FLOW Area September 19, 2012 THE VILLADOM TIMES I • Page 5 Attorney petitions court on extracurricular policy by Frank J. McMahon The attorney for the Ramapo Indian Hills Board of Education has filed a petition to with the New Jersey Supreme Court asking the court to reconsider the recent Appellate Court ruling concerning the school board’s extracurricular activities regulation known as Regulation 6145. In July 2012, an Appellate Court panel of judges denied the school board’s appeal of a New Jersey Department of Education ruling. The NJDOE ruling found the regulation promulgated by the regional high school district, which would withhold extracurricular activities from a student for illegal conduct on or away from school grounds, was unlawful. The Appellate Court judges agreed with the NJDOE, and ruled that the regulation was overbroad and exceeded the authority conferred upon boards of education by state statutes and regulations. In his petition, School Board Attorney Stephen R. Fogarty argued that the Appellate Court erred in agreeing with the NJDOE because participation in extracurricular activities is a privilege and not a right, and the court’s ruling was an overly literal reading of the state regulation. He claimed the ruling conflicts with a 2003 court decision involving the Hunterdon Central Regional High School Board of Education, which upheld a random drug testing policy that imposed the same suspension from extracurricular activities. In addition, he said the Appellate Court’s ruling runs counter to legislative policies that favor a proactive approach by school districts to deter student misconduct away from school grounds. Fogarty claims there is a long-standing legal distinction in the state’s school law between the right to an education and the privilege of participating in extracurricular activities. He stated that this privilege is highly prized by students, and suspension from extracurricular activities serves as an effective deterrent to dangerous and irresponsible conduct away from school grounds. “Responsibility matters,” Fogarty states in his petition, pointing out that the Ramapo Indian Hills Board of Education put in place a policy that uses extracurricular activities as a means to challenge students to discover the meaning of “responsibility” and “matters.” Fogarty claims this case presents an issue of great public importance and the decision of the Appellate Court should not be the final word on the matter. He states that the issues in the case have a ripple effect in the state where 109 school districts have policies similar to the one proposed by Ramapo Indian Hills, and many of those policies have been put on hold pending the outcome of this case. Fogarty argues that the Appellate Court’s application of the state’s administrative code to the suspension of extracurricular activities was not only legally incorrect, but was “bereft of any grasp” of the weight this case will carry in terms of health and safety issues and the ability of school boards to exercise control over the activities they sponsor. He further argues that this case will become the seminal decision concerning the applicability of state law to the privilege of participating in extracurricular activities. As a result, he states that the review and guidance of the Supreme Court would not only be beneficial, but is also needed on this issue of substantial public importance. Gregory and Terri Meese, the parents of a former district student, have been challenging the regulation since it was introduced in 2007. Mr. Meese, who is an attorney, filed a response to the school board’s petition. In that response, he argued that the Supreme Court should not consider the case because the law in the matter is settled and the school board’s effort to expand its authority over the off-campus conduct of students has no statutory basis. He also argued that the Supreme Court should deny the petition to hear the case based on constitutional limitations upon a school board’s authority, which requires that Regulation 6145 be struck down. According to Meese, a school’s authority is derived from state law and, with regard to a school’s authority to discipline a child, the New Jersey Legislature has “sharply and clearly limited such authority.” He also points out that a school board’s authority over a child’s off-campus conduct is “further circumscribed” in that it may only act where such conduct has a material and substantial impact on the school, and may only suspend a student from extracurricular activities when it is necessary to maintain the order and integrity of the school environment. Meese claims the school board’s regulation gave the board authority to punish students who are charged with the violation of any law, or municipal ordinance, no matter when or where that conduct was alleged to have occurred, even out of town or on a family vacation, and regardless of whether the conduct had any impact on the school. According to Meese, the school board misinterpreted the regulations of the NJDOE and sought to expand its authority beyond the school environment, thereby intruding into the private lives of families. “Public schools have never enjoyed such unfettered authority as sought by the school board here and the (continued on page 30) The athletic department at Ramapo High School is seeking community sponsors for its sports poster program. Funds raised by the sale of the posters will benefit athletics at the high school. All American Sports Posters has been contracted to produce the posters. For more information about becoming a sponsor, contact Ramapo High School Athletic Director Ron Anello at (201) 891-1500 or All American Sports Posters at (800) 556-1380. Sports poster sponsors sought