constructively engaging parents on these critical issues.

Presenters: David Nash, Esq., Director of Legal Education and Jeff Gale, Director of the Office for School Preparedness and Emergency Planning, NJDOE

Ensuring that all students, staff, parents, and visitors understand and adhere to school security protocols has always been essential, especially in light of the increase in gun violence in recent years. The challenges of school security will be even greater as schools prepare for full scale reopening this Fall, as many students and staff have worked remotely for more than a year, have not had to go through security drills and may be tempted to cut corners that could compromise safety. In addition, schools will be expected to implement a number of new safety protocols that were not in place prior to the pandemic. In this episode, participants will hear about key legal requirements related to school security and receive tips on how to prepare all stakeholders for a safe and secure reopening of schools this Fall.

Presenters: David Nash, Esq., Director of Legal Education, Diane Litterer, Executive Director, New Jersey Prevention Network, Cathy Lindenbaum, 2019-2021 NJPTA President, and Robert Acerra, Director of Member and Board Services, NJPTA

As we prepare for the full scale reopening of schools it is critical that we understand the latest trends, best practices and parent engagement strategies related to addressing student substance use. In this episode listeners will learn about the latest trends related to student vaping and substance use, and review the impact of the pandemic on student mental health and substance use. Listeners will learn about key tools and resources available to address these challenges. Listeners will also hear about key strategies for working with parents to identify and support students in need, This episode has a companion episode addressing the legal framework related to addressing student substance use.

Presenters: David Nash, Esq., Director of Legal Education and John K. Worthington, Esq., Education Law Specialist.

Effectively addressing student substance use requires a strong understanding of the complex legal framework school officials must follow under state and federal law. In this episode, participants will learn about statutory requirements related to identifying and responding to students suspected of under the influence, requirements to provide a comprehensive drug and alcohol counseling program and protect student confidentiality, and key aspects of recently enacted legislation legalizing cannabis use for adults, and the impact of cannabis legalization on how schools operate. This episode has a companion episode addressing best practices and working with parents.

Presenters: John K. Worthington, Esq., LEGAL ONE consultant and Susan Green, SEPTA President, Ocean Township School District.

Addressing the needs of students with disabilities has been extremely challenging during the pandemic. Given these challenges, parents and school officials need to consider whether any student with a disability was denied a free appropriate public education or FAPE as a result of the pandemic and is entitled to compensatory services. This podcast episode will review the legal considerations involved in making this determination, the other options available to provide enhanced support for students with disabilities, including extended school year services and access to universal summer programming, and strategies for working in partnership with parents to fully understand and address the needs of all students with disabilities.

Presenters: David Nash, Esq., Director of Legal Education and Susan Coyle, Middlesex County Traumatic Loss Coalition Coordinator.

With students and families struggling with far reaching impact of a global pandemic, Identifying students in need of mental health services and effectively addressing their needs has never been more important. This episode focuses on understanding key legal requirements related to addressing student mental health needs, raising awareness of available resources and providing suggested steps for school districts to consider as we prepare for full reopening of schools in September.

Presenters: John Farinella, Esq., NJPSA Legal Counsel, Sandra L. Jacques, Esq., Supervisor of Legal Research and Content Development and Rose Acerra, Immediate Past President & Legislative Chairperson for NJPTA

This episode of the LEGAL ONE 2021 Summer Series Podcast addresses Student Learning Loss Issues and State Requirements for Graduation. This Podcast discusses Beginning Again in the Post-Covid Era in our schools, focusing on the areas of Attunement to the needs of individual School Districts, overall wellness of students and staff, creating “hope” in schools, school mission issues, financial considerations including the application of the American Rescue Funds Grant, clarity of School District objectives and collaboration with parents and all stakeholders to ensure a positive educational experience for students.

With schools planning for full reopening in September, school districts across the nation are grappling with how to address difficult questions related to employee vaccination and the rights of employees regarding the confidentiality of their health information as it relates to the global pandemic. This webinar provides a review of relevant U.S. Supreme Court case law, recent EEOC guidance, and key considerations for proactively addressing school district HR policies.

Questions addressed include:

Under what conditions may a school district require employees to be vaccinated?

What rights do employees have to refuse vaccination on medical, religious or philosophical grounds?

What obligations do school districts have to accommodate employees who are unwilling or unable to be vaccinated?

What rights do employers have to know health information of their employees, including their vaccination status and the specific health issues that employees may have experienced related to COVID-19?

How has COVID impacted the ways schools operate and the ability of employees to work remotely or otherwise use technology?

In what ways should school districts consider revising their HR policies moving forward?

This episode of the LEGAL ONE Podcast will review the legal analysis of Title IX Retaliation claims in light of the landmark United States Supreme Court Decision in Jackson v. Birmingham Public Schools, 544 U.S. 167 (2005). This will include a review of the legal standard utilized to determine if, based upon the facts and supporting evidence presented, a Title IX Violation may exist in a School District, and the viability of a Retaliation Claim by a School District employee that reports a perceived Title IX Violation. Finally, the episode will include a discussion of the importance of schools and parents working together to ensure that all parties understand discrimination issues in schools.

This episode of the LEGAL ONE Podcast includes a review of the seminal case on addressing the needs of students who are English Language learners regardless of their citizenship status, in light of the landmark U.S. Supreme Court decision in Plyler v. Doe.  The episode reviews the constitutional protections available to students under the Equal Protection Clause of the Fourteenth Amendment.  The episode includes a discussion of other key developments addressing the legal rights of English Language learners since the Plyler decision, including a review of the rights of such students to access rigorous courses and gifted programs, the right to be protected from hate speech, including recent trends related to Anti-Asian speech, and the right to receive services as needed if an English Language learner also has a disability.  Finally, the podcast includes a discussion about how schools and parents can work together to ensure that the needs of English Language learners are effectively addressed and to ensure that the families of such students are welcomed into the larger school community. 

This episode of the LEGAL ONE Podcast includes a review of the seminal case on determining whether a parent can immediately bring a civil suit in federal court under the Americans with Disabilities Act and Section 504 or must first exhaust administrative remedies under IDEA, which in turn has major implications in terms of liability exposure and how quickly legal issues can be pursued in federal court.  Specifically, Fry addressed whether plaintiffs were required to exhaust IDEA administrative remedies before pursuing claim under Section 504 and the ADA in a case involving denial of access for a service dog. The Supreme Court held that exhaustion of administrative remedies is required when the crux of the plaintiff’s suit is a denial of a FAPE, which is the only relief available under IDEA. If the gravamen is something other than a FAPE denial, exhaustion is not required.  The Court developed a three-part test to assist in making this determination. The podcast reviews this test and provided analysis and examples to understand how it would apply in various scenarios. Finally, the podcast includes a discussion about how schools and parents can effectively work together to ensure access to facilities for students with disabilities.

This episode of the LEGAL ONE Podcast includes a review of the test for determining whether a school district has offered a student with disabilities a free, appropriate public education, or FAPE, in light of the landmark U.S. Supreme Court decision, Endrew F. v. Douglas County School District 137 S. Ct. 988. In this case, Endrew’s parents sought reimbursement for private school tuition payments based on their unilateral placement of the student.  The Supreme Court ultimately held that to meet its substantive obligation under the IDEA, a school must offer an IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances. The court went on to state that School authorities are expected to offer a cogent and responsive explanation for their decisions that shows the IEP is “appropriately ambitious” and reasonably calculated to enable the child to make sufficient progress. Finally, the podcast includes a discussion about how schools and parents can effectively work together to ensure a free appropriate public education is provided.

This episode of the LEGAL ONE Podcast reviews the legal parameters for addressing allegations that students were victims of bullying and/or discrimination in light of the landmark New Jersey Supreme Court decision in L.W. v. Toms River. This includes a review of the legal duty of care owed by school officials to identify, investigate, respond to and prevent bullying incidents. The episode addresses the importance of taking a comprehensive approach to student safety that emphasizes information sharing, ongoing supports and the importance of promoting a positive school climate. The podcast includes an overview of key elements of the New Jersey Law Against Discrimination and New Jersey's Anti-Bullying Bill of Rights, including a review of the due process rights available to students and parents. Finally, the episode includes a discussion of the importance of schools and parents working together to ensure that all parties understand their rights when allegations of bullying arise.

This special bonus episode reviews the latest guidance from the New Jersey Department of Health for schools and the implications it will have for how schools operate moving forward. The episode reviews new standards related to physical distancing, other key health and safety protocols and the potential health and legal challenges that are likely to arise as school districts move towards a planned full reopening of schools in the Fall.

This episode of the LEGAL ONE Podcast will review the legal analysis of discrimination claims in light of the landmark United States Supreme Court decision in McDonnell Douglas Corp. v. Green. This will include a review of the legal standard utilized in litigation to determine if, based upon the facts and supporting evidence presented, a prime facia level of potential discrimination exists, which would allow the case to proceed to a trial. Additionally, the legal requirements of filing a Retaliation Claim in addition to a Discrimination Claim will be addressed. Finally, this episode will include a discussion of the importance of schools and parents working together to ensure that all parties understand discrimination issues in schools.

This episode of the LEGAL ONE Podcast will review the legal parameters of staff First Amendment rights in light of the landmark United States Supreme Court decision in Pickering v. Board of Education. This will include a review of the legal standard and speech limitations applicable to School District staff regarding students, School District issues, and classroom commentary. Additionally, the application of the Pickering standard to staff social media posts will be addressed. Finally, the episode will include a discussion of the importance of schools and parents working together to ensure that all parties understand staff First Amendment Rights.

This episode of the LEGAL ONE Podcast will review the legal parameters of student First Amendment rights in light of the landmark United States Supreme Court decision in Tinker v. Des Moines. This will include a review of the legal standard that must be met by school officials in order to limit student speech that occurs on school grounds, away from school grounds, and virtually. The episode will also include discussion of a case currently before the U.S. Supreme Court that addresses the parameters of student expression on social media during non-school hours. Finally, the episode will include a discussion of the importance of schools and parents working together to ensure that all parties understand student First Amendment Rights.

This episode of the LEGAL ONE Podcast will review the legal parameters of student searches in light of the landmark United States Supreme Court decision in T.L.O. This will include a review of the legal standard that must be met by school officials to justify a search, a review of the factors related to determining the scope of the search, the due process rights of students and parents and considerations related to searching student belongings, lockers and cars, the different standard applied to searches by law enforcement, and a discussion of how the law on student searches is evolving in the age of social media. Finally, the episode will include a discussion of the importance of schools and parents working together to ensure that all parties understand their rights and obligations related to student searches.

This episode of the LEGAL ONE Podcast will review the legal obligation of school officials to properly supervise students during school dismissal and at other critical times of the school day in light of the landmark New Jersey Supreme Court decision in Jerkins v Anderson. This will include a review of the legal requirements related to each district's student dismissal policy, the obligation to inform parents of their rights related to student dismissal, and the duty to honor reasonable parent requests related to dismissal. Finally, the episode will include a discussion of the importance of schools and parents having in place effective systems to effectively communicate if challenging issues arise from either the parent's or school's side.

This episode of the LEGAL ONE Podcast will review the legal obligation of school officials to protect children from foreseeable dangers in light of the landmark New Jersey Supreme Court decision in Frugis v. Bracigliano. This will include a review of reporting requirements related to suspected child abuse and neglect, and the application of the foreseeability analysis to other potential harms, including those related to our global pandemic and other recent events. Finally, the episode will include a discussion of the importance of schools and parents working together to ensure that all parties have the information they need to protect our children.

Presenters - David Nash, Esq., LEGAL ONE Director, Rebecca Gold, LEGAL ONE Consultant, and Cathy Lindenbaum, NJPTA President.

The inaugural episode of the LEGAL ONE Podcast will provide a brief overview of the Podcast, then review student and parent due process rights prior to discipline being imposed in light of the landmark U.S. Supreme Court decision in Goss v. Lopez. Listeners will also learn about recent developments impacting due process rights, and how to address discipline issues that might arise while students are learning remotely. Finally, the episode will include a discussion about the importance of schools and parents working together on setting clear expectations for student behavior and getting to the root causes when misbehavior occurs.