New Jersey Association of School Business Officials v. Davy, A-6074-07T2; Appellate Division; opinion by Grall, J.A.D.; decided and approved for publication September 2, 2009. Before Judges Skillman, Grall and Espinosa. On appeal from the New Jersey Department of Education. DDS No. 01-2-5206 [40 pp.]
The commissioner of the Department of Education has adopted regulations titled “Fiscal Accountability, Efficiency and Budgeting Procedures,” N.J.A.C. Title 6A, Chapter 23A, to implement laws enacted to revise the school-funding formula and reduce property taxes, in part, through oversight and limitation of government spending by school districts. Asserting the interests of its members, the New Jersey Association of School Business Officials appeals and challenges the validity of regulations that set standards for payments in lieu of unused sick and vacation leave to school district business administrators, N.J.A.C. 6A:23A-3.1(e)(6)-(8), and condition a school district’s receipt of state aid on its adoption of a nepotism policy, N.J.A.C. 6A:23A-6.2.
