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Monday, December 26, 2011

K.L. VS. EVESHAM TOWNSHIP BOARD OF EDUCATION A-1771-10T3

 K.L. VS. EVESHAM TOWNSHIP BOARD OF EDUCATION           A-1771-10T3 
     The Open Public Records Act and the common law right of access to public records did not require disclosure at this time of notes kept by school personnel regarding incidents involving plaintiff's children because the notes were privileged under the attorney work product doctrine.  The recently-enacted Anti- Bullying Bill of Rights Act, L. 2010, c. 122, N.J.S.A. 18A:37- 13.1 to -32, did not apply to plaintiff's request or the school district's record-keeping obligations. 
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Plaintiff's OPRA lawsuit was the catalyst for disclosure of one document, and so, plaintiff was entitled to partial reimbursement of his attorney's fees.  The document was not disclosed only pursuant to the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. § 1232g, which does not have a fee-shifting provision.  12-12-11