Letter which of responsibility
Dear Toms River School District,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
A copy of the letter or document of responsibility which the Superintendent and the District Counsel referenced during the 08.12.2020 BOE meeting that required the Superintendent's signature or affirmation. The letter or document requested is the letter or document which the State of New Jersey required the Superintendent sign and the Counsel stated the District and/or Superintendent would be held responsible if any child became ill due to Covid-19 if the District initiated in person learning in September 2020. This is the letter or document which Counsel declared they would not permit the Superintendent to sign.
Yours faithfully,
John Wellington
Please note; All schools and offices are closed on Fridays through August
21, 2020.
Thank you,
Helena Gregitis
Toms River Regional Schools
732 505-5500 x 500081
--
Sincerely,
Helena Gregitis for
William J. Doering
Business Administrator
Toms River Regional Schools
732 505-5500 x 500081
Good afternoon, in response to your OPRA request dated August 13, 2020 and
received August 17, 2020 as the district is closed on Fridays during the
summer, in which you requested the following, “A copy of the letter or
document of responsibility which the Superintendent and the District
Counsel referenced during the 08.12.2020 BOE meeting that required the
Superintendent's signature or affirmation. The letter or document
requested is the letter or document which the State of New Jersey required
the Superintendent sign and the Counsel stated the District and/or
Superintendent would be held responsible if any child became ill due to
Covid-19 if the District initiated in person learning in September 2020.
This is the letter or document which Counsel declared they would not
permit the Superintendent to sign.”
It is important to note that Counsel did not state that “the District
and/or Superintendent would be held responsible if any child became ill
due to Covid-19 if the District initiated in person learning in September
2020.” Counsel advised that the Superintendent should not execute the
attestation because neither the Superintendent nor the District could
guarantee strict compliance with the guidelines and minimum standards.
The Board, Counsel and the Superintendent also discussed the nature of the
requirements, the fluidity of the anticipated minimum standards, the
unknown consequences of failing to meet the extensive standards set forth
in the 104 page “The Road Back: Restart and Recovery Plan for Education”
and generally, the potential for liability and applicable immunity.
The documents mentioned during the aforementioned discussion between the
Board Education, the Superintendent and the Board attorney, specifically
the “Attestation for Reopening of Schools” and the “Reopening Document
Checklist for the Re-Opening of School 2020-2021”, which summarize the
anticipated minimum standards, the actual attestation form, the 104 page
“The Road Back: Restart and Recovery Plan for Education” plus Department
of Education updates and supplemental guidance, which were supplemented by
the New Jersey Department of Health on August 13, 2020, are responsive to
your request and are attached hereto.
Sincerely,
Helena Gregitis
Custodian of School Records
Toms River Regional Schools
732 505-5500 x 500081