Shows
The LEGAL ONE PodcastEnsuring Legally Sound HR ProtocolsThis episode was provided in Partnership with Arthur J. Gallagher Risk Management.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...2024-10-2845 minThe LEGAL ONE PodcastStaff Evaluation and Accountability… Beyond Staff ObservationsThis episode was provided in Partnership with Arthur J. Gallagher Risk Management.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 pr...2024-10-2145 minThe LEGAL ONE PodcastHow Schools Can Be Family-Friendly to Staff and Still Operate EfficientlyThis episode was provided in Partnership with Arthur J. Gallagher Risk Management.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...2024-10-1447 minThe LEGAL ONE PodcastEffectively Addressing Sexual Harassment Claims in SchoolsThis episode was provided in Partnership with Arthur J. Gallagher Risk Management.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 Ou...2024-10-0740 minThe LEGAL ONE PodcastDon’t Cross that Line! Creating a Clear Staff Code of ConductThis episode was provided in Partnership with Arthur J. Gallagher.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...2024-09-3045 minThe LEGAL ONE PodcastThe New Title IXThis episode was provided in Partnership with Alliant Insurance Services.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...2024-09-0937 minThe LEGAL ONE PodcastNew Rules for Student Athlete ClearanceThis episode was provided in Partnership with Alliant Insurance Services.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...2024-09-0242 minThe LEGAL ONE PodcastAddressing Student Athlete Mental HealthThis episode was provided in Partnership with Alliant Insurance Services.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...2024-08-1942 minThe LEGAL ONE PodcastAddressing Microaggressions and Implicit BiasHost - David Nash, Esq., Director of Legal Education and National Outreach, FEAGuest - George Guy, Principal, Cherry Hill Public SchoolsDiscrimination 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...2023-10-0937 minThe LEGAL ONE PodcastCommitment to Diversity, Equity, and Inclusion in Staff Recruitment, Hiring and PromotionsHost - David Nash, Esq., Director of Legal Education and National Outreach, FEAGuest - Rebecca Gold, LEGAL ONE ConsultantWith 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 thi...2023-10-0233 minThe LEGAL ONE PodcastResponding to Escalating Mental Health Needs in SchoolsHost - David Nash, Esq., Director of Legal Education and National Outreach, FEAGuest - Maureen A. Brogan, LPC, ACS, DAAETS, DRCC, Program Manager, Traumatic Loss Coalitions for Youth (TLC), Rutgers University Behavioral Health CareRecent 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 t...2023-09-2537 min
De Facto LeadersProfessional learning communities and curriculum reform in public and private education (with Tom Conroy)Many of my listeners don’t know this, but I went to a private Catholic school until 8th grade before transitioning to a public high school. I had what I like to call “Catholic school RtI”, where I got extra reading help with Sister Marie (and it paid off!).I’ve focused a lot of my content on issues impacting the public schools, so when I connected with Tom Conroy, a Catholic school principal, I thought he’d bring an interesting perspective to the show; especially because I know that many of my listeners may be work...2023-09-201h 08The LEGAL ONE PodcastUnderstanding Legal Liability for Schools Under the New Jersey Law Against DiscriminationHost - David Nash, Esq., Director of Legal Education and National Outreach, FEAGuest - John Worthington, Esq., Coordinator of Special Education Law, FEANew 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 t...2023-09-1832 minThe LEGAL ONE PodcastSupporting LGBTQ+ Students and Staff in Turbulent TimesHost - David Nash, Esq., Director of Legal Education and National Outreach, FEAGuests - Christian Fuscarino, Executive Director, Garden State Equality and Kate Okeson, Co-Founder, Monmouth Consortium for LGBTQ+ Youth and NJ High School Art TeacherThe 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 th...2023-09-1149 minThe LEGAL ONE PodcastEmployee Leave Under State and Federal LawPresenter: Michael Kaelber, Esq., LEGAL ONE Coordinator of Online Course DevelopmentThis 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. 2023-03-1336 minThe LEGAL ONE PodcastGifted and Talented Education - Understanding the Legal RequirementsPresenter: Michael Kaelber, Esq., LEGAL ONE Coordinator of Online Course DevelopmentThis 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. 2023-03-0634 minThe LEGAL ONE PodcastAddressing Student Residency IssuesPresenters: Sandra Jacques, Esq., LEGAL ONE Supervisor of Legal Research and ContentThis 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.2023-02-2727 minThe LEGAL ONE PodcastAddressing the Needs of Homeless Students Under McKinney-VentoPresenters: Sandra Jacques, Esq., LEGAL ONE Supervisor of Legal Research and Content Development; Diahann DeRuggierio MSW, M.Ed., Bergen County Special Services, Regional Coordinator, McKinney-Vento Education of Homeless and Youth ProgramThis 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.2023-02-2121 minThe LEGAL ONE PodcastAddressing Bullying for Students with DisabilitiesPresenters: John Worthington, Esq., LEGAL ONE Education Law Specialist; Geta Vogel, LEGAL ONE Coordinator of Mental Health and WellnessThis 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. 2023-02-1321 minThe LEGAL ONE PodcastSpecial Education Teacher Certificate Changes and their Impact on the ClassroomPresenters: John Worthington, Esq., LEGAL ONE Education Law Specialist; Geta Vogel, LEGAL ONE Coordinator of Mental Health and WellnessThis 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.2023-02-0621 minThe LEGAL ONE PodcastViolent Extremism in Schools: Identification, Prevention, and ResponsePresenters: David Nash, Esq., Director of LEGAL ONE and National Outreach, FEA; Jeff Gale, Director, Office of School Preparedness and Emergency Planning, NJDOEThis 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. 2023-01-3035 minThe LEGAL ONE PodcastMarijuana Legalization and the Impact on Public SchoolsPresenters: David Nash, Esq., Director of LEGAL ONE and National Outreach, FEA; Diane Litterer, Executive Director, New Jersey Prevention Network; Andrea Zapcic, Prevention Director, New Jersey Prevention NetworkThis 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 ONE2023-01-2331 minThe LEGAL ONE PodcastSchool Newspapers and Student Free Speech IssuesPresenter - Sandra Jacques, Esq., LLM, LEGAL ONE Supervisor of Legal Research and Content DevelopmentIn 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.2022-11-2820 minThe LEGAL ONE PodcastPreparing the Comprehensive Equity Plan for the June 2022-23 DeadlinePresenters - Michael Kaelber, Esq., LEGAL ONE Coordinator of Online Course Development; Sandra Jacques, Esq., LLM, LEGAL ONE Supervisor of Legal Research and Content DevelopmentThe 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.2022-11-2143 minThe LEGAL ONE PodcastAssessing and Addressing Threat Dangerousness for Students with DisabilitiesPresenters - John Worthington, Esq., LEGAL ONE Education Law Specialist; Geta Vogel, LEGAL ONE Mental Health and Wellness CoordinatorThis 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.2022-11-1420 minThe LEGAL ONE PodcastEvolving Rules on Religious Expression in the SchoolsPresenter - David Nash, Esq., Director of LEGAL ONE and National Outreach, FEAThis 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.2022-11-0725 minThe LEGAL ONE PodcastAddressing Gender Identity in SchoolPresenters - David Nash, Esq. Director of LEGAL ONE and National Outreach, FEA; Robyn Gigl, Esq., Partner, Gluck Walrath LLPThis 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.2022-10-3131 minThe LEGAL ONE PodcastAddressing Excessive Staff Absenteeism Issues in SchoolsPresenter - Sandra Jacques, Esq., LLM, LEGAL ONE Supervisor of Legal Research and Content DevelopmentThis 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.2022-10-2420 minThe LEGAL ONE PodcastUnderstanding Changes in New Jersey’s Anti-Bullying Law for 2022-23Presenter - Michael Kaelber, Esq., LEGAL ONE Coordinator of Online Course DevelopmentThis 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. 2022-10-1720 minThe LEGAL ONE PodcastAddressing Special Education Compensatory Service ClaimsPresenters - John Worthington, Esq., LEGAL ONE Education Law Specialist; Geta Vogel, LEGAL ONE Mental Health and Wellness CoordinatorIn 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...2022-10-1021 minThe LEGAL ONE PodcastLessons Learned from a Career in School LawPresenters - David Nash, Esq. Director of LEGAL ONE and National Outreach, FEA; Ellen Bass, Esq., Of Counsel, Busch Law GroupIn 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.2022-10-0328 minThe LEGAL ONE PodcastUnderstanding Evolving Health Protocols for SchoolsClick here to view resources discussed in this episodePresenters: David Nash, Esq., LEGAL ONE Director and Wayne Yankus, MDIn 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.2022-09-0523 minThe LEGAL ONE PodcastResponding to School Shootings: How to Discuss School Shootings with ChildrenClick here to view resources discussed in this episodePresenters: 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 f...2022-06-1334 minThe LEGAL ONE PodcastResponding to School Shootings: Learning from Uvalde,Texas and Other Recent School ShootingClick here to view resources discussed in this episodePresenters: 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 l...2022-06-1345 minThe LEGAL ONE PodcastResponding to School Shootings: One District's Approach to Conducting Dual Risk and Threat AssessmentsClick here to view resources discussed in this episodePresenters: 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 on...2022-06-1331 minThe LEGAL ONE PodcastThe Legacy and Lasting National Impact of AbbottClick here to view resources discussed in this episodePresenters: 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 DemocracyIn 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 exper...2022-06-061h 18The LEGAL ONE PodcastEveryone's Role in the Quest for EquityClick here to view resources discussed in this episodePresenters: David Sciarra, Esq., Executive Director, Education Law Center; Rosie Grant; Executive Director, Paterson Education Fund; Kaleena Berryman, Executive Director, Abbott Leadership InstituteIn 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 ed...2022-05-301h 22The LEGAL ONE PodcastThe Fight to Overcome the Powerful Forces of SegregationClick here to view resources discussed in this episodePresenters: David Sciarra, Esq., Executive Director, Education Law Center; Elise Boddie, Esq., Founder and Director of The Inclusion Project, Rutgers Law SchoolIn 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 L...2022-05-231h 06The LEGAL ONE PodcastThe Meaning of T & E: Overcoming Systemic Racism and Lessons Learned from AbbottClick here to view resources discussed in this episodePresenters: David Sciarra, Esq., Executive Director, Education Law Center; Gary Stein, Esq., Former Justice, New Jersey Supreme Court, Special Counsel, Pashman, Stein, Walder, HaydenIn 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 urba...2022-05-161h 28The LEGAL ONE PodcastThe Meaning of T & E: Focus on School FacilitiesClick here to view resources discussed in this episodePresenters: David Sciarra, Esq., Executive Director, Education Law Center; Theresa Luhm, Esq., Managing Director, Education Law Center; Steve Morlino, CEFM, LEED AP, School Facilities Management ConsultantIn 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...2022-05-091h 21The LEGAL ONE PodcastThe Meaning of T & E: Focus on PreKClick here to view resources discussed in this episodePresenters: David Sciarra, Esq., Executive Director, Education Law Center; Ellen Frede, Senior Co-Director, National Institute for Early Education Research, Rutgers UniversityIn 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 thi...2022-05-021h 05The LEGAL ONE PodcastThe Meaning of T & E: Overcoming the Effects of PovertyClick here to view resources discussed in this episodePresenters: David Sciarra, Esq., Executive Director, Education Law Center; Silvia Abbatto, Superintendent, Union City Public SchoolsIn 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...2022-04-251h 16The LEGAL ONE PodcastAbbott IV: Embracing Substantive Education Standards and the Link to FundingClick here to view resources discussed in this episodePresenters: David Sciarra, Esq., Executive Director, Education Law Center; David Aderhold, Ed.D., Superintendent, West Windsor-Plainsboro Regional School District; Anthony Trongone, Superintendent, Millville Public SchoolsIn 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 Abb...2022-04-181h 40The LEGAL ONE PodcastAbbott II: A New DirectionClick here to view resources discussed in this episodePresenter: Larry Lustberg, Esq., Co-Director, Gibbons Fellowship in Public Interest & Constitutional Law, Gibbins Law FirmIn 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...2022-04-111h 16The LEGAL ONE PodcastThe Equity Divide Pre-Abbott and the Early Days of the Fight for EquityClick here to view resources discussed in this episodePresenters: David Sciarra, Esq., Executive Director, Education Law Center; Paul Tractenberg, Esq., Founder of the Education Law Center and Professor Emeritus, Rutgers Law SchoolIn 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...2022-04-041h 02The LEGAL ONE PodcastHow to Support Staff After a LossClick here to view resources discussed in this episodePresenters: 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 ad...2021-10-0426 minThe LEGAL ONE PodcastSimple Strategies to Support Your Social and Emotional Well-BeingClick here to view resources discussed in this episodePresenters: 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 EducationGiven 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 an...2021-09-2727 minThe LEGAL ONE PodcastAddressing Staff Mental Health - How to Know if You or a Colleague Needs SupportClick here to view resources discussed in this episodePresenters: 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 to...2021-09-2024 minThe LEGAL ONE PodcastAddressing Staff Mental Health - Understanding Everyone’s RoleClick here to view resources discussed in this episodePresenters: David Nash, Esq., LEGAL ONE Director; Susan Coyle, MA; Middlesex County Traumatic Loss Coalition Coordinator; Rebecca Gold, LEGAL ONE ConsultantWhen 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...2021-09-1322 minThe LEGAL ONE PodcastWhy Proactively Addressing Staff Mental Health is CriticalClick here to view resources discussed in this episodePresenters: 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 a...2021-09-0626 minThe LEGAL ONE PodcastStudent Free Speech Outside of School in Light of Recent CaselawClick here to view resources discussed in this episodePresenters: 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...2021-08-2321 minThe LEGAL ONE PodcastAddressing Staff Mental Health NeedsClick here to view resources discussed in this episodePresenters: 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...2021-08-1629 minThe LEGAL ONE PodcastAddressing Anti-Asian Discrimination Issues in SchoolsPresenters: David Nash, Esq., Director of Legal Education and Joanne Sung, Assistant Superintendent for Curriculum and Instruction, North Plainfield School District.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.2021-08-0929 minThe LEGAL ONE PodcastImplementing the Latest Public Health Protocols and SchoolsClick here to view resources discussed in this episodePresenters: 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...2021-08-0229 minThe LEGAL ONE PodcastResponding to Evolving Cybersecurity Issues in SchoolsClick here to view resources discussed in this episodePresenters: 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 DistrictAs 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...2021-07-2627 minThe LEGAL ONE PodcastEmbracing Equity, Diversity and Inclusion in Our SchoolsClick here to view resources discussed in this episodePresenters: 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...2021-07-1929 minThe LEGAL ONE PodcastPreparing for School Security Issues and Returning to Full In-Person Education in SeptemberClick here to view resources discussed in this episodePresenters: David Nash, Esq., Director of Legal Education and Jeff Gale, Director of the Office for School Preparedness and Emergency Planning, NJDOEEnsuring 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...2021-07-1230 minThe LEGAL ONE PodcastAddressing Student Substance Use Part 2: Implementing Best Practices and Working with ParentsClick here to view resources discussed in this episodePresenters: 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, NJPTAAs 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...2021-07-0529 minThe LEGAL ONE PodcastAddressing Student Substance Use Part 1: Understanding the Legal FrameworkClick here to view resources discussed in this episodePresenters: 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...2021-07-0520 minThe LEGAL ONE PodcastAddressing Compensatory Services and Ongoing Support for Students with DisabilitiesClick here to view resources discussed in this episodePresenters: 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...2021-06-2820 minThe LEGAL ONE PodcastIdentifying and Addressing Student Mental Health NeedsClick here to view resources discussed in this episodePresenters: 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...2021-06-2126 minThe LEGAL ONE PodcastAddressing Learning Loss Issues & State Requirements for GraduationClick here to view resources discussed in this episodePresenters: 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 NJPTAThis 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 consid...2021-06-1426 minThe LEGAL ONE PodcastAddressing Employee Vaccination, Access to Health Information and Other Emerging HR IssuesClick here to view resources discussed in this episodeWith 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...2021-06-0728 minThe LEGAL ONE PodcastAnalyzing Title IX Retaliation Claims and Jackson v. Birmingham Public SchoolsClick here to view resources discussed in this episodeThis 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...2021-05-1725 minThe LEGAL ONE PodcastAddressing the Rights of English Language Learners and Plyler v. DoeClick here to view resources discussed in this episodeThis 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 ri...2021-05-1027 minThe LEGAL ONE PodcastOvercoming Barriers to Student Access and Fry v. Napoleon Community SchoolsClick here to view resources discussed in this episodeThis 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 c...2021-05-0325 minThe LEGAL ONE PodcastEnsuring a Free and Appropriate Public Education for Students with Disabilities and Endrew F. v. Douglas CountyClick here to view resources discussed in this episodeThis 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 mus...2021-04-2629 minThe LEGAL ONE PodcastProtecting Students from Bullying/Discrimination and L.W. v. Toms RiverClick here to view resources discussed in this episodeThis 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 scho...2021-04-1928 minThe LEGAL ONE PodcastUnderstanding the Latest NJ Department of Health Guidelines for SchoolsClick here to view resources discussed in this episodeThis 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.2021-04-1622 minThe LEGAL ONE PodcastAnalyzing Discrimination Claims and McDonnell Douglas v. GreenClick here to view resources discussed in this episodeThis 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 addr...2021-04-1224 minThe LEGAL ONE PodcastStaff Free Speech Rights and Pickering v. Board of EducationClick here to view resources discussed in this episodeThis 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...2021-04-0520 minThe LEGAL ONE PodcastStudent Free Speech Rights - Tinker v. Des MoinesClick here to view resources discussed in this episodeThis 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 soci...2021-03-2920 minThe LEGAL ONE PodcastStudent Search and Seizure and T.L.O.Click here to view resources discussed in this episodeThis 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 enfor...2021-03-2229 minThe LEGAL ONE PodcastSupervising Students and Ensuring Safe Dismissal and Jerkins v. AndersonClick here to view resources discussed in this episodeThis 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 inclu...2021-03-1523 minThe LEGAL ONE PodcastThe Duty to Protect Students from Foreseeable Dangers and Frugis v. BraciglianoClick here to view resources discussed in this episodeThis 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...2021-03-0723 minThe LEGAL ONE PodcastStudent Due Process Rights and Goss v. LopezClick here to view resources discussed in this episodePresenters - 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. Finall...2021-02-2223 min