P.O. Box 909 ● Trenton, NJ 08605-0909 ● Phone: 609.695.7600 ● Fax: 609.695.0413 ● Web: www.njsba.org/PI

Assembly Panel Ok’s Model CSA Contract Bill

TRENTON, September 17, 2010 —The Assembly Education Committee yesterday acted favorably on A-406, which requires the state commissioner of education to develop a model contract that all districts must use as a basis when employing superintendents. The committee amended the bill prior to releasing it to the Assembly floor, where it can now be voted on by the full house. The Senate version of the bill, S-1070, is currently in the Senate Education Committee.

Under A-406/S-1070, the commissioner of education must consult with NJSBA and the New Jersey Association of School Administrators in developing the state’s model agreement. Last year, the two organizations developed the NJSBA/NJASA Model Contract, which is consistent with current state law and regulation, and made the document available to their members. (NJSBA members may obtain a copy of the model contract by contacting their district’s field service representative.)

NJSBA presented the following comments on A-406 to the Assembly Education Committee on September 16:

The New Jersey School Boards Association (NJSBA), a non-partisan federation representing every local school district, seeks amendment to A-406. The NJSBA believes that two of the most significant responsibilities of the board of education are: 1) The hiring of a chief school administrator and, 2) Annually reviewing the performance of the chief school administrator in implementing the district’s educational goals, vision and direction. NJSBA also believes the authority for management of public schools should rest with local boards of education and that State authority over school districts should not exceed the scope necessary to fulfill the constitutional mandate for a thorough and efficient system of free public education. Finally, NJSBA believes that all rules, regulations, and guidelines governing local boards of education should be submitted for open public review and approval of the State Board of Education and implementation of state regulations should be consistent with officially adopted rules.

The NJSBA looks forward to working with the Commissioner of Education in the development of the model contract as specified in the bill. Local districts must be accountable to the local taxpayer in the use of public funds while having the ability to attract the most qualified school leaders to meet the unique educational needs of their students.

To meet all of these goals, the NJSBA offers the following amendments for the consideration of the sponsors and the committee:

Section 1a: “The mandated model employment contract may be altered by the school district and prospective superintendent of schools only with the prior approval of the commissioner.” The NJSBA seeks amendment so that alteration occurs “only with the [prior] approval of the [commissioner] executive county superintendent.” Existing law (N.J.S.A. 18A:7-8j) already requires the executive county superintendents to review and approve the local superintendent’s contract, according to standards adopted by the commissioner. To require prior commissioner approval of alterations is duplicative of the executive county superintendent’s approval of the contract.

Section 2: The NJSBA seeks to have the State Board of Education be the body that promulgates the regulations to effectuate the purposes of this act so that it reads, “Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the [Commissioner] State Board of Education may adopt, immediately upon filing with the Office of Administrative Law, such rules and regulations as the commissioner deems necessary to effectuate the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) which shall be effective for a period not to exceed 12 months following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). The regulations shall thereafter be amended, adopted, or readopted by the commissioner in accordance with the provisions of P.L.1968, c.410 (C.52:14B-1 et seq.); and the [commissioner] State Board shall, at a minimum, hold at least one public hearing in each of the north, central, and southern regions of the State within 60 days of the public notice of any regulations proposed by the commissioner to be amended, adopted, or readopted pursuant to that act.

The NJSBA thanks the sponsors for the consideration of these amendments and looks forward to the release of the amended bill from the Assembly Education Committee.

The New Jersey School Boards Association is a federation of 588 local boards of education and includes 44 charter school associate members. NJSBA advocates the interests of school districts, trains local school board members, and provides resources for the advancement of public education.