The state Board of Education on January 4 found a local school board member, who filed federal special education due process claims against his school district, to have a conflict of interest, warranting his removal from office. The decision marked the first time that the state board has determined that such conflict existed under the “Inconsistent interests” statute (N.J.S.A. 18A:12-2) as a result of a board member/parent seeking due process through the federal Individuals with Disabilities Education Act.

In Board of Education of the City of Sea Isle vs. Kennedy, the state board affirmed a June 30, 2005 Commissioner of Education Declaratory Ruling removing the board member from office. According to the commissioner, the individual’s dual interests as a member of the board of education and as a father precluded his continued board membership, unless he abandoned his due process claims, which the commissioner considered “direct and personal” in nature.

While the board member routinely abstained from all matters regarding his child, the commissioner found that remedy to be insufficient. Statute (N.J.S.A 18A:12-2) “does not provide for board members in such situations to serve while abstaining from vote and discussion on selected issues,” the commissioner found.