New Jersey Department of Education

Public Advisory Opinions

Please be advised that subsequent decisions may have overturned or altered opinions previously issued.

Advisory Opinion Date Issued Date Public Brief Summary
A14-23 11/28/2023 12/01/2023 Does a board member whose spouse is employed at the NJDOE have a conflict?
A11-23 6/27/2023 6/27/2023 Does a board member whose mother-in-law is employed in district have conflict?
A10-23 6/27/2023 6/27/2023 Does a board member whose child is employed in district as student employee have a conflict? 
A09-23 4/25/2023 6/27/2023 Do administrators who are in a relationship have a conflict?
A08-23 4/25/2023 6/27/2023 Can a board member's company bid on contract with the district?
A07-23 4/25/2023 6/27/2023 Do board members who have family members employed by the Board have a conflict?
A06-23 4/25/2023 6/27/2023 Does a board member's sister-in-law create a conflict?
A05-23 5/23/2023 6/27/2023 Can conflicted board members participate in matters?
A04-23 3/21/2023 6/27/2023 Can a charter school trustee serve on the board for two charter schools?
A03-23 1/31/2023 2/21/2023 Can a board member become a special education advocate for families in the district?
A02-23 1/31/2023 2/21/2023 Can a board member with a spouse who is employed in local government participate in matters related to the SRO?
A01-23 1/31/2023 2/21/2023 Can a board member work in for a food service company that contracts with the district?
A12-22 11/22/2022 2/21/2023 Can a board member vote "no" on curriculum?
A03-22 2/04/2022 2/21/2023 Can a board member/teacher in another district, who does not pay dues, participate in negotiations?
A02-22 2/25/2022 2/21/2023 Can a board member post information related to the Board on social media?
A20-21 12/15/2021 2/11/2022 Can board members with in-laws and cousins employed in district participate in matters related to the Superintendent?
A19-21 11/30/2021 2/11/2022 Can board members with family employed in the district participate in matters related to the former Superintendent?
A17-21 10/20/2021 2/21/2023 Can a board member volunteer to be an official for a district sport?
A16-21 9/21/2021 2/11/2022 Can a board member with an ex-spouse employed in the district participate in matters related to the  Superintendent?
A13-21 5/25/2021` 2/11/2022 Can a board member work for a public facing company that does business with schools?
A12-21 4/27/2021 2/11/2022 Can a board member work for a company that sells products to schools?
A04-21 3/23/2021 2/11/2022 Can a board member who volunteers for a non-profit continue to volunteer?
A03-21 3/23/2021 2/11/2022 Can a board member who runs a non-profit offer services to families within in district?
A01-21 3/23/2021 2/11/2022 Can a board member who is an accountant provide services to district employees?
A21-20 1/26/2021 2/11/2022 Can a board member with a brother-in-law employed in the district participate in negotiations?
A12-19 6/20/2019 2/11/2022 Can a board member who belongs to the Land Use Board participate in the sale of a Board building?
A01-19 3/27/2019 2/11/2022 Can board members who are employed by the city participate in land transfer between the Board/city?
A13-20 7/21/2020 10/30/2020 Can a Superintendent recommend sister-in-law for promotion?
A06-19 5/03/2019 5/24/2019 Can a board member be employed as a bus driver in the district?
A10-18 4/30/2018 April 2018 Can a board member who endorsed candidates and a board member who is involved in litigation participate in matters?
A15-18 4/25/2018 April 2018 Can a board member who is very active in the PTA participate in matters?
A06-18 3/28/2018 March 2018 Can a student be a board member?
A07-18 3/28/2018 March 2018 Can a board member who has a cousin employed in the district participate in matters?
A36-17 1/03/2018 January 2018 Can a student be a board member?
A35-17 12/19/2017 January 2018 Can a board member with a cousin who is employed in the istrict participate in matters?
A32-17 11/28/2017 December 2017 Can a board member who is a member of a union participate in matters?
A28-17 10/31/2017 November 2017 Can two non-conflicted board members negotiate Superintendent's contract?
A24-17 9/26/2017 October 2017 Can board members with various familial conflicts participate in matters?
A19-17 6/27/2017 July 2017 Can the Board invoke the Doctrine of Necessity due to various conflicts?
A24-16 10/24/2016 November 2016 Can a board member who was an NJEA member participate in matters?
A22-16 8/23/2016 September 2016 Can a Superintendent with conflicts use resource exception?
A15-16 6/21/2016 July 2016 Can a board member with soon to be ex-spouse employed in district participate in matters?
A40-15 2/23/2016 March 2016 Can board members with out of district relatives participate in matters?
A01-16 2/23/2016 March 2016 Can a board member who is a D.A.R.E/SRO officer participate in matters?
A25-15 1/26/2016 February 2016 Can board members with relatives in and out of district participate in matters?
A26-15 1/26/2016 February 2016 Can a board member who is a retired teacher participate in matters?
A31-15 1/26/2016 February 2016 Can board members participate in interviews?
A19-15 11/24/2015 December 2015 Can the Board invoke the Doctrine of Necessity?
A24-15 11/24/2015 December 2015 Can a board member volunteer to fundraise?
A11-15 10/27/2015 November 2015 Can board members with cousins participate in matters?
A16-15 10/27/2015 November 2015 Can board members with relatives employed in and out of district participate in matters?
A13-15 10/27/2015 November 2015 Can a board member who is a supervisor in another district participate in matters?
A17-15 10/27/2015 November 2015 Can a board member volunteer in the district?
A18-15 10/27/2015 November 2015 Can a board member who owns a bookstore sell products to district staff?
A42-14 3/25/2015 April 2015 Can a board member sell supplies in the district without a contract?
A43-14 11/26/2014 December 2014 Can a board member's child work as a paraprofessional in district?
A44-14 11/26/2014 December 2014 Can a board member be employed as an aide in a daycare that contracts with district?
A36-14 10/29/2014 November 2014 Can a board member endorse candidates?
A38-14 10/29/2014 November 2014 Can aboard member donate money to the district?
A29-14 9/02/2014 October 2014 Can a board member who owns a business offer activities to district students? 
A30-14 8/27/2014 September 2014 Can a board member's child be employed as a summer employee within the district?
A32-14 8/27/2014 September 2014 Can a board member volunteer in the district?
A33-14 8/27/2014 September 2014 Can a board member take employment with a company that contracts with district?
A34-14 8/27/2014 September 2014 Can a board member who is employed by or involved with the NJEA participate in matters?
A35-14 8/27/2014 September 2014 Not a school official, no action.
A27-14 7/23/2014 August 2014 No longer school official, no action.
A24-14 6/25/2014 July 2014 Can board members with various familial conflicts participate in matters and invoke the Doctrine of Necessity?
A25-14 6/25/2014 July 2014 Can board members with various familial conflicts participate in matters and invoke the Doctrine of Necessity?
A20-14 5/28/2014 June 2014 Can a board member who owns business provide products in district?
A23-14 5/28/2014 June 2014 Can the Board invoke the Doctrine of Necessity and participate in final interviews?
A06-14 4/23/2014 May 2014 Can a board member be on the same board as his/her direct supervisor?
A07-14 4/23/2014 May 2014 Can a board member be employed as a secretary in another district?
A08-14 4/23/2014 May 2014 Can a board member with various family members employed in the district participate in matters?
A09-14 8/23/2014 September 2014 Can a board member who is part of a union, participate in matters in the district with a different union?
A11-14 8/23/2014 September 2014 Can board members with various familial conflicts participate in matters and invoke the Doctrine of Necessity?
A13-14 8/23/2014 September 2014 Can a board member who is employed as a reporter report on matters in the district?
A16-14 8/23/2014 September 2014 Can a board member with familial conflicts participate in matters?
A22-13 3/07/2014 April 2014 No longer valid, superseded by A06-23.
A19-13 12/20/2013 January 2014 Can board members who are municipal employees participate in matters?
A15-13 8/28/2013 September 2013 Can a board member whose partner works for the BA, negotiate the BA's contract? 
A06-13 5/29/2013 June 2013 Can a board member who is employed as a coach in shared service district participate in matters related to the CSA?
A11-13 7/31/2013 August 2013 Can a board member seek employment in a shared services district?
A12-13 7/31/2013 August 2013 Can a board member who is employed in local government participate in matters?
A13-13 7/31/2013 August 2013 Can a board member employed by the NJEA and a Board member employed by the county participate in matters?
A08-13 6/25/2013 July 2013 Can a  board member who owns a business consulting high school seniors work in district?
A10-13 6/25/2013 July 2013 Can board members who are employed as law enforcement personnel participate in matters?
A02-13 5/01/2013 June 2013 Can board members who are involved in litigation with the CSA participate in matters?
A03-13 5/01/2013 June 2013 Can board members with various familial conflicts participate in matters?
A04-13 5/01/2013 June 2013 Can a board member survey teachers and evaluate curriculum?
A29-12 2/20/2013 March 2013 Can a board member's child coach in district?
A24-12 1/02/2013 February 2013 Can the Board invoke the Doctrine of Necessity due to conflicts?
A14-12 7/26/2012 August 2012 Can a board member's child be employed in district as a custodian?
A05-12 6/26/2012 July 2012 Can the CSA serve as an educational consultant?
A04-12 4/17/2012 May 2012 Can board members participate in interview committees for the CSA?
A20-11 1/13/2012 February 2012 Can board members with various family/employment conflicts invoke the Doctrine of Necessity?
A15-10 2/14/2011 March 2011 Can board members participate in exit interviews?
A03-09 4/21/2009 May 2009 Can a board member who is also an official for NJSIAA participate in matters?
A25-08 1/29/2009 February 2009 Can board members who have family employed in the district participate in matters?
A06-08 6/10/2008 July 2008 Can an individual who was terminated by the Superintendent serve on the Board?
A34-07 2/01/2008 March 2008 No longer valid, superseded by Martinez v. Albolino.
A30-07 1/11/2008 February 2008 Can a board member's spouse be employed as a security guard in district?
A03-07 4/02/2007 May 2007 Can a board member express his/her opinion to the public?
A23-06 11/15/2006 December 2006 Can board members with various familial conflicts participate in matters?
A14-06 10/19/2006 November 2006 No longer valid, superseded by Martinez v. Albolino.
A07-06 7/31/2006 August 2006 Can a board member who has a spouse employed as a teacher in district participate in matters?
A30-05 3/10/2006 April 2006 Can a board member who has a spouse employed in the district participate in matters?
A02-06 3/10/2006 April 2006 Does a board member who submitted a letter to the local news outlet have a conflict?
A31-05 2/10/2006 March 2006 Can a board member who is employed as a SRO officer in the district participate in matters?
A19-05 7/22/2005 August 2005 Can a board member who has a sister employed in another district participate in matters?
A28-04 9/30/2004 October 2004 Can a board member who has a spouse employed in the district participate in matters?
A23-04 8/23/2004 September 2004 Can a board member who is a retired NJEA member participate in matters?
A16-04 7/27/2004 August 2004 Can a board member also be a co-facilitator for a special education parents' group?
A17-04 7/26/2004 August 2004 Can a board member's employer renovate the district school?
A19-03 8/27/2003 September 2003 Can a board member who is a member of the NJEA and has spouse who is employed in the district participate in matters?
A14-03 8/14/2003 September 2003 Can a district vendor fund a trip for the CSA?
A13-02 11/26/2002 December 2002 Can board members endorse candidates?
A14-02 11/15/2002 December 2002 Can a board member who has a brother-in-law employed in another district participate in matters?
A05-02 4/03/2002 May 2002 Can board members who have family employed in the district participate in a tuition contract?
A07-01 5/22/2001 June 2001 Can a landlord of a charter school be on the board of trustees?
A03-01 4/24/2001 May 2001 Can board counsel continue to provide services to a board member and his/her spouse?
A01-01 1/23/2001 February 2001 No longer valid, superseded by A05-23.
A14-00 11/28/2000 December 2000 No longer valid, superseded by Martinez v. Albolino.
A16-00 11/28/2000 December 2000 Can a board member who has a sibling employed in the district participate in matters?
A10-00 6/27/2000 July 2000 No longer valid, superseded by Martinez v. Albolino.
A07-00 5/23/2000 June 2000 Can a board member volunteer with the PTA?
A02-00 3/28/2000 April 2000 Can a board member who has a spouse employed in another district participate in matters?
A14-99 10/08/1999 November 1999 Can a board member whose spouse is a co-founder of a charter school participate in matters?
A15-99 10/13/1999 November 1999 Can a board member who is employed at a law firm represent the charter school?
A13-99 9/20/1999 October 1999 Can a board member and the CSA who have conflicts participate in matters?
A05-99 4/08/1999 May 1999 Can a trustee who is employed by a law firm represent the charter school?
A22-98 9/30/1998 February 1999 Can conflicted board members participate in a grievance hearing?
A13-98 6/03/1998 July 1998 Can a board member also serve as a charter school trustee?
A14-98 7/09/1998 August 1998 Do non-voting trustees have conflicts?
A08-98 5/06/1998 June 1998 Can board members with family employed in the district participate in matters?
A05-98 4/13/1998 May 1998 Can the Business Administrator (BA) invest in a program sponsored by NJASBO when the BA is a member of the NJASBO?
A03-98 2/23/1998 March 1998 Can board members who have coflicts invoke the Doctrine of Necessity?
A04-98 3/04/1998 April 1998 Can a board member be an adjunct professor?
A01-98 1/23/1998 February 1998 Can board members vote on curriculum when their childern attend the district schools?
A30-97 12/24/1997 February 1998 Can a board member who is a co-owner of a day care contract with district?
A26-97 10/20/1997 November 1997 Can the Business Administrator (BA) serve as resource for negotiations when the BA receives a percentage of teachers' settlement?
A23-97 9/15/1997 October 1997 Can a board member start a business that advises high school seniors?
A22-96 9/11/1997 October 1997 Can a charter school trustee who is a teacher in another district participate in matters?
A16-96 1/28/1997 February 1997 Does a board member who has a spouse who is employed as an administrator in the district have a conflict?
A17-96 11/27/1996 June 1997 Does a Superintendent have a conflict when his/her daughter-in-law is employed in the district and is a member of the union?
A55-95 1/23/1996 January 1996 No longer valid, superseded by A25-14.
A09-15 7/28/2015 August 2015 Can a board member with a niece employed in district participate in matters?
A10-15 7/28/2015 August 2015 Can a board member volunteer to run a club in district?
A08-15 6/30/2015 July 2015 Can a board member's spouse work for a food service that contracts with the district?
A05-15 4/28/2015 May 2015 Can board members with familial conflicts participate in matters?
A05-14 4/22/2014 May 2014 Can the Board invoke the Doctrine of Necessity?
A20-12 10/31/2012 January 2013 Can a board member who has family employed in the district review the minutes?

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