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January 13, 2010 • Vol. XXXII • No. 20
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PageLame Duck Post-Mortem: NJSBA |
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The 213th session of the state Legislature ended Monday. Several proposals that could have proved extremely costly to local school districts saw no action, due to efforts by NJSBA. Anti-Subcontracting A-4140 would have eliminated subcontracting of non-instructional services as a cost-saving strategy for school districts—a particularly troublesome proposal in difficult financial times. Among its provisions, the union-backed legislation would have prevented privatization of services, such as cafeteria operations, maintenance and transportation, in mid-contract. To stop the bill, NJSBA conducted a survey of school business administrators which documented savings through recent subcontracting at $38.8 million annually. Additional future savings would have been impossible if A-4140 had become law. The bill was introduced on a Friday and rushed through Assembly Committee on the following Monday morning in June; it could have been voted on at any time during the lame duck session. Prevailing Wage NJSBA’s subcontracting data also helped stop legislation, S-2850/A-4251, that would have required school districts to pay privatized cafeteria staff the prevailing wage, which is significantly higher than the minimum wage. The bill would have wiped out much of the millions of dollars in savings, attributable to subcontracted cafeteria operations, NJSBA told legislators. The Association worked with a coalition of business organizations in addressing the bill. Arbitration Bill NJSBA successfully lobbied against another union-backed bill that was rushed through committee in June. The measure, A-4142, would have proved extremely costly to school boards, while removing critical education staffing decisions from school management. A-4142 would have overturned well-established case law that gives boards of education an inherent right to terminate non-tenured employees pursuant to the terms of individual contracts. Instead, it would have required arbitration over such non-renewals, as well as over increment withholding. Thus, these educational decisions would be made through the subjective interpretation of arbitrators, who by the nature of their jobs have no understanding of the educational process. The bill’s effect on school districts’ legal costs would have been negative; its impact on the ability to make sound education decisions, devastating. Administrative Structure Earlier in the legislative session, NJSBA’s data-collection was a major factor in stopping a bill, S-2425, that would have required superintendents to assume the responsibilities of principal in small school districts. Association research showed that 70 percent of one-school districts already combine the positions. The remaining 30 percent of one-school districts use other models to reduce administrative costs, such as principal-special education coordinator or superintendent-business administrator. “School boards need to retain flexibility so they can adopt the best solution,” stated NJSBA. Contrary to popular misperception, U.S. Department of Education statistics show that New Jersey’s public schools allocate a smaller share of education dollars to administration than do 40 other states. The data, from the department’s National Center for Education Statistics, also indicate that New Jersey spends below the nationwide average on administration and above the nationwide average on instruction and instruction-related functions. Challenges Ahead For the new legislative session, NJSBA will stay on alert for policy decisions resulting from the $8 billion state budget deficit, changes in curriculum and assessment, modifications to collective bargaining law, and proposals concerning regionalization. Governor-elect Christie will take office Jan. 19. Previously, he indicated that he will not cut state education aid. He is expected to deliver his first budget message and recommendations for 2010-2011 to the state Legislature in March. “The state’s financial status has the potential to put everything on the table, from the date of the Annual School Election to how school boards bargain with teacher unions, as well as their ability to make decisions that reflect the will of their communities,” said Marie S. Bilik, NJSBA executive director. “Let me assure you that, during these uncertain times, NJSBA is committed to continuing to represent the interests of local school boards and public education before state decision-makers.” |
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Copyright © 2009 New Jersey School Boards Association. All rights reserved. |
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