NJSBA Meeting Guide

What is the role of the school board and the superintendent?

The school board is charged with representing the concerns of its community, monitoring the educational needs of its students, and creating policies to ensure that its district is well run. It does not operate the district’s day-to-day business. That is the job of the superintendent — the district’s salaried chief executive. The school board must vote on and pass items regarding policies, goals, objectives and personnel. It holds the superintendent responsible for implementing and achieving those objectives.

If I have a problem, is the school board the appropriate body to address it?

What is protocol for public participation at board meetings?

Boards may choose to respond to public comments by seeking additional information or delegating authority to the superintendent or a designee to investigate an issue.

While public education can be an emotional issue, the school board should strive to maintain a certain level of decorum at its meeting. Many meetings are recorded, streamed online, or televised, and students often attend or participate in meetings. As such, all should maintain a tone of respect and civility. Courteous behavior is extremely important during challenging times.

Why can’t the public witness what occurs during a school board closed session?

New Jersey’s Open Public Meetings Act, also known as the Sunshine Law, specifies nine specific areas that can be discussed in “executive” or closed-door sessions. The fact that a report or a contemplated action may be considered controversial does not justify closing a discussion. Executive sessions must be reopened to the public and the public must be notified that the meeting has been reopened.

The most common closed-door meeting exceptions include:

PERSONNEL: Reserved for the discussion of a particular employee or employees. In addition, the affected employee/s must be given advance notice of the board’s intention to discuss them and the right to request the meeting stay open to the public.
PENDING/ANTICIPATED LITIGATION: Issues involving attorney-client privilege are to be used only when there is potential litigation.
UNWARRANTED INVASION OF PRIVACY: Generally, when school board discussions would necessarily identify particular students, the school board is permitted to close the meeting to the public.
NEGOTIATION STRATEGIES: Specifics dealing with negotiation strategies with labor unions.
LAND PURCHASES: Only price and terms can be discussed in closed session.
SECURITY ISSUES: Specifics that could undermine safety of students and staff, if made public.

My school board seems to rapidly work through its agenda without much debate. Why is that?

School boards sometimes have a “workshop” or “caucus” meeting where they discuss issues in greater detail but do not vote on the items. Boards may use a committee structure, where select members — totaling less than a quorum of the board, often working with the superintendent or key administrators, study a specific issue and make recommendations to the full board for a vote. By the time the full board meets for a regular “agenda” or “business” session, where it votes on issues, agenda items usually have been vetted or studied.

What is the difference between a school board’s policy and state regulations and statutes?

Statutes are laws enacted by legislators in Trenton. Usually, laws will contain broad language on an issue and will authorize an appropriate state agency (the New Jersey Department of Education in the case of school law) to write regulations, also called “administrative code,” which detail how the laws will be carried out. Public schools must adhere to state statutes and regulations. However, there are many aspects of school management that the state does not manage. Those are covered by the local school board’s policies, which are the board’s rules and guidelines that detail how its district will operate.

What role does the New Jersey Department of Education play?

The New Jersey Department of Education is the primary state agency regulating public schools. The department has county offices run by “executive county superintendents,” who can effectively liase between residents and the NJDOE. Under the umbrella of the NJDOE is the School Ethics Commission, which hears cases involving conflicts of interest and possible violations of the state School Ethics Act. The state commissioner of education, who is the head of the NJDOE, also responds to many cases dealing with education issues.

Quick Guide

NEW JERSEY OPEN PUBLIC MEETINGS ACT OF 1975/OPMA ALSO KNOWN AS THE SUNSHINE LAW:

Provides residents with the right to witness in full detail all phases of government deliberation, policy formation and decision making.
Requires public bodies to provide 48 hours public notice of all meetings, the right to attend those meetings and provide minutes following those sessions.
Goes into effect whenever a quorum is present, whether in person, by phone, conference calls, email or other means of electronic communication. Read more about the act and technology.
School boards are required to set aside a portion of every meeting for public comment.
Written policies may be adopted regarding time limits and sign-in procedures.
School boards are not required to respond to questions.
A public body cannot prohibit public comments based on subject matter if the comments relate to any issue “that a member of the public feels may be of concern to the residents of the municipality or school district.”
Notice of an emergency meeting must include an agenda.
Resolutions must be passed to go into executive sessions and the time when the board anticipates the minutes of the session will be made available.
Closed-door meetings are permitted under strict guidelines.
Votes cannot occur in executive sessions. One exception to the rule requires boards to vote to certify tenure charges in a closed session.

NJSBA Meeting Guide

What is the role of the school board and the superintendent?

If I have a problem, is the school board the appropriate body to address it?

What is protocol for public participation at board meetings?

Boards may choose to respond to public comments by seeking additional information or delegating authority to the superintendent or a designee to investigate an issue.

Why can’t the public witness what occurs during a school board closed session?

My school board seems to rapidly work through its agenda without much debate. Why is that?

What is the difference between a school board’s policy and state regulations and statutes?

What role does the New Jersey Department of Education play?

Quick Guide

Central Office

Randolph High School

Randolph Middle School

Center Grove Elementary

Fernbrook Elementary

Ironia Elementary

Shongum Elementary