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Commissioner of Education Upholds Violations of School Ethics Act

October 10, 2017
By Sanmathi (Sanu) Dev, Esq.

On September 11, 2017, the New Jersey Commissioner of Education (“Commissioner”) affirmed six decisions by the New Jersey School Ethics Commission (“SEC”) that various board of education members violated the School Ethics Act for failing to timely complete school board member training. These board members received penalties ranging from suspensions to reprimands.

N.J.S.A. 18A:12-33 of the School Ethics Act requires, in relevant part, the following for members of a board of education or charter school board of trustees:

(a) Each newly elected or appointed board member shall complete during the first year of the member’s first term a training program…regarding the skills and knowledge necessary to serve as a local school board member. The training program shall include information regarding the school district monitoring system…and the five key components of school district effectiveness on which school districts are evaluated under the monitoring system: instruction and program; personnel; fiscal management; operations; and governance. The board member shall complete a training program on school district governance in each of the subsequent two years of the board member’s first term.

(b) Within one year after each re-election or re-appointment to the board of education, the board member shall complete an advanced training program[.]

(d) Within one year after being newly elected or appointed or being re-elected or re-appointed to the board of education, a board member shall complete a training program on harassment, intimidation, and bullying in schools[.]

In three of these cases, the SEC found that the board members failed to complete the mandatory training required by statute despite receiving notification of noncompliance. The Commissioner upheld the penalty recommended by the SEC, which included a thirty-day suspension and ordering that the board members complete an online training program within thirty days. Further, the Commissioner ordered removal of the individuals as board members if they do not complete the online training program within thirty days.

In the remaining three cases, the board members completed the requisite training after an order to show cause was filed against them but before the SEC issued a final decision. Those board members received a written reprimand as a school official who violated the School Ethics Act.

The individual Commissioner and SEC decisions can be found here.

About the Author:

Sanmathi (Sanu) Dev

Chair, Education Practice


Ms. Dev concentrates her practice on the representation of boards of education and school districts in all areas of education law including: labor and employment, special education, Section 504, student discipline, student records, Family Educational Rights and Privacy Act, Anti-Bullying Bill of Rights Act, School Ethics Act, student residency, civil rights, tenure, negotiations, Open Public Records Act, and Open Public Meetings Act.

In connection with these representations, she is an experienced litigator before State and Federal courts, including the Office of Administrative Law. She routinely defends school districts and employers in a variety of claims involving employee discipline and termination, discrimination, harassment, hostile work environment, leaves of absence, Family and Medical Leave Act, New Jersey Family Leave Act, health and safety, whistleblowing, Americans with Disabilities Act, Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and First Amendment. Ms. Dev is also an experienced special education litigator and defends school districts in due process hearings from inception through trial. In addition, she litigates employment, labor, and civil rights claims before governmental agencies, including the U.S. Equal Employment Opportunity Commission, U.S. Office for Civil Rights, New Jersey Public Employment Relations Commission, and New Jersey Division on Civil Rights.

Ms. Dev also serves as labor counsel and chief negotiator on behalf of employers. She negotiates collective bargaining agreements with union leadership and manages contract negotiations with various collective bargaining units. Ms. Dev defends grievances, disputes, and arbitrations related to collective bargaining agreements.

Ms. Dev founded Capehart Scatchard’s Diversity and Inclusion Committee and served as its Chair from 2017 through February 2024. From 2018-2023, she served as the firm’s Hiring Shareholder. Ms. Dev previously served as a judicial law clerk to the Honorable Ronald E. Bookbinder, A.J.S.C. in Burlington County.

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