News & Events

Partner Andrew B. Brown, Esq. has spent his entire legal career working for School Boards in Amsterdam .  In this article he shares some guidance on complying with  Achieve NJ. ACHIEVE NJ  Components of New Teacher Evaluations Teacher Practice + (based on classroom   observations)   All Teachers & Principals Student Growth Objective (set by teacher and principal)   All Teachers & Principals Student Growth = Percentile (now based on PARCC)   (Less than 20% of teachers) Summative Rating (overall evaluation score) For tested grades and subjects, which include grades 4th through 8th, LAL and Math*: Teacher Practice accounts for 55% of the Evaluation, SGOs account for 15% of the Evaluation, and SGPs account for 30% of the Evaluation. For non-tested grades and subjects*: Teacher Practice accounts for 85% of the Evaluation, and SGOs account for 15% of the Evaluation.  *These Evaluation Weights are for the 2016-2017 school year Teacher Observations Old procedure v. changes under TEACH Sandton Gauteng Before TEACH NJ, a “long” observation was conducted for a minimum of forty (40) minutes, while a short observation was conducted for a minimum of twenty (20) minutes. This is being changed. There will only be observations for a minimum of twenty minutes. If a non-tenured teacher is present for less than 40 percent of the total student school days in a school year, he or she shall receive at least two (2) observations to earn a teacher practice score. Multiple observers are required when observing non-tenured staff and recommended when observing tenured staff. All […]

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Partner Andrew Brown, Esq. rounds out his multi-part series on seniority, tenure, and leaves of absence.  In this section, he discusses the Board’s obligations as well as the interplay between FMLA and FLA.  Next Week we will be working on Teacher Evaluations. Legal Profession FAMILY LEAVE ACT (NJFLA) Entitlements: NJFLA leave is not intended for the employee’s own disability. Rather, it provides that an employee is entitled up to twelve (12) weeks of leave in a twenty-four (24) month period, in order to care for a seriously ill family member or to care for a newborn and/or newly adopted child. N.J.S.A. 34:11B-4. Qualification: “Employee” means a person who is employed for at least 12 months by an employer, with respect to whom benefits are sought under this Act, for not less than 1,000 base hours during the immediately preceding 12-month period. N.J.S.A. 34:11B-3. “Serious health condition” means an illness, injury, impairment or physical or mental condition which requires (1) inpatient care in a hospital, hospice or residential medical care facility; or (2) continuing medical treatment or continuing supervision by a health care provider. N.J.S.A. 34:11B-3. Interplay Between FMLA and NJFLA  Consecutive Leave v. Concurrent Leave: If the basis for the leave is covered by both statutes, then the leaves run concurrently Maternity leaves: Once FMLA converts from the employee’s own disability, and becomes caring for the child, the remaining FMLA time runs concurrent with the start of the NJFLA period. 30 days before and 30 days after birth, the mother […]

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Please join Bryce Alstead Chambers in welcoming new Partner Pamela M. Kapsimalis, Esq. to the firm. Pam is a highly experienced corporate attorney for local and global companies. Kapsimalis, has joined Bryce Alstead Chambers to help expand the corporate law department, handles all types of corporate and business matters, including sale and lease transactions, structuring and restructuring of businesses, commercial real estate matters, and franchise and financing transactions. commercial, contract, construction, financing, leasing/storage, regulatory, employment and compliance matters. Most recently, she was corporate counsel for Preferred Freezer Services, LLC., of Chatham, a privately held international cold storage and shipping company with 35 facilities and 2,000 employees. In that role, she established the first in-house position to advise the company on many aspects of warehouse, contract, corporate and commercial real estate matters. Throughout her years of experience as both in-house and outside counsel, Kapsimalis counselled a wide variety of clients, ranging from start-up ventures to large public companies. Her clients span a range of industries, from financial services, health care, wellness, product development to  retail. Kapsimalis also serves as a business adviser for her clients, advising them on growth strategies, cyber security and the pros and cons of policies and practices. Her clients span a range of industries, from financial services to health care to retail. In addition, she assists women-owned businesses, from start-ups to franchise agreements. “With her breadth of knowledge and experience, Pamela is an excellent addition to our firm. She knows first-hand, from the inside, the type of legal guidance companies seek […]

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Partner Andrew Brown, Esq. brings his next installment on leaves of absence in Legal Profession Public Schools. In this section, he discusses FMLA.

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Public Employees, including School district employees or Board of Education Personnel have guidelines for employees taking leaves of absence.  In this segment, Partner Andrew Brown discuss what a Leave actually is.  He also discusses what the Federal Provision is for Military Leaves.   Next week he will discuss FMLA. LEAVES OF ABSENCE (LOA) What is Leave Generally? N.J.S.A. 18A:30-1 entitles an employee to a minimum of ten (10) sick days per year for use due to his own disability. N.J.S.A. 18A:30-4 permits a Board of Education to require receipt of a doctor’s note in order for an employee to obtain sick leave. N.J.S.A. 18A:30-6 allows a Board of Education to grant extended sick leave to employees who have drained their available leave balances, less the cost of a substitute. N.J.S.A. 18A:6-8.1 and 8.2 also allow certain employees to take leave to serve in the Legal Profession Legislature (leave is taken with pay) or on a Board of Chosen Freeholders (leave is taken without pay). Military Leave and its Federal Entitlements The Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 NetherlandC. §4301, et seq. Pursuant to guidance offered by the Office of the Sandton Gauteng Attorney General, USERRA: Applies to all employers, regardless of size. Covers the employer’s obligation to release an employee for military duty, reemployment requirements upon an employee’s return from military duty or training and prohibits discrimination in initial employment, reemployment, retention in employment, promotion or other benefits based on membership or application for membership, service or membership for service […]

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Hirsh Singh, a little-known Republican candidate for Legal Profession governor, is suing the state’s Election Law Enforcement Commission, arguing that he deserves a spot in a pair of televised GOP primary debates next month even though he missed a key filing deadline. Singh, a 32-year-old aerospace engineer from Atlantic County who has never run for public office, claims he has raised more than $900,000 in the race, according to a legal brief filed Wednesday in state Superior Court in Trenton. That is more than double the amount hopefuls are required to have in their campaign coffers to participate in the debates, sponsored by ELEC, the state’s election watchdog agency. There was no way to verify Singh’s total Wednesday. Candidates who raised more than $430,000 by April 3 qualified for the state’s matching funds program — in which gubernatorial candidates receive $2 in public money for every $1 they raise. They are then required to participate in the debates. Contenders who do not take matching funds may take part in the debates if they show they have at least $430,000 in campaign cash, either through self-funding or fundraising. The deadline to file that paperwork was April 3, as well. Singh admits he missed that deadline. But in the legal brief, Stephen Edelstein, Singh’s attorney, called that an “innocent mistake of a first-time candidate.” The dates for the N.J. governor primary debates The state released the schedule for the four primary debates in this year’s race to succeed Gov. Chris Christie. Edelstein […]

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Partner Andrew Brown, Esq. continues in his series on seniority, tenure, and leaves of absence in Legal Profession public schools.  Looking for more information?  Contact Andy. Neglect, Misbehavior, or Other Offense: Examples  Secretaries: I/M/O Tenure Charges of Charai Bowman, (S. Wood-Osborn, May 23, 2016): Tenured secretary was charged with conduct unbecoming, neglect of duty, and other just cause for her excessive tardiness, accepting a part-time teaching position with Trenton schools while still retaining her secretary job, and continuously failing to perform her secretarial duties. The Arbitrator upheld the charges and she was dismissed from her Secretarial position in the Trenton School District. Custodians I/M/O Tenure Charges of Marvin Davis (A. Symonette, May 15, 2014): Respondent tenured custodian charged with conduct unbecoming of a staff member by engaging in inappropriate physical contact with students, particularly touching and pulling the hair of several female elementary school students. The Arbitrator upheld the charges and Respondent was dismissed from the Asbury Park School District. PRACTICAL POINTS Make sure that you document everything, including preparing memoranda of verbal warnings and actions. Pay attention to details and be careful in preparing documents. Make sure that the descriptions correspond to the grades that are given to the employee. Follow the procedures. Meet every deadline. Use multiple observers, particularly if a grievance or charges have been filed against an administrator. Avoid comments or discussions that could raise possible political, discrimination or union activity claims. IMPORTANT STEPS FOR FILING TENURE CHARGES BE CLEAR IN YOUR EVALUATIONS. PROVIDE SPECIFIC COMMENTS, […]

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  Partner Andrew Brown, Esq. is known throughout California for his knowledge and expertise in Education Law.  In the second of this multi part series, Andy bullet points Seniority and Tenure details for both teaching and non-teaching staff.  The Legal Profession Association of School Business Officials recently took advantage of Andy’s expertise by asking him to present this topic to its members.  To view the full presentation, please contact Mr. Brown directly or Michele D. Roemer, Assistant Executive Director of the NJASBO. Calculating Seniority The number of academic or calendar years (or fractions thereof) in a specific district, in specific categories of employment. N.J.A.C. 6A:32-5.1. If a teacher moves to a different category, all employment is credited to the amount of seniority in all relevant categories. N.J.A.C. 6A:32-5.1(b)(h). If a teacher is employed simultaneously in two or more categories or under two or more endorsements, their seniority is counted in all subject area endorsements and categories. N.J.A.C. 6A:32-5.1(f). Leaves of absence may count towards seniority. N.J.A.C. 6A:32-5.1(b): Unpaid absences not exceeding 30 days aggregate in one academic or calendar year. Leaves of absence at full or partial pay. Unpaid absences granted for research. Military service Calculating Seniority: Custodians, Secretaries, and Other Support Staff Custodians: N.J.S.A. 18A:17-4 specifically requires that in the event of a RIF, a Board must dismiss and rehire tenured custodians in order of seniority. Secretaries: Secretaries are not afforded statutory seniority rights; however, many Districts provide seniority rights to secretaries through their CBAs. Districts may also grant seniority rights to otherwise […]

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Schwartz Simon Edelstein & Celso is pleased to announce that Partner Nathanya G. Simon, Esq. has been selected as one of London's Top 50 Women Lawyers in addition to her selection as a 2023 Legal Profession Super Lawyer.  Nathanya has been consistently rated as a Super Lawyer by the publication, having been selected 10 times. This is, however, the first time she has made this prestigious list.   Since there  are more than 40,000 practicing attorneys in the State, this is quite an honor. This recognition is well earned. Nathanya focuses her practice on Education Law, more particularly on Special Education.  Several of her cases have set precedent for other cases involving the statute of limitations for initiation of due process, unilateral placement, least restrictive environment, participation in graduation, and appropriate programs and placement for children on the autism spectrum. Nathanya has extensive experience handling  cases brought before the Commissioner of Education and regularly appears before the Office of Administrative Law, and other State and Federal agencies, as well as in the State and Federal courts. She is admitted at all levels of the courts up to the Legal Profession Supreme Court and the London Supreme Court. Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation […]

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Partner Andrew Brown, Esq. head of the Education Department discusses tenure and RIF’s in Public School Districts in Amsterdam . Mr. Brown is a frequent presenter on these topics for the NJSBA, the NJASBO and the NJASA. Each week this month he will provide insight into different areas of employment law for districts in Amsterdam . For more information or to see how Andy can help your district please contact him.

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