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0000 BYLAWS
0000 BYLAWS
Number Title
0110 Identification
0120 Authority and Powers
0131 Bylaws and Policies
0132 Executive Authority
0133 Adjudication of Disputes
0134 Board Self Evaluation
0141 Board Member Number and Term
0142 Board Member Qualifications, Prohibited Acts/ Code of Ethics
0142.1 Nepotism
0143 Board Member Election and Appointment
0144 Board Member Orientation
0145 Board Member Resignation and Removal
0146 Board Member Authority
0148 Board Member Indemnification
0151 Organization Meeting
0151.1 Honoring Former Board Members
0152 Board Officers
0153 Annual Appointments
0154 Annual Motions and Designations
0155 Board Committees
0157 Board of Education Website
0161 Call, Adjournment and Cancellation
0162 Notice of Board Meetings
0163 Quorum
0164 Conduct of Board Meetings
0165 Voting
0166 Executive Sessions
0167 Public Participation in Board Meetings
0168 Recording Board Meetings
0171 Duties of Board President and Vice President
0172 Duties of Treasurer of School Monies
0173 Duties of Public School Accountant
0174 Legal Services
0175 Contracts with Independent Consultants
0176 Collective Bargaining and Contract Approval/Ratification
0177 Professional Services
0000.01
ADOPTION
RESOLUTION
RESOLVED, that the bylaws and policies printed and codified in the
comprehensive document entitled "Bylaws and Policies of the East Amwell
Township Board of Education are hereby adopted and that all bylaws and policies
heretofore adopted by the East Amwell Township Board of Education and
inconsistent with the bylaws and policies hereby adopted are hereby rescinded,
and be it further
RESOLVED, that in the event any policy, part of a policy or section of the
bylaws is judged to be inconsistent with law or inoperative by a court of
competent jurisdiction or is invalidated by a policy or contract duly adopted
by this Board, the remaining bylaws, policies, and parts of policies shall
remain in full effect.
Adopted by the East Amwell Township Board of Education in the
====================================
0000.02
INTRODUCTION
Definitions
The following terms used in these bylaws, policies and regulations shall have
the meanings set forth below unless the context requires a different meaning or
a different definition is supplied:
"Board" means the Board of Education of the
"Bylaw" means a rule of the Board for its own operation.
"Chief School Administrator" means the Chief Executive Officer of
this school district, whose title in this district is Superintendent.
"Commissioner" means the New Jersey State Commissioner of Education.
"
"Day" means a calendar day.
"Full Board" means the authorized number of voting members of the
Board of Education.
"Meeting" means a gathering that is attended by or open to all of the
members of the Board of Education, held with the intent on the part of the
Board members present to discuss or act as a unit on the specific public
business of the Board of Education.
"Collective Bargaining" or "Negotiated Agreement" means a
contract collectively negotiated by the Board of Education and a recognized
bargaining unit.
"Parent" means the parent(s) or legal guardian(s) having legal
custody and control of a pupil.
"Policy" means a statement, formally adopted by the Board of
Education, in which the Board recognizes the mandates and constraints of law,
establishes practices and standards binding on staff members and pupils, and
gives direction to the Superintendent.
"Principal" means the administrator in charge of a school building or
facility; except where prohibited by law, "Principal" also means the
qualified person duly delegated by the Principal to discharge a particular duty
in place of the Principal.
"President" means the President of the Board of Education.
"Professional employee" means an employee who holds a position for
which a certificate issued by the New Jersey State Board of Examiners is
required.
"Pupil" or "Pupil" means a person enrolled in a school in
this district.
"Regulation" means a statement developed and promulgated by the
Superintendent that details the specific operations by which Board policy or a
legal mandate is implemented.
"Secretary" means the Secretary of the Board of Education.
"Superintendent" means the Chief School Administrator of this school
district; except where prohibited by law, "Superintendent or
designee" also means the qualified person duly delegated by the
Superintendent to discharge a particular duty in place of the Superintendent.
"Support staff member" means an employee who holds a position for
which no certificate issued by the New Jersey State Board of Examiners is
required.
"Teaching staff member" means an employee who holds a position for
which a certificate issued by the New Jersey State Board of Examiners is
required.
"Treasurer" means the Treasurer of School Moneys for this school
district.
Construction
The following rules of construction apply to these bylaws, policies and
regulations:
1. Wherever possible, language shall
be given its clear and ordinary interpretation;
2. Language shall be construed to
have a meaning that complies with law;
3. In the event bylaws, policies and
regulations conflict with one another, the later adopted bylaw, policy or
regulation shall take precedence over the earlier, and the more specific bylaw,
policy or regulation shall take precedence over the more general;
4. Except as otherwise provided by
the context, the auxiliary verbs "shall," "will," and
"must" indicate a mandated action, and the auxiliary verb
"may" indicates an action that is permitted but is not mandated.
Effectuation
Except as may otherwise be expressly provided, a bylaw, policy or regulation
will become effective on the date it is adopted and a revised bylaw, policy or
regulation will become effective on the date it is revised.
Citations
Bylaws, policies and regulations may contain citations to the following
codifications of state and federal laws and regulations:
1. United States Statutes
20 U.S.C.A. Education
2.
34 C.F.R. Education
3. New Jersey Statutes
N.J.S.A. 2C Code of Criminal Justice
N.J.S.A. 9 Children-Juvenile and
Domestic
Relations
N.J.S.A. 10 Civil Rights
N.J.S.A. 11 Civil Service
N.J.S.A. 17 Corporations and
Institutions
for Finance and Insurance
N.J.S.A. 18A Education
N.J.S.A. 19 Elections
N.J.S.A. 24 Food and Drug
N.J.S.A. 26 Health and Vital
Statistics
N.J.S.A. 27 Highways
N.J.S.A. 30 Institutions and Agencies
N.J.S.A. 34 Labor and Worker's
Compensation
N.J.S.A. 36 Legal Holidays
N.J.S.A. 39 Motor Vehicles and
Traffic Regulation
N.J.S.A. 41 Oaths and Affidavits
N.J.S.A. 45 Professions and
Affidavits
N.J.S.A. 47 Public Records
N.J.S.A. 52 State Government,
Departments,
and Officers
N.J.S.A. 53 State Police
N.J.S.A. 54 Taxation
N.J.S.A. 59 Tort Claims
4. New Jersey Administrative Code
N.J.A.C. 1 Administrative Law
N.J.A.C. 6 & 6A Education
N.J.A.C. 8 Health
N.J.A.C. 10 Human Services
N.J.A.C. 13 Law and Public Safety
N.J.A.C. 17 Treasury-General
Severability
If any part of this manual is made invalid by judicial decision or legislative
or administrative enactment, all other parts shall remain in full effect unless
and until they are amended or repealed by the Board of Education or until
regulations issued by the Superintendent are amended.
Enactment
The official record of the adoption, issuance, amendment, or repeal of the
bylaws, policies and regulations of this district shall be the minutes of
meetings of the Board of Education. Such
alterations shall be duly entered in this manual; a master copy of the bylaw,
policy and regulation manual shall be maintained by the Superintendent's Office
and shall be the manual to which all others may be compared for accuracy.
Reference
References to previous bylaws and
policies indicate the code designation of like matter in the previous
codification of the bylaws and policies of this district.
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0001
0000
BYLAWS
Number Title
0110 Identification
0120 Authority and Powers
0131 Bylaws and Policies
0132 Executive Authority
0133 Adjudication of Disputes
0134 Board Self Evaluation
0141 Board Member Number and Term
0142 Board Member Qualifications,
Prohibited Acts
and Code of Ethics
0143 Board Member Election and
Appointment
0144 Board Member Orientation
0145 Board Member Resignation and
Removal
0146 Board Member Authority
0147 Board Member Compensation and
Expenses
0148 Board Member Indemnification
0151 Organization Meeting
0151.1 Honoring Former Board Members
0152 Board Officers
0153 Annual Appointments
0154 Annual Motions and Designations
0155 Board Committees
0157 Board of Education Website
0161 Call, Adjournment and
Cancellation
0162 Notice of Board Meetings
0163 Quorum
0164 Conduct of Board Meetings
0165 Voting
0166 Executive Sessions
0167 Public Participation in Board
Meetings
0168 Recording Board Meetings
0171 Duties of President and Vice
President
0172 Duties of Treasurer of School
Monies
0173 Duties of Public School
Accountant
0174 Duties of Board Attorney
0175 Contracts with Independent Consultants
0176 Collective Bargaining and
Contract
Approval/Ratification
====================================
0110
0110 IDENTIFICATION
Name
The official name of the Board of Education shall be "The Board of
Education of the
Purpose
The Board of Education exists for the purpose of providing a thorough and
efficient system of free public education in grades Kindergarten through eight
in the
Composition
The school district is comprised of all the area within the municipal
boundaries of
Classification
The school district shall be classified as a Type II district.
Address
The address of the Board of Education shall be:
N.J.S.A. 18A:8-1; 18A:9-2; 18A:9-3;
18A:10-2
Adopted: 19 January 2005
====================================
0120
0120 AUTHORITY AND POWERS
Authority
The Board of Education is constituted, authorized, and governed by the statutes
of the State of
Powers
The Board shall make, amend, and repeal rules not inconsistent with statutes or
with the rules of the State Board of Education for its own government and the
transaction of its business and for the government and management of the public
schools and the public property of the school district and for the employment,
regulation of, conduct, and discharge of its employees. The Board shall perform all acts and do all
things, consistent with law and the rules of the State Board, necessary for the
proper conduct, equipment and maintenance of the public schools of the
district.
The Board of Education, both as a State agency and as a representative of the
people of the district on school matters, is legally responsible for education
in this school district. As the general
agent of the State and duly constituted local body, the Board is responsible
for carrying out certain phases of school operations as mandated by law and has
full authority to consider, accept, or reject the provisions of the permissive
laws. In all cases where the State laws
do not provide or prohibit, the Board considers itself the responsible body for
establishing and appraising the educational activities of the district.
N.J.S.A. 18A:10-1; 18A:11-1;
18A:16-1;
18A:20-1; 18A:27-4
Adopted: 19 January 2005
====================================
0131
0131 BYLAWS AND POLICIES
The Board of Education shall exercise its rule-making power by adopting bylaws
and policies for the organization and operation of the school district.
Adoption, Amendment, and Repeal
Bylaws and policies may be adopted, amended, and repealed at any meeting of the
Board, provided the proposed adoption, amendment, or repeal has been proposed
and approved at a previous meeting of the Board.
The Board may at its organization meeting and by a majority vote of those
present and voting readopt existing bylaws and policies without prior notice.
The Board may, under emergency circumstances, suspend the operation of a bylaw
or policy and adopt, amend, or repeal a bylaw or policy without prior
notice. The emergency adoption,
amendment, or repeal of a bylaw or policy shall terminate at the next meeting
of the Board or at such earlier date as may be specified by the Board unless
further acted upon by the Board.
The adoption, amendment, repeal, or suspension of a bylaw or policy shall be
recorded in the minutes of the Board.
Any policy or part of a policy that is superseded by a term in a
negotiated agreement or by a subsequently adopted policy shall no longer be in
force and effect as a policy.
Promulgation and Distribution
A manual of bylaws and policies shall be maintained. A copy of the manual of bylaws and policies
shall be given to each Board member, the Superintendent, the Board Secretary,
the Board Attorney, each Building Principal, and other individuals designated
by the Superintendent.
The Superintendent shall institute a plan for the orderly promulgation of
policies to staff members who are affected by them and shall provide staff
members with access to an up-to-date manual of Board bylaws and policies.
Each copy of the manual of bylaws and policies shall be numbered; a record of
the placement of each manual shall be maintained by the Superintendent's
office. Copies of revised pages will be
furnished to the holders of manuals as changes are made to bylaws and
policies. The holder of a policy manual
shall return the manual to the Board Secretary upon the termination of his/her
service to the district.
The manual of bylaws and policies shall be considered a public record open to
inspection in the office of the Superintendent.
The manual retained by the Superintendent shall be considered the master
copy of the policy manual and shall not be modified by any person other than
the Superintendent or his/her designee.
Development of Bylaws and Policies
Bylaws and policies will be developed and considered by the Board in accordance
with the following procedure:
1. A new or revised bylaw or policy
may be suggested to the Board by any Board member, the Superintendent, any
staff member, or a member of the public;
2. A suggestion for a new or revised
bylaw or policy may be referred, at the discretion of the President and as
appropriate to the subject, to the Superintendent, a Board committee, or a
public advisory committee for study and formulation of a recommendation to the
Board. Any study of a policy suggestion
should consider whether the matter is adequately addressed in existing Board
policy and whether the matter is more appropriately addressed by administrative
regulation;
3. If a recommendation for a new or
revised bylaw or policy results from referral for study, a proposed draft will
be submitted to the Board for discussion and approval on first reading. Copies of the proposed draft will be made
available to staff members and the public, and comment will be invited. Changes in the draft may be made, by a simple
majority vote, when the draft is presented for approval on first reading;
4. The proposed draft, approved on
first reading, will be submitted for adoption at the next regular meeting of
the Board. Changes in the draft may be
made by a simple majority vote. A change
that alters the substantive meaning of the draft will constitute a new first
reading, and the draft must be presented for adoption at the next succeeding
Board meeting. A change that is merely
editorial may be followed by a vote to adopt the new or revised bylaw or policy
on second reading.
N.J.S.A. 18A:11-1
Adopted: 19 January 2005
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0132
0132 EXECUTIVE AUTHORITY
The Board of Education shall exercise its executive power in part by the
appointment of a Superintendent as Chief School Administrator, who shall
enforce the statutes of the State of New Jersey, rules of the State Board of
Education, and policies of this Board.
The Superintendent shall prepare regulations for the administration of the
school district that are not inconsistent with statutes or rules of the State
Board of Education and are dictated by the policies of this Board. Administrative regulations shall be binding
on the employees of this district and the pupils in the schools of this
district when issued and shall be provided to the Board for the information of
Board members except where Board approval is required by law.
The Superintendent shall be delegated the authority to take necessary action in
circumstances not governed by Board policy and shall report any such action to
the Board at the first Board meeting following the action.
The Superintendent shall have a seat on the Board and shall have the right to
speak on all matters at meetings of the Board, but shall have no vote.
N.J.S.A.
18A:17-20
Adopted: 19 January 2005
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0133 ADJUDICATION OF
DISPUTES
The
Board of Education may assume jurisdiction over any dispute or controversy
arising within this school district and concerning any matter over which
authority has been vested in the Board by statute, rule of the State Board of
Education, or a contract or policy of this Board.
The
Board may hold hearings that will offer the parties to a dispute, on notice duly
given, a fair and impartial forum for the resolution of the matter.
Beyond
the basic requirements of due process a hearing will vary in form and content
as dictated by the severity of the consequences that may flow from the Board's
determination, the degree of difficulty of establishing findings of fact from
conflicting evidence, and the impact of the Board's decision on the school
district.
Regulations
for the conduct of adjudicatory hearings of the Board shall be prepared as
guidelines for those who may be heard by the Board.
A
decision of the Board may be appealed to the Commissioner of Education.
N.J.S.A. 18A:11-1
Adopted:
19 January 2005
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0134
0134 BOARD SELF EVALUATION
The Board of Education is committed to the belief that every part of the school
system in this district should be accountable to the public and that
performance evaluation is essential to that accountability. The Board further believes that the
improvement and growth of any institution depends upon an honest appraisal of
its strengths and weaknesses. The Board
accepts, therefore, responsibility for the conduct of a systematic program of
self-evaluation and appraisal. The
standards against which the Board will evaluate itself will be the educational
goals, bylaws, and policies duly adopted by this Board.
The Board will annually adopt an evaluation instrument that permits individual
Board members to record their assessments of the conduct of Board meetings, the
fiscal management of the district, the conduct of the instructional program,
and the relationship of the Board with the Superintendent, other district staff
members, and the community.
The assessments of Board members will be tabulated and presented for discussion
at a regular meeting of the Board in which the Superintendent will be invited
to participate. The Board will
formulate, as appropriate, goals and priorities that will serve to guide the
Board in the ensuing school year.
N.J.S.A. 18A:11-1
Adopted: 19 January 2005
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0141
0141 BOARD MEMBER NUMBER AND TERM
The Board of Education shall consist of nine members.
The term of a Board member shall be three years, except that:
1. The term of a member appointed to
fill a vacancy shall be from the member's appointment to the organizational
meeting following the next annual election, except that;
2. The term of a member appointed to
fill a vacancy within sixty days immediately preceding an annual election shall
be from the member's appointment to the organizational meeting following the
second annual election after his/her appointment.
N.J.S.A. 18A:12-6; 18A:12-9;
18A:12-11; 18A:12-15
Adopted: 19 January 2005
====================================
0142
M
0142 BOARD MEMBER QUALIFICATIONS,
PROHIBITED ACTS
AND CODE OF ETHICS
Each member of the Board of Education shall possess the qualifications required
by law and shall be bound by the provisions of the School Ethics Act.
Qualification of Office
A Board member must be a citizen of the United States.
A Board member must be a resident of the district the member represents and
must have been such for at least one year immediately preceding the member's
election or appointment.
A Board member may not be convicted of a felony.
A Board member must be able to read and write.
A Board member must be registered to vote in the district and not disqualified
from voting pursuant to N.J.S.A. 19:4-1.
A Board member cannot concurrently hold office as mayor or a member of the
governing body of East Amwell Township.
Prohibited Acts
"Business" means any corporation, partnership, firm, enterprise,
franchise, association, trust, sole proprietorship, union, political
organization, or other legal entity but does not include a school district or
other public entity.
"Interest" means the ownership of or control of more than ten percent
of the profits, assets, or stocks of a business but does not include the
control of assets in a labor union.
"Immediate family" means the person to whom the Board member is
legally married and any dependent child of the Board member residing in the
same household.
No Board member or member of his/her immediate family shall have an interest in
a business organization or engage in any business, transaction, or professional
activity that is in substantial conflict with the proper discharge of his/her
duties in the public interest.
No Board member shall use or attempt to use his/her official position to secure
unwarranted privileges, advantages, or employment for him/herself, members of
his/her immediate family, or others.
No Board member shall act in his/her official capacity in any matter where
he/she, a member of his/her immediate family, or a business organization in
which he/she has an interest, has a direct or indirect financial or personal
involvement that might reasonably be expected to impair his/her independence of
judgment in the exercise of official duties.
No Board member shall act in his/her official capacity in any matter
where he/she or a member of his/her immediate family has a personal involvement
that is or creates some benefit to the Board member or a member of his/her
immediate family.
No Board member shall undertake any employment or service, whether compensated
or not, which might reasonably be expected to prejudice his/her independence of
judgment in the exercise of official duties.
No Board member or member of his/her immediate family or business organization
in which he/she has an interest shall solicit or accept any gift, favor, loan,
political contribution, service, promise of future employment, or other thing
of value based upon an understanding that the gift, favor, loan, contribution,
service, promise, or other thing of value was given or offered for the purpose
of influencing him/her, directly or indirectly, in the discharge of his/her
official duties, except that the member may have solicited or accepted
contributions to his/her campaign for election to public office if he/she had
no knowledge or reason to believe that the campaign contribution, if accepted,
was given with the intent to influence him/her in the discharge of official
duties. Board members may not accept
offers of meals, entertainment or hospitality which are limited to
clients/customers of the individual providing such hospitality. Board members may attend hospitality suites
or receptions at conferences only when they are open to all persons attending
the conference.
No Board member shall use, or allow to be used, his public office or any
information not generally available to the members of the public which he/she
receives or acquires in the course of and by reason of his/her office, for the
purpose of securing financial gain for him/herself, any member of his/her
immediate family, or any business organization with which he/she is associated.
No Board member or business organization in which he/she has an interest shall
represent any person or party other than the Board of Education or this school
district in connection with any cause, proceeding, application, or other matter
pending before this school district or in any proceeding involving this school
district, except that this provision shall not be deemed to prohibit
representation within the context of official labor union or similar
representational responsibilities.
It is not a conflict of interest if, merely by reason of his/her participation
in any matter voted upon by the Board, a Board member accrues material or
monetary gain that is no greater than the gain that could reasonably be
expected to accrue to any other member of the member's business, profession,
occupation, or group.
No elected Board member shall be prohibited from making an inquiry for
information on behalf of a constituent, if no fee, reward, or other thing of
value is promised to or given to or accepted by the member or a member of
his/her immediate family, whether directly or indirectly, in return for the
information so requested.
Nothing shall prohibit a Board member or members of his/her immediate family
from representing him/herself or themselves in negotiations or proceedings
concerning his/her or their own interests, except that Board members shall
disqualify themselves from participating in negotiations and voting on
collective bargaining agreements where their spouse or dependent children are
members of the bargaining unit.
Each Board member shall annually, in accordance with N.J.S.A. 18A:12-25 and
18A:12-26, file a disclosure statement regarding potential conflicts of
interest.
Ineligibility for District Employment
A Board member cannot be appointed to a paid office or position required to be
filled by the Board, except where law permits or requires that the office or
position be filled by a Board member, and is ineligible for appointment to a
paid office or position in the district for at least six months after the
member's retirement, resignation, or removal from Board membership.
Code of Ethics
In accordance with N.J.S.A 18A:12-24.1 every Board member will abide by the
following Code of Ethics. The Board
member will:
1. Uphold and enforce all laws, rules
and regulations of the State Board of Education and court orders pertaining to
schools. Desired changes shall be
brought about only through legal and ethical procedures.
2. Make decisions in terms of the
educational welfare of children and seek to develop and maintain public schools
that meet the individual needs of all children regardless of their ability,
race, creed, sex, or social standing.
3. Confine his/her Board action to
policy making, planning and appraisal, and help to frame policies and plans
only after the Board has consulted those who will be affected by them.
4. Carry out his/her responsibility
not to administer the schools, but together with fellow Board members, insure
they are well run.
5. Recognize that authority rests
with the Board of Education and make no personal promises nor take any private
action that may compromise the Board.
6. Refuse to surrender his/her
independent judgment to special interest or partisan political groups or to use
the schools for personal gain or for the gain of friends.
7. Hold confidential all matters
pertaining to the schools, which, if disclosed, would needlessly injure
individuals, or the schools. In all
other matters, he/she will provide accurate information and, in concert with
fellow Board members, interpret to the staff the aspirations of the community
for its school.
8. Vote to appoint the best-qualified
personnel available after consideration of the recommendation of the chief
administrative officer.
9. Support and protect school
personnel in proper performance of their duties.
10. Refer all complaints to the chief
administrative officer and act on the complaints at public meetings only after
failure of an administrative solution.
Each Board member is required to sign an acknowledgment that he/she received a
copy, read and will become familiar with the Code of Ethics for School Board
Members contained within N.J.S.A.
18A:12-21 et seq. The School Business
Administrator/Board Secretary will provide each Board member with a copy of the
Code of Ethics and the required acknowledgement on an annual basis and will
maintain the original signed acknowledgment(s) in the School Business
Administrator/Board Secretary's office.
The Board will receive a copy of and discuss the School Ethics Act and the Code
of Ethics for School Board Members, pursuant to N.J.S.A. 12-21 et seq., at a
regular scheduled public meeting each year.
The discussion may include presentations by school administrative staff,
the Board attorney, Board members and/or other professionals familiar with the
School Ethics Act and the Code of Ethics.
In addition, the Board Attorney will keep the Board informed of decisions
by the School Ethics Commission, Commissioner of Education, State Board of
Education and courts.
Oath of Office
Each Board member shall, before entering upon the duties of the office, swear
or affirm under oath that he/she qualifies for membership and will faithfully
discharge the duties of the office of Board member.
N.J.S.A. 18A:12-1; 18A:12-1.1;
18A:12-2;
18A:12-2.1; 18A:12-21 through
18A:12-34
N.J.S.A. 41:1-3
School Ethics Commission Policy Guideline 1.
Adopted: 19 January 2005
====================================
0142.1 NEPOTISM
0142.1 NEPOTISM
The Board of Education adopts this Nepotism Policy as a condition of receiving State aid pursuant to N.J.A.C. 6A:23A-6.2.
For the purposes of this Policy, "relative" means an individual's spouse, by marriage or civil union pursuant to N.J.S.A. 37:1-33, domestic partner as defined in N.J.S.A. 26:8A-3, or the individual's or spouse's parent, child, brother, sister, sibling, aunt, uncle, niece, nephew, grandparent, grandchild, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother or half-sister, whether the relative is related to the individual or the individual's spouse by blood, marriage or adoption.
For the purposes of this Policy, "immediate family member" means the person's spouse, partner in a civil union as defined in N.J.S.A. 37:1-33, domestic partner as defined in N.J.S.A. 26:8A-3, or dependent child residing in the same household.
For the purposes of this Policy, "administrator" is defined as set forth in N.J.S.A. 18A:12-23.
No relative of a Board member or the Superintendent of Schools shall be employed in an office or position in this school district except that a person employed by the school district on the effective date of the Policy or the date a relative becomes a Board member or Superintendent shall not be prohibited from continuing to be employed or promoted in the district.
The Superintendent of Schools shall not recommend to the Board of Education pursuant to N.J.S.A. 18A:27-4.1 any relative of a Board member or the Superintendent. However, in accordance with N.J.A.C. 6A:23A-6.2(a)2, the district may employ a relative of a Board member or Superintendent of Schools provided the district obtains the approval from the Executive County Superintendent of Schools. Such approval shall be granted only upon demonstration by the school district that it conducted a thorough search for candidates and that the proposed candidate is the only qualified and available person for the position.
Optional - In accordance with N.J.A.C. 6A:23A-6.2(a)6.(b), per diem substitutes and student employees who are relatives of a Board member or the Superintendent of Schools shall be excluded from the provisions of this Policy and N.J.A.C. 6A:23A-6.2.
A school district administrator shall be prohibited from exercising direct or indirect authority, supervision, or control over a relative of the administrator. Where it is not feasible to eliminate such a direct or indirect supervisory relationship, appropriate screens and/or alternative supervision and reporting mechanisms must be put in place.
A school district administrator or Board member who has a relative who is a member of the bargaining unit shall be prohibited from discussing or voting on the proposed collective bargaining agreement with that unit or from participating in any way in negotiations, including, but not limited to, being a member of the negotiating team; nor should that school district administrator be present with the Board in closed session when negotiation strategies are being discussed; provided however, that the administrator may serve as a technical resource to the negotiating team and may provide technical information necessary to the collective bargaining process when no one else in the district can provide such information.
A school district administrator or Board member who has an immediate family member who is a member of the same Statewide union in another school district shall be prohibited from participating in any way in negotiations, including but not limited to, being a member of the negotiating team or being present with the Board of Education in closed sessions when negotiation strategies are being discussed, prior to the Board of Education attaining a Tentative Memorandum of Agreement with the bargaining unit that includes a salary guide and total compensation package. Once the Tentative Memorandum of Agreement is established, a school district administrator with an immediate family member who is a member of the same State-wide union in another school district may fully participate in the process, absent other conflicts. Notwithstanding these provisions, a district administrator who has an immediate family member who is a member of the same Statewide union in another district may serve as a technical resource to the negotiating team and may provide technical information necessary to the collective bargaining process when no one else in the district can provide the information.
N.J.A.C. 6A:23A-6.2
Adopted: September 16, 2008
Revised: April 22, 200
April 27,
2010
====================================
0143
0143 BOARD MEMBER ELECTION AND APPOINTMENT
The election and appointment of Board of Education members will be conducted in strict compliance with law.
A vacancy in the membership of the Board shall be filled in accordance with 18A:13-11.
A vacancy on the Board of Education will be filled by:
1. The County Superintendent, if a vacancy is caused by;
a. The absence of candidates for election to the school Board or
b. The removal of a member because of lack of qualifications, or
c. The failure of the Board to appoint a person to a vacancy within sixty-five days following its occurrence, or
d. A tie for election between two or more candidates in a special runoff election.
2. Special election within sixty days of the annual election, if;
a. Two or more qualified candidates tie for election, or
b. The annual election is disqualified due to improper election procedures.
3. The County Superintendent, to a number sufficient to make up a quorum of the Board if, by reason of vacancies, a quorum is lacking;
4. The Commissioner of Education if there is a failure to elect a member at the annual school election due to improper election practices; or
5. A majority vote of the remaining members of the Board of Education after the vacancy occurs in all other cases.
The Board Secretary shall promptly notify the President of a vacancy to be filled by the Board; the President shall inform all other Board members. The Board will give public notice of the vacancy and invite any qualified person to submit a written request for consideration of his/her candidacy for the vacancy. The Board may also require candidates submit a resume with their written request.
In considering candidates who have expressed an interest in a vacancy, the Board of Education may interview interested candidates in public or executive session. The Board will vote to appoint a candidate to a vacancy in public session. In the event interviews are conducted in executive session, Board members, in the public session nomination and voting process, shall express their opinion in support of their vote for a candidate.
A roll call vote will be conducted on candidates in the order the candidates were nominated with a second. If there are two or more vacancies, each vacancy will be filled by a separate election process. The first candidate who receives the votes of a majority of the remaining Board members will be elected to the vacancy. In the event no candidate receives a majority vote of the remaining Board members, a second election shall be conducted between the two candidates receiving the highest number of votes.
A vacancy on the Board of Education of a county vocational school district shall be filled in accordance with N.J.S.A. 18A:54-16 et seq.
N.J.S.A. 18A:12-11; 18A:12-15;
N.J.S.A. 18A:13-5; 18A:13-10; 18A:13-11
[regional district]
N.J.S.A. 18A:54-16 [vocational district]
Adopted: January 19, 2005
Revised: October 21, 2008
====================================
0144
0144 BOARD MEMBER ORIENTATION
The preparation of each member for the performance of Board of Education duties is essential to the proper functioning of the Board. The Board encourages each new Board member in the acquisition of information about school district governance, the separate functions of the Board and the Superintendent, the operations of the district, and Board procedures.
The Board directs that each new member receive access to and/or a copy of the Board of Education Bylaw and Policy Manual, each negotiated agreement, and the current budget statement and audit report.
Each new Board member will be invited and is encouraged to meet and discuss the responsibilities and authority of a Board member, Board functions, and Board policies and procedures with the Board President (if available), the Superintendent, and the Board Secretary.
Each newly elected or appointed Board member shall complete during the first year of the member's first term a training program to be prepared and offered by the New Jersey School Boards Association, in consultation with the New Jersey Association of School Administrators, the New Jersey Principals and Supervisors Association, and the Department of Education, regarding the skills and knowledge necessary to serve as a Board member.
The training program shall include information regarding the school district monitoring system established pursuant to P.L. 2005, c. 235, the New Jersey Quality Single Accountability Continuum, and the five key components of school district effectiveness on which school districts are evaluated under the monitoring system: instruction and program; personnel; fiscal management; operations; and governance.
The Board member shall complete a training program on school district governance in each of the subsequent two years of the Board member's first term.
Within one year after each re-election or re-appointment to the Board of Education, the Board member shall complete an advanced training program to be prepared and offered by the New Jersey School Boards Association. This advanced training program shall include information on relevant changes to New Jersey school law and other information deemed appropriate to enable the Board member to serve more effectively.
The New Jersey School Boards Association shall examine options for providing training programs to Board members through alternative methods such as on-line or other distance learning media or through regional-based training.
N.J.S.A. 18A:12-33
Adopted: January 19, 2005
Revised: October 21, 2008
====================================
0145
0145 BOARD MEMBER RESIGNATION AND REMOVAL
The membership of a Board of Education member shall terminate immediately upon:
1. The cessation of the member's bona
fide residency in the school district the member represents; or
2. The member's election or
appointment to the office of mayor or member of the governing body of East
Amwell Township; or
3. The member's disqualification from
voting pursuant to N.J.S.A. 19:4-1; or
4. The member's conviction for false swearing
for having falsely affirmed or declared that he/she is qualified to vote;
5. The removal of the member by the
Commissioner of Education; or
6. Recall of a Board member pursuant
to N.J.S.A. 19:27A-1 et seq.
A member who fails to attend three consecutive regular meetings of the Board
without good cause may be removed from office on the affirmative votes of a
majority of the remaining Board members, provided that:
1. The member's removal was proposed
at the immediately previous Board meeting; and
2. Notice of the proposed removal was
given to the affected member at least two weeks in advance of the meeting at
which the vote will be taken.
N.J.S.A. 18A:12-2; 18A:12-3;
18A:12-29
N.J.S.A. 19:27A-1 et seq.
Adopted: 19 January 2005
====================================
0146
0146 BOARD MEMBER AUTHORITY
0146 BOARD MEMBER AUTHORITY
A Board member does not possess individually the authority and powers that reside in the Board of Education. No Board member by virtue of his/her office shall exercise any administrative responsibility with respect to the operation of the school district or as an individual command the services of any school district employee.
Release of Information
Board member access to public, personnel, and pupil records shall be governed by law and by the provisions of Policy Nos. 8310, 8320, and 8330.
Confidential information to which a Board member becomes privy as a result of his/her office shall be used only for the purpose of helping the member discharge his/her responsibilities as Board member. No Board member shall reveal information contained in a confidential record or received during a duly convened private session of the Board except when that information has been released to the public by the Board.
Public Expressions
Board members are entitled to express themselves publicly on any matter, including issues involving the Board and the school district. Individual Board members cannot, however, express the position of the Board except as expressly authorized, in accordance with Board Policy No. 9120. A Board member shall not represent his/her personal opinion as the position of the Board and shall include in all formal expressions in which his/her Board affiliation is likely to be recognized, such as letters to government officials or newspapers, speeches to organizations, and the like, a statement that the opinions expressed do not necessarily represent those of the Board.
Board members visiting a school shall comply with district policy and procedures for school visitors.
Members of the Board shall adhere to the Code of Ethics for Board members in Bylaw 0142.
N.J.S.A. 18A:11-1
Adopted: January 19, 2005
Revised: October 18, 2010
====================================
0148
0148 BOARD MEMBER INDEMNIFICATION
The Board of Education will indemnify Board members in accordance with law
whenever a civil, administrative, criminal or quasi-criminal action or other
legal proceeding is brought against a Board member for any act or omission
arising out of and in the course of the performance of his/her duties as Board
member. In the case of a criminal or
quasi-criminal action which results in a final disposition in favor of the
Board member, the Board will defray all costs of defending the action,
including reasonable counsel fees and expenses, together with costs of appeal,
and will save harmless and protect the Board member from any financial loss
resulting from the action.
Indemnification for exemplary or punitive damages is not required and
will be governed by the standards and procedures set forth in N.J.S.A. 59:10-4.
The Board may arrange for and maintain appropriate insurance to cover all such
damages, losses and expenses.
N.J.S.A. 18A:11.1; 18A:12-20;
18A:16-6;
18A:16-6.1; 18A:18A-46; 18A:18A-47
Adopted: 19 January 2005
====================================
0151
0151 ORGANIZATION MEETING
The Board of Education shall organize annually at a regular meeting held for
that purpose on any day of the first or second week following the annual school
election.
The meeting shall be called to order by the Board Secretary, who shall serve as
presiding officer pro tempore until the election of a President and Vice
President.
The Board Secretary shall administer the oath of office to new Board members.
N.J.S.A. 18A:10-3; 18A:10-5
N.J.S.A. 41:1-1; 41:1-3
Adopted: 19 January 2005
====================================
0151.1
0151.1 HONORING FORMER BOARD MEMBERS
The service and contributions of each member of the Board of Education shall be
recognized in the following manner.
Upon completion of a member's service, the Principal shall select and purchase
at least one but not more than three books which shall be placed in the library
for use by the students. Each book shall
contain a book plate inside the cover acknowledging that it was purchased to
recognize the service of the named Board member. In addition, the former Board member shall
receive a certificate attesting to the dates of service and expressing
appreciation for that service.
Certificates shall be presented to the Board members at the Back to
School Night following completion of their service.
This shall be the exclusive means of recognizing the service of former Board of
Education members.
Adopted: 19 January 2005
====================================
0152
0152 BOARD OFFICERS
The Board of Education shall organize by electing one of its members as President and another as Vice President.
Any member may place a member's name in nomination; a second is not required. Election for each office will be conducted by roll call vote when the nominations for that office are closed. The candidate receiving the votes of a majority of Board members
present and voting will be elected to office. In the event no candidate receives a majority of the votes cast, a second election shall be conducted between the two candidates receiving the highest number of votes. Voting shall take place by verbal roll call.
Officers shall serve for one year and until their respective successors are elected and shall qualify, but if the Board shall fail to hold the organization meeting or to elect Board officers as prescribed by N.J.S.A. 18A:15-1, the County Superintendent shall appoint from among the members of the Board a President and/or Vice-President.
A President or Vice-President who refuses to perform a duty imposed upon him/her by law may be removed by a majority vote of all of the members of the Board. In the event the office of President or Vice-President shall become vacant the Board shall, within thirty days thereafter fill the vacancy for the unexpired term. If the Board fails to fill the vacancy within such time, the County Superintendent shall fill the vacancy for the unexpired term.
N.J.S.A. 18A:15-1; 18A:15-2
Adopted: January 19, 2005
Revised: October 21, 2008
====================================
0153
0153 ANNUAL APPOINTMENTS
The Board of Education may appoint at the organizational meeting, but shall
appoint before July 1 of the year in which the Board organizes:
1. A Board Secretary,
N.J.S.A. 18A:17-2, 17-5;
2. A Treasurer of School Moneys,
N.J.S.A. 18A:17-31;
3. A public school accountant,
N.J.S.A. 18A:23-1;
4. A medical inspector,
N.J.S.A. 18A:40-1;
5. A psychological examiner,
N.J.S.A. 18A:46-11;
6. A member to serve as delegate to
the New Jersey School Boards Association,
N.J.S.A. 18A:6-46;
7. An attendance officer,
N.J.S.A. 18A:38-32;
8. A member to serve as delegate to
the Hunterdon County School Boards Association;
9. An attorney; and
10. A parliamentarian.
Adopted: 19 January 2005
====================================
0154
0154 ANNUAL MOTIONS AND DESIGNATIONS
The Board of Education shall at the organizational meeting:
1. Designate one or more depositories
for school funds, N.J.S.A. 18A:17-34;
2. Designate those persons authorized to sign
school warrants, N.J.S.A. 18A:19-1;
3. Designate the official newspaper,
N.J.S.A. 18A:22-11; 18A:39-3;
4. Designate a second newspaper for
the publication of Board meetings, N.J.S.A. 10:4-8;
5. Designate the day, place, and time
for regular meetings of the Board;
6. Approve the curriculum for all
grades; and
7. Readopt existing bylaws and
policies for the Board's operation and the operation of the school system.
Board of Education Calendar
July File annual transportation,
State aid, enrollment, and financial summary reports with County Superintendent
of Schools.
August Turn books in to
auditor for annual audit.
September Receive annual audit
report.
Approve school emergency closing procedures.
Approve substitute bus drivers and daily or
trip pay scale.
File quarterly social
security reports
(September, December, March, June).
File a
copy of each
employee and
transportation contract
with County
Superintendent.
October Within thirty days of annual
audit report,
hold hearing and forward copies of balance
sheet
and comparison of
receipts and
expenses to Division of Finance in
Trenton.
Notify Teachers' Association that
Board is
ready to start contract negotiations.
Forward cancelled bonds
to Division of
Finance in Trenton after audit is
received.
November Preliminary work on
budget.
December Complete budget
for next school
year.
Committee to
approve three copies for
County Superintendent's office.
January Set date for tentative
approval of budget.
File budget with County Office by January 15.
Appoint and notify election officials.
Secure permission from Township and County
Election Board for use of building and
machines for annual school election.
Request Signature copies from County Election
Board.
Evaluation of Chief School Administrator.
Board self-evaluation.
February Set date for budget hearing
and advertise
proposed budget.
March Advertise for bids for: fuel
oil, gasoline,
bread and rolls,
ice cream, milk, and
custodial and cafeteria supplies.
Hold public hearing and adopt budget.
Approve contracts for instructional staff.
Authorize posting of notices for election and
election notice in newspaper.
April Receive and award bids for
items advertised
in March.
Annual School Election.
Approve non-instructional contracts.
Approve transportation contracts.
Approve new school year calendar.
May Annual reorganization
meeting.
Approve application for full State Aid for
Kindergarten.
June Close financial
records for school year.
Adopted: 19 January 2005
====================================
0155
0155 BOARD COMMITTEES
The Board of Education authorizes the creation of committees of Board members
charged to conduct studies, make recommendations to the Board, and act in an
advisory capacity. Committees are not
authorized to take action on behalf of the Board.
An ad hoc committee may be created and charged at any time by the President or
a majority of the Board members present and voting. The President shall appoint members to any
committee so created and charged; members shall serve until the committee is
discharged.
Committees shall consist of no more than four Board members, one of whom shall
be the President, who shall serve as ex officio member on all Board
committees. A member may request or
refuse appointment to a committee; a member's refusal to serve on any one
committee shall not prejudice his/her appointment to another committee.
The Board reserves the right to meet and work as a Committee of the Whole in
informational, discussion, and exploratory sessions. No official action shall be taken at these
meetings, unless so advertised.
A chairperson shall be appointed by the President.
Committee meetings may be called at any time by the committee chairperson or
when a meeting is requested by a majority of the members of the committee.
Committee meetings shall not be open to the public, except that a majority of
the committee or the chairperson may open the meeting to the public or invite
persons whose knowledge or expertise may be useful to the committee.
Adopted: 19 January 2005
====================================
0157
0157 BOARD OF EDUCATION WEBSITE
For the purposes of keeping all Board of Education members fully informed and
provided with adequate information to make intelligent and prudent decisions, the
Board authorizes the Superintendent to coordinate and oversee a website to be
maintained on the Internet. All items to
be posted on the website shall be approved by the Superintendent prior to
posting. In the event that the
Superintendent finds certain material that is submitted to be of a questionable
nature, the Superintendent shall seek approval of the Board prior to posting
such material.
The types of information that may be posted on the website include, but are not
limited to:
Board public agendas
Selected Board policies
Board meeting dates
District Newsletter
School Administration Information
Curriculum updates
Job postings
School Report Card Information
School E-Mail information
Other information deemed necessary by
the Superintendent
Materials containing political or editorial points of view shall be prohibited
from the website.
The Board shall from time to time evaluate the effectiveness of the website and
recommend appropriate changes for its administration to the Superintendent who
shall effectuate appropriate changes in the operation of the website.
N.J.S.A. 18A:11-1
Adopted: 19 January 2005
====================================
0161
0161 CALL, ADJOURNMENT AND CANCELLATION
The
Board of Education shall meet in public session at least once every two months
during the period in which the schools are in session.
All
meetings shall be called to commence not later than 8:00 p.m. of the day designated.
A
meeting not regularly scheduled may be called by the Board Secretary at the
request of the President or upon the presentation to the Board Secretary of a
petition requesting a meeting and signed by a majority of the full Board.
The
Board may at any time recess or adjourn to an adjourned meeting at a time,
date, and place announced before the adjournment takes place. The adjourned meeting shall take up its
business at the point in the agenda where the motion to adjourn was passed.
When
circumstances are such as to prevent the attendance of a majority or all of
Board members or to frustrate the purpose of the meeting, a meeting may be
canceled by the Board Secretary at the request of the President. Notice of the cancellation shall be given, by
expedient means, to all Board members, to the Superintendent, and, whenever possible,
to the newspapers in which notice of Board meetings is regularly given. If possible, written notice of the
cancellation shall also be posted at the place where the canceled meeting was
scheduled to occur. Notice of the
cancellation shall include the date, time, and place of the next scheduled
meeting. Notice of the cancellation
shall be read at the next following Board meeting and shall be duly recorded in
the official minute book.
N.J.S.A. 18A:10-6
N.J.A.C. 6A:32-3.1
Adopted: 19 January 2005
Legal
Citation Revision: May 2005
====================================
0162
0162 NOTICE OF BOARD MEETINGS
The
Board of Education will give notice of all meetings in accordance with law.
Public
Notice
The
Board Secretary shall notify, in writing and no later than forty-eight hours in
advance of the meeting, each Board member and each person who has duly
requested such notification of the time, date, location, and, to the extent it
is known, the agenda of any regular, special, or rescheduled meeting. Forty-eight hour notice shall also be posted
in the Board Office, delivered to two newspapers designated by the Board, and
filed with the clerk of the Township, except that forty-eight hour notice is
not required where the time, date, and location of the meeting has been
published in the annual list of meetings approved by the Board in accordance
with law.
Upon
the affirmative vote of three-quarters of the members present, the Board may
meet in the absence of adequate notice, provided that discussion and action is
limited to specific and unforeseen or unforeseeable matters of such urgency and
importance that delay for the provision of notice would be likely to result in
substantial harm to the public interest and that notice is given as soon as
possible after the call of the meeting in accordance with the provisions of law
and this bylaw.
Personal
Notice of Meeting
The
Board shall provide personal notice in writing to an adult pupil, the parent(s)
or legal guardian(s) of a minor pupil, an employee or officer of this district,
or a prospective employee whose privacy may be invaded or whose employment may
be affected by the Board's deliberations in private session. Such personal notice will include the date
and time of the private meeting, the subject or subjects scheduled for
discussion at the private meeting, and the right of the individual given notice
to request that the discussions be conducted at a public meeting. Personal notice will be given no less than forty-eight
hours in advance of the private meeting.
A
written request for public discussion must be signed by the person making the
request and must be submitted to the Board Secretary prior to the commencement
of the meeting. Any such properly
submitted request will be granted. In
the event that one or more, but fewer than all, of a group of persons whose
employment will be discussed request a public meeting, the discussion regarding
the person or persons who have submitted the request will be severed from the
rest and will be conducted publicly.
A
discussion held in public by reason of the written request of an individual
will be conducted at a regularly scheduled meeting for which annual notice has
been given or at a meeting for which adequate public notice has been given in
accordance with law.
Nothing
in this bylaw will permit an employee to request or the Board to grant the
public discussion of tenure charges or permit the public disclosure of
information regarding a disabled pupil.
N.J.S.A. 10:4-6 et seq.; 10:4-8d; 10:4-9b
N.J.S.A. 18A:6-11; 18A:10-6
N.J.A.C. 6A:32-3.1
Adopted: 19 January 2005
Legal
Citation Revision: May 2005
====================================
0163
0163 QUORUM
A quorum shall consist of five Board members, and no business shall be
conducted in the absence of a quorum, except when the Doctrine of Necessity is
invoked.
In the event a quorum is not present at the hour of convening, the meeting may
be recessed to a time not later than 9:00 p.m. of the same day. If a quorum is not then present, the members
present may adjourn the meeting to a later date within seven days.
The Board of Education recognizes that there may be matters that come before
the Board or acts required of Board members in their official capacity where
the Board member may have a conflict of interest or the act would be in
violation of N.J.S.A. 18A:12-24. In these matters, the Board member(s) will
remove himself/herself from any discussions, meetings (informal or formal),
committee meetings, and/or a vote regarding the matter. The Board will consider this matter without
the Board member(s) who has the conflict.
In the event a matter comes before the Board or an act is required of a Board
member in his/her official capacity that is a conflict or would be in violation
of N.J.S.A. 18A:12-24, the Board would still be required to have a quorum to
consider the matter. However, the New
Jersey Department of Education and the School Ethics Commission has envisioned
this prohibition could create a situation in which so many Board members have a
conflict, that the Board would be unable to take action on a matter. Therefore, when more than a quorum of the
Board members must abstain from voting on a matter, the Board will invoke the
Doctrine of Necessity consistent with the New Jersey Department of Education
and School Ethics Commission guidelines as follows:
A. Board Member(s) in Conflict - Less
Than a Majority of The Board
1. In the event a Board member(s) has
a conflict of interest where the Board member will act in his/her official
capacity, the Board member must remove himself/herself from any discussions,
meetings (informal or formal), committee meetings, and/or a vote regarding the
matter.
2. In the event a Board member is
unsure whether he/she or any other Board member has a conflict of interest or
whether the matter, if acted upon by a Board member(s) is in violation of
N.J.S.A. 18A:12-24 - Prohibited Acts, the School Board Attorney will make a
determination.
3. The School Board Attorney will
provide the Board of Education an opinion on whether the matter is a conflict
of interest or act prohibited by
N.J.S.A. 18A:12-24 - Prohibited Acts.
4. If the Board member(s) believes
he/she has a conflict of interest where he/she will act in his/her official
capacity or if the School Board Attorney renders an opinion that the Board
member has a conflict of interest where the Board member will act in his/her
official capacity, the Board member will remove himself/herself from any
discussions, meetings (informal or formal), committee meetings, and/or a vote
regarding the matter.
B. A Majority of Board Members in
Conflict
1. In the event:
a. A Board member(s) believes he/she
has a conflict of interest where he/she will act in his/her official capacity;
or
b. If the School Board Attorney
renders an opinion that the a Board member(s) has a conflict of interest where
the Board member will act in his/her official capacity; and
c. The number of Board members that
have a conflict would make it so the Board would be unable to take action on
the matter, then the Board may invoke the "Rule [or Doctrine] of
Necessity." (Citing U.S. v. Will, 449 U.S. 200 (1980)).
C. Rule [Or Doctrine] Of Necessity
1. The Doctrine of Necessity may be
invoked when more than a quorum of the Board must abstain from voting on a
matter.
2. There are three prerequisites
necessary for a Board to invoke the Doctrine of Necessity:
a. The Board must be unable to act
without the members in conflict taking part;
b. There must be a pressing need for
action, i.e. the matter cannot be laid aside until another date; and
c. There can be no alternative forum
that can grant the same relief. (Allen
v. Toms River Regional Board of Education, 233 N.J. Super 651 (Law Division
1989).
3. When the School Board Attorney
advises the Board the Doctrine of Necessity must be invoked in order to obtain
a quorum on a vote, the Board must announce that it is invoking the Doctrine.
a. The announcement must include the
reason the Board must invoke the Doctrine of Necessity including stating the
nature of each Board members conflict.
b. The announcement will be in
writing and should be recorded in the minutes of the meeting by the Board
Secretary at the point when the vote takes place.
c. It is enough for the Board to
announce it is invoking the Doctrine and a Board Resolution is not required.
4. When the Board announces the
Doctrine of Necessity is being invoked, the details, parameters and/or other
pertinent facts of the matter to be voted should be revealed on an agenda for
the public meeting in which the matter is to be voted upon.
5. The Board members who have a
conflict in the matter are prohibited from:
a. Participating in any discussions
on the matter prior to the announcement and public meeting; and
b. From entering an executive session
in order to discuss the merits of the matter or contract; and
c. From offering their opinions on
the matter at any time prior to the announcement and public meeting.
6. The Board members who have a
conflict in the matter may only participate to the extent they may vote after
the motion to approve and/or ratify the matter has been made and seconded and
the Doctrine of Necessity has been thoroughly explained to the public.
7. Board members in conflict may only
ask questions regarding the matter to be voted on in public and after the Board
has invoked the Doctrine of Necessity.
8. Board members in conflict may
explain their reasons for not voting just before the vote.
N.J.S.A. 18A:12-24
New Jersey School Ethics Commission Advisory Opinion
A10-93(b) and A07-94
Adopted: 19 January 2005
====================================
0164
0164 CONDUCT OF BOARD MEETINGS
Parliamentary Authority
Roberts' Rules of Order, Newly Revised, shall govern the Board of Education in
its deliberations and acts in all cases in which it is not inconsistent with
statutes of the State of New Jersey, rules of the State Board of Education, or
these bylaws.
Presiding Officer
The President shall preside at all meetings of the Board. In the absence, disability, or
disqualification of the President, the Vice President shall act in his/her
place; if neither person is present, any member shall be designated by a
plurality of those present to preside.
The act of any person so designated shall be legal and binding.
Announcement of Adequate Notice
The person presiding shall commence each meeting with an announcement of the
notice given for the meeting or a statement regarding the lack of adequate
notice, in accordance with law.
Agenda
The Superintendent and the Board President shall prepare the agenda for all
meetings of the Board. In doing so, they
shall consult the Board Secretary and, if necessary, the committee chairperson.
Items of business suggested by any Board member, staff member, or citizen of
the district may be included at the discretion of the Superintendent and Board
President. The agenda shall always
allow time for the remarks of citizens, staff members, or pupils who wish to
speak briefly before the Board.
Generally, the order of business shall be as follows:
Announcement of Notice
Call to order
Roll Call
Review of agenda by Board
Approval of minutes
Public Recognition
Communication
Special Presentations
Student Activities
Secretary's Report
Treasurer's Report
Approval of bill list
Superintendent's Report
Status Report
Business from Committees
Unfinished Business
New Business
Announcements/Public Recognition
Information/Board Forum
Adjournment
The Board shall follow the order of business set up by the agenda unless the
order is altered by a majority vote of the members present and voting. Administrative staff members shall not be
considered members of the public but rather extensions of the Superintendent's
office. These staff members may be
called upon during public Board meetings by the Superintendent or Board members
for additional information or clarification of a topic on the agenda. This does not empower any administrative
staff member to participate in his/her own personnel evaluation. At a regularly scheduled meeting, notice of
which has been provided in the annual schedule of meetings, items of business
not on the agenda may be discussed and acted upon if a majority of the Board
present and voting agrees to consider them.
However, existing Board policies and bylaws may not be revised or new
ones adopted unless the proposals are on the written agenda.
The agenda, together with supporting materials, shall be available to Board
members, at least two business days prior to the Board meeting to permit them
to give items of business careful consideration. The agenda shall also be made available to
the press, representatives of community and staff groups, and others, upon
request.
N.J.S.A. 10:4-10
N.J.S.A. 18A:16-1.1
Adopted: 19 January 2005
====================================
0165
0165 VOTING
All Board of Education actions requiring a vote may be conducted by voice, show
of hands, or roll call provided that the vote of each member is recorded in the
minutes of the meeting. Proxy voting
shall not be permitted.
Abstentions shall not be counted as votes but shall be recorded; a member who
abstains from voting is deemed to acquiesce in the outcome of the vote.
All motions shall require for adoption the majority vote of Board members
present and voting, except as provided by statutes of the State of New Jersey,
this bylaw, or parliamentary authority and provided that the number of
affirmative votes is at least a majority of the Board's quorum.
1. The affirmative votes of
three-quarters of the members present are required for the conduct of a Board
meeting when adequate notice has not been provided in accordance with law,
N.J.S.A. 10:4-9;
2. A two-thirds vote of the full
membership of the Board is required for:
a. Bids that have been advertised
pursuant to N.J.S.A. 18A:18A-4 on two occasions and;
(1) No bids have been received on
both occasions in response to the advertisement; or
(2) The Board of Education has
rejected such bids on two occasions because it has determined that they are not
reasonable as to price, on the basis of cost estimates prepared for or by the Board
of Education prior to the advertising therefore, or have not been independently
arrived at in open competition; or
(3) On one occasion no bids were
received pursuant to #(1) and on one occasion all bids were rejected pursuant
to #(2), in whatever sequence; any such contract may then be negotiated.
b. Purchase of goods also available
under state contract when the Board has received at least three quotations and
the lowest responsible quotation is at least ten percent less than the price under
the state contract for the identical goods and quantities, N.J.S.A.
18A:18A-5.e;
c. Determine that it is necessary, in
a Type II school district having a Board of School Estimate, to sell bonds to
raise money for any capital project, N.J.S.A. 18A:22-27; and
d. Sell bonds of a Type II district
without further advertisement at private sale if no legally acceptable bid is
received for the bonds pursuant to N.J.S.A. 18A:24-45.
3. A majority vote of the full
membership of the Board is required for:
a. Admission after October 1 of a
pupil who has never attended school, N.J.S.A. 18A:38-6;
b. Adoption or alteration of a course
of study, N.J.S.A. 18A:33-l;
c. Application for membership in an
established county audiovisual aid center, N.J.S.A. 18A:51-11;
d. Appointment of a Superintendent,
N.J.S.A. 18A:17-15; School Business Administrator, N.J.S.A. 18A:17-14.1; Board
Secretary, N.J.S.A. 18A:17-5; Assistant Board Secretary, N.J.S.A. 18A:17-13;
Administrative Principals, N.J.S.A. 18A:17-20.5; and Shared Superintendent or
School Business Administrator, N.J.S.A. 18A:17-24.3. Appointment and removal of Assistant
Superintendent(s), N.J.S.A. 18A:17-16 and appointment, salary, and removal of
Business Manager in Type I school district, N.J.S.A. 18A:17-25.
e. Appointment, transfer, removal
and/or renewal of teaching/certificated and/or non-certificated staff members,
N.J.S.A. 18A:25-1, 27-1;
f. Fix and determine, in a Type II
district having no Board of School Estimate, the amount of money to be raised
for budgets and capital construction, N.J.S.A. 18A:22-32, 22-39;
g. Approval of employee salary
deductions for hospital and insurance plans and government bonds, N.J.S.A.
18A:16-8;
h. Authorization, in Type II school
districts, of school bonds, N.J.S.A. 18A:24-10;
i. Decision
to establish with other school districts a county audiovisual educational aid
center, N.J.S.A. 18A:51-1;
j. Determination of sufficiency of
charges warranting dismissal or reduction in salary of a tenured employee,
N.J.S.A. 18A:6-11;
k. Disposition or exchange of lands
owned by the Board, N.J.S.A. 18A:20-5, 20-8;
l. Purchase of bonds or other
obligations as investments, N.J.S.A. 18A:20-37;
m. Removal of the President or Vice
President of the Board, N.J.S.A. 18A:15-2;
n. Restoration or removal following
suspension of an Assistant Superintendent, Principal, or teacher, N.J.S.A.
18A:25-6;
o. Selection of textbooks, N.J.S.A.
18A:34-1;
p. Withholding a salary increment,
N.J.S.A. 18A:29-14;
q. Direct the Secretary of the Board
to deduct salaries of employees to participate in any plan for the purchase of
bonds of the United States government, N.J.S.A. 18A:16-8;
r. Appointment and salary of
Executive Superintendent in district in city of the first class with a
population over 325,000 have a unit control organizational structure.
4. A roll call vote of the Board is
required for the following actions with the necessary vote as indicated:
Issue Required Vote
a. Salary deductions Majority of
for government bonds full Board
N.J.S.A. 18A:16-8
b. Appointment of a Majority of
secretary of Board of full Board
Education; terms;
compensation; vacancy
N.J.S.A. 18A-17-5
c. Assistant and Majority of
acting secretaries; full Board
appointment, powers
and duties N.J.S.A.
18A:17-13
d. Appointment of Majority of
Superintendents; full Board
terms; apportionment
of expense N.J.S.A.
18A:17-15
e. Appointment and Majority of
removal of Assistant full Board
Superintendents
N.J.S.A. 18A:17-16
f. Appointment of Majority of
Administrative full Board
Principals N.J.S.A.
18A:17-20.5
g. Appointment of Majority of the
shared Superintendent, membership of
School Business each Board
Administrator; terms
N.J.S.A. 18A:17-24.3
h. Appointment; Majority of
salary; removal of full Board
Business Managers
N.J.S.A. 18A:17-25
i. Unit
control Majority of
organizational full Board
structure; Executive
Superintendent
N.J.S.A. 18A:17A-1
j. Disposition of Majority of
property N.J.S.A full Board
18A:20-5
k. Exchange of lands Majority of
N.J.S.A. 18A:20-8 full Board
l. Type II districts Majority of
with Board of School full Board
Estimate;
determination;
certification and
raising of
appropriations;
notice of appeal
N.J.S.A. 18A:22-26
m. Type II districts Two thirds of
with Boards of School full membership
Estimate; estimate by of Board
Board of Education;
certification of
estimate N.J.S.A.
18A:22-27
n. Determination of Board of School
amounts by Board of
Estimate
School Estimate majority of
N.J.S.A. 18A:22-31 full Board
o. Type II districts Majority of
without Board of full Board
School Estimate;
determination and
certification of
appropriation N.J.S.A.
18A:22-32
p. Type II districts Majority of
without Board of full Board
School Estimate;
submission of capital
projects N.J.S.A.
18A:22-39
q. School bonds, when Majority of
deemed to be full Board
authorized Type II.
N.J.S.A 18A:24-10
r. Private sale if no Two thirds of
bids at public sale full membership
N.J.S.A. 18A:24-45 of Board
s. Transfer of teaching Majority of
staff member N.J.S.A. full Board
18A:25-1
t. Suspension of Majority of
Assistant membership
Superintendents,
Principals and
teaching staff members
N.J.S.A. 18A:25-6
u. Appointment of Majority of
teaching staff full Board
members; vote required
N.J.S.A. 18A:27-1
v. Board of Education, Majority of
procedure for certain full Board
personnel actions;
recommendation of
Chief School
Administrator
N.J.S.A. 18A:27-4.1
w. Renewal of personnel Majority of
N.J.S.A. 18A:27-4.1 full Board
x. Withholding Majority of
increments; causes full Board
notice of appeals
N.J.S.A. 18A:29-14
y. District to furnish Majority of
suitable facilities; full Board
adoption of courses
of study N.J.S.A.
18A:33-1
z. Textbooks; selection; Majority of
furnished free with full Board
supplies;
appropriations
N.J.S.A. 18A:34-1
aa. Single county Majority of
educational full membership
audiovisual aids
center in county
N.J.S.A. 18A:51-11
N.J.S.A. 10:4-14
Adopted: 19 January 2005
====================================
0166
0166 EXECUTIVE SESSIONS
The Board of Education may meet in a private session only to discuss and act on
issues exempted by law from the requirement that all Board meetings be public
and only after the adoption at a public meeting of a resolution stating the
general nature of the subject or subjects to be discussed and, as precisely as
possible, the time when and circumstances under which the discussion conducted
in private session can be disclosed to the public.
The Board may exclude the public only from that portion of a meeting at which
the Board discusses:
1. Any matter that has been rendered
confidential by express provision of federal or state law or rule of court;
2. Any matter in which the release of
information would impair a right to receive funds from the Government of the
United States;
3. Any material the disclosure of
which constitutes an unwarranted invasion of a pupil's privacy, including but
not limited to records, data, reports, or recommendations relative to the
pupil's personal and family circumstances, treatment, progress or condition,
unless the adult pupil or the pupil's parent(s) or legal guardian(s) requests
in writing that the same be disclosed publicly;
4. Any Collective Bargaining
Agreement, or the terms and conditions that are proposed for inclusion in any
Collective Bargaining Agreement, including the negotiation of the agreement
with school district employees or representatives of employees;
5. Any matter involving the purchase,
lease, or acquisition of real property with public funds or the investment of
public funds, where it could adversely affect the public interest if discussion
of such matters were disclosed;
6. Any tactics and techniques
utilized in protecting the safety and property of the public when their
disclosure could impair such protection and any investigations of violations or
possible violations of the law;
7. Any pending or anticipated
litigation or contract negotiation other than as stated in #4 in which the
Board is or may become a party and any matters falling within the
attorney-client privilege, to the extent that confidentiality is required in
order for the attorney to exercise his/her ethical duties as a lawyer;
8. Any matter involving the
employment, appointment, termination of employment, terms and conditions of
employment, evaluation of the performance of, promotion or disciplining of any
specific prospective public officer or employee or current public officer or
employee employed or appointed by the Board, unless the individual employees or
appointees whose rights could be adversely affected request in writing that such
matter or matters be discussed at a public meeting, except that, regardless of
the employee's request, the consideration and actions of the Board as to any
tenure charge shall be conducted in private session;
9. Any deliberations occurring after
a public hearing that may result in the imposition of a specific civil penalty
upon the responding party or the suspension or loss of the responding party's
certification as a result of an act or omission for which the responding party
bears responsibility.
N.J.S.A. 10:4-12; 10:4-13
N.J.S.A. 18A:6-11
Adopted: 19 January 2005
====================================
0167
0167 PUBLIC PARTICIPATION IN BOARD MEETINGS
The Board of Education recognizes the value of public comment on educational issues and the importance of allowing members of the public to express themselves on school matters of community interest.
In order to permit the fair and orderly expression of such comment, the Board shall provide a period for public comment at every regularly scheduled meeting of the Board.
Public participation shall be permitted at the discretion of the presiding officer.
Public participation shall be extended to residents of this district, persons having a legitimate interest in the actions of this Board, persons representing groups in the community or school district, representatives of firms eligible to bid on materials or services solicited by the Board, and employees and pupils of this district, except when the issue addressed by the participant is subject to remediation by an alternate method provided for in policies or contracts of the Board.
Public participation shall be governed by the following rules:
1. A participant must be recognized by the presiding officer and must preface comments by an announcement of his/her name, place of residence, and group affiliation, if appropriate;
2. Each statement made by a participant shall be limited to 3 minutes' duration.
3. No participant may speak more than once on the same topic until all others who wish to speak on that topic have been heard;
4. All statements shall be directed to the presiding officer; no participant may address or question Board members individually;
5. The presiding officer may:
a. Interrupt, warn, or terminate a participant's statement when the statement is too lengthy, abusive, obscene, or irrelevant;
b. Request any individual to leave the meeting when that person does not observe reasonable decorum;
c. Request the assistance of law enforcement officers in the removal of a disorderly person when that person's conduct interferes with the orderly progress of the meeting;
d. Call for a recess or an adjournment to another time when the lack of public decorum so interferes with the orderly conduct of the meeting as to warrant such action; and
e. Waive these rules when necessary for the protection of privacy or the efficient administration of the Board's business.
N.J.S.A. 2C:33-8
N.J.S.A. 10:4-12
Adopted: January 19, 2005
Revised: October 21, 2008
====================================
0168
0168 RECORDING BOARD MEETINGS
The Board of Education directs the creation and maintenance of an official
record of the formal proceedings of the Board and will permit the unofficial
recording of Board meetings in accordance with this bylaw.
Minutes
The Board shall keep reasonably comprehensible minutes of all its meetings
showing the time and place, the members present, the subject considered, the
actions taken, the vote of each member, information sufficient to explain the
actions taken, and any other information required to be shown in the minutes by
law.
Minutes of public meetings shall be public records signed by the Board
Secretary and filed in the Secretary's office in a minute book as the permanent
record of the acts of this Board.
Minutes of executive meetings shall be filed in the Secretary's office in a
place separate from the minute book until the time, if any, when the
proceedings may be made public. At that
time, the minutes shall be public records and shall be filed in the regular
minute book.
The Secretary shall provide each Board member with a copy of the minutes no
later than two days before the next regular Board meeting.
Recording by the Public
Any member of the public may record the proceedings of a public meeting of the
Board in a manner that does not interrupt the proceedings, inhibit the conduct
of the meeting, or distract Board members or other observers present at the
meeting.
The Board will permit the use of tape recorder(s), still or movie camera(s), or
videotape camera(s) only when notice of such intended use has been given to the
Board Secretary five days in advance of the meeting. No more than two cameras may be in use at any
time, and any camera must be operated in an inconspicuous location in the
meeting room.
The presiding officer shall determine when any recording device interferes with
the conduct of a Board meeting and may order that an interfering device be
removed.
Any record of a Board meeting that is made available to persons other than the
maker of the record and is set forth as a true and accurate record of that
meeting must be open to inspection by the Board and may be copied by this Board
at the Board's expense.
N.J.S.A. 10:4-14
Adopted: 19 January 2005
====================================
0171
0171 DUTIES OF PRESIDENT AND VICE PRESIDENT
0171 DUTIES OF BOARD PRESIDENT AND VICE PRESIDENT
The President of the Board of Education shall:
1. Preside at all meetings of the Board;
2. Require the Board Secretary to call special meetings of the Board, N.J.A.C. 6A:32-3.1;
3. Sign all school district warrants, N.J.S.A. 18A:19-1;
4. Certify to all payrolls, N.J.S.A. 18A:19-9;
5. Subscribe bonds, notes, contracts, and other legal instruments for which the signature of the President is required, N.J.S.A. 18A:24-32;
6. Issue subpoenas to compel attendance of witnesses and production of documents, N.J.S.A. 18A:6-20;
7. Appoint all committees of the Board and serve as committee member ex officio in accordance with Board Bylaw No. 0155;
8. Serve as committee member ex-officio in accordance with Board Bylaw 0155;
9. Assist in the preparation of the Board agenda.
The Vice President shall assume and discharge the duties of the President in the President's absence, disability, or disqualification. N.J.S.A. 18A:16-1.1
Adopted: January 19, 2005
Revised: October 18, 2010
====================================
0172
0172 DUTIES OF TREASURER OF SCHOOL MONIES
The Treasurer of School Monies shall:
1. Receive and hold in trust all
school monies, except monies from athletic events and pupil organization
activities, and deposit them in the bank or banks designated by the Board,
N.J.S.A. 18A:17-34;
2. Pay out school monies only on
warrants made payable to the person entitled to receive payment and specifying
the object for which it is issued and signed by the President, Secretary and
Treasurer, N.J.S.A. 18A:19-1;
3. Receive school employee payrolls
and a warrant for the full amount of each payroll certified by the President
and Secretary, deposit the warrants in a separate payroll account, and issue
individual checks drawn on such account to each employee, N.J.S.A. 18A:19-9,
19-10;
4. Give public notice when funds are
on hand for payment of interest bearing warrants issued for which no funds were
available, N.J.S.A. 18A:19-12;
5. Keep a record of monies received
and paid out in books provided for that purpose and in accordance with a
bookkeeping system prescribed by the State Board, N.J.S.A. 18A:17-35;
6. Pay over the balance of school
funds on hand to his/her successor, N.J.S.A. 18A:17-35;
7. Render a monthly report to the
Board giving a detailed account of all receipts, the amounts of all warrants
issued, the accounts from which they were drawn and the balance in each
account, N.J.S.A. 18A:17-36;
8. Render an annual report showing
the amounts received and disbursed by him/her during the school year and file a
copy with the County Superintendent,
N.J.S.A. 18A:17-36; and
9. Receive the proceeds of any bond
sale and disburse them only to pay the expenses of issuing and selling the
bonds, the purpose for which the bonds were issued, and the temporary
investment of the funds, N.J.S.A. 18A:24-47.
Adopted: 19 January 2005
====================================
0173
0173 DUTIES OF PUBLIC SCHOOL ACCOUNTANT
0173 DUTIES OF PUBLIC SCHOOL ACCOUNTANT
The Board will engage only a licensed public school accountant to conduct the annual audit in accordance with N.J.S.A. 18A:23-1 et seq. The accountant must have an external peer/quality report performed in accordance with N.J.A.C. 6A:23A-16.2(i)1, unless the accountant or firm can show good cause as to why there was a delay completing such report within the required timelines established by Government Auditing Standards issued by the Comptroller General of the United States. The Board will require the submission of the most recent external peer/quality report for review and evaluation prior to the appointment of the licensed public school accountant. The Board will acknowledge the receipt, review, and evaluation of the external peer/quality report in the public session and Board minutes in which the accountant or firm to perform the audit is engaged.
The Board will require the submission of an updated external peer/quality report of the accountant within thirty days after the issuance date of the external peer/quality report if the report is issued prior to the date of the audit opinion for the most recent fiscal year.
In accordance with NJOMB Circular Letter 98-07, the public school accountant will provide a copy of the most recent external peer/quality report to the Department of Education, within thirty days after the initial engagement by the Board and within thirty days after the issuance of a subsequent peer/quality report.
The Board shall engage a public school accountant during the audit engagement period for non-auditing, management, or other consulting services only if such services comply with the independent standards as established in Government Auditing Standards (Yellow Book) by the Comptroller General of the United States.
The Board may be prohibited for good cause by the Commissioner of Education from engaging a particular licensed public school accountant, or may be directed by the Commissioner on a process to be used in the appointment of a licensed public school accountant pursuant to N.J.A.C. 6 6A:23A-16.2(i)4.
The public school accountant will complete the annual audit as required by the Department of Education and N.J.S.A. 18A:23-2. Each annual audit shall include an audit of the books, accounts and moneys, and verification of all cash and bank balances of the Board and of any officer or employee and of moneys derived from athletic events or other activities of any organization of pupils conducted under the auspices of the Board, from the date of the last annual audit to the date of the current audit. The audit will also include a determination of the extent to which the district used contracts entered into by the State Division of Purchase and Property pursuant to P.L. 1969 c. 104 (C. 52:25-16.1 et seq.) in the purchase of materials, supplies or equipment for the district. The report of each audit will be completed in accordance with the time requirements of N.J.S.A. 18A:23-1 and will be filed by the public school accountant in accordance with N.J.S.A. 18A:23-2.3.
Within thirty days following receipt of the report the Board, at a regularly scheduled public meeting, will cause the recommendations of the accountant to be read and discussed and the discussion will be duly noted in the Board meeting minutes in accordance with N.J.S.A. 18A:23-5. The Board Secretary will prepare or have prepared a summary of the annual audit for this Board meeting in accordance with N.J.S.A. 18A:23-4.
N.J.S.A. 18A:23-1 et seq.
N.J.A.C. 6A:23A-16.2
Cross reference: Policy Guide No. 6830
Adopted: January 19, 2005
Revised: October 18, 2010
====================================
0174
174 DUTIES OF BOARD ATTORNEY
The Board attorney shall, upon the request of the Board:
1. Advise the Board as to the proper legal and contractual procedures in which
the Board must take action or make a decision;
2. Be accessible for consultation with the Superintendent, Board President and School Business Administrator/Board Secretary concerning legal matters;
3. Attend all public meetings of the Board;
4. Attend private meetings of the Board when requested to do so by the Superintendent or Board President;
5. Act as counsel for the Board in prosecuting or defending any action or suit to which the Board is party;
6. Perform such other special legal services as the Board may from time to time prescribe; and
7. Keep the Board informed on all legislation affecting the school system and call to the attention of the Board proposed new legislation that may affect the district.
N.J.S.A. 18A:12-20; 18A:24-13.1
Adopted: 19 January 2005
0174 LEGAL SERVICES
In accordance with N.J.A.C. 6A:23A-5.2, the Board of Education adopts this Policy and its strategies to ensure the use of legal services by employees and the Board of Education members and the tracking of the use of legal services.
The Board of Education authorizes the Superintendent of Schools,
· Superintendent of Schools' designee
· School Business Administrator/Board Secretary
· Board President
· Building Principal
· C.S.T. Director
as designated contact persons to request services or advice from contracted legal counsel.
The School Business Administrator shall be responsible to review all legal bills and confer with designated contact persons in reviewing such legal bills.
In accordance with the provisions of N.J.A.C. 6A:23A-5.2(a)2, the Board designates the administrative staff member to review all legal bills and designates contact persons to ensure the prudent use of legal services.
School districts with legal costs that exceed one hundred thirty percent of the Statewide average per pupil amount should establish the procedures outlined in 1., 2., 3., and 4. below and, if not established, provide evidence such procedures would not result in a reduction of costs.
1. The designated contact person(s) shall ensure that contracted legal counsel is not contacted unnecessarily for management decisions or readily available information contained in district materials such as Board policies, administrative regulations, or guidance available through professional source materials.
2. All requests for legal advice shall be made to the designated contact person(s) in writing and shall be maintained on file in the district offices. The designated contact person shall determine whether the request warrants legal advice or if legal advice is necessary.
3. The designated contact person(s) shall maintain a log of all legal counsel contact including the name of the legal counsel contacted, date of the contact, issue discussed, and length of contact.
4. All written requests for legal advice and logs of legal counsel contacts shall be forwarded to the (administrator responsible for maintaining district files of requests for legal advice and logs of legal counsel contacts) School Business Administrator, who shall be responsible to compare all legal bills to the contact logs and to investigate and resolve any variances.
Any professional services contract(s) for legal services shall prohibit advance payments. Services to be provided shall be described in detail in the contract and invoices for payment shall itemize the services provided for the billing period. Payments to legal counsel(s) shall only be for services actually provided.
School districts and vocational school districts are prohibited from contracting with legal counsel or using in-house legal counsel to pursue any affirmative claim or cause of action on behalf of district administrators and/or any individual Board members or pursuing any claim or cause of action for which the damages to be awarded would benefit an individual rather than the school district as a whole.
The Board of Education will annually establish prior to budget preparation, a maximum dollar limit for each type of professional service, including legal services. In the event it becomes necessary to exceed the established maximum dollar limit for the professional service, the Superintendent of Schools shall recommend to the Board of Education an increase in the maximum dollar amount. Any increase in the maximum dollar amount shall require formal Board action.
Contracts for legal services will be issued by the Board in a deliberative and efficient manner that ensures the district receives the highest quality services at a fair and competitive price or through a shared service arrangement. This may include, but is not limited to, issuance of such contracts through a Request for Proposals (RFP) based on cost and other specified factors or other comparable processes. Contracts for legal services shall be limited to non-recurring or specialized work for which the district does not possess adequate in-house resources or in-house expertise to conduct.
N.J.A.C. 6A:23A-5.2
Adopted: October 21, 2008
Revised: April 27, 2010
====================================
0175
0175 CONTRACTS WITH INDEPENDENT CONSULTANTS
The Board of Education may from time to time engage the services of one or more
independent contractors to advise and assist the Board in analyzing school
district operations and preparing Board reports when those tasks cannot be
performed as economically by district staff members.
Wherever possible, the Board will seek proposals from multiple sources before a
contract with an independent consultant is entered. The Board will not contract with a Board
member or the spouse, child, parent(s) or legal guardian(s), or sibling, in
fact or in law, of a Board member as an independent consultant.
The Board will engage the services of an independent consultant only by written
contract, which must specify the work to be accomplished by the consultant, the
time within which the work is to be completed, and the fee that will be paid
the consultant. An independent
consultant engaged by the Board is neither agent nor employee of the Board and
may represent the Board only as expressly authorized to do so in writing.
An independent consultant may have access to such school facilities and school
district employees as may be reasonably required in the performance of the
consultant's contract with the Board.
Except as expressly permitted by the contract, any communication between
the consultant and a district employee or community member regarding the work
of the contract must be conducted through the Board or a designated school official.
Materials and reports generated and created by the independent consultant in
the performance of his/her contract with the Board are and will remain the
property of the Board and are subject to Board Policy No. 8310 on public
records.
Adopted: 19 January 2005
====================================
0176
176
COLLECTIVE
BARGAINING AND CONTRACT
APPROVAL/RATIFICATION
The Board recognizes a Board member and/or a member of his/her immediate family
may be a member of, or salary is determined by, a labor bargaining unit,
professional association and/or union that has an affiliation with a bargaining
unit, professional organization and/or union within the school district. The Board member does not automatically violate
N.J.S.A. 18A:24 by voting to approve and/or ratify this contract solely on the
basis of his/her status or that of an immediate family member with respect to
membership or representation by a different local affiliate of the same
statewide association with whom the agreement is made provided the Board
member's involvement with such local affiliate has not or appears to have not
compromised the member's objectivity or independence of judgment.
In accordance with N.J.S.A. 18A:12-24, the Board member shall not participate
in the collective bargaining process and/or serve on the negotiations committee
representing the Board with this unit, association, and/or union. The Board member may be apprised of the terms
of a tentative memorandum of agreement with this unit, association, and/or
union in closed and/or open session only after a tentative memorandum of
agreement has been reached. The Board
member may vote during the public meeting to approve and/or ratify a contract
with this bargaining unit, professional association and/or union.
The Board member shall not participate in any aspect of negotiations and/or
vote to approve/ratify a tentative memorandum of agreement/contract
ratification if the Board member has an immediate family who is a member of the
bargaining unit, professional association and/or union within the school
district. Under this circumstance, the
Board member may only vote in the event the school board attorney advises the
Board the Doctrine of Necessity must be invoked in accordance with Policy No.
0163.
In addition, the School Ethics Commission Decision A16-00 states a Board member
may not participate in any aspect of negotiations and/or vote to approve/ratify
a tentative memorandum of agreement/contract ratification if the Board member
has a "relative" who is a member of the bargaining unit, professional
association and/or union within the school district. Under this circumstance, the Board member may
only vote in the event the school board attorney advises the Board the Doctrine
of Necessity must be invoked in accordance with Policy No. 0163.
N.J.S.A. 18A:12-21 et. seq.
New Jersey School Ethics Commission Advisory Opinion
A02-00 and A16-00
Commissioner of Education Decision - In the Matter of
Bruce White, Ewing Township Board of
Education,
Mercer County - June 1, 2000
New Jersey State Board of Education Decision - In the
Matter of Frank Pannucci,
Board of Education of Brick
Township, Ocean County - March 3, 2000
Adopted: 19 January 2005
====================================
0177 PROFESSIONAL SERVICES
In accordance with N.J.A.C. 6A:23A-5.2, the Board of Education adopts this Policy and its strategies to minimize the cost of professional services.
The Board of Education will establish annually prior to budget preparation a maximum dollar limit for each type of professional service. In the event it becomes necessary to exceed the established maximum dollar limit for the professional services, the Superintendent of Schools shall recommend to the Board of Education an increase in the maximum dollar amount. Any increase in the maximum dollar amount shall require formal Board action.
Contracts for professional services will be issued by the Board in a deliberative and efficient manner that ensures the district receives the highest quality services at a fair and competitive price or through a shared service arrangement. This may include, but is not limited to, issuance of such contracts through a Request for Proposals (RFP) based on cost and other specified factors or other comparable processes. Contracts for professional services shall be limited to non-recurring or specialized work for which the district does not possess adequate in-house resources or in-house expertise to conduct.
Nothing in this Policy or N.J.A.C. 6A:23A-5.2 shall preclude the Board from complying with the requirements of any statute, administrative code, or regulation for the award of professional services contracts.
N.J.A.C. 6A:23A-5.2
Adopted: October 21, 2008
Revised: April 27, 2010
====================================
1000
1000 ADMINISTRATION
1000 ADMINISTRATION
Number Title
1100 District Organization
1110 Organizational Chart
1120 Management Team
1130 Staff Liaison Committees
1131 Unit Leader
1140 Affirmative Action Program
1210 Board-Superintendent Relations
1220 Employment of Chief School Administrator
1230 Superintendent's Duties
1240 Evaluation of Superintendent
1260 Incapacity of Superintendent
1310 Employment of School Business Administrator/Board
Secretary
1320 Duties of the School Business Administrator/
Board Secretary
1330 Evaluation of the School Business Administrator
1331 Evaluation of the Board Secretary
1350 Incapacity of School Business Administrator/Board
Secretary
1400 Job Descriptions
1450 Instructional Assistant/Speech Language Therapy
1510 Rights of Persons With Handicaps or Disabilities/Policy on Non-
Discrimination
1522 School-level Planning
1523 Comprehensive Equity Plan
1530 Equal Employment Opportunities
1540 Administrator's Code of Ethics
1550 Affirmative Action Program for Employment and Contract
Practices
1570 Internal Controls
1620 Administrative Employment Contracts
====================================
1100
1100 DISTRICT ORGANIZATION
The Board of Education directs the establishment and implementation of an
organizational plan for the management and control of school district
operations. The plan will require the
identification and resolution of problems at appropriate organizational
levels. All references to school
district administrators in policies or regulations shall be construed to mean
that administrator or his/her designee.
All members and employees of this Board are directed to observe faithfully the
chain of communications established by the district organizational plan. In general, a problem should be identified
and its resolution attempted at the level most immediate to the problem's
origin. When a resolution cannot be
found at that level, remedy may be sought through appropriate resolution and
remediation procedures.
The Board expressly disapproves of any attempt to expedite the resolution of a
problem by disregard of the organizational plan and the appropriate
processes. A staff member's persistent
disregard for the established management organization of this district in
violation of this policy will be considered an act of insubordination subject
to discipline.
N.J.S.A. 18:11-1; 18A:27-4
Adopted: 19 January 2005
====================================
1120
1120 MANAGEMENT TEAM
The Board of Education recognizes the value of a system of management organization
that enhances communication among administrators and between the administration
and the Board, encourages a shared responsibility for educational policy
decisions, and provides for the equitable resolution of conflicts.
The Board directs the Superintendent to establish a management team that
includes the Superintendent and those administrative, supervisory, and support
staff members who are responsible for employee evaluation, the adjudication of
grievances, supervision of employees, or recommendations regarding the
employment of employees.
The Superintendent shall institute a management team system that will provide a
means for:
1. Submitting recommendations to the
Board on issues of educational policy;
2. Addressing the economic concerns
and working conditions of management team members, including their job
descriptions, evaluation, salaries, fringe benefits, promotions, assignments,
and transfers;
3. The development of administrative
procedures; and
4. The consideration of such
additional and appropriate issues as may be identified by the Superintendent or
the management team.
N.J.S.A. 18A:11-1; 18A:27-4
Adopted: 19 January 2005
====================================
1130
1130 STAFF LIAISON COMMITTEES
The Board of Education encourages the Superintendent to maintain close liaison
with staff members in order to coordinate district programs and operations, to
consult with appropriate staff members in developing administrative regulations
and formulating recommendations for Board consideration, and to detect and
resolve problems as they may arise.
The Superintendent is authorized to establish such staff liaison committees as
he/she may deem necessary.
No staff liaison committee can be delegated the authority to make decisions or
take action that is reserved to the Board or the Superintendent. Committee reports and recommendations may be
advisory only.
Adopted: 19 January 2005
====================================
1131 UNIT LEADER
The Unit Leader is an additional duty for a teacher. The chief function of the Unit Leader is to facilitate communication between the staff and the Superintendent. To this end, the Unit Leader:
1. Acts as a liaison between the staff and Superintendent;
2. Communicates to his unit information relative to that unit;
3. Coordinates the unit’s efforts writing curriculum;
4. Communicates to the Superintendent the concerns and initiatives of his unit;
5. Facilitates a cooperative working relationship between the unit and the Superintendent.
These duties shall be in addition to the Unit Leader’s performance responsibilities as a classroom teacher.
- There will be a minimum of two meetings a month with the Superintendent.
- Minimum of one meeting a month with his unit.
- Unit Leader shall be appointed annually by the Superintendent.
Staff members interested in serving as a Unit Leader shall apply for the position at the end of June for the next school year.
The term of appointment is for one school year, namely September – June.
Each Unit Leader will receive a stipend, the amount of which will be established each year by the Board of Education.
Performance of the Unit Leader will be evaluated in accordance with New Jersey statutes on evaluation and the provisions of the Board Policy on evaluation of certified personnel.
Adopted: 19 January 2005
====================================
1210
1210 BOARD-SUPERINTENDENT RELATIONS
The Board of Education believes that it is the primary duty of the Board to
establish policies and the primary duty of the Superintendent to implement and
administer those policies.
The Superintendent, as Chief Administrative Officer of the school district, is
the primary professional advisor to the Board.
Policy should not be adopted or revised without consultation with the
Superintendent.
The Superintendent is responsible for the development, supervision, and
operation of the school program and facilities and will be given latitude to
implement and administer policies in accordance with such standards as may have
been set forth in the policies. The
Superintendent will discharge his/her responsibility in part through the
establishment and promulgation of administrative regulations.
In evaluating the effectiveness of Board policy in meeting the goals of the
district, the Board will request the Superintendent to make appropriate
inquiries, investigations, and reports.
Adopted: 19 January 2005
====================================
1220 EMPLOYMENT OF CHIEF SCHOOL ADMINISTRATOR
The Board of Education vests the primary responsibility for the administration of this school district in a Superintendent of Schools and recognizes the appointment of a person to that office is one of the most important functions this Board can perform. The Superintendent shall have a seat on the Board of Education and the right to speak on matters at meetings of the Board (pursuant to N.J.S.A. 18A:17-20.a or N.J.S.A. 18A:17-20.b), but shall have no vote.
The Superintendent shall devote himself or herself exclusively to the duties of the office.]
Recruitment Procedures
The Board shall actively seek the best qualified and most capable candidate for the position of Superintendent. The Board may use a consultant service to assist in the recruitment process. Recruitment procedures may include, but are not limited to, the following activities:
1. The preparation of a new or a review of an existing written job description;
2. Preparation of informative material describing the school district and its educational goals and objectives;
3. Where feasible, the opportunity for applicants to visit the district;
4. Establish an interview process that encourages the candidate and the Board members to have a meaningful discussion of the school district’s needs and expectations. The Board members shall review and discuss the candidate’s credentials, qualifications, educational philosophy, and other qualities and expertise he/she can offer to the district;
5. Solicitation of applications from a wide geographical area; and
6. Strict compliance with law and Policy No. 1530 on equal employment opportunity.
Qualifications
The candidate must possess or be eligible for a valid New Jersey administrative certificate endorsed for school administrator or a provisional school administrator’s endorsement in accordance with N.J.A.C. 6A:9-12.4 et seq. and must qualify for employment following a criminal history record check.
The candidate shall meet criteria established by the Board.
Employment Contract
A person appointed Superintendent must enter an employment contract with the Board. An employment contract for the Superintendent of Schools shall be reviewed and approved by the Executive County Superintendent in accordance with the provisions of N.J.A.C. 6A:23A-3.1 and Policy 1620. Any actions by the Executive County Superintendent undertaken pursuant to N.J.A.C. 6A:23A-3.1 may be appealed to the Commissioner pursuant to the procedures set forth in N.J.A.C. 6A:3.
The employment contract with the Superintendent must be approved with a recorded roll call majority vote of the full membership of the Board at a public Board meeting.
In the event there is a Superintendent vacancy at the expiration of the existing contract, only the Board seated at the time of the expiration of the current Superintendent’s contract may appoint and approve an employment contract for the next Superintendent.
In the event there is a Superintendent vacancy prior to the expiration of the existing contract, the Board seated at the time the position becomes vacant may appoint and approve an employment contract for the next Superintendent.
The contract for the Superintendent who does not acquire tenure, but who holds tenure during the term of his/her employment contract will include: a term of not less than three nor more than five years and expiring July 1; a beginning and ending date; the salary to be paid and benefits to be received; a provision for termination of the contract by the Superintendent; an evaluation process pursuant to N.J.S.A. 18A:17-20.3; and other terms agreed to between the Board and the Superintendent.
During the term of the contract, the Superintendent shall not be dismissed or reduced in compensation except for inefficiency, incapacity, conduct unbecoming a Superintendent, or other just cause and only by the Commissioner of Education pursuant to the tenure hearing laws.
At the conclusion of the term of the initial contract or of any subsequent contract, in accordance with N.J.S.A. 18A:17-20.1, the Superintendent shall be deemed reappointed for another contracted term of the same duration as the previous contract unless either: the Board by contract reappoints the Superintendent for a different term which shall not be less than three nor more than five years, in which event reappointments thereafter shall be deemed for the new term unless a different term is again specified; or the Board notifies the Superintendent in writing the Superintendent will not be reappointed at the end of the current term, in which event his/her employment shall cease at the expiration of that term. In the event the Board notifies the Superintendent, he/she will not be reappointed, the notification shall be given prior to the expiration of the first or any subsequent contract by a length of time equal to thirty days for each year in the term of the current contract.
Pursuant to N.J.S.A. 18A:20.2a, the Board shall submit to the Commissioner for prior approval an early termination of employment agreement that includes the payment of compensation as a condition of separation. In accordance with N.J.S.A. 18A:17-20.2a, compensation includes, but is not limited to, salary, allowances, bonuses and stipends, payments of accumulated sick or vacation leave, contributions toward the costs of health, dental, life, and other types of insurance, medical reimbursement plans, retirement plans, and any in-kind or other form of remuneration.
An early termination of an employment agreement shall be limited in its terms and conditions as outlined in N.J.A.C. 6A:23A-3.2. The Commissioner shall evaluate such agreements in accordance with the provisions of N.J.S.A. 18A:17-20.2a and N.J.A.C. 6A:23A-3.2 and has the authority to disapprove the agreement. The agreement shall be submitted to the Commissioner by the district by certified mail, return receipt requested. The determination shall be made within thirty days of the Commissioner's receipt of the agreement from the school district.
Disqualification
Any candidate's misstatement of fact material to qualifications for employment or the determination of salary will be considered by this Board to constitute grounds for dismissal.
Certificate Revocation
In accordance with N.J.A.C. 6A:23A-3.1(e)(12), in the event the Superintendent's certificate is revoked, the Superintendent's contract is null and void.
N.J.S.A. 18A:16-1; 18A:17-15; 18A:17-20; 18A:17-20.1;
18A:17-20.2; 18A:17-20.2a; 18A:17-20.3
N.J.A.C. 6A:9-12.3; 6A:9-12.4; 6A:23A-3.1, 6A:23A-3.2
Cross reference: Policy Guide No. 1230
Adopted: January 19, 2005
Revised: January 17, 2007
April 22, 2009
October 20, 2009
====================================
1230
M
1230 SUPERINTENDENT’S DUTIES
Function
The Superintendent shall serve as Chief Executive and Administrative Officer of the district by implementing policies established by the Board of Education and by discharging the duties imposed on his/her office by law.
Authority
The Superintendent shall be the Chief School Administrator of the school district and principal advisor to the Board. He/She may delegate to an appropriate school official any duty not reserved to the Superintendent by law, but may not delegate the responsibility for duties mandated by law.
Work Relationships
The Superintendent shall report directly to the Board and shall directly or indirectly supervise all persons employed by the Board.
Duties and Responsibilities
A. In the discharge of his/her responsibility as principal advisor to the Board, the Superintendent shall:
1. Ensure all aspects of district operation comply with Board policy, state law and district contracts;
2. Report to the Board on the needs of the district;
3. Advise the Board of any changes or additions that should be made to its policies;
4. Provide the Board with such information as may be needed to ensure the making of informed decisions; and
5. Perform such other duties as may be assigned by the Board.
B. In the discharge of his/her responsibility for the implementation of the operational action plan of the district, the Superintendent shall:
1. Prepare, promulgate, and maintain a manual of administrative regulations;
2. Evaluate the future needs of the district and recommend a district action plan including goals, objectives, and priorities to the Board;
3. Maintain written objectives to implement the district action plan adopted by the Board;
4. Evaluate progress toward the attainment of the district action plan and report thereon to the Board; and
5. Report to the Commissioner and the County Superintendent on or before August 1 of each year matters relating to the schools in the manner and form prescribed by the Commissioner.
C. In the discharge of his/her responsibility as the administrator of the instructional program, the Superintendent shall:
1. Establish and maintain a written instructional plan for the schools of the district consistent with the educational goals adopted by the Board;
2. Coordinate the proper implementation of the instructional plan as it applies to each school in the district;
3. Evaluate at least annually the effectiveness of the program of studies and recommend such changes and additions as may be required to improve its effectiveness;
4. Evaluate the performance of pupils in relation to other public school districts, as well as in relation to state and national standards;
5. Report periodically to the Board, as directed by the Board, on the condition of the educational program and facilities in the district; and
6. Keep informed regarding current research in the field of education and inform the Board as appropriate.
D. In the discharge of his/her responsibility for the direction and welfare of pupils, the Superintendent shall:
1. Strive to motivate pupils to achieve their individual best;
2. Create a climate of respect for authority and discipline in each of the schools of the district;
3. Report to the Board at its next meeting the suspension of a pupil; and
4. Recommend any changes in the program of pupil management and support as necessary to respond to district needs.
E. In the discharge of his/her responsibility for the supervision of district employees, the Superintendent shall:
1. Recommend to the Board all properly certified candidates for employment, assignment, or transfer;
2. Assign staff so as to achieve maximum effectiveness in the attainment of educational goals;
3. Train staff as necessary to implement approved changes in the curriculum or instructional methods of the district;
4. Evaluate the effectiveness of staff members in the performance of their assigned tasks;
5. Recommend changes in staffing patterns based on the evaluation of staff and program effectiveness; and
6. Discipline staff as required and report to the Board forthwith any suspension of a teaching staff member.
F. In the discharge of his/her responsibility for the maintenance of the physical plant, the Superintendent shall:
1. Strive to make efficient use of district resources in the daily operations of the schools;
2. Assign support staff so as to achieve maximum effectiveness from the facilities of the district;
3. Train support staff as necessary to maintain the facilities and to avoid safety and environmental hazards; and
4. Evaluate the effectiveness of the district facilities in housing the instructional program and recommend to the Board such changes and improvements as may be required.
G. In the discharge of his/her responsibility for the management of the district business affairs, the Superintendent shall:
1. Supervise the preparation of the annual budget and recommend its adoption to the Board;
2. Implement the budget adopted by the Board;
3. Establish sufficient fiscal controls to ensure that district funds are expended wisely and efficiently; and
4. Report to the Board at its next meeting any expenditure in excess of a budgeted line item.
H. In the discharge of his/her responsibility as liaison officer to the public, the Superintendent shall:
1. Strive to interpret the needs of the school to the public and the concerns of the public to the Board;
2. As appropriate, involve members of the public in the review of district needs, community needs, and the operation of the school programs;
3. Keep the public informed about the accomplishments and challenges of the school district;
4. Cooperate with the news media; and
5. Work effectively with municipal government officials and public agencies concerned with the welfare of pupils.
Evaluation Criteria
The Superintendent will be evaluated in accordance with Policy No. 1240 and this job description.
N.J.S.A. 18A:7A-11; 18A:17-17; 18A:17-18; 18A:17-20; 18A:17-21; 18A:22-8.1; 18A:27-4.1; 18A:37-4
N.J.A.C. 6A:8-3.1; 6A:32-4.1; 6A:32-12.2
Cross reference: Policy Guide Nos. 0132, 1220, 1240
Adopted: January 19, 2005
Revised: June 14, 2011
====================================
1240
M
1240 EVALUATION OF SUPERINTENDENT
The
Board of Education will annually evaluate the performance of the Superintendent
in order to assist both the Board and the Superintendent in the proper
discharge of their responsibilities and to enable the Board to provide the
district with the best possible leadership.
The
objective of the Board's evaluation will be to promote professional excellence
and improve the skills of the Superintendent, to improve the quality of
education received by the pupils of this district, and to provide a basis for
the review of the Superintendent's performance.
The
Superintendent shall be evaluated annually by the Board. The Board may choose to be assisted or
advised by a consultant. The evaluation
will be based on the job description for the position of Superintendent and
this policy. The evaluation procedures
in this policy and the job description and any revisions thereto will be
adopted by the Board after consultation with the Superintendent.
This
policy will be delivered to the Superintendent upon its adoption, and any
amendment to this policy will be developed and adopted by the Board after
consultation with the Superintendent.
This policy and/or any amendments to this policy will be delivered to
the Superintendent within ten working days after its adoption.
Evaluation
Criteria
Criteria
for the evaluation of the Superintendent will be based upon the
Superintendent's job description and will relate directly to each of the tasks
described. Each criteria will be brief
and will focus on a major function of the position, be based on observable
information rather than on factors requiring subjective judgment, and be
written in a consistent format.
The
Board shall develop and approve criteria for the evaluation of the
Superintendent. Evaluation criteria will
be reviewed as necessary and as requested by the Superintendent, but not less
than annually and upon any revision of the Superintendent's job
description. Evaluation criteria will be
adopted before July 1 of each year. Any
proposed revision of the evaluation criteria will be provided to the
Superintendent for his/her comments before its adoption, and a copy of the
adopted revision shall be provided the Superintendent within ten working days
of its adoption.
Collection
and Reporting of Evaluation Data
Data
for the evaluation of the Superintendent will be gathered by any one or more of
the following methods: direct
observation, review of a document produced in the performance of the
Superintendent's assigned duties; interviews with the Superintendent regarding
his/her knowledge of assigned duties; and paper and pencil instruments (such as
competency tests, staff surveys, and the like).
The
Superintendent shall be observed in the performance of his/her assigned duties
at least once annually.
Preparation
Plan for Professional Growth and Development
An individual
plan for professional growth and development shall be prepared annually, and
before July 1 of each year in cooperation with the Superintendent and will
include areas of required growth, methods of achieving that growth, a schedule
for implementation, and the responsibility of the Superintendent and Board for
implementing the plan. The plan will
derive from applicable evaluation criteria and focus on critical areas of
professional growth.
A
copy of the plan for professional growth and development will be placed in the
annual performance report. The degree to
which the Superintendent achieved the requirements of the previous plan will be
a measure of his/her annual performance evaluation.
It
will be the duty of the Superintendent to implement the plan as prepared;
his/her failure to do so may result in disciplinary action up to and including
certification of tenure charges.
Conduct
of Annual Performance Conference
An
annual summary conference shall be conducted between the Board, with a majority
of the total membership of the Board and the Superintendent before the annual
performance report is filed. The
conference will be held in private, unless the Superintendent requests that it
be held in public.
The
conference shall include but need not be limited to a review of the performance
of the Superintendent based upon the job description; a review of the
Superintendent's progress in achieving and implementing the district's goals,
program objectives, policies, instructional priorities, and statutory
requirements; and a review of available indicators of pupil progress and growth
toward the program objectives.
The
purpose of the annual performance conference will be to provide for a total
review of the year's work, to identify strategies for improvement where
necessary, and to recognize achievement and good practice. Adequate time will be allotted for the
conference in order to cover the required topics of discussion and to permit a
full exploration of the possible solutions to any problems identified.
Preparation
of Annual Performance Report
An
annual written performance report shall be prepared, no later than March 30, by
a majority of the full membership of the Board.
The report will include, but need not be limited to, performance areas
of strength; performance areas needing improvement based on the job description
and evaluation criteria; the plan for professional growth and development
prepared by the Superintendent and the Board; a summary of available indicators
of pupil progress and growth and a statement of how these indicators relate to
the effectiveness of the overall program and the performance of the
Superintendent; and provision for performance data that have not been included
in the report prepared by the Board to be entered into the record by the
Superintendent within ten working days after the completion of the report.
The
annual performance report will be signed by the Board President at the time of
the conference and by the Superintendent within five working days of the
conference. It will be filed in the
Superintendent's personnel file, and a copy will be provided to the
Superintendent.
N.J.A.C. 6A:32-4.3
Adopted: 19 January 2005
Legal
Citation Revision: May 2005
====================================
1260
1260 INCAPACITY OF SUPERINTENDENT
The Board of Education will appoint, by the affirmative votes of a majority of
the members of the full Board, and fix the compensation of an Acting
Superintendent to serve when the Superintendent is so incapacitated as to render
him/her unable to perform the duties of the office of Superintendent.
The Superintendent will be deemed to be incapacitated when:
1. The Superintendent is absent on
disability leave of a projected duration of one hundred eighty days or more; or
2. The Superintendent is certified
incapacitated by a physician in accordance with Board Policy No. 3161; or
3. The Superintendent has been
suspended with pay; or
4. The Superintendent has been
suspended without pay pending the resolution of tenure charges.
The Acting Superintendent shall discharge the duties of the office until the
Superintendent returns, resigns, or is removed from the position. The acts of the Acting Superintendent shall
be legal and binding as if done by the Superintendent. The Acting Superintendent shall not acquire
tenure in the position of Superintendent.
N.J.S.A. 18A:16-1.1; 18A:17-15
Adopted: 19 January 2005
====================================
1310
1310 EMPLOYMENT OF SCHOOL BUSINESS ADMINISTRATOR/
BOARD
SECRETARY
The
Board of Education shall appoint a qualified and capable person to fill a
vacancy in the position of School Business Administrator/Board Secretary. An appointment shall be made within a
reasonable time after the occurrence of the vacancy and by the recorded roll
call vote of a majority of the full Board.
No person shall act as School Business Administrator/Board Secretary or
perform the duties of a School Business Administrator/Board Secretary, as prescribed
by the rules and regulations of the State Board of Education, unless he/she
holds such a certificate.
All
candidates for the position of School Business Administrator/Board Secretary
must produce evidence of their training and/or experience in the fields of
economic and legal environment, accounting, quantitative methods, management
information systems, organizational theories, administrative processes,
production and marketing of goods, financing of the business enterprise and
other responsibilities as outlined in the Board job description.
Every
serious candidate for the position of School Business Administrator/Board
Secretary shall be interviewed by the Superintendent. The Board of Education will appoint a
suitable person who holds the appropriate certificate as prescribed by the State
Board of Education. Final selection
shall be made by the Board, which shall also fix the compensation to be paid
the School Business Administrator/Board Secretary.
Any
candidate's misstatement of fact material to qualifications for employment or
the determination of salary will be considered by this Board to constitute
grounds for dismissal.
N.J.S.A. 18A:16-1; 18A:17-5; 18A:17-14.1 et seq.
N.J.A.C. 6A9-12.3;6A9-12.7
Adopted: 19 January 2005
Legal
Citation Revision: May 2005
====================================
1320
1320 DUTIES OF SCHOOL BUSINESS ADMINISTRATOR/
BOARD SECRETARY
Qualifications:
Experience in the areas of business management, financial accounting, and
computer skills preferred.
Reports To:
Superintendent
Job Goal:
To coordinate and implement all activities in the conduct of official Board
meetings; to plan, coordinate and supervise the business and financial
transactions of the school district.
Responsibility:
1. Assume responsibilities of the
Secretary to the Board as per statute.
2. Attend all meetings and keep full
and accurate minutes of all meetings of the Board. 18:17-7.
3. Prepare and execute all Board
election activities. 18:17-7, 18A:13, 18A:14.
4. Keep and maintain in office all
contracts, records and documents belonging to the Board. 18A:17 - 9.
5. Observe legal bidding procedures,
advertise, receive and open bids. 18A:17 - 8.
6. Examine and audit all accounts and
demands against the Board, present them to the Board at its meeting; indicate
Board's approval and send them to the Treasurer for Payment. 18A:17-8.
7. Maintain and report to the Board
all matters pertaining to financial receipts and disbursements.
8. Coordinate all accounting
procedures, purchase orders, school accounts, and payroll.
9. Assist the Superintendent in
implementing school procedures for budget planning and budget preparation.
10. Supervise the preparation of the
district payroll and maintenance of necessary account documents and controls to
meet all State and local auditing requirements.
11. Supervise the implementing of
hospitalization, major medical, and other employee benefit plans adopted by the
Board.
12. Develop an investment program to
utilize all unexpended funds of the Board to the greatest financial advantage.
13. Assist the Superintendent in the
development of a tentative annual school budget for presentation to the Board.
14. Assist in the execution of the
enacted budget, including administrative controls where required.
15. Review transportation contracts
as developed and negotiated for bid, for renewal or extensions of routes.
16. Supervise all transportation
functions, both contracted services and district owned vehicles, including
route development and all other responsibilities of the district relative to
transportation, with the exception of student discipline which will be referred
to the Principal.
17. Supervise the establishment and
maintenance inventories for all school equipment.
18. Direct a program of evaluation
for all business office employees.
19. Assess needs, implement, and
maintain a program for computer-based financial information system at district
level.
20. Train appropriate personnel in
use of data processing hardware and software as related to financial operation.
21. Certify monthly Secretary's
Report.
22. Prepare and process all local,
State and federal reports as they relate to school business operations.
23. Maintain all facilities documents
related to programs and inspections in accordance with local, State, and
federal monitoring standards as provided by the administration.
24. Collect tuition fees and other
monies due the Board and transmit same to the Treasurer of School monies.
25. Supervise all food service
functions, including the Child Nutrition Program and compliance with local,
State and federal requirements.
25. Perform all other duties as may
be required by the Board and Superintendent.
Terms of Employment:
Twelve months per year. Salary as
determined by the Board. Holidays and
benefits in accordance with contract.
Adopted: 19 January 2005
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1330
1330 EVALUATION OF THE SCHOOL BUSINESS
ADMINISTRATOR
The Superintendent will evaluate the performance of the School Business
Administrator, tenured or nontenured, in order to
assist both the Board and the School Business Administrator in the proper
discharge of their responsibilities and to provide the district with efficient
and effective services.
The evaluation of the School Business Administrator will consist of an
assessment, by the Superintendent, of the School Business Administrator's
performance of the duties specified in the job description approved by the
Board. Reference will be made to the
report of the auditor. The
Superintendent may, in his/her discretion, consult with staff members assigned
to work with the School Business Administrator.
The Board and the Superintendent will annually establish procedures for the
evaluation of the School Business Administrator. Such procedures may include, but need not be
limited to, an informal conference with the School Business Administrator for
the purpose of discussing his/her job performance, a written evaluation report
to which the School Business Administrator may add comments, and the
establishment of a written plan for performance improvement and growth. The School Business Administrator will be
evaluated by the Superintendent no later than April 30th.
Adopted: 19 January 2005
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1331
1331 EVALUATION OF THE BOARD SECRETARY
The Board of Education will evaluate the performance of the Board Secretary in order
to assist both the Board and the Board Secretary in the proper discharge of
their responsibilities and to provide the district with efficient and effective
services.
The evaluation of the Board Secretary will consist of an assessment, by members
of the Board, of the Board Secretary's performance of the duties specified in
the job description as they relate to the function of Board Secretary approved
by the Board. Reference will be made to
the report of the auditor. The Board
may, in its discretion, consult with staff members assigned to work with the
Board Secretary. If the Board Secretary
also serves as School Business Administrator, the Superintendent of Schools
shall evaluate the individual with regard to those duties and responsibilities.
The Board will annually establish procedures for the evaluation of the Board
Secretary. Such procedures may include,
but need not be limited to, an informal Board conference with the Board
Secretary for the purpose of discussing his/her job performance, a written
evaluation report to which the Board Secretary may add comments, and the
establishment of a written plan for performance improvement and growth. The Board Secretary will be evaluated by the
Superintendent no later than April 30th.
Adopted: 19 January 2005
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1350
1350 INCAPACITY OF SCHOOL BUSINESS ADMINISTRATOR/
BOARD SECRETARY
The Board of Education will appoint, by the affirmative votes of a majority of
the members of the full Board, and fix the compensation of an Acting School
Business Administrator/Board Secretary to serve when the School Business
Administrator/Board Secretary is so incapacitated as to render him/her unable
to perform the duties of the office of School Business Administrator/Board
Secretary.
The School Business Administrator/Board Secretary will be deemed to be
incapacitated when:
1. The School Business
Administrator/Board Secretary is absent on disability leave of a projected
duration of one hundred eighty days or more; or
2. The School Business
Administrator/Board Secretary is certified incapacitated by a physician in
accordance with Board Policy No. 3161; or
3. The School Business
Administrator/Board Secretary has been suspended with pay; or
4. The School Business Administrator/Board
Secretary has been suspended without pay pending the resolution of tenure
charges.
The Acting School Business Administrator/Board Secretary shall discharge the
duties of the office until the School Business Administrator/Board Secretary returns,
resigns, or is removed from the position.
The acts of the Acting School Business Administrator/Board Secretary
shall be legal and binding as if done by the School Business
Administrator/Board Secretary. The
Acting School Business Administrator/Board Secretary shall not acquire tenure
in the position of School Business Administrator/Board Secretary.
N.J.S.A. 18A:16-1.1; 18A:17-5
Adopted: 19 January 2005
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1400
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1400 JOB DESCRIPTIONS
The
Board of Education shall adopt job descriptions for the positions of
Superintendent, School Business Administrator/Board Secretary, and each
supervisory position. The Superintendent
shall prepare, approve, and disseminate to the Board job descriptions for all
other employment positions created by the Board.
All
job descriptions will be written and will be based on the outcome and process
goals developed by the Board and, as appropriate to the position, on program
objectives. Each job description will
specify:
1. The
qualifications and specific certificate and endorsement required for the
position;
2. The function, duties, and responsibilities
of the position;
3. The extent and the limits of the position
holder's authority;
4. The work relationships between the
position holder and other employees of the district; and
5. Any background experiences, personal
qualities, and individual achievements that the Board prefers in a person
appointed to the position.
Job
descriptions will be reviewed periodically.
N.J.A.C. 6A:32-4.1; 6A:32-4.4; 6A:32-4.5; 6A:32-5.1
Adopted: 19 January 2005
Legal Citation Revision: May 2005
====================================
P 1450 INSTRUCTIONAL ASSISTANT/SPEECH LANGUAGE THERAPY
QUALIFICATIONS:
Bachelors degree in Speech Pathology and Audiology
Strong interpersonal and communication skills.
Required criminal history background check and proof of U.S. citizenship or legal resident alien status.
REPORTS TO: Speech/Language Specialist
JOB GOAL: Assist Speech/Language Specialist with speech language intervention services.
PERFORMANCE RESPONSIBILITIES:
Plans, prepares and delivers treatment programs for children with speech and language deficiencies under the guidance of Speech/Language Specialist.
Provides individual and small group intervention sessions with students who have
been classified.
Acts as liaison between classroom teachers and Speech/Language Specialist.
Communicates with parents regarding student therapy goals and progress.
Attends IEP meetings and/or conferences concerning students as needed.
Keeps written documentation of student goals and progress.
Participates in appropriate professional development activities to keep abreast of latest developments in the field of speech pathology and related fields.
Assumes any other appropriate professional duties, which are assigned by the Special Services Director or Speech Language Specialist.
Adopted: 21 October 2008
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1510
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1510 RIGHTS OF PERSONS WITH HANDICAPS OR
DISABILITIES/
POLICY ON NON-DISCRIMINATION
It is the policy of the Board of Education that no qualified handicapped or
disabled person shall, on the basis of handicap or disability, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination
in employment or under any program, activity or vocational opportunities
sponsored by this Board. The Board shall
comply with 504 of the Rehabilitation Act of 1973 and the Americans with
Disabilities Act of 1990. It shall also
comply with the Individuals with Disabilities Education Act through the
implementation of Policy No. 2460 and Regulations Nos. 2460 through 2460.14.
Notice of the Board's policy on nondiscrimination in employment (Policy and
Regulation No. 1530) and education (Policy and Regulation No. 5750) will be
included in the Board policy manual, posted throughout the district, and
referenced in any district statement regarding the availability of employment
positions or educational services.
Employment
No employee or candidate for employment shall be discriminated against in
recruitment, hiring, advancement, discharge, compensation, training, transfer,
or any other term, condition, or privilege of employment solely because of
his/her handicap/disability, provided the employee or candidate can, with or
without reasonable accommodation, perform the essential functions of the
position sought or held.
No candidate for employment shall be required to answer a question or submit to
an examination regarding a handicap/disability except as such
handicap/disability relates directly to the performance of the job sought. No candidate will be discriminated against on
the basis of a handicap/disability that is not directly related to the
essential function of the position for which he/she has applied.
Reasonable accommodations, not directly affecting the educational and/or
instructional program, shall be made to accommodate employment conditions to
the needs of qualified persons with handicaps/disabilities. Such accommodations may include, but are not
limited to rescheduling; restructuring jobs; making facilities accessible;
acquiring or modifying equipment; modifying examinations, training materials,
policies and procedures; and providing readers or interpreters.
The Board employment policies and procedures shall comply with the Americans
with Disabilities Act.
Facilities Accessibility
No qualified handicapped/disabled person shall, because of the school
district's facilities being inaccessible or unusable by handicapped/disabled
persons, be denied the benefits of, be excluded from participation in or
otherwise be subjected to discrimination under any program or activity offered
by the Board. No new facilities shall be
constructed that do not fully comply with 504 of the Rehabilitation Act of 1973
and the American with Disabilities Act.
Alterations to existing facilities or part thereof, shall be altered in
such a manner to the maximum extent feasible, that the facilities are readily
accessible and usable by individuals with handicaps/ disabilities who have a
need to access Board facilities.
Educational Program Accessibility
No qualified handicapped/disabled person shall be denied the benefit of, be
excluded from participation in, or otherwise be subjected to discrimination in
any activity offered by this district.
The Board has an affirmative obligation to evaluate a pupil who is suspected of
having a handicap/disability to determine the pupil's need for special
education and related services. The
Board directs that all reasonable efforts be made to identify unserved children with handicaps/ disabilities in this
district who are eligible for special education and/or related services in accordance
with Policy No. 2460 and Regulations Nos. 2460 through 2460.14, the Individuals
with Disabilities Education Act, 504 of the Rehabilitation Act of 1973, and the
Americans with Disabilities Act of 1990.
Section 504 of the Rehabilitation Act requires the Board to address the needs
of children who are considered handicapped/disabled under 504 and do not
qualify for services under the Individuals with Disabilities Education
Act. A pupil may be handicapped/disabled
within the meaning of 504, and therefore entitled to regular or special
education and related aids and services under the 504 regulation, even though
the pupil may not be eligible for special education and related services under
Part B of the Individuals with Disabilities Education Act.
No pupil will be denied, because of his/her educational handicap/disability,
participation in co-curricular, intramural, or interscholastic activities or
any of the services offered or recognitions rendered regularly to the pupils of
this district.
There will be grievance procedures for persons alleging discriminatory acts by
the Board and/or staff. The due process
rights of pupils with handicaps/disabilities and their parents will be
rigorously enforced.
Enforcement
The Principal is designated as district coordinator for matters dealing with
504 and Title IX. The district
coordinator shall act as a compliance officer and can be contacted at the
following address or telephone number:
Address: 43 Wertsville,
Road
Ringoes, New
Jersey 08551
Telephone Number: 908-782-6464
A complaint regarding a violation of law and this policy will be subject to a
complaint procedure that provides for the prompt and equitable resolution of
disputes.
The complainant shall be notified of his/her rights of appeal at each step of
the process, and accommodations to the needs of handicapped/disabled
complainants shall be made. A
complainant shall be informed of his/her right to file a formal action for
redress with or without recourse to the complaint procedure established by this
policy and its accompanying regulation.
A complaint regarding the identification, evaluation, classification, or
educational program of a pupil with a handicap/disability shall be governed by
the due process rules of the State Board of Education, N.J.A.C. 6A:14-2.7 and
the Office of Administrative Law, N.J.A.C. 1:6A-1 et seq., and by the
procedural safeguard processes established by Board Policy No. 2460 and Regulation No. 2460.6 or the
grievance procedures established in Regulation No. 1510.
Guarantee of Rights
The Board shall not interfere, directly or indirectly, with any person's
exercise or enjoyment of the rights protected by the 504 of the Rehabilitation
Act of 1973, the Americans with Disabilities Act of 1990, the Individuals with
Disabilities Education Act or Title IX.
The Board shall not discriminate against any person for that person's
opposition to any act or practice made unlawful by law or this policy or for
that person's participation in any manner in an investigation or proceeding
arising under 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Individuals with Disabilities Education Act or
Title IX.
Evaluation and Compliance
The Board directs the Superintendent to evaluate district programs and
practices on nondiscrimination, in accordance with law, and to report
evaluations to the Board. The Board will
submit such assurances of compliance as are required by law.
Annual Publication
This Policy will be published yearly prior to the beginning of the school year
in a regional newspaper, magazine and/or other written communication that is
available to the public.
29 U.S.C. 794 (Sec. 504,
Rehabilitation Act of 1973)
20 U.S.C. 1401 et seq. (Individuals
with
Disabilities Education Act)
42 U.S.C. 12101 (Americans with
Disabilities Act
of 1990)
N.J.S.A. 10:5-1 et seq.
N.J.S.A. 18A:18A-17
N.J.A.C. 6A:14-1 et seq.
34 CFR Part 104
Adopted: 19 January 2005
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1522
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1522 SCHOOL-LEVEL PLANNING
The Board of Education recognizes the school level planning process involves parent(s) or legal guardian(s) and staff members in identifying school needs, establishing performance objectives, and monitoring progress toward those objectives.
School Report Card
The school district shall annually disseminate a report card for each school in the district which shall contain statistical information specified by the New Jersey Department of Education to all staff and parents. The school district shall also make the report card available to the media. The procedure the district will follow to disseminate the report card shall be in accordance with the requirements of the New Jersey Department of Education.
School-Level Plan
By September 30, each school in the district shall develop and implement a two-year plan based on school report card data. This plan shall include pupil performance objectives, a review of progress by teaching and administrative staff, and the involvement of parents.
At least once per semester, each school shall conduct meetings by grade level, department, team, or similarly appropriate group to review the school-level plan. The review shall include: school report card data; progress toward achieving pupil performance objectives; and progress toward achieving Core Curriculum Content Standards. The results of each such meeting shall be considered by the school planning team in the development of the succeeding school-level plan.
Pupil Performance Objectives
Each school in the district shall develop two or more objectives based on pupil performance or behavior standards as defined in N.J.A.C. 6A:8-4.4(a), 6A:32-13.1 and 13.2. The objectives shall cover a period of not more than two years.
If pupil performance is below minimum State standards, the objectives to meet those standards shall be established. Benchmarks (interim performance levels), shall be set forth to measure the school's progress toward the achievement of minimum State standards.
If pupil performance is at or above minimum State standards, challenge objectives shall be established.
The Superintendent shall, no later than August 1 of each year, submit each school's objectives to the Executive County Superintendent for review and approval.
Each school shall achieve its pupil performance objectives by meeting established benchmarks for minimum State standards and/or achieving challenge objectives or demonstrating progress toward meeting such objectives.
Each school that does not meet established benchmarks for pupil performance objectives or demonstrate progress toward meeting challenge objectives for two or more successive years shall be assigned a technical assistance team by the Executive County Superintendent to facilitate accomplishment of these objectives.
N.J.A.C. 6A:32-12.2
Adopted: January 19, 2005
Revised: June 14, 2011
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1523
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1523 COMPREHENSIVE EQUITY PLAN
The Board of Education shall submit a Comprehensive Equity Plan based on an assessment of the district's needs for achieving equity in educational programs that includes a cohesive set of policies, programs, and practices that ensure high expectations and positive achievement patterns and equal access to education opportunity for all learners, including pupils and teachers.
The Comprehensive Equity Plan shall include the following:
1. A needs assessment that includes pupil assessment and behavioral data disaggregated by gender, race, ethnicity, Limited English Proficiency, Special Education, Migrant, date of enrollment, pupil suspension, expulsion, Child Study Team referrals, Pre-Kindergarten through grade twelve promotion/retention data, Pre-Kindergarten through grade twelve completion rates, and re-examination and re-evaluation of classification and placement of pupils in special education programs if there is overrepresentation within a certain group; staffing practices; quality of program data; and stakeholder satisfaction data;
2. A description of how other Federal, State, and district policies, programs, and practices are aligned to the Comprehensive Equity Plan;
3. Adequate yearly progress targets for closing the achievement gap;
4. Professional development targets regarding the knowledge and skills needed to provide a thorough and efficient education as defined by the Core Curriculum Content Standards; differentiated instruction and formative assessments aligned to Core Curriculum Content Standards; and high expectations for teaching and learning; and
5. Annual targets addressing district needs in equity in school and classroom practices that are aligned to professional development targets.
A Comprehensive Equity Plan shall be developed every three years and the Board of Education shall initiate the Comprehensive Equity Plan within sixty days of its approval and shall implement the plan in accordance with the timelines approved by the New Jersey Department of Education.
In the event the Board of Education does not implement the Comprehensive Equity Plan within one hundred eighty days of its approval date, or fails to report its progress annually or as required by the New Jersey Department of Education, sanctions deemed to be appropriate by the Commissioner of Education or his/her designee shall be imposed, and may include action to suspend, terminate, or refuse to award continued Federal or State financial assistance, pursuant to N.J.S.A. 18A:55-2.
N.J.A.C. 6A:7-1.9
Adopted: January 19, 2005
Revised: May 2005
February 15, 2011
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1530
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1530 EQUAL EMPLOYMENT OPPORTUNITIES
The Board of Education shall, in accordance with law, guarantee equal employment opportunity throughout the district.
The Board shall ensure all persons shall have equal and bias free access to all categories of employment and equal pay for equal work in this district without regard to the candidate's race, color, creed, religion, national origin, ancestry, age, marital status, affectional or sexual orientation, gender, socioeconomic status, or disability, pursuant to N.J.A.C. 6A:7-1.1. The school district’s employment applications and pre-employment inquiries conform to the guidelines of the New Jersey Division of Civil Rights.
The Board will use equitable practices that prevent imbalance and isolation based on race, color, creed, religion, national origin, ancestry, age, marital status, affectional or sexual orientation, gender, socioeconomic status, or disability among the district’s certificated and non-certificated staff and within every category of employment, including administration. Promotions and transfers will be monitored to ensure non-discrimination.
The Board shall not assign, transfer, promote or retain staff, or fail to assign, transfer, promote or retain staff, on the sole basis of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, gender, religion, disability or socioeconomic status, pursuant to N.J.A.C. 6A:7-1.1.
The Board will target-underutilized groups, in every category of employment. The Board will provide among the faculty of each school role models of diverse racial and cultural backgrounds.
The Board shall not enter into a contract with a person, agency, or organization that discriminates in employment practices or in the provision of benefits or services, on the basis of race, color, creed, religion, national origin, ancestry, age, marital status, affectional or sexual orientation, gender, socioeconomic status, or disability, either in employment practices or in the provision of benefits or services to pupils or employees, pursuant to N.J.A.C. 6A:7-1.1.
The Superintendent shall promulgate a complaint procedure for the adjudication of disputes alleging violation of the law prohibiting discrimination in employment or this policy.
The Board shall not discriminate against any person for that person's exercise of rights under the laws prohibiting discrimination in employment or this policy.
18A:6-5; 6-6; 18A:28-10; 18A:29-2
N.J.A.C. 6A:7-1.1 et seq.; 6A:7-1.8
Cross reference: Policy Guide Nos. 1510, 1550 and
Regulation Guide Nos. 1530
Adopted: January 19, 2011
Revised: February 15, 2011
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1540
1540 ADMINISTRATOR'S CODE OF ETHICS
Definitions
"Administrator" means any employee of this school district who holds
a position that:
1. Requires certification with the
endorsement of school administrator, Principal, or School Business
Administrator;
2. Does not require certification but
is responsible for making recommendations regarding hiring or the purchase or
acquisition of any property or services by the local school district; or
3. Requires certification with the
endorsement of supervisor and is responsible for making recommendations
regarding hiring or the purchase or acquisition of any property or services by
the local school district.
"Business" means any corporation, partnership, firm, enterprise,
franchise, association, trust, sole proprietorship, union, political
organization, or other legal entity but does not include a school district or
other public entity.
"Interest" means the ownership of or control of more than ten percent
of the profits, assets, or stock of a business but does not include the control
of assets in a labor union.
"Immediate family" means the person to whom the administrator is
legally married and any dependent child of the administrator residing in the
same household.
Code of Ethics
No administrator or member of his/her immediate family shall have an interest
in a business organization or engage in any business, transaction, or
professional activity that is in substantial conflict with the proper discharge
of his/her duties in the public interest.
No administrator shall use or attempt to use his/her official position to
secure unwarranted privileges, advantages, or employment for him/herself, a
member of his/her immediate family, or any other person.
No administrator shall act in his/her official capacity in any matter where
he/she, a member of his/her immediate family, or a business organization in
which he/she has an interest, has a direct or indirect financial or personal
involvement that might reasonably be expected to impair his/her independence of
judgment in the exercise of official duties.
No administrator shall act in his/her official capacity in any matter
where he/she or a member of his/her immediate family has a personal involvement
that is or creates some benefit to the administrator or a member of his/her
immediate family.
No administrator shall undertake any employment or service, whether compensated
or not, which might reasonably be expected to prejudice his/her independence of
judgment in the exercise of official duties.
No administrator or member of his/her immediate family or business organization
in which he/she has an interest shall solicit or accept any gift, favor, loan,
political contribution, service, promise of future employment, or other thing
of value based upon an understanding that the gift, favor, loan, contribution,
service, promise, or other thing of value was given or offered for the purpose
of influencing him/her, directly or indirectly, in the discharge of his/her
official duties.
No administrator shall accept offers of meals, entertainment, or hospitality
which are limited to the clients/customers of the individual providing such
hospitality. Administrators may attend
hospitality suites or receptions at conferences only when they are open to all
attending the conference.
No administrator shall use, or allow to be used, his/her public office or any
information not generally available to the members of the public which he/she
receives or acquires in the course of and by reason of his/her office, for the
purpose of securing financial gain for him/herself, any member of his/her
immediate family, or any business organization with which he/she is associated.
No administrator or business organization in which he/she has an interest shall
represent any person or party other than the Board of Education or this school
district in connection with any cause, proceeding, application or other matter
pending before this school district or in any proceeding involving this school
district, except that this provision shall not be deemed to prohibit
representation within the context of official labor union or similar
representational responsibilities.
Nothing shall prohibit an administrator or members of his/her immediate family
from representing him/herself or themselves in negotiations or proceedings
concerning his/her or their own interests.
Each administrator shall annually, in accordance with N.J.S.A. 18A:12-25 and
18A:12-26, file a disclosure statement regarding potential conflicts of
interest.
N.J.S.A. 18A:12-21 through 18A:12-34
School Ethics Policy Guideline 1
Adopted: 19 January 2005
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1550
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1550 AFFIRMATIVE ACTION PROGRAM FOR EMPLOYMENT AND CONTRACT PRACTICES
The Board of Education shall, in accordance with State statutes and administrative code and Federal law and regulations, strive to overcome the effects of any previous patterns of discrimination in district employment practices and shall systematically monitor district procedures to ensure continuing compliance with anti-discrimination laws and regulations.
The Board will ensure all persons regardless of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, gender, religion, disability, or socioeconomic status shall have equal and bias-free access to all categories of employment in the public educational system of New Jersey, pursuant to N.J.A.C. 6A:7-1.1.
The Board will not enter into any contract with a person, agency, or organization that discriminates on the basis of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, gender, religion, disability, or socioeconomic status, either in employment practices or in the provision of benefits or services to pupils or employees.
The Board shall not assign, transfer, promote or retain staff, or fail to assign, transfer, promote or retain staff, on the sole basis of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, gender, religion, disability, or socioeconomic status.
The Board shall ensure equal pay for equal work among members of the district's staff, regardless of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, gender, religion, disability, or socioeconomic status, pursuant to N.J.A.C. 6A:7-1.1.
N.J.A.C. 6A:7-1.1 et seq.; 6A:7-1.8
Adopted: January 19, 2005
Revised: May 2005
February 15, 2011
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1570 INTERNAL CONTROLS
1570 INTERNAL CONTROLS
As a condition of receiving State aid, the school district shall establish specific policies and procedures on internal controls designed to provide management with reasonable assurance that the district's goals and objectives will be met and that meet the requirements of N.J.A.C. 6A:23A-6.5 through N.J.A.C. 6A:23A-6.13. Internal controls shall promote operational efficiency and effectiveness, provide reliable financial information, safeguard assets and records, encourage adherence to prescribed policies, and comply with law and regulation.
The specific internal controls contained in N.J.A.C. 6A:23A-6 shall be established together with other internal controls contained in N.J.A.C. 6A and other law and regulations, required by professional standards and as deemed necessary and appropriate by district management. The district may submit a written request to the Commissioner to approve an alternative system, approach, or process for implementing the internal controls required in N.J.C.A. 6A:23A-6. The application must include documented evidence that includes, but is not limited to, an independent, third-party written assessment that the alternative system, approach or process will achieve the same safeguards, efficiency, and other purposes as the specified internal control requirement(s).
The school district shall evaluate business processes annually and allocate available resources appropriately in an effort to establish a strong control environment pursuant to the requirements of N.J.A.C. 6A:23A-6.5. In accordance with the provisions of N.J.A.C. 6A:23A-6.5(b), the School Business Administrator/Board Secretary shall identify processes that, when performed by the same individuals, are a violation of sound segregation of duties and shall segregate the duties of all such processes among Business office staff based on available district resources, assessed vulnerability, and associated cost-benefit. The district shall include in the Comprehensive Annual Financial Report (CAFR) a detailed organizational chart for the Central office that tie to the district's position control logs, including but not limited to, the business, human resources, and information management functions.
The school district shall establish Standard Operating Procedures (SOPs) for each task or function of the business operations of the district by December 31, 2009. The SOP Manual shall include sections on each routine task or function as outlined in N.J.A.C. 6A:23A-6.6(b) and 6A:23A-6.6(c). A standard operating procedure shall be established that ensures office supplies are ordered in appropriate quantities, maintained in appropriate storage facilities, and monitored to keep track of inventory.
School districts with budgets in excess of $25,000,000 or with more than three hundred employees shall maintain an Enterprise Resource Planning (ERP) System which integrates all data and processes of the school district into a unified system. The ERP system shall use multiple components of computer software and hardware and a unified database to store data for the various system modules to achieve the integration. Districts required to maintain an ERP System that do not have an ERP System in place on July 1, 2008 shall fully implement an ERP System by the 2010-2011 school year and maintain both the existing system(s) and run a beta test ERP System during the 2009-2010 school year. Whenever considering financial systems or the automation of other services or functions, the Superintendent of Schools or School Business Administrator/Board Secretary shall notify the Executive County Superintendent in writing to see if opportunities for a shared service system exist. Access controls shall be established for key elements of financial systems to ensure that a single person does not have the ability to make system edits that would violate segregation of duties controls.
The school district shall maintain an accurate, complete, and up-to-date automated position control roster to track the actual number and category of employees and the detailed information for each. Districts are required to maintain a position control roster by December 31, 2009. The position control roster shall share a common database and be integrated with the district's payroll system, agree to the account codes in the budget software, and ensure that the data within the position control roster system includes, at a minimum, the required information as required in N.J.A.C. 6A:23A-6.8(a)3.
N.J.A.C. 6A:23A-6.4; 6A:23A-6.5; 6A:23A-6.6;
6A:23A-6.7; 6A:23A-6.8
Adopted: October 21, 2008
Revised: April 27, 2010
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1620 ADMINISTRATIVE EMPLOYMENT CONTRACTS
The Executive County Superintendent shall review and approve for all Superintendents, Deputy Superintendents, Assistant Superintendents, and School Business Administrators in school districts, county vocational school districts, county special services school districts and other districts, except charters, within the County under the supervision of the Executive County Superintendent:
1. New employment contracts, including contracts that replace expired contracts for existing tenured and non-tenured employees;
2. Renegotiations, extensions, amendments, or other alterations of the terms of existing employment contracts that have been previously approved by the Executive County Superintendent; and
3. Provisions for contract extensions where such terms were not included in the original employment contract or are different from the provisions contained in the original approved employment contract.
In counties where there is no Executive County Superintendent or Acting Executive County Superintendent, the Assistant Commissioner for Field Services shall review and approve all above contracts.
The contract review and approval shall take place prior to any required public notice and hearing pursuant to N.J.S.A. 18A:11-11 and prior to the Board approval and execution of those contracts to ensure compliance with all applicable laws, including but not limited to N.J.S.A. 18A:30-3.5, 18A:30-9, 18A:17-15.1 and 18A:11-12.
The public notice and public hearing required pursuant to N.J.S.A. 18A:11-11 is applicable to a Board that renegotiates, extends, amends, or otherwise alters the terms of an existing contract with the Superintendent of Schools, Deputy Superintendent, Assistant Superintendents, or School Business Administrator.
The public notice and public hearing requirements of N.J.S.A. 18A:11-11 do not apply to new contracts that replace expired contracts for existing employees in one of these positions, whether tenured or not tenured.
In connection with the Executive County Superintendent's review of the contract, the Board shall provide the Executive County Superintendent with a detailed statement setting forth the total cost of the contract for each applicable year, including salary, longevity (if applicable), benefits and all other emoluments.
The review and approval shall be consistent with the following additional standards:
1. Contracts for each class of administrative position shall be comparable with the salary, benefits and other emoluments contained in the contracts of similarly credentialed and experienced administrators in other school districts in the region with similar enrollment, academic achievement levels and challenges, and grade span.
2. No contract shall include provisions that are inconsistent with the travel requirements pursuant to N.J.S.A. 18A:11-12 and N.J.A.C. 6A:23A-7 including, but not limited to, the provisions for mileage reimbursement and reimbursement for meals and lodging in New Jersey. Any contractual provision that is inconsistent with law is superseded by the law.
3. No contract shall include provisions for the reimbursement or payment of employee contributions that are either required by law or by a contract in effect in the district with other teaching staff members, such as payment of the employee's State or federal taxes, or of the employee's contributions to FICA, Medicare, State pensions and annuities (TPAF), life insurance, disability insurance (if offered), and health benefit costs.
4. No contract shall contain a payment as a condition of separation from service that is deemed by the Executive County Superintendent to be prohibited or excessive in nature. The payment cannot exceed the lesser of the calculation of three months pay for every year remaining on the contract with pro-ration for partial years, not to exceed twelve months, or the remaining salary amount due under the contract.
5. No contract shall include benefits that supplement or duplicate benefits that are otherwise available to the employee by operation of law, an existing group plan, or other means; e.g., an annuity or life insurance plan that supplements or duplicates a plan already made available to the employee. Notwithstanding the provisions of this section, a contract may contain an annuity where those benefits are already contained in the existing contract between the employee and the district.
6. Contractual provisions regarding accumulation of sick leave and supplemental compensation for accumulated sick leave shall be consistent with N.J.S.A. 18A:30-3.5. Supplemental payment for accumulated sick leave shall be payable only at the time of retirement and shall not be paid to the individual's estate or beneficiaries in the event of the individual's death prior to retirement. Pursuant to N.J.S.A. 18A:30-3.2, a new Board of Education contract may include credit of unused sick leave in accordance with the new Board of Education's policy on sick leave credit for all employees.
7. Contractual provisions regarding accumulation of unused vacation leave and supplemental compensation for accumulated unused vacation leave shall be consistent with N.J.S.A. 18A:30-9. Contractual provisions for payments of accumulated vacation leave prior to separation can be included but only for leave accumulated prior to June 8, 2007 and remaining unused at the time of payment. Supplemental payments for unused vacation leave accrued consistent with the provisions of N.J.S.A. 18A:30-9 after June 8, 2007 as well as unused vacation leave accumulated prior to June 8, 2007 that has not been paid, shall be payable at the time of separation and may be paid to the individual's estate or beneficiaries in the event of the individual's death prior to separation.
8. Contractual provisions that include a calculation of per diem for twelve month employees shall be based on a two hundred sixty day work year.
9. No provision for a bonus shall be made except where payment is contingent upon achievement of measurable specific performance objectives expressly contained in a contract approved pursuant to N.J.A.C. 6A:23A-3.1, where compensation is deemed reasonable relative to the established performance objectives, and achievement of the performance objectives has been documented to the satisfaction of the Board of Education.
10. No provision for payment at the time of separation or retirement shall be made for work not performed except as otherwise authorized above.
11. No contract shall include a provision for a monthly allowance except for a reasonable car allowance. A reasonable car allowance cannot exceed the monthly cost of the average monthly miles traveled for business purposes multiplied by the allowable mileage reimbursement pursuant to applicable law and regulation and NJOMB circulars. If such allowance is included, the employee cannot be reimbursed for business travel mileage nor assigned permanently a car for official district business. Any provision of a car for official district business must conform with N.J.A.C. 6A:23A-6.12 and be supported by detailed justification. No contract can include a provision of a dedicated driver or chauffer.
12. All Superintendent contracts shall include the required provision pursuant to N.J.S.A. 18A:17-15.1 which states that in the event the Superintendent's certificate is revoked, the contract is null and void.
Any actions by the Executive County Superintendent undertaken pursuant to N.J.A.C. 6A:23-3.1 and this Policy may be appealed to the Commissioner of Education pursuant to the procedures set forth at N.J.A.C. 6A:3.
N.J.A.C. 6A:23A-3.1; 6A:23A-7 et seq.
Adopted: October 21, 2008
Revised: April 22, 2009
April 27, 2010
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2000
2000 PROGRAM
2000 PROGRAM
Number Title
2110 Philosophy of Education/District Mission Statement
2132 School District Goals and Objectives
2200 Curriculum Content
2210 Curriculum Development
2220 Adoption of Courses
2230 Course Guides
2240 Controversial Issues
2260 Affirmative Action Program for School and Classroom Practices
2270 Religion in the Schools
2310 Pupil Grouping
2312 Class Size
2330 Homework
2340 Field Trips
2360 Use of Technology
2361 Acceptable Use of Computer Networks/Computers and Resources
2411 Guidance Counseling
2412 Home Instruction Due to Health Condition
2414 Programs for Pupils At Risk
2415 No Child Left Behind Programs
2415.01 Academic Standards, Academic Assessments and Accountability
2415.02 Title I - Fiscal Responsibilities
2415.03 Highly Qualified Teachers
2415.04 Title I - Parental Involvement
2415.05 Pupil Surveys, Analysis and/or Evaluations
2415.06 Unsafe School Choice Option
2415.20 No Child Left Behind Complaints
2416 Programs for Pregnant Pupils
2417 Pupil Intervention and Referral Services
2422 Health Education
2423 Bilingual and ESL Education
2425 Physical Education
2428.1 Standards-Based Instructional Priorities
2430 Co-Curricular Activities
2431 Athletic Competition
2432 School Sponsored Publications
2436 Activity Participation Fee Program
2460 Special Education
2461 Special Education/Receiving Schools
2464 Gifted and Talented Pupils
2466 Needless Public Labeling of Pupils with Disabilities
2467 Surrogate Parents and Foster Parents
2480 Alternative Education Programs
2481 Home or Out-of-School Instruction for General Education Pupils
2510 Adoption of Textbooks
2520 Instructional Supplies
2530 Resource Materials
2531 Use of Copyrighted Materials
2551 Musical Instruments
2560 Live Animals in School
2610 Educational Program Evaluation
2622 Pupil Assessment
2624 Grading System
2700 Services to Nonpublic School Pupils
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2110
M
2110 PHILOSOPHY OF EDUCATION
Free public education for all children is a cornerstone of a democratic society that values the worth and dignity of each individual. The primary goal of this Board of Education shall be to offer each child in this district the educational opportunity that will enable him/her to function politically, economically, and socially in that democratic society.
The Board, as the agent responsible for the education of the children of the district, will provide a planned program of learning that incorporates into its curriculum the lessons and experiences, within and without the classroom, needed to realize the educational goals of this district. The Board appreciates the need for constant improvement of the instructional program and will strive unremittingly to provide an educational system that assists each pupil in becoming a self-respecting individual who can function effectively and satisfyingly.
It is the expectation of this school district that all pupils achieve the New Jersey Core Curriculum Content Standards at all grade levels.
The Board will seek out and work cooperatively with the available resources of home and community including business and industry, in the improvement of the educational program.
The Board will endeavor to employ a high caliber, well-prepared staff of adequate size and wide-ranging abilities. Moreover, the Board will provide pupils and staff, as needs dictate and means permit, with adequate educational supplies, equipment, and facilities.
The purpose of education in the schools of this district is to facilitate the development of each child to his/her greatest potential. The school staff shall recognize individual differences among pupils and encourage their achievement and progress, not only in basic skills but in the ability to think independently and critically. The school staff shall help pupils to understand our democratic society; to believe in it and to act fairly in their relationships with others; to develop in themselves attitudes of respect and helpfulness toward others; to want, and to be able to perform well, some portion of the work of the world; to acquire knowledge and skills necessary to do this with satisfaction to themselves and society; to understand and use effective methods in framing the questions and tackling the problems that they encounter in their lives to the end that they may function politically, economically, and socially in a democratic society.
Adopted: 19 January 2005
Revised: 16 April 2008
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2132
2132 SCHOOL DISTRICT GOALS AND OBJECTIVES
The Board adopts the following goals and objectives for the operation of the education program of the school district:
The educational program of this district shall enable each individual pupil to:
1. Develop basic skills in obtaining information, solving problems, thinking critically, understanding abstract concepts and communicating effectively;
2. Gain a general education concerning the principles of the physical, biological and social sciences, the historical record of human existence, social issues, English, mathematics and geography;
3. Learn to enjoy the process of learning and to acquire the ability to learn continuously and adapt to change;
4. Develop pride in work and a feeling of self-worth;
5. Acquire an understanding of ethical principles and values, and reinforce good character and self-respect;
6. Acquire the understanding of and the ability to form responsible cooperative relationships with a wide range of people, including those of differing social, ethnic and cultural characteristics;
7. Learn how to be a good citizen within the framework of American democratic government and how to be en effective and responsible contributor to the decision- making processes of political and other institutions at the local, State, national and international levels;
8. Appreciate culture and beauty in the world and to express himself creatively in one or more of the arts;
9. Practice and understand physical activities, health and safety, and leisure time pursuits that promote personal and public health, both physical and mental;
10. Learn about and understand the changes that