Title 18A, Title 18A: EDUCATION

18A:12-10. Application of subarticle The provisions of this subarticle shall apply to all type II school districts except as otherwise provided in this title for regional districts and except those districts in which the members of the boards of education are appointed pursuant t…

18A:12-11. Election and number of board members; terms The board of education shall consist of nine members, or it shall consist of three, five or seven members as, and if, it has been so determined pursuant to law or shall be so determined by referendum as provided in this chapt…

18A:12-11.1. New district may elect three, five, seven or nine members Whenever a new school district, except a regional school district, or a consolidated school district or a new district created under the terms of article 4 of chapter 8 of this title is created, there shall be…

18A:12-12. Increase or reduction in membership; resolution; submission of question If the board of any district shall determine by resolution that it is for the best interest of the schools that the membership of the board shall be increased from whatever number of members then c…

18A:12-13. Membership increase 18A:12-13. If at the election the question of increasing the membership of the board shall be adopted, the membership of the board shall be increased accordingly as of the organization meeting next following the next annual school election and the a…

18A:12-14. Reduction of membership; reduced number of members If at the election the question of reducing the membership of the board shall be adopted, the members in office at the next annual school election shall continue in office until the expiration of their respective terms…

18A:12-15 Filling vacancies. 18A:12-15. Vacancies in the membership of the board shall be filled as follows: a. By the county superintendent, if the vacancy is caused by the absence of candidates for election to the school board or by the removal of a member because of lack of qu…

18A:12-15.1 Terms of board members in certain districts. 45. In the case of a school district in which the annual school election has been moved to November pursuant to subsection a. of section 1 of P.L.2011, c.202 (C.19:60-1.1) or section 1 of P.L.2012, c.78 (C.19:60-1.2), the t…

18A:12-16. Application of subarticle The provisions of this subarticle shall apply to type II school districts in towns having a population of more than 10,000, in which the members of the board of education are now appointed by the mayor or other chief executive officer of the m…

18A:12-17. Appointments; terms; vacancies The mayor or other chief executive officer of the municipality shall, between April 1 and April 15 in each year, appoint one member of the board to serve for a term of 5 years beginning on May 15 next succeeding his appointment, to take t…

18A:12-18. Resolution or petition for election of members; submission In every such district the question whether or not the members of the board shall thereafter be elected by the voters of the district at annual school elections shall be submitted to the legal voters of the dis…

18A:12-19. 5-year terms 18A:12-19. If at said election the question shall be adopted, the members of the board of education then in office shall continue in office until the expiration of their respective terms and thereafter until the organization meeting following the next annu…

18A:12-19.1. Decrease of term; voter's decision 1. If the board of education of a school district organized pursuant to subarticle C of Article 4 of Chapter 12 of Title 18A of the New Jersey Statutes shall determine by resolution that it is in the best interest of the public scho…

18A:12-19.2. Approval; succession If at the election the question shall be adopted, the members of the board of education then in office shall continue in office until the expiration of their respective terms and thereafter until the first Monday following the next annual school …

18A:12-2. Inconsistent interests or office prohibited No member of any board of education shall be interested directly or indirectly in any contract with or claim against the board, nor, in the case of local and regional school districts, shall he hold office as mayor or as a mem…

18A:12-2.1 Oaths. 18A:12-2.1. Each member of a board of education shall, before entering upon the duties of his office, take and subscribe: (1) An oath that he possesses the qualifications of membership prescribed by law, including a specific declaration that he is not disqualifi…

18A:12-2.2 False affirmation, disqualification, fourth degree crime. 5. Any member of a board of education who falsely affirms or declares that he is not disqualified as a voter pursuant to R.S.19:4-1, or that he is not disqualified from membership on the board due to conviction …

18A:12-20 Indemnity of members of boards of education against cost of defense. 18A:12-20. Whenever a civil, administrative, criminal or quasi-criminal action or other legal proceeding has been or shall be brought against any person for any act or omission arising out of and in th…

18A:12-21. Short title 1. This act shall be known and may be cited as the "School Ethics Act." L.1991,c.393,s.1.

18A:12-22. Findings, declarations 2. The Legislature find and declares: a. In our representative form of government it is essential that the conduct of members of local boards of education and local school administrators hold the respect and confidence of the people. These board …

18A:12-23. Definitions 3. For the purposes of this act, unless the context clearly requires a different meaning: "Administrator" means any officer, other than a board member, or employee of a local school district who (i) holds a position which requires a certificate that authori…

18A:12-23.1 Applicability of "School Ethics Act" to charter school administrators, trustees. 1. The provisions of the "School Ethics Act," P.L.1991, c.393 (C.18A:12-21 et seq.) shall apply to an administrator and a member of the board of trustees of a charter school that is estab…

18A:12-24. Conflicts of interest 4. a. No school official or member of his immediate family shall have an interest in a business organization or engage in any business, transaction, or professional activity, which is in substantial conflict with the proper discharge of his duties…

18A:12-24.1 Code of Ethics for School Board Members. 5. A school board member shall abide by the following Code of Ethics for School Board Members: a. I will uphold and enforce all laws, rules and regulations of the State Board of Education, and court orders pertaining to schools…

18A:12-25. Disclosure statements of employment, contracts or business with schools 5. a. On a form to be prescribed by the commission and to be filed annually with the commission, each school official shall state: (1) whether any relative of the school official or any other perso…

18A:12-26. Financial disclosure statement 6. a. Each school official shall annually file a financial disclosure statement with the School Ethics Commission. All financial disclosure statements filed pursuant to this act shall include the following information which shall specify,…

18A:12-27. School Ethics Commission 7. a. There is hereby established in the State Department of Education a commission to be known as the "School Ethics Commission." The commission shall consist of nine members, not more than five of whom shall be from the same political party: …

18A:12-28. Staff appointments; duties; powers 8. a. The commission may appoint professional employees and clerical staff and may incur expenses which are necessary to carry out the provisions of this act within the limits of funds appropriated or otherwise made available to it fo…

18A:12-29 Complaint procedures. 9. a. Any person, including a member of the commission, may file a complaint alleging a violation of the provisions of this act or the Code of Ethics for School Board Members as set forth in section 5 of P.L.2001, c.178 (C.18A:12-24.1), by submitti…

18A:12-29.1 Appeal of determination of School Ethics Commission. 3. Notwithstanding the provisions of any law or regulation to the contrary, any appeal of a determination of the School Ethics Commission shall be to the Commissioner of Education whose determination shall be a fina…

18A:12-3 Cessation of membership. 18A:12-3. Whenever a member of a local or regional board of education shall cease to be a bona fide resident of the district, or of any constituent district of a consolidated or regional district which he represents, or shall become mayor or a me…

18A:12-30. Imposition of sanctions 10. Notwithstanding the provisions of any other law or regulation to the contrary, the sanctions authorized by this act may be imposed on any school official pursuant to the procedures established in section 9 of this act. However, nothing in th…

18A:12-31. Advisory opinions 11. A school official may request and obtain from the commission an advisory opinion as to whether any proposed activity or conduct would in its opinion constitute a violation of the provisions of this act. Advisory opinions of the commission shall no…

18A:12-32. Jurisdiction preempted on pending matters 12. The commission shall not process any complaint, issue a final ruling or issue any advisory opinion on a matter actually pending in any court of law or administrative agency of this State. L.1991,c.393,s.12.

18A:12-33 Training program; requirements. 13. a. Each newly elected or appointed board member shall complete during the first year of the member's first term a training program to be prepared and offered by the New Jersey School Boards Association, in consultation with the New Je…

18A:12-34. Rules, regulations 14. The State Board of Education may promulgate regulations pursuant to the "Administrative Procedures Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act. L.1991,c.393,s.14.

18A:12-4. Compensation of members A member of a board of education shall receive no compensation for his services. L.1967, c.271.

18A:12-5. Application of subarticle The provisions of this subarticle shall apply to type I school districts. L.1967, c.271.

18A:12-6. Boards; number of members The board shall consist of 5 or 7 members as provided by ordinance of the municipal governing body, except that it shall consist of 9 members in districts in cities of the first class, and in districts in which it has been so determined by refe…

18A:12-7. Boards; appointments; vacancies The boards of education shall be appointed by the mayor or other chief executive officer of the municipality constituting the district. Any vacancy occurring in the membership of the board shall be reported forthwith by the secretary of t…

18A:12-8. When appointed; commencement of terms In districts, other than those in cities of the first class, the members of the board shall be appointed between April 1 and April 15 and their terms of office shall begin on May 16, next succeeding, and in districts in cities of th…

18A:12-9. Terms of members of boards Of boards consisting of 5 members, one shall be appointed each year for a term of 5 years, of boards consisting of 9 members, 3 shall be appointed each year for terms of 3 years, and of boards consisting of 7 members, 3 shall be appointed in t…