N.J.A.C. 6A:23A-6.2, “Nepotism Policy,” is part of what is commonly referred to as “the Accountability Regulations.” The regulation stipulates that as a condition of receiving state aid, the board of education must enact a policy that prohibits the board from initially appointing a relative of a board member, or of the superintendent to a position in the district. 

Are there any exceptions to the nepotism rules, and if so, what are they?

Yes. There are a few narrow but important exceptions to the nepotism rules. You are strongly encouraged to discuss these exceptions with your board attorney before hiring based on these exceptions.

N.J.A.C. 6A:23A-6.2 (a)(2)(ii). A school district may employ a relative of a district board of education member or chief school administrator provided the school district has obtained approval from the executive county superintendent. Such approval shall be granted only upon demonstration by the school district that it conducted a thorough search for candidates and the proposed candidate is the only qualified and available person for the position.

N.J.A.C. 6A:23A-6.2 (b) Additionally, a board of education may exclude per diem substitutes and student employees from its nepotism policy. This provision may be implemented at the district’s discretion and should be clearly set out in its local nepotism policy.