New Jersey Department of Education Directive Overturned

On March 14, 2019, the New Jersey Superior Court, Appellate Division issued an opinion which overturned a prior directive of the NJ DOE regarding superintendent, assistant superintendent, and school business administrator contracts. In Wall Twp. Education Association v. Wall Twp. BOE, the Appellate Division held that when a Board rescinds a superintendent, assistant superintendent, or school business administrator’s contract, and then issues a new a new contract, the notice and hearing requirements of N.J.S.A. 18A:11-11 apply.   This ruling is contrary to previous guidance provided by the NJDOE that the notice and hearing requirements only applied to amended contracts.   Thus when any Board wishes to rescind the present contract, and enter into a new contract, with its superintendent, assistant superintendent, or school business administrator, it must now follow the public notice and hearing mandates of N.J.S.A. 18A:11-11.

The mandates do not apply to any new contract for an administrator who is newly-hired.   The mandates also do not apply to a new contract that is replacing a contract that has expired for an administrator, though nothing prohibits a Board from providing the notice and hearing provisions of the law in this situation.

Date Published: April 8, 2019

Written by: Cooper Levenson, P.A.