Dear NJASA Members:
Yesterday, the New Jersey Superior Court, Appellate Division handed down a decision overturning a prior directive from the New Jersey Department of Education related to superintendent contracts. In
Wall Township Education Association v. the Wall Township Board of Education, the Appellate Division held that, when rescinding a superintendent's existing contract and entering into a new contract, the notice and hearing requirements of
N.J.S.A.18A:11-11 must be followed. In this case, the NJDOE, through the Executive County Superintendent at the time, indicated that prior public notice and a public hearing was unnecessary.
As a result, going forward, NJASA advises that any member who wishes to rescind and enter into a new contract with his/her board of education
must follow the public notice and hearing mandates of
N.J.S.A. 18A:11-11. Those mandates also apply to the rescission and renewal of contracts of any assistant superintendent or business administrator. However, those mandates do not apply to any new contract for an administrator who is newly-hired, or to a new contract that is replacing a contract that has expired.
Members are also reminded that the period by which any action of the board can be challenged is 90 days.
As always, any NJASA member with any question about his/her contract should contact his/her attorney at NJASA.
Very truly yours,
Maria M. Lepore
NJASA Chief Association Counsel
