Florio Perrucci Steinhardt & Fader

WHAT'S IN THE “TOOL KIT” FOR YOUR DISTRICT?
By: Jessica L. Cardone, Esq.

Governor Christie recently presented to the Legislature a 33-bill package of reforms, which the Governor calls his legislative "Tool Kit". The legislative package seeks to provide school districts with the tools necessary to, as Commissioner of Education Bret Schundler has testified, “moderate the growth pace of school district salary and benefit costs.” The centerpiece of this legislative package is "Cap 2.5," a constitutional amendment creating a 2.5% cap on the increase in the property tax levy by municipal, school and county governments. The amendment would also place a 2.5% cap on state spending, excluding increases in state aid to school districts.

In addition to Cap 2.5, the Educational Tool Kit focuses upon the following areas:

Election Reform: Governor Christie proposes to move school board elections to November with the intent to increase voter participation and achieve cost savings without a stand alone election in April.

Shared Services: If the legislation is passed as anticipated, executive county superintendents will require collaboration among districts to evaluate the options of expanding shared services. Further, executive county superintendents may require a district to enter into shared services agreements with other units of local government if the arrangement will result in cost savings to either entity. Recognizing the increasing financial burdens of the districts in New Jersey, interest in shared services will continue to grow.

Labor Law Reform: The legislation intends to restore a district’s ability to impose a “last best offer” contract after negotiations are fully exhausted; an option previously provided to school boards until 2003. Although a tool rarely used in the past, the last best offer contract may afford boards just the amount of power needed at the bargaining table to better control increasing costs.

The New Jersey School Boards Association supports this reform noting that “[t]he administration understands the strength this proposal would give local school boards in keeping negotiations on track and result in contracts that balance the educational needs of students and the community’s financial interests,” said Marie S. Bilik, Executive Director of the New Jersey School Boards Association.

Executive Superintendent County Review: The Governor proposes to give the executive county superintendents the responsibility to review all union and superintendent contracts and not approve contracts that:

• Have salary/benefit increases exceeding the 2.5% cap;
• Do not require pupil contact time per day as set by regulation;
• Do not require a minimum number of work days as set by regulation; or
• Prohibit contracting out auxiliary/ancillary services.

Lastly, the Governor recommends a number of key reforms to assist higher education institutions in New Jersey to lower costs, economize, and manage their budgets more effectively.

All in all “Governor Christie’s package of reform legislation is designed to enable school districts to better manage their budgets and, by extension, hold down property taxes for New Jersey families.” New Jersey League of Municipalities, The Christie Reform Agenda: Enacting Reform Now to Protect Education and New Jersey’s Children (May 10, 2010).

Our firm will continue to closely monitor the progress of this legislation, its implementation, and the effect the final product will have on school boards across New Jersey.

Are You Registered Yet . . . for Our Shared Services and Public-Private Partnerships Roundtable?

If you haven’t registered for our Shared Services and Public-Private Partnerships Roundtable scheduled for Friday, June 18, from 8:00 – 10:30 am at the Renaissance Newark Airport Hotel, 1000 Spring Street, Elizabeth, NJ 07201, please do so as soon as possible. Seating is limited. Special Guests will be Commissioner of Education Bret Schundler and Paul A. Sarlo, Senate Deputy Majority Leader and Chairman of the Budget & Appropriations Committee.

Along with Florio Perrucci Steinhardt & Fader, LLC, co-hosts of this Roundtable are Lerch, Vinci & Higgins, LLP; MAST Construction Services, Inc.; and DMR Architects. RSVP to rsvpeingis@florioperrucci.com or call 908-454-8300 and ask for Elaine Ingis.

THE EDUCATION LAW TEAM

Building on its strengths in labor and employment and litigation defense, Florio Perrucci Steinhardt & Fader has established an education practice group to provide advice and counsel to school districts and institutions of higher learning in New Jersey and Pennsylvania.

With the experience of seasoned school board attorneys, we provide leadership and advocacy to our clients in their quest to create and maintain outstanding school districts for children in grades K-12. Our counsel covers the requirements of the No Child Left Behind Act of 2001; other regulatory compliance issues; and matters involving civil rights, litigation, labor and employment, construction and environmental law.

Florio Perrucci Steinhardt & Fader helps school districts manage new policy development, identify emerging needs and analyze relevant case law. Florio Perrucci Steinhardt & Fader provides guidance on statutes, commissioner decisions, administrative law decisions, relevant case law in Superior and State courts, regulations and legislation. We develop creative solutions and understand that the size of a district can dictate its needs. Our attorneys have advised large urban school districts, small districts and suburban districts. Working with our labor and employment and litigation defense groups, our education law attorneys have the depth of experience and resources at hand to effectively manage dispute resolution, negotiation, arbitration and litigation in the state and federal courts and before administrative agencies.

For institutions of higher learning, Florio Perrucci Steinhardt & Fader provides counsel to colleges for labor and employment, and litigation defense. For colleges contemplating or managing expansion or replacement of their buildings, the firm offers many years of managing the myriad issues that come with construction projects. We provide legal counsel for environmental issues that frequently are part of any "bricks and mortar" project.

We are responsible citizens in our respective communities. Several of our attorneys are mayors of their towns, and others are volunteer public servants and, therefore, sensitive to public sentiment. Above all, we are parents who are concerned about America's educational system. As attorneys and as individuals, we are committed to excellence in education for students throughout the states in which we work.