N.J. Admin. Code § 6A:28-5.2

Current through Register Vol. 57, No. 1, January 6, 2025

Section 6A:28-5.2 - Procedures for requesting and receiving an advisory opinion

(a) Requests for advisory opinions shall clearly set forth in detail the anticipated future conduct or activity the school official seeks to undertake and the exact role the school official anticipates having in that activity or conduct, as well as the anticipated date(s) the prospective activity is to occur or begin.

1. The request shall include a statement that the school official has reviewed the public advisory opinions available on the Commission's website, and the concern raised in the request has not already been addressed by the Commission in an existing advisory opinion.

2. Upon receipt of a request for an advisory opinion, the Commission may copy the attorney who represents the district board of education or the board of trustees on the Commission's response to the request.

(b) A school official may seek an advisory opinion from the Commission as to the proposed conduct of another school official, but the requesting school official shall provide proof of service pursuant to N.J.A.C. 6A:28-1.7 to show that the school official whose proposed activity or conduct is in question has been copied on the request. The school official whose conduct is in question will then have 10 days from receipt of the advisory opinion request to respond.

(c) Upon receipt of a request for an advisory opinion, the Commission shall assign a file number to the request.

1. During the course of any staff work and/or Commission deliberation regarding the request for an advisory opinion, the request shall be identified for purposes of public access only by file number and not by the name(s) of school official(s) involved.

2. Information regarding any request for an advisory opinion shall not be made public by the Commission unless the information is incorporated into the advisory opinion and made public, in accordance with (e) below.

3. The Commission may decline to accept an advisory opinion request where public advisories sufficiently address the questions raised in the advisory opinion request, where the request does not meet the requirements of this subchapter, or where the Commission has determined there is insufficient time to consider and respond to the request before the proposed activity occurs.

(d) The Commission or its staff may require additional information from the school official or attorney seeking an advisory opinion or require the school official's appearance before the Commission or its staff.

(e) Advisory opinions issued by the Commission shall not be made public unless six members vote to direct the opinion to be made public.

1. Advisory opinions made public by the Commission shall delete the name and school district of the school official requesting the advisory opinion, as well as any other information that would identify the district board of education, the board of trustees, or the school official.

N.J. Admin. Code § 6A:28-5.2

Amended by R.2000 d.139, effective 4/3/2000.
See: 31 N.J.R. 4166(a), 32 N.J.R. 1189(a).
Inserted a new (c); recodified former (c) through (h) as (d) through (i); and in the new (e), inserted "opinion" following "advisory".
Recodified from N.J.A.C. 6A:28-1.7(b) through 6A:28-1.7(i) and amended by R.2004 d.378, effective 10/4/2004.
See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a).
Recodified former (b) as (a); recodified former (c) as (b) and rewrote the paragraph; recodified former (d) as (c) and deleted "and (f)" preceding "below" in 2; recodified former (e), (f), (g) and (h) as (d), (e), (e)1 and (f) respectively; deleted former (i).
Amended by R.2009 d.163, effective 5/18/2009.
See: 41 N.J.R. 26(a), 41 N.J.R. 699(a), 41 N.J.R. 2095(a).
Section was "Procedures for Requesting and Receiving an Opinion". In (b), inserted "provide proof of service pursuant to N.J.A.C. 6A:28-1.7 to"; in (c)2, inserted "by the Commission"; added (c)3; and deleted (f).

Amended by 55 N.J.R. 359(b), effective 3/6/2023