The Jackson School District has received your request and it is being
processed.  Due to the voluminous nature of your request we will respond
by August 21, 2023
Michelle Richardson
Business Administrator/Board Secretary
Jackson Township Board of Education
151 Don Connor Boulevard
Jackson, NJ  08527
(732)833-4603
(732)833-4609 Fax
[1][email address]

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Dear Mr. Gottesman,
On behalf of Custodian of Records Michelle Richardson, please find
attached and linked in this email the documents that are responsive to
your request for public records from the Jackson School District. We have
listed each request below utilizing the same numbers in your request, and
each attachment is labeled first by the number of the request as well. 

The Open Public Records Act requires that we explain what elements of a
record are redacted and the legal basis for the redactions. 

• In request #2 (Opt-Out Report) - the names of the students, their
parents and the parents' personal email address have been redacted. 
• In request #10 (Attorney Bills) - the names and initials of students
have been redacted for student privacy and the names of staff members
involved in personnel issues have been redacted. Additionally, in the
attachment for the attorney's bill for April 2023, there is a
redaction of a matter of possible litigation that falls within the
attorney-client privilege. 

Unlike a document with more diverse or numerous redactions, we felt
certain the limited redactions and the remaining context in the document
make it clear from inspection the element that was redacted. However, if
you have any reason for further clarification, please let us know.

The bases for these redactions are below:

• If student initials, student names, parent names or parent email
addresses are included, the information would constitute student
records pursuant to federal law (FERPA) and State law (N.J.A.C.
6A-32-2.1).  N.J.A.C. 6A:32-2.1 states that “student record”  “means
information related to an individual student gathered within or
outside the school district and maintained within the school district
regardless of the physical form in which it is maintained.”  Student
records are exempt under OPRA pursuant to N.J.S.A. 47:1A-9. 
• Without special authorization, members of the public are not permitted
access to student records. See N.J.A.C. 6A:32-7.5. The New Jersey
Government Records Council has ruled that OPRA does not require the
disclosure of student records without proper authorization.
See, Popkin v. Englewood Board of Education (Bergen), GRC Complaint
No. 2011-263.
• These redactions were also done pursuant to NJSA 47:1A-1 which allows
that a public agency has a responsibility and an obligation to
safeguard from public access a citizen's personal information with
which it has been entrusted when disclosure thereof would violate the
citizen's reasonable expectation of privacy.  This is especially true
as to minors.
• For the April 2023 Bill - Attorney-Client Privilege – GRC Exemption
No. 7. "Any record within the attorney-client privilege. This
paragraph shall not be construed as exempting from access attorney or
consultant bills or invoices except that such bills or invoices may be
redacted to remove any information protected by the attorney-client
privilege"

If you would be so kind as to acknowledge that you have received this
email and attachments, it would be greatly appreciated. Please reach out
to me if you have any questions.
On behalf of Custodian of Records Michelle Richardson,
Sincerely,
Allison Erwin
Coordinator of Communications and Technology
Jackson School District
151 Don Connor Blvd.
Jackson, NJ  08527
Phone: (732) 833-4618
Fax:     (732) 833-4671
[1][email address]
[2]www.jacksonsd.org
OPRA RESPONSE FROM THE JACKSON SCHOOL DISTRICT
Request 1: Please provide documents indicating the total number of
students enrolled in all public schools and charter schools in your
District for the 2022-2023 school year;

• Attached - 1_Enrollment_Report.pdf

Request 2: Please provide documents indicating the total number of
students whose parents have availed themselves of the opt-out provisions
of N.J.S.A.18A:35-4.7 and opted their child out of all or a portion of the
2020 NJSLS-CHPE mandate or curriculum promulgated in accordance thereto
for the 2022-2023 school year. Please provide documents indicating the
number of opt-outs by individual grade levels.

• Attached are the Opt-Out lists for each grade level grouping
(elementary, middle, and high school).  Your request sought the
individual grade level of the students, however, while our record did
not include that information, it is grouped by elementary, middle and
high school.  As indicated at the top of this response, student names
and parent names have been redacted. File Name
is 2_OptOuts_By_GradeLevelGrouping.pdf

Request 3: Please provide a copy of the document(s) used by the district
by which parents can opt-out or opt-in their children from all or a
portion of the curriculum mandated by the 2020 NJSLS-CHPE in your
district.

• Attached are the three letters used in each grade level grouping. This
document is a template that each school used (the name of the school
and the specific date of the lesson are added each year prior to
sending out). 

• 3_OptOutLetter_Elementary
• 3_OptOutLetter_MiddleSchool
• 3_OptOutLetter_HighSchool

Request 4A: 4A) Please provide documents showing how you implemented the
“parent opt-out” for the 2020 NJSLS-CHPE and Health & Physical Education
curriculum and a copy of the document by which parents can opt-out their
children from all or a portion of the curriculum mandated by the 2020
NJSLS-CHPE in your district. Including but not limited to forms, flyers,
emails to parents and/or a website.

• Attached: Text Version of April 27, 2022 Board of Education Meeting
Presentation on Understanding the Jackson School District Health and
PE Curriculum (File Name is 4A_Presentation on Health Curriculum
Standards and Implementation.pdf)
• [3]Link to Video Version of April 27, 2022 Board of Education Meeting
Presentation on Understanding the Jackson School District Health and
PE Curriculum
• 4A_Email_to_Parents_April_13_2022.pdf - explaining that the district
was working on information to clarify this emerging issue and
attention
• 4A_Email_to_Parents_April_29_2022.pdf - providing parents all the
information presented at the BOE meeting and clarifying the standards
and how they would be implemented
• A [4]link to the Annual Notices page (and PDF attached with file name
of 4A_HealthOptOutExplainedinAnnualNotice) - which is given to all
parents at the beginning of the year to sign off on through the parent
portal - includes a notification on how our health and family life
curriclum will be implemented and their right to opt out if they wish,
in accordance with state statute. 
• A link to our [5]Health Curriculum information - which duplicates the
information listed in the annual notices about the curriculum and how
parents may opt out if they wish in accordance with state statue.

4B) Please provide documents showing how the 2020 NJSLS-CHPE mandate was
implemented in your district, for example: a) in the classroom; b) at home
by parents; c) as a homework assignment; d) in an assembly; e) as a
webinar; f) being taught on the last day of school; g) any methods but
with elements removed; h) not at all.

• Attached: Text Version of April 27, 2022 Board of Education Meeting
Presentation on Understanding the Jackson School District Health and
PE Curriculum (File Name is 4A_Presentation on Health Curriculum
Standards and Implementation.pdf)
• [6]Link to Video Version of April 27, 2022 Board of Education Meeting
Presentation on Understanding the Jackson School District Health and
PE Curriculum

Request 6: Copies of the BOE policies and regulations regarding the
composition of your “Book Review Committee,” as well as policies
controlling book reviews or book removal requests.
The Jackson School District does not have a "Book Review Committee". The
policies linked below are those that include the functions of reviewing
educational materials. We are including the links below. The PDF versions
of each policy are also attached.

• 2211 - [7]CURRICULUM AND INSTRUCTIONAL MATERIALS SELECTION
• 2200 - [8]CURRICULUM CONTENT
• 2510 - [9]ADOPTION OF EDUCATIONAL MATERIALS
• 2530 - [10]RESOURCE MATERIALS

Request 7: Copies of any book removal or review requests made by residents
of your school district since November 1, 2022 to present.

• This record does not exist, as the Jackson School District has had no
book removal requests.

Request 8: If any books have been removed from curriculum or from public
school libraries as a result of a demand for removal or by the Board
action in accordance with your book removal policy, copies of all
documents relating to the review or removal.

• This record does not exist, as the Jackson School District has had no
book removal requests.

Request 9: Any documents, policies or regulations relating to the review
of current textbooks or the review of new textbooks or textbooks being
considered for purchase.
The following links refer to BOE policies that are responsive to your
request. The PDF version of each policy is also attached.

• 2211 - [11]CURRICULUM AND INSTRUCTIONAL MATERIALS SELECTION
• 2200 - [12]CURRICULUM CONTENT
• 2510 - [13]ADOPTION OF EDUCATIONAL MATERIALS
• 2530 - [14]RESOURCE MATERIALS

Request 10:  Copies of all legal bills from the Board Attorney or from any
outside council from January 1, 2023 to present

• The responsive documents are attached. A listing of information
redacted and the bases for the redactions is included in the beginning
of this email.

References

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