In S.S. v. Woodcliff Lake Board of Education, Plaintiff appealed an order dismissing his complaint for failure to serve a claim notice upon defendant Woodcliff Lake Board of Education (“Board”) pursuant to a provision of the Tort Claims Act (“TCA”), N.J.S.A. 59:8-8. The Appellate Division on March 9, 2026 affirmed in part and remanded in part.
Plaintiff’s son was an elementary student who was disciplined pursuant to the Board’s Harassment, Intimidation, and Bullying (“HIB”) policy. Plaintiff requested a hearing before the Board to contest the principal’s findings. The Board upheld the principal’s findings, and the Plaintiff filed an appeal with the New Jersey Commissioner of Education (“Commissioner”). While the appeal was pending, the Plaintiff filed a three-count civil complaint in the Law Division of the Superior Court of New Jersey alleging (1) negligence, (2) defamation, and (3) intentional infliction of emotional distress. Plaintiff sought compensatory damages and an order directing the Board to invalidate and remove the HIB finding from his son’s educational record.
The Board filed a motion to dismiss based on Plaintiff’s failure to file a timely notice of claim under the TCA and sought to bar Plaintiff’s request for compensatory damages. The Board maintained the accrual date for Plaintiff’s causes of action was March 8, 2024, the date when the HIB investigation concluded, and Plaintiff was required to file a notice of claim by August 6, 2024.
Additionally, the Board argued Plaintiff failed to exhaust all administrative remedies because Plaintiff’s redress lied solely with the Commissioner of Education. See N.J.S.A. 18A:37-15(b)(6)(e). The Board asserted Plaintiff’s requests must first be fully adjudicated before the Office of Administrative Law and the Commissioner of Education.
The court determined Plaintiff was statutorily barred from pursuing monetary claims against the Board due to his failure to file a timely notice of claim under the TCA. The court agreed that May 8, 2024, was the accrual date, and the Plaintiff should have filed a claim notice by August 6, 2024. Additionally, the court concluded Plaintiff’s action was premature and he must first exhaust administrative remedies. Accordingly, the court granted the Board’s motion to dismiss with prejudice. Plaintiff sought reconsideration and requested the court clarify whether dismissal with prejudice precluded him from refiling after administrative exhaustion. He asked the court to amend the dismissal to be “without prejudice.” The court denied the request and Plaintiff appealed.
Plaintiff maintained he was only concerned with the “prejudicial designation attached to the exhaustion ruling.” He claimed the lower court’s order prematurely blocked opportunity for future litigation after the administrative exhaustion requirement is met.
The Appellate Division affirmed the court’s dismissal of Plaintiff’s tort claims against the Board for failure to comply with the TCA. However, regarding the written order dismissing Plaintiff’s complaint, the Appellate Division agreed that the court’s written order dismissing his complaint could be “erroneously interpreted to preclude [P]laintiff’s right to exhaust the administrative process before the Commissioner.” Id. at 13. As such, the Appellate Division remanded and instructed the court to amend its order to provide that dismissal for Plaintiff’s failure to exhaust administrative remedies is without prejudice so that Plaintiff may complete an administrative appeal.
This decision reinforces the procedural protections afforded under the TCA, even in matters arising from student discipline and HIB determinations. School districts should promptly assess potential claims and determine whether compliance with statutory notice deadlines are required by either party.
