April 4, 2012 THE VILLADOM TIMES I • Page 13 FLOW policy (continued from page 5) competitive event. A second violation would result in a 90 day prohibition and a third violation would result in a 180day prohibition. Presiding Judge Jose L. Fuentes and Judges Ellen L. Koblitz and Michael J. Haas heard oral arguments from Stephen R. Fogarty, the attorney for the RIHBOE and Gregory Meese, Esq. and his wife Terri Meese, parents of a student in the school district who challenged the regulation. All of the attorneys submitted briefs and participated in oral argument. Attorney Beth Lynn Finkelstein also presented an argument for the New Jersey Association of School Administrators in support of the RIHBOE and Attorney Joseph Betley argued on behalf of the RIHBOE for the Haddonfield School District, which has a similar case in federal court. Donna Kaye, an attorney representing the New Jersey School Boards Association, argued on behalf of the RIHBOE. Attorney Edward Sholinsky represented the American Civil Liberties Union and presented constitutional arguments on behalf of the Meeses. Fogarty argued that the acting commissioner’s application of state law to a local school district’s ability to condition a student’s participation in extracurricular activities on compliance with reasonable behavioral expectations conflicts with established precedent of the state’s Supreme Court and destroys the distinction that participation in extracurricular activities is a privilege. He also argued that, by restricting the board’s ability to temporarily suspend student participation in extracurricular activities, the acting commissioner violated strong legislative policies favoring a proactive approach on the part of local school districts in addressing student misconduct occurring away from school grounds. He said the acting commissioner erred in finding that the regulation could be violated merely by a student being charged with a violation of the state code of criminal justice or a municipal code or ordinance, because there is no competent credible evidence in the record to support that finding. Fogarty asked the court to reverse the acting commissioner’s decision because the school board’s regulation complies with the applicable code provision, and because it is designed to maintain the order and integrity of the school environment. Meese argued that the final decision of the commissioner of education that the regulation is unlawful is entitled to a presumption of reasonableness and that the acting commissioner was correct in holding that the regulation is beyond the power of the school board and illegal. He also argued that the limitations on a school board’s authority are constitutionally mandated and the regulation violates his parental rights. In addition, Meese argued that the regulation violates his child’s constitutional right to a presumption of innocence and right against self-incrimination and that the regulation violates his child’s right to a thorough and efficient education because extracurricular activities are a right and not a privilege and that the school board’s argument that the provisions of state law do not apply is without merit. Meese claimed that the participation in extracurricular activities is an important element to a thorough education and a significant factor considered by colleges when making admission decisions. He argued that the right to the opportunity to participate in extracurricular activities is protected from arbitrary decisions of school boards and that actions taken by the district to deny a child the opportunity to participate in their chosen activity because of an alleged off-campus action that may not have occurred, and does not impact the school environment, is unlawful. (continued on page 16) Thompson (continued from page 9) Church of the Nativity. Thompson said her experience with Girl Scouts taught her to finish what she starts. She noted that her Gold Award project helped her identify safety topics, develop lesson plans, teach the children, and organize her assistants. As a Girl Scout, Thompson volunteered at a Paterson shelter, where she served dinner to residents. She is a senior at Midland Park High School, where she serves as treasurer of the school’s Biology/Recycling Club and is involved with the Spanish Club and the Outdoors Club. She plays basketball and volleyball and bowls. For the last four years, she has been a volunteer for various religious education programs at the Church of the Nativity. She has also volunteered for the Midland Park Summer Camp, which she has served as a counselor in training and later as a senior counselor. The honoree thanked her parents, George Jr. and Kathleen Thompson; Girl Scout Leaders Sandra Abballe, Patricia Allen, and Vivian Mattessich; Project Advisor DeLuca; Chief Casson, who helped instruct the children; Girl Scouts Kaitlyn Ganguzza, April Gormley, Allison Gormley, Jenna Abballe, Sophie Boland, Bailey Kasbarian, Carlyn Criscenzo; AAA of Wayne, which provided safety materials; Midland Park Library; and Father Peter Funesti. Christina Thompson working with the children.