Sent to:  Full Senate and members of the Assembly Education Committee

 

Re:  Amendments to NJ QSAC  (S-2136 and A-3676)

 

Dear:

 

The New Jersey Education Association, the New Jersey Principals and Supervisors Association, and the New Jersey School Boards Association, have serious concerns about amendments recently made to the New Jersey Quality Single Accountability Continuum (NJ QSAC).  The version of the bill which passed the Senate Education Committee on November 13, 2006—and which is scheduled for a hearing before the Assembly Education Committee and a full Senate vote on December 4, 2006—contains provisions which we believe will set a dangerous precedent in public education.

 

Specifically, two sections of the revised legislation confer virtually absolute powers to the Commissioner of Education and to “highly skilled professionals” appointed by the Commissioner to work in any public school district placed under state intervention, even partial invention as prescribed under Chapter 235.  Those sections are as follows:

 

  • Section 4 (5) (c)—This section would give “highly skilled professionals” the “powers and authorities” to oversee “district staffing in the area of intervention over which the highly skilled professional is assigned to provide direct oversight, including the ability to hire, promote and terminate employees.”

 

The granting of such unilateral authority, especially in relation to districts under partial state intervention, is an extreme and unnecessary infringement on the autonomy of the local school district.  Since “highly skilled professionals” are appointed directly by the Commissioner, with no local district involvement, they represent a potential for a great abuse of power.  Furthermore, as in the case of current state takeover districts, they may represent an intrusion by individuals sent by the Department of Education to “fix” perceived problems in a district and in a community about which they have little understanding.

                                                               

Amendments to NJ QSAC (S-2136 and A-3676)

November 30, 2006

 

 

  • Section 23 (New section)—This section grants unilateral power to the Commissioner to adopt regulations for NJ QSAC without processes and procedures normally required by the Administrative Procedures Act (APA).  The Commissioner “may for a period of 36 months following the effective date” of the law, “adopt, immediately upon filing with the Office of Administrative Law, such rules and regulations as the commissioner deems necessary….”

 

This section gives extraordinary power to the Commissioner for use in all public school districts.  It effectively bypasses the authority of the State Board of Education to adopt regulations and eliminates the opportunity for public input. 

 

We strongly protest granting such extensive authority—authority usually granted only in emergency situations—which allows the Commissioner to unilaterally adopt regulations and to appoint personnel to operate in all of New Jersey’s public school districts.  We respectfully ask that you delete these two amendments before voting on this important legislation.

 

Sincerely,                                            

 

Joyce Powell                            JoAnn Bartoletti                        Edwina Lee

President                                  Executive Director                    Executive Director

NJEA                                       NJPSA                                                NJSBA