Frequently Asked Questions of the School Ethics Commission

Q. What is the School Ethics Act?
A. The School Ethics Act, N.J.S.A. 18A:12-21 et seq. is a law intended to ensure that the conduct of school officials holds the respect and confidence of the people. The Legislature declared that school officials must avoid conduct which is in violation of their public trust or which creates a justifiable impression that the public trust is being violated. N.J.S.A. 18A:12-22(a).

Q. What is the Code of Ethics for School Board Members?
A. The Code of Ethics for School Board Members was signed into law on July 26, 2001 for the purpose of establishing in the School Ethics Act a code of ethics for school board members. The burden of proof is on the accusing party to establish factually a violation of the code of ethics. The Code of Ethics for School Board Members, N.J.S.A. 18A:12-24.1, does not apply to administrators.

Q. What is the School Ethics Commission?
A. The School Ethics Commission, which is charged with enforcing the act, is a nine- member body whose members are appointed by and serve at the pleasure of the Governor. Not more than five Commission members are from the same political party; two must be school board members, two must be school administrators and five must be persons who are not school officials. The Commission is established in the New Jersey Department of Education (DOE).

Q. What are the powers of the School Ethics Commission?
A. The Commission has the power to issue advisory opinions, receive complaints, receive and retain disclosure statements, conduct investigations, hold hearings, and compel the attendance of witnesses and the production of documents as it may deem necessary to enforce the School Ethics Act.

Q. How often does the Commission meet?
A. The Commission holds meetings every month on the fourth Tuesday, unless the meeting is rescheduled, which happens rarely. The Commission meetings are held at the Academy Learning Center, 145 Pergola Avenue, Monroe Township, NJ.

Q. Who is subject to the School Ethics Act?
A. The School Ethics Act applies only to school officials as defined by N.J.S.A. 18A:12-23. N.J.S.A. 18A:12-23.1 provides that the School Ethics Act also applies to administrators and members of the board of trustees of a charter school. However, the Code of Ethics for School Board Members at N.J.S.A. 18A:12-24.1 only applies to school board members and does not apply to administrators. The act does not apply to teachers or board of education attorneys, unless the attorney is hired as in-house counsel and recommends candidates for employment or the purchase or acquisition of any property or services by the local district. See Advisory Opinion A15-99 (November 23, 1999).

Q. Who is a school official?
A. The term "school official" is defined in N.J.S.A. 18A:12-23 as a board member, an administrator or a managerial employee or officer of the New Jersey School Boards Association (NJSBA). An "administrator" is defined in N.J.S.A. 18A:12-23 as an officer, other than a board member, or employee of a local school district who:

Q. Is an employee of the New Jersey Department of Education subject to the provisions of the School Ethics Act?
A. No. A DOE employee is governed by the Executive Commission on Ethical Standards (ECES). The law that governs state employees, however, has provisions that are very similar to the School Ethics Act. ECES’s Web site is found at www.state.nj.us/lps/ethics/.

Q. Can the School Ethics Commission overturn an action of the board if it finds that board members violated the School Ethics Act?
A. No. The Commission can only discipline school officials as provided in the act by recommending a reprimand, censure, suspension or removal of the school official to the Commissioner of Education. The Commission ultimately imposes the penalty. The School Ethics Commission cannot overturn an action of the board. Only the Commissioner of Education can overturn an action of the board.

Q. Who can file a complaint with the School Ethics Commission and how is it done?
A. Anyone may file a complaint with the School Ethics Commission when he or she believes that a school official has violated the School Ethics Act. A person who believes that a violation has taken place may call the Commission at (609) 984-6941 to request a complaint form. The Commission will send a form and a copy of the School Ethics Act. The complaint form and the act may also be accessed from the Commission’s Web page as well at www.nj.gov/njded/ethics/compform.htm. Complaints must be signed and notarized and submitted with two copies.

Q. Can I file a complaint against a teacher with the School Ethics Commission?
A. No. The School Ethics Act only governs the conduct of school officials as defined above.

Q. Are complaints filed with the School Ethics Commission kept confidential?
A. N.J.A.C. 6A:28-6.2(a)2 provides that complaints are confidential until the Commission first takes action at a public meeting to determine whether probable cause exists or whether a violation exists, whichever applies.

Q. Is there any timeline for filing complaints under the act?
A. Yes. N.J.A.C. 6A:28-6.1(b) provides that all complaints must be filed within one year of notice of the alleged violations. Thus, the one-year timeline does not apply to the conduct which is the subject of the complaint. The one-year timeline applies to the time at which the complainant had notice of the conduct which is the subject of the complaint. However, N.J.A.C. 6A:28-6.1(b)1 allows the Commission to relax the one-year timeline in any case where, according to its discretion, strict adherence to the timeline may be deemed inappropriate, unnecessary or may result in injustice.

Q. What should I include in the complaint?
A. The complaint should include the specific facts that cause you to believe that a violation of the act has occurred. You must also include the specific provision or provisions of the act that you believe were violated. The complaint must also include a Certification Under Oath, which must be notarized. You must send an original complaint and two additional copies, along with an original and two copies of any additional documentation, as well.

Q. What happens after my complaint has been filed?
A. The complaint will be reviewed for completeness. If you have failed to provide the specific provision of the act that you believe was violated, then the complaint will be returned to you and you will be asked to provide the specific provision. If the complaint was not certified under oath, it will be returned for you to provide the certification under oath. If the conduct about which you are complaining fails to rise to a violation of N.J.S.A. 18A:12-24 or 12-24.1, the complaint will be returned to you, and you may be referred to the appropriate forum to hear your complaint.

After it is determined that your complaint is complete, the Commission will forward the complaint to the respondent and provide the respondent with 20 days to answer the complaint by filing an original and two copies of a written statement under oath. Once the answer is received, the Commission will schedule the complaint for discussion at its next available monthly meeting.

Q. What can I expect when the complaint is heard?
A. At the hearing, both the complainant and the respondent provide an overview of their case and can present witnesses. If the complainant alleges that the respondent violated N.J.S.A. 18A:12-24, then the parties can ask the Commission chairperson to ask questions of the other party. If the complainant alleges that the respondent violated N.J.S.A. 18A:12-24.1, then the parties can cross-examine the witnesses.

Q. What happens after the probable cause hearing?
A. After the probable cause hearing, the Commission may either table the matter or vote on it. If the Commission votes to dismiss the matter, then it adopts a written decision dismissing the complaint at its next scheduled meeting.

If the Commission finds probable cause to credit the allegations and also finds that there are no material facts in dispute, then the Commission directs staff to write a written probable cause decision, which is sent to the respondent. The respondent then has 30 days to answer the written probable cause decision. At its next scheduled meeting, the Commission considers the respondent’s answer and then decides if the respondent has violated the act. If the Commission finds that the respondent has violated the act, then the Commission provides a recommendation to the Commissioner of Education as to what penalty should be imposed. The Commissioner of Education then considers the Commission’s recommendation and issues a decision regarding the penalty.

If the Commission finds probable cause to credit the allegations and also finds that there are material facts in dispute, then the Commission directs staff to write a written probable cause decision, which it sends to the Office of Administrative Law (OAL) for a hearing. After the OAL hearing, the Commission decides whether or not to accept the decision of the Administrative Law Judge (ALJ). If the Commission finds that the respondent has violated the act, then the Commission provides a recommendation to the Commissioner of Education as to what penalty should be imposed. The Commissioner of Education then considers the Commission’s recommendation and issues a decision regarding the penalty.

Q. Can I appeal a decision made by the Commission?
A. Yes. All appeals regarding the Commission’s determination of a violation of the act and the Commissioner’s decision regarding the sanction may be made to the State Board of Education. Since the Commission’s determination to find no probable cause to credit the allegations is a final agency determination, appeals from such determinations may be made to the Superior Court--Appellate Division. See, New Jersey Court Rule 2:2-3(a).

Q. Who can request Advisory Opinions from the School Ethics Commission?
A. Only school officials may request and obtain an advisory opinion from the Commission. A school official may request an advisory opinion regarding his or her own prospective conduct.

Q. Can a school official request an Advisory Opinion regarding the conduct of another school official?
A. Yes. A school official may seek an advisory opinion from the Commission as to the proposed conduct of another school official. However, he or she must show the Commission that he or she has copied the school official whose proposed conduct is the subject of the request. The school official whose conduct is in question will then have 10 days from the date of the advisory opinion to respond.

Q. On what type of conduct may a school official request advice?
A. Any school official may request an advisory opinion as to whether any proposed conduct or activity of a school official would in the Commission’s opinion constitute a violation of the act. The Commission cannot provide advice on conduct that has occurred in the past, nor can the Commission provide advice on the conduct of school employees who are not school officials.

Q. How does a school official go about obtaining an advisory opinion from the School Ethics Commission?
A. Any school official can request an advisory opinion by writing a letter to the School Ethics Commission at the NJ Department of Education, P.O. Box 500, Trenton, NJ 08625. The letter should set forth the position of the school official and the nature of the prospective conduct that the school official proposes to undertake. The Commission will contact the school official making the request, if it needs additional information.

Q. What type of training must school board members undertake?
A. N.J.S.A. 18A:12-33 provides that each newly elected or appointed board member must complete training during his/her first term. The training program is to be provided and offered by the New Jersey School Boards Association (NJSBA), regarding the skills and knowledge necessary to serve as a local board member. The training programs are offered seven times a year and are advertised in "New Jersey School Board Notes," a publication of the NJSBA.

Q. How is "newly elected or appointed member" defined?
A. N.J.A.C. 6A:28-1.2 defines "newly elected or appointed board member" as a board member who: 1) has never served as a member of either an elected or appointed school board; or 2) a board member who has not served for 10 years or more and has not previously completed a training program prepared and offered by the New Jersey School Boards Association.

Q. What action can the Commission take against board members who fail to attend training as required?
A. The Commission may reprimand, censure, suspend or remove board members who fail to attend training as required by N.J.S.A. 18A:12-33.

Q. What is the School Ethics Commission Disclosure Statement?
A. The School Ethics Commission Disclosure Statement is a form created by the Commission pursuant to N.J.S.A. 18A:12-25 and 26 that all school officials must annually file with the county office. There are two parts to the statement. The first part requests the school official to provide personal information, as well as information regarding the school official’s relatives. The second part requests the school official to provide his or her financial information.

Q. Who must file a School Ethics Commission Disclosure Statement?
A. All school officials must file a School Ethics Disclosure Statement. Therefore, school board members and certain administrators must annually file a statement.

Q. What is the deadline for filing the Ethics Disclosure Statement?
A. N.J.S.A. 18A:12-26 states that each school official must annually file a financial disclosure statement with the Commission by April 30th or, for new school officials, 30 days from appointment. Charter school trustees and administrators must initially file disclosure statements within 30 days of the grant of a charter. Thereafter, any newly appointed trustee must have 30 days from appointment to file. After the school has been established, the filings are required to be filed by April 30 as with the other school officials.

Q. How can I, as a school official, obtain a Disclosure Form?
A. You can obtain the form at www.gov/njded/ethics/fdform.htm or you can obtain a form from the county superintendent’s office.

Q. How do I complete the Disclosure Form?
A. You must provide an answer to every question. For those that are not applicable, you need to indicate N/A. However, an indication of N/A in the financial section of the form is unacceptable since everyone has a source of income. All sources of income above $2,000 must be included in the form.

Q. What is the process for filing the Ethics Disclosure Statement?
A. After you have completed the form by providing an answer to every question, you must file the form with your board secretary or the person designated by the district or charter school. That person must then provide the county superintendent with a list of the names of the school officials who are required to file disclosure statements. The designated person then must send all of the completed forms with a certification to the county superintendent’s office. The board secretary certification form can be found at www.gov/njded/ethics/fdform.htm.

Q. What may happen if I fail to submit my disclosure forms or do not submit forms in a timely fashion?
A. A school official who fails to file a statement or who files a statement containing information which the school official knows to be false will be subject to reprimand, censure, suspension, or removal.

Q. Who may view the Ethics Disclosure Statement?
A. The Ethics Disclosure Statement is a public record and is accessible to any member of the public.

Q. How do I obtain a copy of a school official’s disclosure statement?
A. Original disclosure statements are maintained at the county offices of education. Each school board and charter school is required to maintain a copy. They must allow you to view the statements upon your request, but they may have procedures that require payment of a small fee for the copy.

Q. Do school officials have to list their attendance at training and conferences on their financial disclosure forms under fees/honorariums, gifts/reimbursements or prepaid expenses?
A. If they were reimbursed for an amount greater than $250.00, then they have to list their board as a source of the reimbursement or prepaid expense. The Commission found a board member in violation of the act for not disclosing such reimbursements.

Q. Do school board attorneys have to file financial disclosure forms?
A. Board attorneys who work for private firms are not employees of school districts and, therefore, are not school officials under the act that are required to file. The Commission so advised in Advisory Opinion A15-99.

Q. If a school district has an interim superintendent due to the recent departure of the superintendent, is the interim required to complete the disclosure forms?
A. Yes, he or she should file if he or she is certified as a superintendent, or if he or she has responsibility for hiring and vendor contracts while serving as interim, since he or she would be a school official as defined under the act.

Q. Do school officials whose income is client-based, such as accountants and attorneys, have to list their clients as sources of income?
A. No. The School Ethics Act provides that individual client fees, customer receipts or commissions on transactions received through a business organization need not be separately reported as sources of income. The source of a person’s income is the business for which they work.

Q. Do members of my local board of education have to disclose their business interests, and if so, may I view their disclosures?
A. Yes. The School Ethics Act requires that all school officials file disclosure statements of their financial interests, as well as those of their relatives who have positions in the school district. Once filed, the statements are public records.