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

NJ School Board Delegates Act on Charter School Approval, Tenure Hearing Payments

TRENTON, May 16, 2011—Delegates to NJSBA’s semi-annual meeting on Saturday voted overwhelmingly to support the concept of requiring voter approval for the establishment of new charter schools.  The delegates also approved a resolution seeking a change in law that would allow school boards to recoup the statutorily required salary paid to employees who are brought up on tenure charges in those cases that result in the staff member being removed from his or her position.

Approximately 115 delegates attended the Delegate Assembly at the War Memorial Auditorium in Trenton.

Charter Policy  Proposed by the Princeton Regional Board of Education, the new charter school policy enables NJSBA to support proposals before the Legislature—A-3852 (Diegnan, Barnes, Wisniewski, Caputo) and S-2243 (Turner, Buono)—that would require a school district’s voters at the Annual School Election to approve the establishment of a charter school.  (In the school districts where voters do not act on the budget, the board of school estimate would provide the approval.)

[Delegates address Princeton Regional proposal: watch video.]

The new policy language is an addition to NJSBA’s existing policy, which supports charter schools as a choice option within the public education sector, seeks a role for local boards of education as authorizers and sponsors of charters, and calls for changes in the funding stream for charter schools.  The Princeton Regional resolution is also consistent with NJSBA beliefs in support of voter approval of changes in school district structure, such as regionalization, conversion to an elected or to an appointed board system, and adjustment to the apportionment of costs in regional school districts.  NJSBA also supports referendums on proposed budgets over cap and school construction bonds.

Charter schools are publicly funded institutions that operate under a contract (or charter) with the state and are governed by their own boards of trustees. The local board of education’s role in the charter application process is limited to making a recommendation of approval or denial to the state Department of Education.

Charter schools receive their funding through local school districts.  For each resident student enrolled in a charter school, the school district must provide 90 percent of per pupil state equalization aid and local tax levy, as well as state categorical security aid, proportionate special education aid, and applicable federal funding.

Tenure  The delegates also approved a resolution from the South Plainfield Board of Education seeking legislation that would allow a school district to recoup the salary paid to a teacher during the tenure hearing process.  Under state law, a school district must restore the salary of a teacher who has been brought up on tenure charges 120 days after the filing of such charges.  The restoration of salary applies even though the case has not been decided and the teacher is not working.  (On average, a tenure case takes more than a year to reach a decision by the commissioner of education.)

Under the South Plainfield resolution, NJSBA would seek legislation to permit a board of education “to …obtain reimbursement of salary that a district paid to an employee during the pendency of tenure charges, should the employee ultimately be dismissed from his or her position.”

NJSBA advocates elimination of the current lifetime tenure system in favor of a renewable tenure process.  The resolution, approved by delegates, does not alter that position.  It would apply to tenure charges filed under a renewable system or under the current lifetime system.

Full Report  In other action, the delegates also approved a by-laws amendment, as well as updates to NJSBA policies on community relations and school administration as part of the Association’s periodic review of positions and policies on education.

A full report on Delegate Assembly action will appear in NJSBA’s publication, School Board Notes.

The Delegate Assembly is the major policy-setting body for the New Jersey School Boards Association, a federation of the state’s local boards of education.  Action by the delegates guides the Association in advocacy before the state Legislature, Congress and the courts.

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.