SYLLABUS

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

Board of Education of the City of Sea Isle City, Cape May County v. William J. Kennedy (A-37-07)

Argued May 5, 2008 -- Decided July 21, 2008

LaVECCHIA, J., writing for a unanimous Court.

The Court considers whether a school board member was properly removed from office because his petitions to the school board on behalf of his son constituted an impermissible interest in a claim against the board.

Petitioner William J. Kennedy was elected to his first three-year term on the Sea Isle City Board of Education (Board) in 2001. His term ended when he resigned on June 29, 2003. Immediately thereafter, he and his wife filed a request with the New Jersey Department of Education for a hearing concerning the special education program for their son, M.K., who had been diagnosed with an autism spectrum disorder. The Kennedys’ petition for a due process hearing was filed against the Board, which was responsible for providing special education services to M.K. The petition asserted that M.K.’s individualized educational program (IEP) failed to satisfy his needs, in violation of the Individuals with Disabilities Education Act. The litigation ended when the parties entered into a settlement agreement in April 2004. Also in April 2004, Kennedy was again elected to the Board for a three-year term.