A Capehart Scatchard Blog

School Districts Given More Flexibility in Compensating Superintendents

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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About the Author:

Established in 1876, Capehart Scatchard is a diversified general practice law firm of over 90 attorneys practicing in more than a dozen major areas of law including alternative energy, banking & finance, business & tax, business succession, cannabis, creditors’ rights, healthcare, labor & employment, litigation, non-profit organizations, real estate & land use, school law, wills, trusts & estates and workers’ compensation defense.

With five offices in New Jersey, Pennsylvania and New York, we serve large and small businesses, public entities, non-profit organizations, academic institutions, governments and individuals.

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