NJ Parents - Law and Policy

Public education is a field that is governed by many layers of law. Regulation begins at the federal level when the United States Congress makes laws affecting various areas of education such as special education and remedial programs. In addition to the Congressional acts that are passed, federal agencies create rules and regulations to implement federal law and these affect all school districts. Only Congress can change federal statutes, although they can be declared invalid by court decisions.

Similarly, proposals affecting education are constantly enacted as state statutes by the New Jersey State Legislature. After they are signed by the Governor, they become part of a body of education law entitled New Jersey Statutes Annotated (N.J.S.A.) Title 18A. For example, included in Title 18A are the Comprehensive Educational Improvement and Financing Act (CEIFA), the Charter School Program Act, and more recently, the Educational Facilities Construction and Financing Act . Additionally, statutes enacted in other areas, such as public health, employment, and elections, may also apply to school districts. Only the Legislature can alter state statutes, although they may be declared invalid by the courts.

In order for state education statutes to be implemented, details are often needed about procedures and applications. These are developed by the Department of Education working in concert with the State Board of Education by means of the administrative code process. Once a law has been signed, where necessary, the code process begins with proposed code, also referred to as rules or regulations. The state board begins discussion of the proposed code, and the public is invited to give input. The code proposal is revised and ultimately adopted by the state board, at which time it is added to the New Jersey Administrative Code (N.J.A.C.) Title 6/6A. For instance, the state board has adopted code for CEIFA and for charter schools. Rules and regulations adopted by a state agency have the force of law unless changed by the agency or invalidated by court action or a change in statute.

School districts must also abide by the holdings of decisional law, which include court and state/federal agency administrative decisions. Unless overturned on appeal or altered by subsequent decisions, the holdings of courts and agencies have the force of law. There are three primary sources of decisional law affecting education. First are the decisions of the Commissioner of Education, who decides controversies and disputes arising under the school laws through an administrative hearing process. Second are those issued by the School Ethics Commission, which issues decisions with respect to alleged violations of the School Ethics Act. The decision of the State Board of Examiners is the third source. That body issues decisions suspending or revoking certificates of teachers.

Appeals from any of the three primary sources may be made to the State Board of Education, which decides appeals of Commissioner, School Ethics Commission and many State Board of Examiners decisions. Decisions by the State Board of Education are binding on the parties to the appeal and are also binding on the Commissioner, the State Board of Examiners, and the School Ethics Commission. If a party is not satisfied with the decision of the state board, he or she has a right to appeal to the Appellate Division of the New Jersey Superior Court, then to the New Jersey Supreme Court.

Not only are districts regulated by statute, code, and decisional law, but they must follow state and local policy as well. Local board of education members are the school district's policy makers. That is one of their primary functions. In fact, while the state establishes the broader framework within which school districts must operate, local boards of education set many of the policies and procedures that most directly affect students and staff. Districts have policy manuals that contain written policies adopted by vote of the board. Parents should be familiar with these policies, and you can request to see them at the school district's administration building. Parents can affect local policies by attending board meetings and participating in the process of creating local policy. Proposed policies are open for public input. For instance, parents often write to the Commissioner about the fall cut-off date set for a child's entrance to school in their district. Since there is no specific cut-off date prescribed by law, local districts make that decision as local policy.

Local policies are generally considered valid, as long as they do not come into conflict with provisions that are contained in federal or state statutes and regulations. Disputes that arise from local board decisions can be brought before the Commissioner of Education for a legal determination when they involve questions of education law. However, local board decisions cannot be voided by the Commissioner, unless they are found to be in violation of state law. The Commissioner's judgment cannot be substituted for that of the local board.

One major function of the Department of Education is to create policy initiatives that shape the state system of education to fit the Governor's vision for education and the state board's strategic plan. For the last decade, the department has created initiatives that launched standards-based reform in New Jersey. For example, they included development and adoption of the Core Curriculum Content Standards; development of the fourth-grade test and alignment of the grade eight and high school assessments; charter schools; school choice; the school funding system; early childhood education, and whole school reform - among others.

The department also administers federal and state entitlement and discretionary grant programs that make available millions of dollars to local school districts, community-based organizations, institutions of higher education, and other agencies to support critical education initiatives such as whole school reform, educational technology, charter schools, community service, school-to-work, adult education, and many others. Additionally, the department posts on this Web site current information about grant opportunities available from other sources, including the federal government and public and private foundations.

One of the most important roles of the department for local districts is in the administration of state aid in accordance with the formulas contained in CEIFA. In the beginning of each year, the department's finance division issues the state aid report showing what each district is entitled to in all of the state aid categories. The local district then takes its state aid figures and factors them into the local school budget that citizens vote on in April. Whatever amount of the local budget that state aid does not cover must be provided by the community's taxpayers and is referred to as the local share. The best way to learn about how the funding law affects the local budgeting process is to attend board sessions in the fall of the year when board members and administrators are determining the priorities in the local budget and developing the budget questions that will appear on the ballot.

Parents often ask about resolving disagreements that arise under the various laws and policies that affect school districts. Many problems and disagreements can be resolved by contacting the school principal or district superintendent of schools. If efforts at the local level are not successful, the county office of education may be able to assist. If an issue stems from alleged violations of state school law, or disagreement over its interpretation or application under particular circumstances, and the aggrieved party wants to have the opportunity to present argument and evidence at an administrative hearing, if the matter does not primarily involve special education issues, a petition of appeal can be filed with the Commissioner of Education. This is done through the Bureau of Controversies and Disputes using the process found in the Controversies and Disputes code. If a person alleges conduct in violation of the School Ethics Act, a complaint can be filed with the School Ethics Commission, as provided in the School Ethics code. If a complaint is about a local district's placement of a special education student, it may be addressed to the Office of Special Education. If a complaint alleges wrongdoing by school district officials or irregularities in district operations, it may be addressed to the County Superintendent or to the Department of Education's Office of Compliance.

Certain types of disagreements, because they do not arise under state education law, must be pursued through other state agencies, the courts, or at the federal level. If you are not sure how to address a problem that cannot be resolved at the local school district level, the county office of education may be able to provide guidance in some instances. Additionally, the offices listed above, while not permitted to give legal advice, are able to provide information about the school laws within their areas of operation, and about their respective processes for filing complaints or appeals. Phone numbers for department offices are available in the department overview.

Parental involvement in education is essential for progress in any attempt to reform the education system. If at all possible, parents should attend local board meetings, vote in April school board elections, volunteer in school, participate in the PTA, serve on school management teams or district committees and councils, and, above all, be active advocates for your children.