Saturday, March 17, 2012

With Great Power Comes Great Responsibility: We, the people hold you responsible.

Ben Parker: Spider Man's uncle "With great power comes great responsibility."

Readers should be mindful of the fact that the word "shall" has special significance in the educational statues and regulations of the state of New Jersey. "Shall" means that when it comes to compliance there is no negotiation or different interpretation of the instruction. "Shall" means that there is no choice, no discussion.

18A Education
18A:6-45. New Jersey School Boards Association established
There is established a body corporate and politic, with corporate succession, to be known as the "New Jersey School Boards Association." All boards of education of the various school districts in this State shall be members of the association.
     L.1967, c.271; amended by L.1970, c. 104, s. 1, eff. June 19, 1970.


18A:6-46. Delegates to state association
Each of the district boards of education shall select annually one of its members as a delegate to the association.
     L.1967, c.271; amended by L.1970, c. 104, s. 2, eff. June 19, 1970.



(This delegate is generally selected during the reorganization of the board after school board elections. Most towns have a Delegate and an Alternate. There is currently a petition on Change.org asking Acting Commissioner Cerf to tell Englewood to use the services of the New Jersey School board and bring the district into compliance with 18A. It is clear to me that school board members have a sworn responsibility to uphold the constitution of New Jersey. It is the first oath sworn when they accept the job.  It is very disturbing to learn that members of our school board do not have even a passing acquaintance with the Laws listed below. Ignorance is no excuse for breaking the law. If any board members feel that they are severely put upon by being required to learn information that will help improve the academic achievement of our students, they should withdraw from the position immediately.)



18A:6-47. Powers and duties
The association may investigate such subjects relating to education in its various branches as it may think proper, and it shall encourage and aid all movements for the improvement of the educational affairs of this State.
     L.1967, c.271; amended by L.1970, c. 104, s. 3, eff. June 19, 1970. 


18A:6-48. Officers
The association may select such officers as may be necessary for the transaction of its business.
     L.1967, c.271; amended by L.1970, c. 104, s. 4, eff. June 19, 1970.

18A:6-49. Perpetual succession; powers
It shall have perpetual succession and shall have the following powers:
a. To make, amend and repeal rules, regulations and bylaws for its own government and guidance not inconsistent with this title;

b. To adopt an official seal and alter the same at pleasure;

c. To maintain an office at such place or places within the state as it may designate;

d. To sue and be sued in its own name;

e. To borrow money, to issue bonds or notes therefor, and to secure the same by pledge or mortgage of its real and personal property;

f. To acquire, hold and dispose of real and personal property in the exercise of its powers and the performance of its duties under this article. All such property shall be exempt from taxation under chapter 4 of Title 54, Taxation, of the Revised Statutes.


18A:6-50. Expenses of delegates; dues 
For the purpose of defraying the necessary expenses of the association, the various district boards shall pay the necessary expenses incurred by its delegates, and shall appropriate annually such sums for dues as may be assessed by the association at any delegates meeting. The assessment of dues shall be made upon a graduated scale and shall be made only upon two-thirds vote of the delegates present at such delegates meeting, after notice of the taking of such vote shall have been given to each district board in writing at least 60 days before such delegates meeting. However, the dues assessed any board of education shall not be increased for any year by more than 33 1/3% of the dues assessed that board during the preceding year. Dues shall be payable by the custodian of school moneys of the school district to the treasurer of the association. 
     L.1967, c.271; amended by L.1969,c.89,s.1, eff. June 17, 1969; L.1970,c.104,s.5, eff. June 19, 1970; L.1973,c.120,s.1, eff. May 9, 1973.  


(Last years dues were  voted on by the board and paid at the sum of $26,000.00. How much in mentoring and other benefits are we losing in addition to the money going down the drain? Multiply that amount by the number of years that we have not selected and sent a Delegate to NJSBA.)


18A:6-51. Definitions
Definitions:
(a) "Educational Services Commission" means an agency established or to be established in one or more counties for the purpose of carrying on programs of educational research and development and providing to public school districts such educational and administrative services as may be authorized pursuant to rules of the State Board of Education. 
(b) "Commission" means educational services commission.
(c) "State board" means the State Board of Education.
(d) "Commissioner" means the Commissioner of Education.
(e) "Commission expenses" means those funds devoted to or required for the regular or  ordinary operating expenses of the commission, including administrative, maintenance and salary expenses, and purchase or rental of real and personal property necessary for the operation of the commission, but excluding program or service expenses. 
(f) (Deleted by amendment, P.L.1989, c.254.)
(g) "Member district" means a public school district which by local board resolution joins the original petition to the State Board of Education for approval to establish an educational services commission, or subsequently becomes a member district by local board resolution and upon approval of the Board of Directors of the commission. 
(h) "School administrator" means the superintendent or chief school administrator.
(i) "Board of Directors" means those members elected by the representative assembly to act on commission business on behalf of the assembly.
(j) "Program or service expenses" means those funds devoted to or required for the provision of a program or service by the commission, including but not limited to the administrative, maintenance and salary expenses and the purchase or rental of real or personal property necessary for the provision of the program or service. 
(k) "Representative assembly" means a governing body of the educational services commission composed of an elected representative from each member district.
L.1968, c.243, s.1; amended 1979, c.356, s.1; 1989,c.254,s.1. 

Future board members: If you accept the position, you accept the responsibility. We will hold you accountable to follow the law. That is the least we can do for our children. By following the law, you will have demonstrated mastery of minimum basic skills.

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