K-12 Governance Structures: State Profile

K-12 Governance Structures: State Profile - New Jersey

November 2017


Data are collected using publicly available state constitutional language and state statutes. Updated as of Nov. 1, 2017.
 

Governor
What constitutional or statutory duties does the governor have as it relates to education? The executive power shall be vested in a governor.

The governor shall take care that the laws be faithfully executed. To this end he shall have power, by appropriate action or proceeding in the courts brought in the name of the state, to enforce compliance with any constitutional or legislative mandate.

Bills that have passed both houses shall be presented to the governor for signature or, if he disapproves, he shall return it to the house of origin.

If any bill presented to the governor shall contain one or more items of appropriation of money, he may object in whole or in part to any such item or items while approving the other portions of the bill.
What is the appointment authority provided to the governor in education? The governor appoints the commissioner of education and the members of the state board of education with the advice and consent of the senate.
Are the governor’s duties and powers and found in the state constitution? No
Are the governor’s duties and powers and found in the state statute? Yes
Citation N.J.S.A. Const. Art. 5, § 1, ¶ 1
N.J.S.A. Const. Art. 5, § 1, ¶ 11
N.J.S.A. Const. Art. 5, § 1, ¶ 14
N.J.S.A. Const. Art. 5, § 1, ¶ 15
N.J. Stat. Ann. 18A:4-21
N.J. Stat. Ann. 18A:4-4
Legislature
What constitutional or statutory powers does the legislature have as it relates to education policy? The legislative power shall be vested in a senate and general assembly.

The legislature shall provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all the children in the state between the ages of five and 18 years.

The legislature may provide, within reasonable limitations as to distance to be prescribed, provide for the transportation of children within the ages of five to 18 years inclusive to and from any school.
What is the appointment or confirmation authority of the legislature in education? The senate provides advice and consent to the governor's appointments to the state board of education and for the commissioner of education.
Which committees in the legislature have jurisdiction over education issues? House:
Education

Senate:
Education

Joint Committees:
Public Education
Constitutional? Yes
Statutory? Yes
Citations N.J.S.A. Const. Art. 4, § 1, ¶ 1
N.J.S.A. Const. Art. 8, § 4, ¶ 1
N.J.S.A. Const. Art. 8, § 4, ¶ 3
N.J. Stat. Ann. 18A:4-4
N.J. Stat. Ann. 18A:4-21
Chief State School Officer
What are the duties of the chief state officer? The commissioner shall have supervision of all schools in the state receiving support or aid from state appropriations.

The commissioner shall inquire into the and ascertain the thoroughness and efficiency of operation of any of the schools of the public school system.

The commissioner may, with the approval of the state board, prescribe minimum courses of study for the public schools and require boards of education to submit to him for approval or disapproval courses of study adopted by them.

The commissioner may accept and administer for the state any grant, conveyance, devise, bequest, or donation to be applied for the purposes specified in such grant.
What constitutional or statutory authority does the chief state school officer have as it relates to education policy? The commissioner shall be:

-The chief executive and administrative officer of the department having general charge and supervision of the work of the department.

-The official agent of the state board for all purposes.

-The budget request officer and approval officer of the department, with power to delegate the duties of such officers.

-Authorized, subject to law, to designate one of the assistant commissioners to act in his place and stead during his absence.
How is the chief state school officer selected? The commissioner of education is appointed by the governor with the advice and consent of the senate.
Constitutional? No
Statutory? Yes
Citation N.J. Stat. Ann. 18A:4-23
N.J. Stat. Ann. 18A:4-24
N.J. Stat. Ann. 18A:4-25
N.J. Stat. Ann. 18A:4-26
N.J. Stat. Ann. 18A:4-22
State Board of Education
What constitutional or statutory powers and duties does the state board of education have as it relates to education policy? The general supervision and control of public education in this state, except for higher education, and of the state department of education shall be vested in the state board, which shall formulate plans and make recommendations for the unified, continuous and efficient development of public education.

The state board shall, if necessary, take and condemn land according to eminent domain provisions.

The state board shall conduct all building operations coming within its direct supervision.

The state board shall prescribe a uniform system of bookkeeping which is consistent with generally accepted accounting principles.

The state board shall make and enforce, and may alter and repeat, rules for its own government and for implementing and carrying out the school laws of this state under which it has jurisdiction.

The state board shall report to the legislature annually.
What is the composition of the state board of education? The state board of education consists of 13 members, who are citizens of the state and have resided therein not less than five years immediately preceding their appointment, not less than three shall be women, and not more than one member shall be appointed from any one county.
How are members of the state board of education selected? Members of the state board of education are appointed by the governor with the consent of the senate.
Constitutional? No
Statutory? Yes
Citation N.J. Stat. Ann. 18A:4-10
N.J. Stat. Ann. 18A:4-11
N.J. Stat. Ann. 18A:4-13
N.J. Stat. Ann. 18A:4-14
N.J. Stat. Ann. 18A:4-15
N.J. Stat. Ann. 18A:4-20
N.J. Stat. Ann. 18A:4-3
N.J. Stat. Ann. 18A:4-4
Executive-Level Secretary
Does the state have an executive-level secretary? The commissioner of education shall be the secretary to the state board of education, but may designate one of his clerks to perform the duties of secretary.
What other duties does the executive-level secretary have? The state board designates the duties of the secretary of the state board of education.
Constitutional? No
Statutory? Yes
Citation N.J. Stat. Ann. 18A:4-9

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