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Tag: superintendent

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 […]

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Commissioner of Education Dismisses Cases Against Superintendent for Lack of Jurisdiction

By on April 18, 2017 in Labor & Employment with 1 Comment

On March 30, 2017, the New Jersey Commissioner of Education (“Commissioner”) in Chiodi v. Eitner affirmed an Administrative Law Judge’s (“ALJ”) decision dismissing cases brought by three teachers against Superintendent Jason Eitner of the Waterford Township Board of Education (“Board”) due to a failure to state a claim upon which relief can be granted. The teachers sought to revoke the Superintendent’s certificate for conduct unbecoming based on allegations of sexual harassment, age discrimination, and bullying. In short, the cases were dismissed for lack of jurisdiction. The teachers alleged that the Superintendent discriminated against them, invaded their privacy, and violated school […]

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Non-Renewal Provision in Superintendent’s Contract Voided

By on December 13, 2016 in Labor & Employment with 0 Comments

On December 1, 2016, the New Jersey Commissioner of Education (“Commissioner”) upheld an Administrative Law Judge’s determination to invalidate a non-renewal provision contained in a Superintendent’s contract. In Richardson v. Gangadin and Jersey City Education Association v. Jersey City Board of Education, the Commissioner found that a board of education and a Superintendent may not alter the statutory requirements governing the renewal of a Superintendent’s contract. N.J.S.A. 18A:17-20.1 provides, in part, that a Superintendent will be automatically reappointed or renewed unless the board of education affirmatively provides timely notice.  Such notice must be 30 days for each year in the […]

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Interviewing Candidates is Beyond the Authority of the Board

By on April 1, 2016 in Board Members with 0 Comments

Many boards of education have personnel committees in which one or two board members, in a limited capacity, participate in the committee. May a board member be involved in the interview process of a candidate seeking employment with the board? The New Jersey School Ethics Commission (“Commission”) advises no. In Advisory Opinion A31-15 issued on January 26, 2016, the Commission determined that a board member would likely violate the New Jersey School Ethics Act (“Act”) if he involved himself in the interview process of potential candidates. The specific provisions of the Act which would be violated are N.J.S.A. 18A:12-24.1(c) and (d): […]

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