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Legal

The NJSBA Legal Department is comprised of attorneys, who cumulatively possess more than 50 years of experience working at NJSBA. They enjoy the administrative support of assistants, who share over 40 years of experience between them.

The Legal Department provides a variety of Dues Based services including Amicus Curiae Litigation, publications, training, legislation as well as Fee Based Services.

Every day of the week, one staff attorney sets aside all other projects and devotes the day to providing legal information to callers. Legal staff welcomes phone calls from board members and member charter school board trustees, school administrators, and board counsel.

Contact us via email or phone, 609-278-5254.

Issues and Updates

Frequently Asked Questions Concerning Board of Education Organization, 2014-2015
The majority of local school boards will organize during the first week of January. NJSBA Staff Attorney’s compiled answers to 33 frequently asked questions about board organization. (12/2)
2014 School Election Questions and Answers
Compiled annually by NJSBA's staff attorneys, this resource answers 119 frequently asked questions about the April and November school election process.
New Law Requires High School Students to Learn CPR
A law that requires high schools to train students in cardiopulmonary resuscitation and on the use of an automated external defibrillator (AED) was signed into law recently. (9/5)
Making Up Snow Days: Meeting the 180-day Requirement
NJSBA’s staff attorneys provide an FAQ on the statutory instructional day minimum, related regulation, and previous guidance issued by the NJ Department of Education. (2/12)
2014 School Election and Budget Procedures Calendar
The N.J. Department of Education recently issued the list of critical dates in the budget development and election process.
Reminder: New Board Members Must Complete Criminal Background Checks
December 12 is the deadline for newly elected board members to complete a criminal background check.
Podcast Show to Feature Legal Issues with the New Tenure Law
The Dec. 6 Conversations on New Jersey Education program will feature a discussion with a school attorney on the new tenure law.
Federal Government Issues Guidance on Bullying and Special Education Students
The U.S. Department of Education’s (USDOE) Office of Special Education and Rehabilitative Services (OSERS) recently issued guidance that clarifies a district’s responsibilities to special education students and bullying. (11/12)
Education Matters: Sunshine Law
The Open Public Meetings Act is the subject of an on-demand episode of Education Matters. (11/12)
2013 School Elections - Questions and Answers
Frequently asked questions about the upcoming April and November annual school elections.
Governor Names Members to Anti-Bullying Task Force
Gov. Chris Christie named four members to the state’s Anti-Bullying Task Force. The creation of the task force was called for in recent amendments to the Anti-Bullying Bill of Rights Act. (5/1)
New Board Members Must Undergo Background Checks before May 17—NJDOE
New board members elected April 17 must undergo fingerprinting before May 17, according to NJDOE. Read how to register for fingerprinting. (4/19)
Anti-Bullying Bill of Rights Act Amended
The amendments enacted March 26 responded to action by the Council on Local Mandates which found that, unless the Legislature provided funding for its implementation, the Anti-Bullying Bill of Rights Act is a new unfunded state mandate and, therefore, prohibited by the state Constitution. (3/27)
Independently Arranging Rice Notice Found to Be Ethics Violation
The New Jersey School Ethics Commission determined that a board member violated the state ethics act when he took private action to unilaterally arrange for a Rice notice to be sent to an administrator who was terminated from his job. (3/20)
High Court Declines to Hear Social Media Cases
The U.S. Supreme Court has declined to review two free speech challenges from Pennsylvania involving students who were disciplined for using off-campus computers to create lewd parodies of their principals on MySpace. (1/31)
School Law Update
NJSBA staff attorneys review recent cases that have significant implications for local boards of education. (December 2011)