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), as well as members of the board of trustees of a charter school. N.J.S.A. 18A:12-23.1.

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). Also, employees of the New Jersey Department of Education are not subject to the School Ethics Act, although the law that governs state employees has provisions that are very similar to the School Ethics Act. The State Ethics Commission’s website is found at http://nj.gov/ethics/.