Judge Orders DOE to Revise Adminstrator Contract Regulations

Judge Orders DOE to Revise Adminstrator Contract Regulations

A judge has ordered the New Jersey Department of Education (NJDOE) to work with the Association of School Administrators (NJASA) to revise recently adopted fiscal accountability regulations. On Sept. 10, responding to a lawsuit brought by NJASA, federal District Court Judge Joel A. Pisano ruled that the recently adopted accountability regulations are flawed and must be rewritten.

Under the judge’s order, the NJDOE and NJASA must meet to discuss how the regulations can be redrafted. NJASA must provide suggestions for new language, and if the two sides cannot agree to acceptable language, both parties must be present in court on Oct. 3rd for a settlement hearing.

NJASA’s lawsuit maintains that the Commissioner did not have the statutory authority to adopt restrictions on administrator payouts for unused sick and vacation time upon retirement. It also alleges that the regulations interfere with administrators’ statutorily provided and contractually negotiated benefits, and amount to an unconstitutional taking of property without due process. Finally, NJASA claims that many of the regulations are so vague that they cannot be enforced. Until the matter is fully resolved, the judge has ordered that the existing regulations remain in place, and that the NJDOE apply them consistently and in a way that does not violate the tenure rights of school administrators.