Publications
Publications
“Public Comment Sessions: Free Speech or Free-for-All?” NJSBA School Leader Magazine, Spring 2023. Print. (David B. Rubin, author)
“Special Education: A Board Members Role” School Leader Magazine, Winter Issue 2023. Print. (David B. Rubin & Ellen S. Bass, authors)
AASA Magazine, Legal Brief, “When Athletic Coaching Becomes Abusive,” December 2022. (Ellen S. Bass, author)
School Leader Magazine, Legally Speaking, “Prayer at the 50 Yard Line: The Religious Rights of Public School Staff”, Fall 2022, (co-authored with David Rubin).
“Parental Tracking with GPS.” School Administrator Magazine published by American Association of School Administrators (AASA). February 2020. Online (David B. Rubin, author)
“Setting Rules for Teacher-Student Texting.” School Administrator Magazine by American Association of School Administrators (AASA). August 2019. Online (David B. Rubin, author)
“The Legalities of Classroom Apps.” School Administrator Magazine published by American Association of School Administrators (AASA). March 2019. Online. (David B. Rubin, author)
“The Legal Ethics of Internal Investigations in the #MeToo Era.” NSBA Council of School Attorneys (COSA). 2018. Online. (David B. Rubin, author)
“Legal Ethics: Advising a Politically Charged or “Split” Board.” NSBA Council of School Attorneys (COSA). 2017. Online. (David B. Rubin, co-author).
“Reflections on Tinker: A School Lawyer’s Lament.” NSBA Council of School Attorneys (COSA). 2017. Online. (David B. Rubin, author)
“Pointers and Pitfalls When Picking Counsel.” School Administrator Magazine published by American Association of School Administrators (AASA). May 2017. Print. (David B. Rubin, author)
“Standardized IEPs: One Size Fits None?” Journal of Law and Education. Spring 2017. Print. (David B. Rubin, author)
“How to Successfully Navigate Your Board Through the Referendum Process.” School Leader published by the New Jersey School Boards Association (NJSBA). January/February 2017. Print. (Jonathan M. Busch and Douglas Silvestro, co-authors)
“Data Privacy Law Update: Ten Things to Advise Your School Board Clients Before It’s Too Late.” NSBA Council of School Attorneys (COSA). 2016. Online. (David B. Rubin, author)
“Guide to Student Data Protection under SOPIPA.” Future Privacy Forum (FPF). 2016. Online. (David B. Rubin, author)
“Legal Ethics of Internal School District Investigations.” NSBA Council of School Attorneys (COSA). 2016. Online. (David B. Rubin, author)
“Evolving Rules for Drones at School.” School Administrator Magazine published by the American Association of School Administrators (AASA). December 2016. Print. (David B. Rubin, author)
“Five Tips for Executing a Successful Meeting.” Leadership Exchange: Solutions for Student Affairs Management published by the National Association of Student Personnel Administrators (NASPA). Fall 2016. Print. (Jonathan M. Busch, author)
“Monell Liability for Following State Law: Emerging Consensus and Unanswered Questions.” Inquiry & Analysis published by NSBA Council of School Attorneys (COSA). July 2015. Print. (David B. Rubin, author)
“Call Your Carrier, COSA Edition.” NSBA Council of School Attorneys (COSA). 2015. Online. (David B. Rubin, author)
“Legal and Financial Liability for Inadequate Supervision of Students Before School Day Begins.” Book Chapter in “Educational Leadership in Action” by Leila Sadeghi and Kathe Callahan. Spring 2015. Print. (Nicholas Celso III, author)
“Ethical Considerations When Starting A Practice.” New Jersey Lawyer Magazine published by New Jersey State Bar Association. February 2015. Print. (David B. Rubin, author)
“Administrative Exhaustion Is a Prerequisite to Claims Under the Individuals with Disabilities Education Act.” New Jersey Law Journal, January 7, 2015. Print. (Caitlin W. Lundquist, author)
“Confidentiality v. Transparency: The High–Wire Act of the Government Lawyer.” NSBA Council of School Attorneys (COSA). 2014. Online. (David B. Rubin, author)
“Disciplining Students for Off–Campus Conduct.” School Administrator Magazine published by American Association of School Administrators (AASA). January 2014. Print. (David B. Rubin, author)
“Video Cameras in the Schools: Navigating the Legal Minefield.” School Leader Magazine published by New Jersey School Boards Association (NJSBA). November/December 2013. Print. (David B. Rubin, author)
“Social Media and the Schools.” New Jersey Lawyer Magazine published by New Jersey State Bar Association (NJSBA). December 2013 (reprinted in The Computer & Internet Lawyer, July 2014). Print. (David B. Rubin, author)
“The Bona Fide Office Rule: Will Virtual Offices Be Allowed?” New Jersey Lawyer Magazine published by New Jersey State Bar Association (NJSBA). June 2012. Print. (David B. Rubin, author)
“Get Your Money’s Worth.” School Leader Magazine published by New Jersey School Boards Association (NJSBA). May/June 2012. Print. (David B. Rubin, author)
“The New Jersey Educator’s Legal Handbook (7th Ed.)” Omni Publishers. 2012. Print. (Nicholas Celso III, author)
“When is it a Necessity? Why School Boards May Need to Invoke the Doctrine of Necessity.” School Leader published by the New Jersey School Boards Association (NJSBA). September/October 2011. Print. (Jonathan M. Busch, author)
“Trolling the Web for Employee Information.” Legally Speaking Magazine published by Legal One. Spring 2011. Print. (David B. Rubin, author)
“Ethical Lawyering in the Digital Age.” NSBA Council of School Attorneys (COSA). 2011. Online. (David B. Rubin, author)
“Where’s the Money? The Search for Alternate Sources of Financial Support.” School Leader published by the New Jersey School Boards Association (NJSBA). March/April 2011. Print. (Jonathan M. Busch, author)
“‘Friending’ Students: A Case of Community Values.” School Administrator Magazine published by American Association of School Administrators (AASA). November 2010. Print. (David B. Rubin, author)
“Diminishing the Risk of Political Contributions by Businesses with Public Contracts.” Cutting Edge published by the New Jersey Builders Association (NJBA). May 2010. Enewsletter. (Jonathan M. Busch, co-author)
“Maximize the Effectiveness of A Defense Offer of Judgment.” New Jersey Law Journal. December 28, 2009. Print. (Adam S. Weiss, co-author)
“Brave New World — The Perils and Pitfalls of Students’ Digital Devices.” School Leader Magazine published by New Jersey School Boards Association (NJSBA ). November/December 2009. Print. (David B. Rubin, author)
“The Perils of Split Boards.” School Leader Magazine published by New Jersey School Boards Association (NJSBA). March/April 2009. Print. (David B. Rubin, author)
“Who’s Privileged When You Communicate with the Board Attorney.” School Administrator Magazine published by American Association of School Administrators (AASA). Winter 2009. Print. (David B. Rubin, author)
“The Attorney-Client Privilege and the School Board Attorney: Pitfalls and Pointers.” School Law in Review published by the National School Boards Association. 2008. Print. (David Rubin, author)
“Pay to Play in New Jersey: An Update on State and Local Requirements.” New Jersey Lawyer. November 2008. Print. (Jonathan M. Busch, co-author)
“OPRA Truly an ‘Exemptional’ Law.” New Jersey Lawyer. May 2008. Print. (Jonathan M. Busch, co-author)
“IDEA Guidebook: A Comprehensive Guide to the Individuals with Disabilities Education Improvement Act of 2004.” LRP Publications, 2006 and 2007. Print. (Elizabeth Farley Murphy, co-author)
“Compliance with Legally Mandated Teacher Evaluation Practices: A Preliminary Inquiry.” Focus on Education published by New Jersey Association for Supervision and Curriculum Development. 2006. Print (Nicholas Celso III, author)
“Some Basic Rules for Solving the Tenure Puzzle.” Focus on Education published by New Jersey Association for Supervision and Curriculum Development. 2006. Print. (Nicholas Celso III, author)
“Model Rules of Professional Conduct in the Post–Enron Era.” NSBA Council of School Attorneys (COSA). 2006. Online. (David B. Rubin, author)
“School Law” chapter in New Jersey Family Law Practice published by New Jersey Institute for Continuing Legal Education (NJICLE). 2006. Print. (David B. Rubin, author)
“Personnel Implications of No Child Left Behind.” NSBA Council of School Attorneys (COSA). 2004. Online. (David B. Rubin, author)
“Courtus Interruptus: One Lawyer’s Experience In The Life Of The Law.” New Jersey Lawyer Magazine published by New Jersey State Bar Association (NJSBA). April 2003. Print. (David B. Rubin, author)
“Understanding and Limiting School Board Member Liability.” NSBA Council of School Attorneys. 2002. Print. (David B. Rubin, co–author)
“School Violence: Trends, Developments and Prevention Strategies.” School Connections published by Kean University. 2001. Print. (Nicholas Celso III, author)
“Home Schooling” chapter in “Religion & Public Schools: Striking a Constitutional Balance” published by NSBA Council of School Attorneys (COSA). 2001. Print. (David B. Rubin, co–author)
“Adopt Opinion 24.” New Jersey Law Journal. June 11, 2001. Print. (David B. Rubin, author)
“Handling Disciplinary Actions in the Public Sector.” New Jersey Institute for Continuing Legal Education (NJICLE). 2000. Print. (David B. Rubin, author)
“’10 Day Rule’ Raises More Questions Than It Answers.” AASA Leadership News published by American Association of School Administrators (AASA). September 22, 1999. Print. (David B. Rubin, author)
“Until Congress Limits IDEA, School Costs Will Be High.” AASA Leadership News published by American Association of School Administrators. March 31, 1999. Print. (David B. Rubin, author)
“Special Education Law and Practice: The Next Step.” New Jersey Institute for Continuing Legal Education (NJICLE). 1998. Print. (David B. Rubin, co–author)
“The Public’s Schools.” School Leader published by the New Jersey School Boards Association (NJSBA). September/October 1998. Print. (Nicholas Celso III, author)
“Practical Problems and Pitfalls in Establishing an Educational Foundation.” NJASA Perspective, XIII, No.3 published by New Jersey School Administrators Association (NJASA). 1997. Print. (Nicholas Celso III, co-author)
“Knowing Where You’re Going in School Construction.” NJASA Perspective, XI, No.3 published by New Jersey School Administrators Association (NJASA). 1997. Print. (Nicholas Celso III, author)
“Litigating the Employment Discrimination Case.” New Jersey Institute for Continuing Legal Education (NJICLE). 1997. Print. (David B. Rubin, co–author)
“Legal Handbook on School Athletics.” NSBA Council of School Attorneys (COSA). 1997. Print. (David B. Rubin, co–author)
“Representing Respondents in Attorney Ethics Proceedings.” New Jersey Lawyer Magazine published by New Jersey State Bar Association (NJSBA). Spring 1996. Print. (David B. Rubin, author)
“The Religious Freedom Restoration Act”, Inquiry & Analysis, published by NSBA Council of School Attorneys (COSA). Spring 1996. Print. (David B. Rubin, author)
“How the Law Affects Educational Supervision.” Book Chapter in “Educational supervision: Perspectives, issues and controversies” by J. Glanz and R. Nevelle. Christopher-Gorden Publishers, Inc. 1996. Print. (Nicholas Celso III, author)
“Diverse Opinions”, American School Board Journal,published by National School Boards Association (NSBA). March 1995. Print. (David B. Rubin, author)
“Constitutional Implications of Preserving Student Safety”, New Jersey Lawyer Magazine, published by New Jersey State Bar Association (NJSBA). July 1993. Print. (David B. Rubin, author)
“Representing School Boards in the Nineties.” NSBA Council of School Attorneys (COSA). 1993. Online. (David B. Rubin, author)
“So Now You’ve Been Sued: Strategies that Win — Defending Civil Rights Suits Against Your School District Client.” NSBA Council of School Attorneys (COSA). 1992. Online. (David B. Rubin, author)
“The Department of Education Office for Civil Rights under the Civil Rights Restoration Act.” NSBA Council of School Attorneys (COSA). 1989. Online. (David B. Rubin, author)
“Interscholastic Athletics – Property Rights and Due Process.” Inquiry & Analysis published by NSBA Council of School Attorneys. September 1988. Print. (David B. Rubin, author)
“Using Standardized Testing to Promote Effectiveness Through Data-Based Management.” NJASA Perspective IV published by New Jersey School Administrators Association (NJASA). 1986. Print. (Nicholas Celso III, co-author)
“The Administration, Supervision, and Coaching of Teaching.” NJASA Perspective III published by New Jersey School Administrators Association (NJASA). 1985. Print. (Nicholas Celso III, author)
“Building an Effective Staff Development Program: Theory Into Practice – The Bloomfield Model.” NJASA Perspective III published by New Jersey School Administrators Association (NJASA). 1985. Print. (Nicholas Celso III, co-author)
“Putting Theory Into Practice in Bloomfield.” NJASA Perspective III published by New Jersey School Administrators Association (NJASA). 1985. Print. (Nicholas Celso III, co-author)
“Good Planning: The Key to a Sound Budget.” School Leader published by the New Jersey School Boards Association (NJSBA). 1985. Print. (Nicholas Celso III, co-author)