Opinion
C–719 September Term 2017 080333
04-17-2018
L.R., Individually and on Behalf of J.R., a Minor, Plaintiffs–Petitioners, v. CAMDEN CITY PUBLIC SCHOOL DISTRICT and John C. Oberg in His Official Capacity as Interim School Business Administrator and Board Secretary, Defendants–Respondents. L.R., Individually and on Behalf of J.R., a Minor, Plaintiffs–Petitioners, v. Parsippany–Troy Hills Township Public School District and David F. Corso in His Official Capacity as Records Custodian of the Parsippany–Troy Hills Township Public School District, Defendants–Respondents. The Innisfree Foundation, Plaintiff, v. Hillsborough Township Board of Education and Aiman Mahmoud, Records Custodian, Defendants. The Innisfree Foundation, Plaintiff, v. Cherry Hill Board of Education and James Devereaux, Records Custodian, Defendants.
To the Appellate Division, Superior Court:
A petition for certification of the judgment in A-3972/4214-14 and A-2387/3066-15 having been submitted to this Court, and the Court having considered the same;
It is ORDERED that the petition for certification is granted, limited to the following issues:
1) Whether the Appellate Division improperly broadened the definition of "student record" embodied in N.J.A.C. 6A:32-2.1 to extend beyond "information related to an individual student" to the entire document in which that information resides; and
2) Whether the Appellate Division improperly ordered that the balancing of the privacy interests against the interest in disclosure be conducted under the common law right to access rather than the factors set forth in Doe v. Poritz, 142 N.J. 1 (1995).
And it is further ORDERED that the New Jersey Department of Education is requested to participate in the appeal as amicus curiae by filing a brief and appearing for oral argument. The Department's amicus brief is to be served and filed on or before June 18, 2018, and the parties may serve and file briefs in response on or before July 23, 2018.