A Capehart Scatchard Blog

School Districts Given More Flexibility in Compensating Superintendents

By on May 9, 2017 in Legislation with 0 Comments

By: Robert A. Muccilli, Esq.
Editor: Sanmathi (Sanu) Dev, Esq.

School boards now have more flexibility in attracting and retaining qualified and experienced superintendents as a result of changes to N.J.A.C. 6A:23A-1.2, an accountability regulation affecting compensation, which were adopted on May 1, 2017.

Here are some of the important changes to N.J.A.C. 6A:23A-1.2 made by the rule adoption with respect to superintendents. The salary brackets, which are based on student enrollment, have been reduced from six brackets to three with the following caps: $147,794 (enrollment of 749 or less); $169,689 (enrollment of 750 to 2,999); and $191,584 (enrollment greater than 3,000). Further, the high school salary increment (for a school district that includes a high school) was increased to $5,000 from $2,500.

Additionally, the existence of salary caps no longer precludes salary increases from exceeding the caps. Upon the expiration of a contract in effect on July 1, 2016, a superintendent reappointed for a subsequent term with the same school district may receive an annual salary that exceeds the maximum salary amount by up to two percent (2%) in the first year of the renewal contract, followed by annual increases of up to two percent (2%) in each of the remaining years of the renewal contract and any contract thereafter. Similarly, if the contract in effect on July 1, 2016 is not the superintendent’s initial contract with the school district, the superintendent can renegotiate at any time after and may receive an annual salary moving forward that exceeds the maximum salary amount by up to two percent (2%) in the first year of the renewal contract, followed by annual increases of up to two percent (2%) in each of the remaining years of the renewal contract and any contract thereafter.

Other requirements relating to a superintendent’s contract can be found at N.J.A.C. 6A:23A-3.1.

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Robert Muccilli

About the Author

About the Author:

Robert A. Muccilli, Esq. is Co-Chair of Capehart Scatchard’s School Law Group and a Shareholder in the Labor and Employment Group. For over 25 years, he has focused his practice in the areas of school law, and labor and employment. He has represented school districts with respect to a variety of education law issues involving students, teachers, school construction and special education issues including questions pertaining to inclusion, least restrictive environment, discipline, behavior management, transition, evaluation, discrete trial instruction, medically fragile students, dyslexia, Down Syndrome, Aspergers Syndrome, and equal access to activities and services for disabled individuals. He has also been recognized as one of South Jersey’s Top Attorneys as published by SJ Magazine. Mr. Muccilli is admitted to practice law in New Jersey, the United States District Court for the District of New Jersey and Washington, DC.

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