Episodes

Click here to view resources discussed in this episode 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 Cl...

Click here to view resources discussed in this episode 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 devel...

Click here to view resources discussed in this episode 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 pla...

Click here to view resources discussed in this episode 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 stu...

Click here to view resources discussed in this episode 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 ap...

Click here to view resources discussed in this episode 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.

Click here to view resources discussed in this episode 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. A...

Click here to view resources discussed in this episode 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 s...

Click here to view resources discussed in this episode 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 b...

Click here to view resources discussed in this episode 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 belongin...

Click here to view resources discussed in this episode 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 stude...

Click here to view resources discussed in this episode 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 a...

Click here to view resources discussed in this episode 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 proc...