Page 4 THE VILLADOM TIMES I • August 8, 2012 FLOW Area Board opts to take case to NJ Supreme Court by Frank J. McMahon The Ramapo Indian Hills Regional High School Board of Education has decided to take its fight to have its original extracurricular activity regulation declared lawful to the New Jersey Supreme Court. That original regulation, which has been superseded by a revised regulation that was found lawful by the current acting commissioner of education, had been found unlawful in 2010 by an administrative law judge and the acting commissioner of education at the time. The board’s decision to file a Petition for Certification to the NJ Supreme Court was made after the board met in closed session last week and discussed the recent denial of its appeal of this matter to the Appellate Division of Superior Court. At the public meeting following the closed session, the board announced that it had authorized its attorney, Stephen Fogarty, to file the Petition for Certification to the NJ Supreme Court after being advised by Fogarty that he would proceed to file the petition and, if necessary, argue the matter pro bono. The petition requests a New Jersey Supreme Court review of the issues and a decision as to whether the court will hear the matter. Superintendent Lauren Schoen explained that the board remains in strong support of the regulation as originally written, and decided to seek an opinion from the NJ Supreme Court. She said the essence of the issue lies in the board’s contention that participation in extracurricular activities is a privilege and not a right. While an opinion is being sought from the court, Schoen said the revised regulation that was found lawful by Chris Cerf, acting commissioner of education, and which the board implemented in 2011-12, would continue to regulate extracurricular activities at both of the district’s high schools. That revised regulation provides that no consequence would be imposed on a student for conduct occurring off school grounds unless it was determined that it is reasonably necessary for the student’s physical or emotional safety, security, and well-being, or for reasons relating to the safety, security and well-being of other students, the staff or the school grounds, or that the conduct materially and substantially interferes with the operation of the school. The original regulation, which did not contain that provision, had been found to be unlawful in 2010 by an administrative law judge and Rochelle Hendricks, who was then acting commissioner of education, because it did not have that connection to the safety of the student, other students or staff, or the discipline necessary for the operation of the school. The original regulation would have permitted the district to discipline students for illegal conduct on or off the school campus, at any time, by restricting their participation in extracurricular activities. Hendricks rejected the board’s contention that suspending or disqualifying a student from participation in extracurricular activities was not a form of discipline because such participation is a privilege and not a right. Hendricks agreed that participation in extracurricular activities is a privilege, but characterized a school board’s decision to revoke a student’s ability to participate in these school-sponsored activities as a form of discipline that exceeded the board’s authority according to state law. Hendricks also concluded that that there was no link between the regulated conduct and the district’s material interest and, therefore, did not satisfy the requirement of state law which empowers a school board to revoke a student’s ability to participate in extracurricular activities only if the school board can show how the student’s conduct off school grounds materially and substantially interferes with the discipline necessary to operate the school. Gregory Meese, an attorney and resident of the school district, and his wife Terri, whose daughter was a student in the district at the time the regulation was adopted, have challenged the legality and constitutionality of the original regulation since it was first proposed in 2007. Upon hearing that the district planned to take the matter to the Supreme Court, Mr. Meese said, “It will be interesting to see if the Supreme Court decides to accept the appeal. On the one hand, it’s an important issue that touches and concerns many families, but on the other, the law is very clear and the Appellate Court ruling so cogent that there is little more for the court to add. In any event, we are prepared to respond to the appeal if necessary.” Police arrest final suspect (continued from page 3) The first male assailant, a 20-year-old Wyckoff man, was captured by Sergeant Jack McEwan, who was conducting surveillance of the man’s home on Crescent Avenue. When a car pulled in with only the driver visible from the outside, Sergeant McEwan found the assailant lying flat on the back seat. He was arrested and charged with robbery and assault. He was committed to Bergen County Jail in lieu of bail. The second man was arrested July 28, reportedly after a police officer from another town heard the man bragging about the beating he dealt to a 19-yearold Ridgewood man. The 25-year-old Waldwick resident was picked up by Detective Sergeant Joseph Soto and Sergeant Michael Ragucci. He was committed to Bergen County Jail. The Ridgewood victim had shown up bloody and in need of help at a neighborhood home on the night of the ambush. This was the second violent crime involving the use of a baseball bat in Wyckoff during the month of July. In the previous and unrelated incident, an 18-year-old man followed two teenagers who had called at his home to demand $40 he owed them, attacked their car with a baseball bat at the Boulder Run Shopping Center, and sent both of them to Valley Hospital for treatment. He was arrested, charged, and sent to Bergen Count Jail.