Accountability Regulations Enacted

Budget, Education Bills Become Law

New School Construction Bill Becomes Law

Conference Notes: Conference Slated on School Funding Formula

NJSBA At Your Service

A Focus on Photos

Position Available: Policy Consultant

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On July 1, the Commissioner of Education filed the emergency accountability regulations with the Office of Administrative Law, and those regulations were quietly posted on the Department of Education’s Web site the next day. The regulations, which implement A-4, the CORE legislation, and the School Funding Reform Act of 2008, are effective immediately.

The 84-page document is available on the department’s home page, as is a “Frequently Asked Questions” document that concentrates on executive county superintendent review of administrator contracts.

The accountability regulations only address sections of the statutes that allow regulations to be implemented on an emergency basis—that is, without the normal review and public comment process before the State Board of Education.

NJSBA informed the NJDOE of serious problems with the draft regulations. Several provisions could drive up administrative costs at a time when school districts are absorbing inaccurate and unfair criticism for administrative spending.

Major Provisions The newly enacted regulations address subjects related to the oversight responsibilities of the Executive County Superintendent, including standards for review of central office administrators’ contracts. The regulations also address efficiency standards for proposed school budgets, including per-pupil costs for administration, support services and maintenance and operations as well as staffing ratios for custodians. The regulations mandate financially self-sufficient food service operations—a difficult goal for districts that have high numbers of students receiving free or reduced-price lunches, since federal reimbursement does not fully cover the costs. There are also restrictions on public relations and other professional services, including access to legal counsel.

A section that details conditions for receipt of state aid requires school boards to adopt policies addressing nepotism, prohibiting the awarding of contracts to campaign contributors, and complying with restrictions on board member travel as outlined in the School District Accountability Act. More details on the regulations are available at NJSBA’s Board Blog.

Additional Regulations Expected There are even more accountability act rules on the way. On Monday, Gov. Jon Corzine signed A-2965/S-1911, which gives the commissioner authority to issue emergency regulations for one year for other areas of the accountability legislation—also without public comment before, and approval by, the State Board of Education. School boards got a peek at how extensive the new regulations may be, when the NJDOE posted a 205-page draft online in April. (It has since removed the link.)

After one year, the emergency regulations will be readopted through the usual regulatory process with public hearings.

Lucille Davy, the education commissioner, has indicated that she wants all sections of the proposed accountability regulations to be in place before school begins in September.