Transcript Governance in New Jersey School Districts

Law, Ethics and Governance for All Leaders,
including an Overview of New and Emerging Issues
School District Governance,
Ethics and Emerging
Developments in School Law,
2012
Public education is governed by law
 Sources of education law:
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Constitutions
Statutes
Agency regulations
Judicial opinions
Federal statutes include civil rights laws, NCLB,
IDEA, Section 504
› State laws include N.J. constitution, Title 18A of
NJ statutes; Title 6 of NJ regulations; NJ Law
against Discrimination)
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Legislatures (federal and state)
 Governor
 State Board of Education
 Department of Education and
Commissioner
 Local boards of education
 NJ PERC
 School Ethics Commission
 State Board of Examiners
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Created by statute
Charged with “making, enforcing, altering
and repealing” rules as necessary to
carry out state law
State board members appointed by the
Governor, with advice and consent of
NJ Senate
Chief executive and administrative
officer of NJ Department of Education
 Charged with
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› ensuring the thorough and efficient
operation of all public schools
› Prescribing minimum courses of study; and
› Reporting to the State Board, legislature and
public regarding the public schools
Charged with responsibility “to make,
amend and repeal rules, not inconsistent
with state statutes and rules, necessary
to manage public schools”
 May sue and be sued, like other public
entities”
 Type I and Type II
 Board members—must be citizens of NJ
and school district for 1 year, and able to
read and write
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Serves under contract (3-5 years in length)
with local board of ed.
Serves as chief executive and
administrative officer of board of ed.
Charged with general supervisory
responsibility over the schools of the district
Non-voting member of board of ed.
May not be dismissed except for
inefficiency, incapacity or conduct
unbecoming
State law governing how to measure school
district performance = NJ QSAC (Quality
Single Accountability Continuum)
 Enacted in 2005--amended several times,
including 2012
 Why “single accountability continuum”?
To bring together in one law all
accountability standards, and rate districts
along a continuum of performance levels
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QSAC evaluations look at 5 broad areas:
instruction and program; governance;
fiscal management; personnel; and
operations
 “High performance” rating = district
satisfying 80% - 100% performance
indicators in all 5 areas
 Full QSAC reviews--every three years
 Statement of assurance—annually, 50
indicators in 5 areas
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$4.2 million settlement of case of personal
injury, due to student bullying (Ramsey
Board of Ed., March 2012)
 $302,000 settlement of sex harassment
lawsuit (North Hunterdon-Voorhees Reg’l
H.S. District, 2010)
 $54,900 in legal fees of student who
obtained a court order allowing her to wear
an armband and distribute flyers in school
for Pro-Life Day of Solidarity (Bridgeton Bd.
of Ed., 2010)
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Measured in indicators listed in QSAC
Fiscal Operations checklist
(see N.J.A.C. 6A: 30-)
 Fiscal accountability regulations detail
many requirements, at N.J.A.C. 6A: 23A,
including:
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› Travel regulations
› Documenting communications with counsel
› No nepotism in board hiring
Public employees have the right to
bargain terms and conditions of
employment, according to NJ EmployerEmployee Relations Act, N.J.S.A. 34
 Collective bargaining agreements
Details in LEGAL ONE, module 3
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School Ethics Act lays out ethical principles
for “school officials” (includes administrators
& board members)
 Conflicts of interest principles include:
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o Self or members of immediate family to have no
interest in a business in substantial conflict with
the discharge of duties in the public interest
o Shall not use position to secure unwarranted
privileges, advantages or employment for self or
members of immediate family
o N.J.S.A. 18A: 12-24, enacted 1992
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Key principles for board members:
o policymaking, planning and appraisal
o not to administer, but to see that schools are
well-run
o (N.J.S.A. 18A: 12-24.1)
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Applies to boards of education and other
governing bodies
Requires 48 hours’ advance written notice
of meeting, including time, date, location
and agenda, and whether or not any
formal action will be taken
Limited authority to exclude public if certain
items are discussed (e.g., negotiations,
pending litigation, employee matters)
Remedy for violation: invalidate bd. action
N.J.S.A. 10:4-6 et seq., enacted 1975
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Intent is to increase public access to government records
Creates a presumption that government records should be
available to public
Defines “public record” broadly to include not only formal
documents, but also other media including emails, maps,
handwritten notes, as long as they are “made, maintained, kept
on file, or received by a public agency in the course of its official
business.”
Includes emails regarding public business written on personal
computer and/or personal time
Personnel record exception: personnel records exempt from
disclosure under OPRA
Remedy for violation: knowing and willful violators subject to
$1,000 fine for initial violation; $2500 fine for 2d; $5,000 for 3d,
within 10 years of initial violation
Government Records Council decides OPRA disputes
N.J.S.A. 47:1A-1 et seq., enacted 2001
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State and federal law govern protection, and any disclosure, of pupil
records ((N.J.S.A. 18A: 36-19; N.J.A.C. 6A: 32-7.1; 20 U.S.C. 1232)
Mandated pupil records: personal data (name, address, dob, parent
names, citizenship, sex); attendance; description of pupil progress;
health history; special education history
Permitted records: those a bd of ed has authorized by resolution be
kept to promote educational welfare of pupils
Access available to: parent/guardian; pupil under 18 with parent
written consent; pupils age 16 or older who are dropping out; adult
pupils; certified school personnel with responsibility for pupil; clinics and
agencies approved by NJDOE; district bd of ed; secretarial and clerical
personnel to extent necessary to enter and record data and perform
routine clerical tasks; accrediting organizations; Comm’r of Ed. and
NJDOE staff as necessary; Officials of other NJ bds. of ed. within which
student is placed; USDOE officials; state child welfare agency for child
referred to the agency; outside orgs. with written parental consent or on
court order; military recruiters; and bona fide researchers
FERPA (Family Educational Rights and Privacy Act) gives students over 18
and their parents/guardians rights concerning pupil records—to inspect
and review; request amendment; consent to disclose personal info.
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Boards of education must enter into
contracts through competitive bidding
Bid threshold: $17,500, with provisions to
increase to $25,000 under certain
circumstances
Board has duty to contract with “lowest
responsible bidder”
Exceptions to public advertising for bids
exist:
Public School Contracts Law, N.J.S.A. 18A:
18A et seq.; rules, N.J.A.C. 6A: 21.1
Issues illustrated in 2 videos:
1. Board member ethics
2. Fiscal accountability regulations
Issues illustrated in 5 scenarios:
1.
School ethics
2.
NJ Sunshine Law
3.
Public records
Online assessment available at
www.legalonenj.org