Boards of Education

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Arbitrary Action
While a board of education has the authority to withhold an increment, a lack of knowledge on the part of the teachers and principals as to the criteria used by the school superintendent in making his recommendation to the board renders such a denial arbitrary. Decision: 2 N.J.A.R. 199
Assistant Superintendent
Boards of Education may appoint assistant superintendents only after nomination by the district superintendent. Decision: 5 N.J.A.R. 393
Authority
Absent a showing of abuse of discretionary power, a board's actions are entitled to a presumption of correctness. Decision: 13 N.J.A.R. 831
Budget
A municipality's governing body is responsible for payment of the full amount of the budget appropriation for local school purposes each year; to withhold the amount would place the Board's responsibility to provide a thorough and efficient education in jeopardy. Decision: 5 N.J.A.R. 133
Budget Appeal
In budget appeal, even though Township Council did not provide a detailed statement giving reasons for budget cuts at the time the cuts were made, the reductions could be reviewed on the merits by the Commissioner of Education on the basis of a statement prepared by the Council as part of the appeal. Decision: 12 N.J.A.R. 321
Competitive Bids
Bidder's failure to submit Notice of Classification was a defect that should have been waived because the defect was cured, it was not the fault of the bidder and the notice was retroactive to a time before the bid was due. Decision: 13 N.J.A.R. 581
Conflict of Interest
While the method used by a vendor in dealing with public officials may aid in arriving at the suitability of that vendor for the award of a contract, it cannot by itself be dispositive of the contract's validity. Decision: 5 N.J.A.R. 029
Discretion
A local board of education may, in its discretion, grant extended sick leave benefits to a tenured teaching staff member beyond the allowed annual and accumulated sick leave. Since no vested rights result, however, the board's action rescinding such benefits is not arbitrary since a board has discretionary authority to rescind any action taken at an earlier meeting. Decision: 2 N.J.A.R. 327
While a board of education has the authority to withhold an increment, a lack of knowledge on the part of the teachers and principals as to the criteria used by the school superintendent in making his recommendation to the board renders such a denial arbitrary. Decision: 2 N.J.A.R. 199
Driver Education
Administrative law judge determined that while board of education may bifurcate its driver education program by deleting behind-the-wheel instruction and offering it to pupils in the adult school program, it may not charge for such a course. Commissioner rejects and affirms board's authority to offer course on a fee basis. Decision: 7 N.J.A.R. 236
Indemnification
N.J.S.A. 18A:16-06 which provides for the indemnification of a board of education employee for expenses incurred in civil actions does not envision direct payment of counsel fees to an at- torney. The statute provides solely for the repay- ment of fees to officers and employees who have incurred expenses in defending a civil action. Decision: 1 N.J.A.R. 162
Lease-Purchase Agreement
Board of education's plan to replace four buildings with one new school through a lease-purchase agreement had a rational basis and was not arbitrary or capricious. Therefore, the judge rejected petitioner's request for relief denying the approval of the plan. Decision: 13 N.J.A.R. 892
Open Public Meetings Act
While a Board of Education may have the authority to extend a consumer's contract, that action must be set aside if the meeting at which the renewal took place was improperly noticed under the Open Public Meetings Act. Decision: 6 N.J.A.R. 304
Challenged appointment of a principal was found to be valid because the board of education vote was taken at a public meeting which complied with the Open Public Meetings Act, even though the candidates were interviewed in closed sessions and board members when voting may have considered information obtained during closed meetings. Decision: 13 N.J.A.R. 846
Reduction in Force
Where school board abolished all full-time physical education teaching positions and replaced full-time physical education teachers with part- time teachers, the board violated tenure rights by maintaining more than the equivalent of one full- time position in physical education. Decision: 7 N.J.A.R. 111
A reduction in force is entirely within authority of Board of Education if done for reasons of economy. Decision: 7 N.J.A.R. 111
School Closing
A board of education's good faith effort to keep the public informed of all its actions concerning a school closing results in adequate citizen involvement even without the formation of a citizen's advisory committee. Decision: 6 N.J.A.R. 066
Sexual Harrassment
In determining whether sexual harassment has taken place, an objective standard should be used in measuring conduct. Decision: 5 N.J.A.R. 208
Sick Leave
A board .of education has no obligation to continue salary payments for any absence occurring more than 12 consecutive months subsequent to the date of any injury. Decision: 7 N.J.A.R. 040
Valedictorian Residency Rule
Formal board resolution is required to establish a residency requirement for being named valedictorian. Decision: 13 N.J.A.R. 566
Withholding of Increment
While a board of education has the authority to withhold an increment, a lack of knowledge on the part Of the teachers and principals as to the criteria used' by the school superintendent in making his recommendation to the board renders such a denial arbitrary. Decision: 2 N.J.A.R. 199
A board of education's failure to specifically provide for the withholding of both an annual employment increment and an adjustment increment supports a conclusion that the board in- tended to withhold only the employment increment. Decision: 1 N.J.A.R. 427