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COVID-19 UPDATE: Governor Murphy Signs Executive Order Extending Statutory Deadlines for School Districts With Elections Moved from April to May

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On April 7, 2020, Governor Murphy signed Executive Order No. 116, extending certain statutory deadlines for school districts that have not moved their elections to November pursuant to N.J.S.A. 19:60-1 (Type II School Districts) with elections scheduled in May, including 1) the governing body of the municipality presenting and certifying a tax levy to the county board of taxation and 2) districts giving notice to nontenured teaching staff members whether they will be employed for the following year. Governor Murphy previously signed Executive Order No. 105, which postponed school board elections in Type II Districts scheduled for April 21, 2020 until May 12, 2020.

As a result of Executive Order 116, the impacted school districts and municipalities with April elections now re-scheduled to May 12, will have additional time to make decisions regarding school budgets and the future employment of nontenured teaching staff by the extended deadlines.

Governor Murphy’s Executive Order makes the following changes:
  • Extends deadline for certifying tax levy to county tax board:  If a proposed school budget is rejected by the voters on May 12, the May 19 deadline for presenting and certifying the tax levy to the county board of taxation is extended by three weeks to June
  • 9.  This gives the municipal government the same amount of time that it would normally have to respond to the vote and make adjustments to the budget.

  • Extends deadline for notifying nontenured staff:  For districts with elections being moved from April 21 to May 12, their deadline to give notice to nontenured teaching staff members about their employment for the following year is extended by three weeks from May 15 to June 5.  This will give districts time, following a budget vote on May 12, to plan for the following year and set employment levels accordingly.  The deadline for nontenured teaching staff members to accept such an offer of employment will be changed from June 1 to June 22
  • Extends school board terms:  School board members whose statutory terms were set to expire following the April election, will have their terms extended until the first organizational school board meeting following the election in May, at which time the terms of the school board members elected in May shall begin. The terms for school board members elected in May shall run as though they had taken office at the first organizational meeting following the originally scheduled April 21, 2020 election. The Order will take effect immediately.
View Executive Order No. 116 here.

We are able to respond to any questions that you may have regarding the information in this article. Please feel free to contact Philip E. Stern at pstern@newjerseylaw.net, or call us at 908- 757-7800 regarding this information.

DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis, Lehrer & Flaum PC (http://www.dbnjlawblog.com) is a full service law firm in New Jersey which provides a broad range of legal services.

The information contained in this blog is intended solely for informational purposes; it is a advertising publication of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis, Lehrer & Flaum P.C.This publication is intended to alert recipients of developments in the law and is not intended to provide legal counsel, advice or opinion on any specific facts or circumstances. The contents are intended as general information only. You are urged to consult a member of this firm or your own attorney concerning your particular situation and any specific legal questio.