Representing New Jersey Educational Institutions Since 1968
Capehart Scatchard’s Education/School Law Group has represented New Jersey public and private educational institutions since 1968. We have continued to maintain our strong presence in the school law area for over 55 years in the capacity of solicitor/general counsel, employment, labor and negotiations counsel, special education counsel, litigation defense counsel, and for special counsel matters.
Solicitor/General Counsel
Capehart Scatchard’s Education/School Law attorneys provide day-to-day legal advice on all areas of education law including but not limited to: public employment relations, personnel matters, special education, Section 504, student discipline, student records, Family Educational Rights and Privacy Act, Anti-Bullying Bill of Rights Act, student residency, School Ethics Act, public bidding, civil rights, tenure, negotiations, Open Public Records Act (OPRA), and Open Public Meetings Act (OPMA). Our attorneys routinely conduct trainings and professional development in these areas. In addition, our attorneys regularly attend board meetings for educational institutions. Additionally, when the need arises, our Education/School Law Group teams up with attorneys in our firm’s Real Estate, Litigation, Business & Tax, and Workers’ Compensation Groups.
Employment, Labor, and Negotiations Counsel
As employment, labor, and negotiations counsel to numerous educational institutions, Capehart Scatchard’s Education/School Law attorneys have developed the depth of experience to advise and defend clients on personnel issues relating to:
- New Jersey Law Against Discrimination (NJLAD)
- Conscientious Employee Protection Act (CEPA)
- New Jersey Family Leave Act (NJFLA)
- Family and Medical Leave Act (FMLA)
- Americans with Disabilities Act (ADA)
- Wage and hour
- Investigation of workplace complaints
- Employee handbooks
- Employee discipline
- Employee misconduct
- Grievance/arbitration hearings
- Interpretation of collective bargaining agreements
- Labor contract preparation and review
- Leaves of absence
- Non-renewal
- Policy review and drafting
- Public employee disciplinary hearings
- Requests for accommodations
- Rice notices
- Tenure
- Termination of employment
- Union negotiations
- Harassment
- Hostile work environment
Our attorneys routinely serve as chief negotiators on behalf of employers to negotiate collective bargaining agreements. In addition, our attorneys handle grievances, arbitrations, and other disputes before governmental agencies, including the Public Employment Relations Commission (PERC), the Civil Service Commission (CSC) and the New Jersey Division on Civil Rights.
Our attorneys are also skilled in defending educational institutions in claims brought by employees in State and Federal courts, the Office of Administrative Law, U.S. Equal Employment Opportunity Commission, and the New Jersey Division on Civil Rights.
Special Education Counsel
In the complex area of special education, our attorneys work closely with administrators, child study teams, counselors, teachers, and other staff members to advise them on all facets of special education, including:
- Individualized education programs (“IEPs”)
- Eligibility for special education
- Section 504 of the Rehabilitation Act
- Individuals with Disabilities Education Act
- Requests for independent evaluations
- Requests for out of district placements
- Requests for home instruction
- Student records requests
- Least restrictive environment
- Unilateral placements
- Free appropriate public education
- Manifestation determinations
- Discipline
- Short-term and long-term suspensions
- Stay-put
Our attorneys are experienced special education litigators and defend educational institutions in requests for mediation, due process petitions, and applications for emergent relief. We focus on successful outcomes by doing three things: (1) educating our clients about special education requirements and avoiding mistakes; (2) identifying which cases can or should be settled; and (3) preparing to go to due process when necessary. These steps put our clients in a strong position to achieve their objectives and minimize costs.
Litigation Defense Counsel
Our attorney are experienced in defending educational institutions in litigation matters brought in various forums, including but not limited to
- State and Federal courts
- New Jersey Office of Administrative Law
- U.S. Equal Employment Opportunity Commission
- New Jersey Division of Civil Rights
- New Jersey Civil Service Commission
- U.S. Office for Civil Rights
- New Jersey Public Employment Relations Commission
Special Counsel
Capehart Scatchard’s Education/School Law Group attorneys have often been retained by educational institutions for legal representation for special projects and issues, including but not limited to investigation of workplace complaints, student hearings, and employee hearings.
How We Can Help
Legal Services
- Americans with Disabilities Act
- E-mail Communications
- Employment Manuals
- Family Medical Leave Act
- Harassment, Intimidation and Bullying
- Labor Negotiations
- New A-5 Statute and Regulations
- Open Public Meetings Act (“OPMA”)
- Open Public Records Act (“OPRA”)
- Parliamentary Procedures
- Pupil Records
- Rice Notices
- School Construction
- Search and Seizure
- Section 504
- Sexual Harassment
- Sick Leave Banks
- Special Education (“IDEA”)
- Student Assaults on Teachers
- Student Discipline
- Student Publications
- Student Residency
- Tenure Acquisition and Dismissal
- Wrongful Discharge
Schedule An Appointment
Contact Us
Delivering Results
Practice Highlights
We take an active role in local and state programs sponsored by various professional educational associations, including the New Jersey Association of School Business Officials, the New Jersey School Boards Association, and the New Jersey Charter School Association. Our commitment to continuing legal education in the Education/School Law area also includes speaking engagements in a variety of settings. On numerous occasions, we have been asked to give in-service educational programs to educational institutions and other education practices.
Regarding general school law matters, our library contains decisions reported in the New Jersey School Law Decisions, the New Jersey Administrative Reporter, and the Individuals with Disabilities Education Law Reporter. As members of the National School Boards Association, we receive and read a host of national publications dealing with issues common to school boards across the country.
With respect to school labor matters, our library contains all decisions by PERC, as well as national arbitration reporters and other publications dealing with school board issues. Additionally, the firm subscribes to reports containing state and federal statutory, regulatory and common law, including statutes, regulations and decisions relating to education matters. Firm attorneys have access to a variety of computer research databases including LEXIS, WESTLAW, and the services of a full-time information specialist.
