The Role of School Boards in New Jersey: Legal Responsibilities and Best Practices

School boards in New Jersey play a vital role in shaping the policies, direction, and overall success of public schools. As the governing bodies for local school districts, they have a wide range of legal responsibilities, from policy creation to budget approvals, all of which impact the day-to-day operations of schools and the educational experience of students.

However, with these responsibilities comes the potential for legal pitfalls, particularly when it comes to governance laws and transparency requirements. In this blog, we will explore the legal duties of New Jersey school boards and discuss best practices for ensuring compliance with key laws like the Open Public Meetings Act (OPMA).

Legal Responsibilities of New Jersey School Boards

New Jersey school boards are responsible for setting the policies and regulations that govern the operations of public schools within their district. Their legal responsibilities can be broadly categorized into several key areas:

A. Policy Creation

School boards are tasked with creating and adopting policies that affect everything from student discipline to curriculum standards, school safety, and employee conduct. These policies set the framework for how the district operates and how decisions are made at the school level.

Compliance with State and Federal Laws: School board policies must align with New Jersey state laws, including the New Jersey Administrative Code (N.J.A.C.), and federal laws such as the Individuals with Disabilities Education Act (IDEA) and Title IX. Failure to ensure that policies comply with these legal standards can expose the district to legal challenges and liabilities.

Regular Policy Review: School boards must regularly review and update policies to reflect changes in law, emerging educational trends, and the unique needs of the community.

B. Superintendent Oversight

One of the most important roles of a school board is hiring, evaluating, and, if necessary, terminating the district’s superintendent. The superintendent serves as the chief executive officer of the school district, responsible for implementing the board’s policies and managing the day-to-day operations of the schools.

• Hiring and Evaluation: School boards are responsible for hiring a qualified superintendent and conducting annual performance evaluations. Evaluations should be aligned with clear, measurable goals and based on criteria outlined in the superintendent’s contract.
• Clear Communication: To avoid potential conflicts, boards should maintain a clear delineation between the role of the board (policy oversight) and the role of the superintendent (day-to-day management).

C. Budget Approvals

Another core responsibility of school boards is overseeing and approving the district’s annual budget. This includes approving funding allocations for staff salaries, facility maintenance, educational programs, and extracurricular activities.

• Financial Oversight: School boards must ensure that the district operates within its financial means while providing a quality education to students. This requires careful planning, regular budget reviews, and adherence to New Jersey’s School Funding Formula.
• Transparency in Financial Decisions: Boards must make budget decisions in an open and transparent manner, particularly when it comes to cuts or reallocations that may affect the community.

Adhering to New Jersey’s Open Public Meetings Act (OPMA)

One of the most critical governance laws affecting New Jersey school boards is the Open Public Meetings Act (OPMA), also known as the “Sunshine Law.” This law ensures transparency in government by requiring that the public be informed of, and given the opportunity to attend, meetings where official business is conducted.

A. Key Requirements of OPMA

• Public Notice: School boards must provide adequate notice of meetings, including the date, time, location, and agenda items. Notice must be given at least 48 hours in advance, and it must be posted publicly and distributed to local media outlets.
• Public Participation: The public has the right to attend meetings and participate in discussions on agenda items. The board must provide opportunities for public comment before making decisions on significant issues.
• Closed Sessions: While most board meetings must be open to the public, OPMA allows for closed or “executive” sessions under specific circumstances, such as personnel issues, litigation, or contract negotiations. However, these closed sessions must be properly justified, and the board must report on any decisions made during executive sessions at the next public meeting.

B. Legal Pitfalls to Avoid

Failure to adhere to OPMA can result in legal challenges, including lawsuits from the public or local advocacy groups. To avoid these pitfalls, school boards should:

• Strictly Follow Public Notice Requirements: Boards must ensure that all meetings are properly noticed and that agendas are clearly outlined in advance. Last-minute changes or failure to provide sufficient detail can lead to accusations of non-compliance.
• Properly Document Closed Sessions: When holding a closed session, boards must state the legal basis for the session and document the topics discussed. Any actions taken in the closed session should be disclosed to the public at the appropriate time.
• Encourage Public Engagement: To foster trust and avoid potential conflicts, boards should encourage public participation and provide clear, transparent explanations for their decisions.

Best Practices for Effective School Board Governance

Effective school board governance requires not only adherence to legal requirements but also proactive management and strategic decision-making. The following best practices can help school boards avoid legal pitfalls while promoting strong, effective governance:

A. Training and Professional Development

School board members should regularly participate in professional development to stay informed of changes in state and federal laws, as well as best practices in education governance. In New Jersey, the New Jersey School Boards Association (NJSBA) offers training sessions, legal updates, and resources to help board members stay up-to-date.

B. Foster a Strong Board-Superintendent Relationship

The relationship between the board and the superintendent is critical to the district’s success. Clear communication, mutual respect, and a shared understanding of roles and responsibilities help prevent conflicts and ensure that the district’s goals are met.

• Set Clear Goals: The board and superintendent should work together to set clear, measurable goals for the district, with the board providing oversight and the superintendent taking responsibility for execution.
• Regular Communication: Establish regular communication channels between the board and superintendent to address issues before they escalate and ensure alignment on key priorities.

C. Ensure Policy Transparency and Community Engagement

Engaging the community and maintaining transparency in policy decisions is essential for building trust and support from parents, teachers, and other stakeholders. School boards should:

• Involve the Community: Hold public forums, surveys, and community meetings to gather input on important issues such as budget cuts, curriculum changes, or school safety initiatives.
• Publish Clear Policies: Ensure that all district policies are easily accessible to the public, either online or through other means, and provide regular updates on policy changes.

D. Legal Counsel

Working closely with legal counsel is a key aspect of ensuring compliance with state and federal laws. School boards should engage with attorneys who specialize in education law to review policies, advise on OPMA compliance, and handle any legal disputes that arise.

Conclusion

The role of a school board in New Jersey carries significant legal responsibilities, from crafting policies and managing budgets to ensuring compliance with transparency laws like the Open Public Meetings Act. By understanding and adhering to these responsibilities, school boards can avoid legal pitfalls, promote transparency, and create a positive educational environment for students, teachers, and the broader community.

Effective governance requires ongoing training, clear communication with the superintendent, and a commitment to engaging the community in meaningful ways. By following best practices and keeping abreast of legal developments, school boards can meet their obligations while fostering trust and support from all stakeholders.

About the Author

Sandra Graise is the founder and host of “Legally Brewed” and a dedicated attorney with experience in litigation, personal injury, municipal law, and educational legal services. A member of esteemed legal associations, Sandra’s journey began at Rutgers University, New Brunswick, where she earned dual undergraduate degrees before excelling at Drexel University, Thomas R. Kline School of Law. When not practicing law, Sandra enjoys spending quality time with her husband, their three dogs, and a close circle of friends.