As a reminder, P.L. 2025, c. 72 changed the requirements for the online publication and advertisement of required legal notices. There are three important dates that boards of education need to bear in mind: Jan. 1, 2026; March 1, 2026; and July 1, 2026.
Starting on Jan. 1, 2026, and at least two times per month through Dec. 31, 2026, boards of education, like all other public entities required to publish or advertise legal notices, “shall provide an advertisement in an online news publication” that (1) states that the complete text of each legal notice may be obtained or viewed by the public on the board of education’s official website and (2) provides the hyperlink from its official website to the Secretary of State’s “legal notices hyperlink Internet webpage.” N.J.S.A. 35:3-5. Note that the Secretary of State has until March 1, 2026, to “establish an Internet webpage on which shall be included hyperlinks to the legal notices webpage of each public entity.” N.J.S.A. 35:3-2. Therefore, until the Secretary of State’s webpage is fully established, boards of education will still be deemed to have satisfied the new requirements of the law, even if the hyperlink from its official website is not provided or posted on the Secretary of State’s webpage. N.J.S.A. 35:3-5.
Boards of education should consult with their attorneys on the language that should be included in their bi-monthly advertisements through Dec. 31, 2026, but suggested sample language may include: “PLEASE TAKE NOTICE that, pursuant to P.L. 2025, c. 72, and effective March 1, 2026, the complete text of each legal notice of the _______ Board of Education, _________ County, may be obtained or viewed by the public on our official website, which is located at INSERT HYPERLINK FOR PUBLIC NOTICE PAGE.”
Once the Secretary of State’s legal notices webpage is fully operational, boards of education would need to include additional language in their bi-monthly advertisements, such as: “PLEASE TAKE FURTHER NOTICE that, The New Jersey Secretary of State’s legal notice webpage for the _______ Board of Education, _________ County, can be found at INSERT HYPERLINK FOR THE SECRETARY OF STATE’S LEGAL NOTICES WEBPAGE.”
Beginning on March 1, 2026, boards of education will be required to publish or advertise all legal notices on their official website. The board of education’s official website must be accessible, and available to the public free of charge. In addition, a direct hyperlink “to [the] legal notices published on the [board of education’s] official … website shall be conspicuously placed on the website’s homepage.” N.J.S.A. 35:3-2. Boards of education will also need to submit, and to amend as necessary, their legal notices hyperlink directly to the Secretary of State.
Note that there is nothing in the law that prohibits boards of education from voluntarily publishing or advertising legal notices other than on their official website, including in print and/or on an eligible online news publication, on and after March 1, 2026. Instead, and at a minimum beginning March 1, 2026, the law requires that legal notices be posted on the board of education’s official website. Boards of education should consult with their board attorneys on adopting a resolution that will clarify the means by which their legal notices will be published or advertised, effective March 1, 2026.
In addition, and no later than March 1, 2026, boards of education must begin to maintain an archive of legal notices that are no longer displayed, but which shall be kept for at least one year. Boards of education must display all legal notices on their legal notices webpage for at least one week, or other time period prescribed by law, before transferring the notice to their archive of legal notices. N.J.S.A. 35:3-2.
Finally, and no later than July 1, 2026, boards of education must publish an archive of their legal notices and shall maintain the archive thereafter. N.J.S.A. 35:3-2.
When additional guidance becomes available, the NJSBA’s Legal Department will provide timely updates.
For additional information about this matter, please contact the NJSBA Legal Department at (609) 278-5279 or your board attorney for specific legal advice.
