NEW JERSEY ASSOCIATION OF SCHOOL ADMINISTRATORS v.
BRET SCHUNDLER, Commissioner of Education of the State
of New Jersey
A-2101-08T2 08-03-10
Plaintiffs challenge regulations adopted by the
Commissioner of Education in 2008 entitled "Fiscal
Accountability, Efficiency and Budgeting Procedures," N.J.A.C.
6A:23A-1.2 to -22.15. We reject the argument that the
regulations are an impermissible taking, unconstitutionally
vague, a violation of equal protection and ultra vires. We
agree, however, as opposed to N.J. Ass'n v. Davy, 409 N.J.
Super. 467 (App. Div. 2009), that certain of the regulations
violate the tenure statute, N.J.S.A. 18A:28-5, and are thus
invalid.
Judge Grall concurs in part and dissents in part.
