BOE denied appeal in case regarding 24/7 policy
The Appellate Division denied the Haddonfield Board of Education’s appeal in a First Amendment case filed against the district in relation to its 24/7 policy, which was revoked in February.
Earlier this month, the court rejected the appeal since the proper paperwork was not filed. According to the school district’s attorney Joe Betley, there was a disparity in the interpretation of court rules.
“We believe we did not have to file the transcript because we were appealing the decision of the DOE commissioner,” he said, adding another appeal will be filed.
According to Betley, the case was originally transferred to an administrative law judge who agreed with a decision in Ramapo in Bergen County, where the commissioner felt its similar policy “needed to prove it actually created a material and substantial impact on the ability to operate the schools.”
The judge made a recommendation to the DOE commissioner regarding Haddonfield’s case. The commissioner is able to approve, deny or alter the judge’srecommendation.
He said the commissioner agreed with the judge’s recommendation. The board of education had to submit an appeal through the state Appellate Division. The Ramapo decision deals with a different issue compared to the constitutional rights case that arose in Haddonfield.
The Ramapo policy dealt with a broader spectrum, Betley said.
“Our policy from the get-go was only addressing drug and alcohol use,” he said.
Enacted in 2006 and undergoing revision in 2007, Haddonfield’s 24/7 policy invoked in-school punishment for out-of-school drug or alcohol misconduct. Some parents felt the policy violated students’ First Amendment rights.
In December 2010, a family filed a lawsuit against the Haddonfield school district after a juvenile faced charges for underage drinking and was removed from extracurricular activities.
The family filed a second lawsuit in February 2010, after the Camden County Superior Court judge ruled it was improper to declare a ruling in the courtroom and the DOE commissioner would be the proper authority to make a judgment.
Plaintiff’s attorney Matt Wolf told The Sun this past February that there are two cases still pending in federal court.
Although the Haddonfield school district revoked the policy on its own in February, the battle continues in court.
“The allegations there are that the 24/7 policy violated the constitutional rights of the particular family as well as others,” Betley told The Sun in February.
According to superintendent Rich Perry, the school district still stands behind the standards of the policy.
“We felt that it did its job during that time period to enhance the culture of our high school,” Perry said.
According to the Centers for Disease Control and Prevention, alcohol is responsible for more than 4,700 deaths among underage youths per year in the U.S. As of 2011, 22 percent of youths binge drank, 8 percent drove after drinking and 24 percent were passengers of someone under the influence.
Perry said the school board still supports the policy, but in light of the court’s decision to deem the policy inadequate, the district had to revoke it.
“It’s a viable policy, however…given the legality and landscape of the state in regard to the Ramapo decision, the district had to retract that policy,” Perry said.
The school board plans to reinstate the policy if it wins the appeal, Betley said.
