Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	9000 By-Laws
Title:	Board Voting Requirements
Number:	9325.2
Status:	Active
Legal:
Adopted:	02/08/2007
Last Revised:	02/08/2007
Last Reviewed:

The following actions require a recorded roll call vote and must pass by an affirmative vote of a majority of the full membership of the Board. “Full membership” means the number of Board members when all the members’ seats are filled. A “majority of the full membership” means a majority of that number. N.J.S.A. 18A:1-1.

1. Directing the Board Secretary to make deductions for United States government bonds from salaries of participating employees (N.J.S.A. 18A:16-8).

2. Appointing and fixing the salary and term of a Board Secretary (N.J.S.A. 18A:17-5).

3. Appointing and fixing the salary and term of an Assistant or Acting Board Secretary
(N.J.S.A. 18A:17-13).

4. Appointing and fixing the term of a Superintendent of Schools (N.J.S.A. 18A:17-15).

5. Appointing or removing an Assistant Superintendent of Schools (N.J.S.A. 18A:17-16).

6. Appointing and fixing the term of an Administrative Principal (N.J.S.A. 18A:17-20.5).

7. Appointing and fixing the term of a shared Superintendent or a shared School Business Administrator (N.J.S.A. 18A:17-24.3).

8. Appointing or removing and fixing the salary of a Business Manager in a Type I school district (N.J.S.A. 18A:17-25).

9. Appointing an executive superintendent in districts in cities of the first class with a population over 325,000 (N.J.S.A. 18A:17A-1).

10. Disposing of lands owned by the Board, or rights or interests therein (N.J.S.A. 18A:20-5).

11. Exchanging lands owned by the Board (N.J.S.A. 18A:20-8).

12. Adopting a budget in Type II districts having a Board of School Estimate (N.J.S.A. 18A:22-26).

13. Fixing and determining the amount of money to be voted upon by the voters of the district at or after the public hearing on the school budget for Type II districts without a Board of School Estimate (N.J.S.A. 18A:22-32).

14. Adopting the question(s) to be submitted to the voters concerning any capital project(s) to be paid for from the proceeds of an issue of bonds in Type II districts without a Board of School Estimate (N.J.S.A. 18A:22-39).

15. Adopting a proposal for the issuance of school bonds by Type II districts having a Board of School Estimate (N.J.S.A. 18A:24-l0b).
16. Transferring a teaching staff member (N.J.S.A. 18A:25-1).

17. Restoring or removing an Assistant Superintendent, principal or teacher, following suspension by the Superintendent of Schools (N.J.S.A. 18A:25-6).

18. Appointing a teaching staff member (N.J.S.A. 18A:27-1).

19. Appointing, transferring, removing or renewing the employment contract of a certificated or non-certificated officer or employee (N.J.S.A. 18A:27-4.1).

20. Withholding, for inefficiency or other good cause, a prescribed employment or adjustment increment (N.J.S.A. 18A:29-14).

21. Adopting or altering a course of study (N.J.S.A. 18A:33-1).

22. Selecting textbooks (N.J.S.A. 18A:34-1).

23. Applying for membership in an already established county educational audio-visual aids center (N.J.S.A. 18A:51-11).

24. Applying to the county superintendent to investigate the advisability of withdrawing from a regional district (N.J.A.C. 6A:32-11.1). (Note that in this case, the roll call majority vote is required by administrative code provision. This is not a statutory requirement.)

Submitting, for county superintendent review, the content of separate questions to be submitted to the voters that propose programs in addition to the core curriculum context standards that may be in excess of its adjusted spending growth limitation (N.J.A.C. 6A:23-8.5(b)). (Note that in this case, the roll call majority vote is required by administrative code provision. This is not a statutory requirement.)

The following actions require a recorded roll call vote and must pass by an affirmative vote of two-thirds of the full membership of the Board.

1. Determining the necessity to sell bonds to raise money for a capital project by a Type II district with a Board of School Estimate (N.J.S.A. 18A:22-27).

2. Permitting the private sale of certain bonds if no legally acceptable bid is received by a Type II district (N.J.S.A. 18A:24-45(c)).

The following actions require an affirmative vote of the majority of the full membership of the Board. They do not require a roll call vote.

1. Determining the sufficiency of charges to dismiss or reduce the salary of a tenured employee (N.J.S.A. 18A:6-11).

2. Filling of vacancies on elected Boards of Education (“majority vote of the remaining members”) (N.J.S.A. 18A:12-15).

3. Removing from office a president or vice president of a Board for failure to perform a duty imposed upon him by law (N.J.S.A. 18A:15-2).

4. Appointing, fixing the salary and defining the duties of a School Business Administrator (N.J.S.A. 18A:17-14.1).

5. Disqualifying a bidder who would otherwise be determined to be the lowest responsible bidder due to prior negative experience (N.J.S.A. 18A:18A-4).

6. Authorizing of purchase of securities (N.J.S.A. 18A:20-37).

7. Authorizing of sale of securities (N.J.S.A. 18A:20-39).

8. Adopting a proposal for the issuance of school bonds in Type II districts without a Board of School Estimate (including regional districts) (N.J.S.A. 18A:24-10c).

9. Admitting pupils, who have never attended public or private school, after October 1, following the opening of school for the full term (N.J.S.A. 18A:38-6).

Deciding to establish, with other school districts of the county, a county educational audio-visual aids center (N.J.S.A. 18A: 51-1).

The following actions require a recorded roll call vote and must pass by an affirmative vote of two-thirds of the full membership of the Board.

1. Determining the necessity to sell bonds to raise money for a capital project by a Type II district with a Board of School Estimate (N.J.S.A. 18A:22-27).

2. Permitting the private sale of certain bonds if no legally acceptable bid is received by a Type II district (N.J.S.A. 18A:24-45(c)).

The following actions require an affirmative vote of the majority of the full membership of the Board. They do not require a roll call vote.

1. Determining the sufficiency of charges to dismiss or reduce the salary of a tenured employee (N.J.S.A. 18A:6-11).

2. Filling of vacancies on elected Boards of Education (“majority vote of the remaining members”) (N.J.S.A. 18A:12-15).

3. Removing from office a president or vice president of a Board for failure to perform a duty imposed upon him by law (N.J.S.A.18A:15-2).

4. Appointing, fixing the salary and defining the duties of a School Business Administrator (N.J.S.A. 18A:17-14.1).

5. Disqualifying a bidder who would otherwise be determined to be the lowest responsible bidder due to prior negative experience (N.J.S.A. 18A:18A-4).

6. Authorizing of purchase of securities (N.J.S.A. 18A:20-37).

7. Authorizing of sale of securities (N.J.S.A. 18A:20-39).

8. Adopting a proposal for the issuance of school bonds in Type II districts without a Board of School Estimate (including regional districts) (N.J.S.A. 18A:24-10c).
9. Admitting pupils, who have never attended public or private school, after October 1, following the opening of school for the full term (N.J.S.A. 18A:38-6).

10. Deciding to establish, with other school districts of the county, a county educational audio-visual aids center (N.J.S.A. 18A: 51-1).

The following actions require an affirmative vote of two-thirds of the full membership of the Board. They do not require a roll call vote.

1. Determination of member district’s share of educational services commission expenses (two-thirds of representative assembly) (N.J.S.A. 18A:6-62).

2. Adoption of new corporate name for school district composed of two or more municipalities (N.J.S.A. 18A:8-17.1).

3. Authorization to negotiate, award or enter into a contract or agreement after the Board has solicited and received at least three quotations on materials, supplies or equipment for which a State contract has been issued, and the lowest responsible quotation is at least ten percent (10%) less than the cost charged under the State contract (N.J.S.A. 18A:18A-5(e).

4. Adopting a refunding bond ordinance by a Type II school district (N.J.S.A. 18A:24-61.4).

5. Selling or exchanging refunding bonds (N.J.S.A. 18A:24-61.9).

Endorsing approval of a lease purchase and authorizing the Chief School Administrator and/or Board secretary to advertise and solicit proposals in connection with a lease purchase, and to request state approval of a lease purchase of five years or less (N.J.A.C. 6A:26-10.3(h)). (Note that in this case, the two-thirds majority vote is required by administrative code provision. This is not a statutory requirement.)

Endorsing approval of a lease of facilities in excess of five years and authorizing the Board of Education to request approval of an amendment to its long range facilities plan to reflect the leased facility (N.J.A.C. 6A:26-10.11 (c). (Note that in this case, the two-thirds majority vote is required by administrative code provision. This is not a statutory requirement.)

The following actions require an affirmative vote of two thirds of the “authorized membership” of the school Board. “Authorized membership of the school Board” means the full membership of the district Board of Education as established pursuant to N.J.S.A. 18A:12.

Transferring amounts among line items and program categories (N.J.S.A. 18A:22-8.1, N.J.A.C. 6A:10A-8.2 (e), N.J.A.C. 6A:23A-2.3 (e).

Petitioning the Commissioner for authority to make a transfer of surplus, unbudgeted or under budgeted revenue amounts to line items and program categories prior to April 1 due to an emergent circumstance (N.J.S.A. 18A:22-8.1, N.J.A.C. 6A:10A-8.2 (b), N.J.A.C. 6A:23A-2.3 (b).

Petitioning the Commissioner for authority to make a transfer of surplus, unbudgeted or under budgeted revenue amounts to line items and program categories between April 1 and June 30 in order to achieve the thoroughness standards for the current year (N.J.S.A. 18A:22-8.1, N.J.A.C. 6A:10A-8.2 (b), N.J.A.C. 6A:23A-2.3 (b). (Note that the Abbott code speaks to achieving the efficiency and effectiveness standards, not the thoroughness standards.)

Authorization to negotiate and award a contract or agreement after twice advertising for bids pursuant to N.J.S.A. 18A:18A-4, with subsequent failure to receive any bids (N.J.S.A. 18A:18A-5(c).

Authorization to negotiate and award a contract or agreement after twice advertising for bids and having rejected those bids for appropriate reasons (N.J.S.A 18A:18A-5(c).

Authorization to negotiate and award a contract or agreement after twice advertising for bids and having once failed to receive bids and having once rejected bids received for appropriate reasons (N.J.S.A. 18A:18A-5 (c).

The following action requires an affirmative vote of three-quarters of the members present. It does not require a roll call vote.

Calling an emergency meeting of the Board without providing adequate prior notice (N.J.S.A. 10:4-9).

When in doubt or where a question exists concerning the formal requirements of a vote, the Board should take action by roll call vote and should consult its Legal Counsel.


First Reading: January 18, 2007
Adopted: February 8, 2007

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	9000 By-Laws
Title:	Public and Executive Sessions
Number:	9322
Status:	Active
Legal:
Adopted:	02/08/2007
Last Revised:	02/08/2007
Last Reviewed:

BRICK TOWNSHIP BOARD OF EDUCATION

Legal References:
N.J.S.A. 2C:33-8 Disrupting Meetings and Processions
N.J.S.A. 10:4-6 et seq. Open Public Meetings Act
N.J.S.A. 18A:10-6 Board Meetings Public; Frequency; Hours of Commencement; Adjournment, etc., for Lack of Quorum
N.J.S.A. 18A:11-1 General Mandatory Powers and Duties

First Reading: January 18, 2007
Adopted: February 8, 2007

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	9000 By-Laws
Title:	Meetings
Number:	9320
Status:	Active
Legal:
Adopted:	02/08/2007
Last Revised:	02/08/2007
Last Reviewed:

The Board of Education shall at the organizational meeting:

1. Designate one or more depositories for school funds, N.J.S.A. 18A:17-34;
2. Designate those persons authorized to sign school warrants, N.J.S.A. 18A:19-1;
3. Designate the official newspaper, N.J.S.A. 18A:22-11; 18A:39-3;
4. Designate a second newspaper for the publication of Board meetings, N.J.S.A. 10:4-8;
5. Designate the day, place, and time for regular meetings of the Board
6. Approve the curriculum for all grades;
7. Readopt existing Bylaws and policies for the Board's operation and the operation of the school system.
The Board may conduct such other business as it deems desirable.

Regular Meetings
The time and place of the regular business meetings of the Board shall be established at the organization meeting. The Board shall conduct its business in public in accordance with the provisions of the New Jersey Open Public Meetings Act. The Board shall consider and act upon matters within its authority as prescribed by the statutes, the rules and regulations of the state Board of Education.

Public Participation

Meetings of the Board are open to the public and all members of the community are encouraged to attend. The Board recognizes the value of public comment on educational issues and the importance of allowing members of the public to express themselves on matters of community interest. The Board will accordingly permit members of the public to review all Board meeting agendas at the Board office prior to all regularly scheduled Board agenda meetings.

A time for public discussion of agenda items shall be included in the order of business. Additional time for public comments on any matter of interest to the District shall also be included after the Board has acted on the entire agenda.

The Board President shall call for public comments after district administrators have presented the agenda item and Board members have exhausted their initial questions. When no member of the public wishes to be heard, the President shall close the public comment portion on the agenda item and shall entertain no additional public comment on that item.

At meetings other than agenda and regular meetings, members of the public will be invited to comment on issues before the Board. Public comment will follow any presentation on the issue offered by district administrators and any questions posed by Board members. At the beginning of any such meeting, the Board President will announce the manner in which public comment will be entertained.

At any meeting of the Board, public comment shall be governed by the following rules:

A participant must be recognized by the presiding officer and must state his or her name, address, and group affiliation if appropriate for the record.
Participants shall direct all statements to the presiding officer; no participant may address or question Board members individually.
Any participant wishing to address the Board shall be given the opportunity provided his/her remarks are relevant to the subject being considered and provided he or she does not become personal or abusive. It shall be the responsibility of the presiding officer to place any restriction on the time that may be allotted to a speaker.
The Board shall not consider grievances or complaints that have not previously been considered through administrative channels.
No participant may speak more than once on the same topic unless all others who wish to speak on that topic have been heard.

Interrupt, warn, or terminate a participant’s statement when the statement is too lengthy, duplicative, personally directed, abusive, obscene or irrelevant;
Request any individual to leave the meeting when that person does not observe reasonable decorum;
Request the assistance of law enforcement officers in the removal of a disorderly person when that person’s conduct interferes with the order and progress of the meetings;
Call for a recess or an adjournment to another time when the lack of public decorum so interferes with orderly conduct of the meeting as to warrant such action;
Waive these rules when necessary for the protection of privacy or the efficient administration of the Board’s business.

Special meetings of the Board shall be held whenever called by the president or upon the signed petition of a majority of the whole number of members of the Board.

Special meetings of the Board shall be held in public in accordance with the provisions of the New Jersey Open Public Meetings Act. The notice and purpose of all special meetings shall be given to all Board members and the public as required by the provisions of the Open Public Meetings Act. At such meetings only the business for which the meeting was called shall be in order. No public discussion shall be heard on items other than those related to the purpose or purposes of the meeting.

Adjourned Meetings

An adjourned meeting is the continuation of the meeting from which there was an adjournment. At the adjourned meeting the business interrupted by the adjournment motion is the first order of business after the reading of the minutes.

Agenda Meetings

Agenda meetings may be held prior to each regular meeting of this Board to decide on items that will be placed on the agenda for the regular meeting. Agenda meetings are subject to the provisions of the Open Public Meetings Act.

Legal References:
N.J.S.A. 18A:10-3 First Regular Meeting of the Board (Organization Meeting)

N.J.S.A. 18A:10-4 Secretary to Give Notice of Meeting
N.J.S.A. 18A:10-5 Organization Meeting as Business Meeting
N.J.S.A. 18A:10-6 Board Meetings Public; Frequency; Hours of Commencement; Adjournment

N.J.A.C. 6:3-1.9 Special Meetings of Local Boards of Education

N.J.S.A. 10:4-6 et seq. Open Public Meetings Act

First Reading: January 18, 2007
Adopted: February 8, 2007

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	9000 By-Laws
Title:	Suspension of Policies, Bylaws and Regulations
Number:	9314
Status:	Active
Legal:
Adopted:	02/08/2007
Last Revised:	02/08/2007
Last Reviewed:

Legal References:

N.J.S.A. 18A:11-1 General mandatory powers and duties
N.J.S.A. 18A:17-20 Superintendent; general powers and duties
N.J.S.A. 6:3-2.1 et seq. Chief School Administrator
Matawan Teachers’ Assn. v. Board of Education, 223 N.J.Super. 504 (App. Div. 1988)

First Reading: January 18, 2007
Adopted: February 8, 2007

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	9000 By-Laws
Title:	Formulation, Adoption, Amendment of Administrative Regulations
Number:	9313
Status:	Active
Legal:
Adopted:	02/08/2007
Last Revised:	02/08/2007
Last Reviewed:

Legal References:

N.J.S.A. 18A:11-1 General Mandatory Powers and Duties
N.J.S.A. 18A:17-20 Superintendent; General Powers and Duties
N.J.A.C. 6:3-2.1 et seq. Chief School Administrator

First Reading: January 18, 2007
Adopted: February 8, 2007

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	9000 By-Laws
Title:	Formulation, Adoption, Amendment of Bylaws
Number:	9312
Status:	Active
Legal:
Adopted:	02/08/2007
Last Revised:	02/08/2007
Last Reviewed:

The Board of Education's Bylaws are rules designed to organize and control its internal operations. Some Bylaws are set by statute. Others may be formulated and adopted at its option by the Board itself as long as they are in harmony with the intent and specifics of the statutes.

In its deliberations leading to the establishment or amendment of its Bylaws, the Board's central concern will be for increased efficiency and effectiveness in carrying out its legally mandated tasks.

Proposed new Bylaws and suggested amendments to or revisions of existing Bylaws shall be adopted by a majority vote of the members of the Board present and voting during the second of two regularly or specially scheduled meetings of the Board. The proposed additions, amendments or revisions shall have been described in writing in the agendas for these meetings.

Legal References:

N.J.S.A. 10:4-6 et seq. Open Public Meetings Act
N.J.S.A. 18A:10-6 Board Meetings Public; Frequency; Hour’s Commencement; Adjournment

N.J.S.A. 18A:11-1 General Mandatory Powers and Duties

First Reading: January 18, 2007
Adopted: February 8, 2007

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	9000 By-Laws
Title:	Methods of Operation
Number:	9300
Status:	Active
Legal:
Adopted:	02/08/2007
Last Revised:	02/08/2007
Last Reviewed:

First Reading: January 18, 2007
Adopted: February 8, 2007

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	9000 By-Laws
Title:	Member Protection
Number:	9280
Status:	Active
Legal:
Adopted:	02/08/2007
Last Revised:	02/08/2007
Last Reviewed:

Cost of defense of civil and criminal action.

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	9000 By-Laws
Title:	School Board Use of Electronic Communications
Number:	9272
Status:	Active
Legal:
Adopted:	02/08/2007
Last Revised:	02/08/2007
Last Reviewed:

SCHOOL BOARD USE OF ELECTRONIC COMMUNICATIONS

Use of electronic communications by Board members shall conform to the same standards of judgment, propriety and ethics as other forms of school Board-related communication. Electronic communications should not be used to discuss, deliberate, or build consensus concerning any matters that require public discussion under the Open Public Meetings Act.

Electronic communications include but are not limited to electronic mail (e-mail), Internet Web forums, Instant Messaging (IM), Internet chat rooms, FAX and conference calls.

Board members shall comply with the following guidelines when using electronic communications in the conduct of Board responsibilities;

A. Board members shall not use e-mail as a substitute for deliberations at Board meetings or for other communications or business properly confined to Board meetings.

B. Board members shall not make any reference to confidential information about employees, students or other matters in e-mail communications because of the risk of improper disclosure. Board members shall comply with the same standards as school employees with regard to confidential information.

Under the Open Public Meetings Act, deliberation by a quorum of members constitutes a meeting. Deliberation is defined as movement toward a decision including but not limited to the sharing of an opinion regarding business over which the Board or committee has supervision, control, jurisdiction, or advisory power. A quorum may be arrived at sequentially by using electronic communications without the knowledge and intent by the author.

Examples of appropriate uses of electronic communications:

- The dissemination of factual information by a Board member to any number of Board members by one-way distribution (no discussion).
- The dissemination of information by a Board member to any number of Board members and the return of information that is NOT a matter or matters over which the Board has supervision, control, jurisdiction, or advisory power.
- Acceptable forms of information to be returned.
- Housekeeping information such as availability of meeting dates and time; and
- requesting or communicating agenda items.
- Examples of inappropriate use of electronic communications regarding any matter or matters over which the Board or a Board committee has supervision, control, jurisdiction, or advisory power.
- Discussion of such matters even though the number of school Board members involved does not constitute a quorum.
- Forwarding of a school Board member's comments to another school Board member on such matters.
- Polling of Board members by administration or a Board member regarding any such matters.

Legal References:

N.J.S.A. 10:4-6 et seq. Open Public Meetings Act
N.J.S.A. 47:1A-1 et seq. Open Public Records Act
20 U.S.C. 1232(g) Families Educational Rights and Privacy Act

First Reading: January 18, 2007
Adopted: February 8, 2007

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	9000 By-Laws
Title:	Conflict of Interest
Number:	9271
Status:	Active
Legal:
Adopted:	02/08/2007
Last Revised:	02/08/2007
Last Reviewed:

Legal References:

N.J.S.A. 18A:6-8 Interest of school officers, etc., in sale of textbooks or supplies; royalties
N.J.S.A. 18A:6-8.4 Right to hold elective or appointive state, county or municipal office
N.J.S.A. 18A:12-1.1 Ineligibility for appointment to paid office or position filled by Board
N.J.S.A. 18A:12-2 Inconsistent interests or office prohibited
N.J.S.A. 18A:12-21 et seq. School Ethics Act
N.J.S.A. 52:13D-12 et seq. Legislative findings (regarding conflict of interest)
N.J.A.C. 6:2-1.1 et seq. Appeals
N.J.A.C. 6:3-9.1 et seq. School Ethics Commission

Visotcky v. City Council of Garfield, 113 N.J. Super. 263 (App. Div. 1971)
Vittoria v. West Orange Board of Education, 122 N.J. Super. 340 (App. Div. 1973)
Elms v. Mt. Olive Board of Education, 1977 S.L.D. 713
Scola v. Ringwood Board of Education, 1978 S.L.D. 413
Salemo v. Old Bridge Township Board of Education, 1984 S.L.D. (April 23)
Scannella v. Scudillo, School Ethics Decision, Complaint No C-14-93
School Ethics Commission, Advisory Opinion, A01-93
School Ethics Commission, Advisory Opinion, A10-93
School Ethics Commission, Advisory Opinion, A021-93
School Ethics Commission, Advisory Opinion, A07-94
School Ethics Commission, Advisory Opinion, A33-95

First Reading: January 18, 2007
Adopted: February 8, 2007

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	9000 By-Laws
Title:	Code of Ethics
Number:	9270
Status:	Active
Legal:
Adopted:	02/08/2007
Last Revised:	02/08/2007
Last Reviewed:

Legal References:

N.J.S.A. 18A:11-1 General Mandatory Powers and Duties
N.J.S.A. 18A:12-2 Inconsistent Interests or Office Prohibited
N.J.S.A. 18A:12-21 et seq. School Ethics Act
N.J.A.C. 6:2-1.1 et seq. Appeals
N.J.A.C. 6:3-9.1 et seq. School Ethics Commission

First Reading: January 18, 2007
Adopted: February 8, 2007

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	9000 By-Laws
Title:	Expenses and Reimbursements
Number:	9250
Status:	Active
Legal:
Adopted:	11/20/2008
Last Revised:	11/20/2008
Last Reviewed:

Board members receive no payment for their services. With Board approval, they may be reimbursed for out-of-pocket expenses incurred on Board business.

Travel and Related Expenses

Travel reimbursement will be paid only upon compliance with the Board’s policy provisions and approval requirements. Board members, trustees and employees shall only be reimbursed for work-related travel that is directly related to and within the scope of the Board member’s, trustee’s and employee’s current work responsibilities. Board members, trustees and employees shall only be reimbursed for travel that:

A. Promotes the delivery of instruction and is critical to the instructional needs of the school district or furthers the efficient operation of the school district,

B. Is educationally necessary and fiscally prudent, and

C. Is directly related to and within the scope of the Board member’s current responsibilities, and for school district employees, the school district's professional development plan.

As described in this policy, school district travel expenditures include, but are not limited to, all costs for transportation, meals, lodging, and registration or conference fees to and for the travel event. School district travel expenditures include costs for all required training and all travel authorized in existing school district employee contracts and school Board policies. This includes, but is not limited to, required professional development and other staff training, required training for new school Board members, and attendance at specific conferences authorized in existing employee contracts.

Travel Payments

Travel payments will be paid only upon compliance with the school Board's policy provisions and approval requirements. The Board of Education will not ratify or approve payments or reimbursements for travel after completion of the travel event. All Board members, trustees and employees shall adhere to the following specifications to be considered for reimbursement:

A. Reimbursement may not exceed State travel reimbursement guidelines as established by the NJ Department of Treasury in NJOMB circular letters, including but not limited to the types of travel, methods of transportation, mileage allowance, meal allowance, overnight travel and supporting documentation.

B. Reimbursement must also be in compliance with OMB Circular A-87 (found at http://www.whitehouse.gov/omb/circulars/a087/a87_2004.html). No reimbursement will be issued without submission of written documentation such as receipts, checks and vouchers detailing the amount of each expenditure. Such documentation must be submitted within a timeframe to be established by the Board.

C. Travel expenditures must be in compliance with state travel payment guidelines as established by the Department of the Treasury and with guidelines established by the federal Office of Management and Budget; except that those guidelines that conflict with the provisions of Title 18A of the New Jersey Statutes shall not be applicable, including, but not limited to, the authority to issue travel charge cards. The Board of education shall comply with the applicable restrictions and requirements set forth in the State and federal guidelines including, but not limited to, types of travel, methods of transportation, mileage allowance, subsistence allowance, and submission of supporting documentation including receipts, checks or vouchers.

D. Board members, trustees and employees shall provide within one week, a brief report that includes, as appropriate, but may not be limited to, a description of the primary purpose for the travel, and a summary of the goals and key issues that were addressed at the event and their relevance to improving instruction or the operation of the school district. This report will be submitted to the Board secretary or other appropriate party designated by the Board.

E. Pursuant to N.J.A.C. 6A:23A-5.8 concerning out-of state and high-cost travel events, out-of-state travel shall be limited to the fewest number of Board members or employees needed to present the content at the conclusion of the event. Lodging may only be provided if the event occurs on two or more consecutive days and where home-to-event commute exceeds 50 miles. Prior written approval of the executive county superintendent is required when the travel event has a total cost that exceeds $5000.

In addition to the requirements above, employee travel, to be reimbursable, must be directly related to the employee’s professional development. No district employee shall be reimbursed for travel and related expenses without prior written approval of the Superintendent and prior approval by a majority of the full voting membership of the Board (as set forth below).

Prior Approval is Required

Board members shall only be reimbursed for travel and related expenses that have received prior approval by a majority of the full voting membership of the Board, and are in compliance with N.J.S.A. 18A:12-24 and 24.1 of the School Ethics Act.

A. Specifically, a Board member must recuse himself from voting on travel if the Board member, a member of his immediate family, or a business organization in which he has an interest, has a direct or indirect financial involvement that may reasonably be expected to impair his objectivity or independence of judgment.

B. Also, a Board member shall not: act in his official capacity in any matter in which he or a member of his immediate family has a personal involvement that is or creates some benefit to the school official or member of his immediate family; or undertake any employment or service, whether compensated or not, which may reasonably be expected to prejudice his independence of judgment in the execution of his official duties.

C. For employees, the Board requires that travel occur only upon prior written approval of the Superintendent and prior approval by a majority of the full voting membership of the Board.

D. For Board members, travel may occur only upon prior approval by a majority of the full voting membership of the Board and that the travel be in compliance with section 4 of P.L.1991, c.393

(C.18A:12-24) and section 5 of P.L.2001, c.178 (C.18A:12-24.1).

Travel Advances are Banned

An employee of the school Board, a school Board member, or organization, shall not receive an amount for travel and travel-related expenses in advance of the travel, pursuant to N.J.S.A.18A:19-1 et seq.

Annual Maximum Travel Expenditure Amount

The Board of Education shall:

A. Allot in its annual budget a maximum travel expenditure amount and annually review its policy to assure that it properly reflects the amount budgeted.

B. Vote to authorize each reimbursement; specifying the way in which it promotes the delivery of instruction or furthers the efficient operation of the school district, within the maximum annual amount.

C. Annually in the pre-budget year, establish by school Board resolution, a maximum travel expenditure amount for the budget year, which the school district shall not exceed in that budget year. The school Board resolution shall also include the maximum amount established for the pre-budget year and the amount spent to date.

D. Provide that the maximum school district travel expenditure amount shall include all travel in accordance with this policy supported by local and State funds.

Additional Detailed Accounting Requirements which Demonstrate Compliance

In order to demonstrate compliance with this policy, documentation of all reimbursed travel expenses shall be maintained on file. This record may include receipts, checks and vouchers submitted in connection with any reimbursement. The district shall maintain separate accounting for school district travel expenditures as necessary, to ensure compliance with the school district’s maximum travel expenditure amount. This may include, but need not be limited to, a separate or offline accounting of such expenditures or expanding the school district’s accounting system. The tracking system shall be sufficient to demonstrate compliance with the Board’s policy and this section, and shall provide auditable information.

To minimize travel expenditures, school Boards and staff will take the following steps:

A. “Retreats” will be held at school district facilities, if available. A retreat is a meeting of school district employees and school Board members, held away from the normal work environment, at which organizational goals and objectives are discussed.

B. A school district shall not bare costs for car rentals, limousine services, and chauffeuring costs to or during the event, as well as costs for employee attendance for coordinating other attendee accommodations at the travel event.

C. One-day trips that do not involve overnight lodging are not eligible for a subsistence payment or reimbursement except in limited circumstances authorized in Department of the Treasury guidelines.

D. Overnight travel is eligible for a subsistence payment or reimbursement as authorized in Department of the Treasury guidelines, except as otherwise superseded by the following:

1. Per diem payment or reimbursement for lodging and meals will be actual reasonable costs, not to exceed the federal per diem rates as established in the federal register for the current year;

2. Lodging expenses may exceed the federal per diem rates if the hotel is the site of the convention, conference, seminar or meeting and the going rate of the hotel is in excess of the federal per diem rates. If the hotel at the site of the convention, conference, seminar, or meeting is no longer available, lodging may be paid for similar accommodations at a rate not to exceed the hotel rate for the event;

3. Receipts are required for hotel expenses. Meal expenses under the federal per diem allowance limits do not require receipts;

4. In any case in which the total per diem reimbursement is greater than the federal per diem rate, except when the going rate for lodging at the site of the convention or meeting exceeds federal per diem rates, the costs will be considered to be excessive and shall not be paid by school district funds;

5. School districts shall patronize hotels and motels that offer special rates to government employees unless alternative lodging offers greater cost benefits; and

6. Payment or reimbursement is approved for the full cost of an official convention meal that the employee or school Board member attends, when the meal is scheduled as an integral part of the convention or conference proceedings. If a meal is included in the registration fee, the allowance for the meal is not eligible for reimbursement.

Blanket or general pre-approval for travel is not authorized and will not be permitted by the Board. Specifically, approval shall be itemized by event, event total cost, a number of employees and school Board members attending the event. However a school Board may also approve, at any time prior to the event, travel for multiple months as long as the school Board approval, as detailed in school Board minutes, itemizes the approval by event, total cost, number of employees and school Board members attending the event.

Types of Expenditures Not Eligible for Reimbursement

Unnecessary and excessive travel expenditures as listed in N.J.A.C. 6A:23A:7.8 are prohibited. Prohibited types of expenditures include: travel by spouses and other relatives; costs for unnecessary employee attendance ( for example employees who merely coordinate other attendees’ accommodations at the travel event); charges for laundry, valet service and entertainment; district payment for alcoholic beverages; excessive tipping and gratuities; airfare without documentation of at least three (3) price quotes; and souvenirs.

Penalties

The Board by this policy informs its members and staff that the penalties for violating this policy based on state law includes:

A. By law, any district Board of education that violates its established maximum travel expenditure, or that otherwise is not in compliance with the travel limitations set forth in this section may be subject to sanctions by the commissioner as authorized pursuant to N.J.S.A.18A:4-23 and N.J.S.A.18A:4-24, including reduction of State aid in an amount equal to any excess expenditure.

B. A person who approves any travel in violation of the school district’s policy or this section shall be required to reimburse the school district in an amount equal to three times the cost associated with attending the event.

C. An employee or member of the Board of education who travels in violation of the school district’s policy or this section shall be required to reimburse the school district in an amount equal to three times the cost associated with attending the event.

The Superintendent may develop regulations to implement this policy.

Legal References:

N.J.S.A. 18A:2-1 Power to effectuate action
N.J.S.A. 18A:4-23 Supervision of schools; enforcement of rules and 24 Determining efficiency of schools; report to state Board
and 24 Determining efficiency of schools; report to state Board
N.J.S.A. 18A:11-1 General mandatory powers and duties
N.J.S.A. 18A:12-4 Compensation of members
N.J.S.A. 18A:12-24 School Ethics Act and 24.1 Code of Ethics
and 24.1 Code of Ethics
N.J.S.A. 18A:54-20 Powers of Board (county vocational schools)
N.J.S.A. 6A:23A-5.9 Out of state and high cost travel
N.J.S.A. 6A:23A-7.1 et. seq
P.L. 2005, c.132 Appropriations Act
P.L. 2007, c. 52 A5, provides for various school district accountability measures
See also: In the Matter of Anthony Esgro, Luis Perez, Clifford Meeks and Frank Speziali, Glassboro Board of Education, CO7-97, March 30, 1998



First Reading: October 23, 2008
Adopted: November 20, 2008

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	9000 By-Laws
Title:	Agenda Preparation/Advance Delivery of Meeting Materials
Number:	9223
Status:	Active
Legal:
Adopted:	02/08/2007
Last Revised:	02/08/2007
Last Reviewed:

The Chief School Administrator and the Board President shall prepare the agenda for all meetings of the Board. In doing so, they shall consult the Board Secretary.

Items of business suggested by any Board member, staff member, or citizen of the District many be included at the discretion of the Chief School Administrator and Board president. When appropriate, the agenda shall allow time for the remarks of citizens, staff members, or pupils who wish to speak briefly before the Board.

The agenda shall be published pursuant to provisions of the Open Public Meetings Act. The Board shall follow the order of business set up by the agenda unless the order is altered by a majority vote of the members present and voting. At a regularly scheduled meeting for which an advance agenda has been provided to the public, items of business not anticipated at the time the agenda was prepared may be discussed and acted upon if a majority of the Board present and voting agrees to consider them. However, existing Board policies and bylaws may not be revised or new ones adopted unless the proposals are on the written agenda.

The agenda, together with supporting materials, shall be distributed to Board members sufficiently prior to the Board meeting to permit them to give items of business careful consideration. The agenda shall also be made available to the press, representatives of community and staff groups, and others, upon request.

Legal References:

N.J.S.A. 18A:11-1 General mandatory powers and duties
Crifasi v. Governing Body of the Borough of Oakland, 156 N.J.Super. 182 (App. Div. 1978)

N.J.S.A. 10:4-6 et seq. Open Public Meetings Act

First Reading: January 18, 2007
Adopted: February 8, 2007

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	9000 By-Laws
Title:	Board of Education Records
Number:	9327
Status:	Active
Legal:
Adopted:	02/08/2007
Last Revised:	02/08/2007
Last Reviewed:

N.J.S.A. 47:1A-1 et seq. Open Public Records Act

N.J.S.A. 10:4-6 et seq. Open Public Meetings Act

20 U.S.C. 1232 (g) Family Educational Rights and Privacy Act




First Reading: January 18, 2007
Adopted: February 8, 2007

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	9000 By-Laws
Title:	Election
Number:	9220
Status:	Active
Legal:
Adopted:	02/08/2007
Last Revised:	02/08/2007
Last Reviewed:

Legal References:

N.J.S.A. 18A:12-11 Election and Number of Board Members; Terms
N.J.S.A. 19:60-1 et seq. Annual School Election

First Reading: January 18, 2007
Adopted: February 8, 2007