15266 May 06 OnTarget · demonstrating problem solving, creativity, collaboration, analytical...
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A PUBLICATION OF THE NEW JERSEY ASSOCIATION OF SCHOOL ADMINISTRATORS O O O N TARGET continued on page 10 Feb./March 2011 Defining Reform for NJ Students Designing the Plan Visiting NJASA Allied Members Playing Havoc with the Calendar Providing the Expected Services Taxing Retirement Income 2 3 4 6 8 9 NJASA has taken the next step in its strategy to protect the legal rights of NJASA members. Attorneys for the Association filed a complaint captioned NJASA, James O'Neill and Rene Rovtar v. Rochelle Hendricks, Kathleen Serafino, and the New Jersey Department of Education, on January 13, 2011. The complaint for declaratory judgment seeks an injunction and order compelling the ECS in Morris County to review the contracts of the superintendents of Long Hill Township, and the School District of the Chathams. In that action, NJASA also asked the court to enjoin the Acting Commissioner and her successor from enforcing the November 15, 2010 memorandum ordering the ECSs to cease the performance of their statu- tory duty to review contracts in accordance with existing standards. Also in that action, NJASA and the superintendents challenged the proposed superintendent salary cap regulations as they exceed the authority granted to the Com mi s- sioner by the Legislature, since the Legislature gave boards of education the power to set super- intendent salaries. This complaint was filed in the New Jersey Superior Court, Chancery Division, in Morris County. The Association also filed a Petition on behalf of the superintendent of Westfield, together with the Westfield Board, seeking for the Acting Com m is- sioner to overturn the actions of the ECS in Union County, wherein she refused to review and approve the contract of the superintendent. That action was dismissed by the Acting Com m is- sioner, and subsequently, a Notice of Appeal was filed on behalf of the superintendent with the Appellate Division. NJASA Executive Director Richard Bozza said, “It is NJASA’s belief that the Acting Com m is- sioner’s memorandum of November 15, 2010, and the Executive County Superintendents’ fail- NJASA Gears Up for Lengthy Legal Battle “…violates existing legislation and the New Jersey Constitution.” In spite of the snow, wind and ice that blasted New Jersey the day before Techspo, the annual NJASA technology conference, keynote speakers flew into Philadelphia. And, loyal attendees braved the elements to peek into the future with keynote speakers, right photo, David Zach, Futurist, and left photo, third from left, Lee Crockett, Director of Media, InfoSavvy. Joining Crockett, from left, are NJASA representatives - Technology Committee Chair Steven Engravalle, Secretary Dr. Donna B. Van Horn, President Judith Ann Rattner and President-Elect Dr. Andrew Rinko. Techspo Offers the Right Tools for the Job!
Transcript of 15266 May 06 OnTarget · demonstrating problem solving, creativity, collaboration, analytical...
A PUBLICATION OF THE NEW JERSEY ASSOCIATION OF SCHOOL ADMINISTRATORS
OOOONN TTAARRGGEETT
continued on page 10
Feb./March2011
DefiningReform forNJ Students
Designingthe Plan
VisitingNJASAAllied
Members
Playing Havocwith theCalendar
Providing theExpectedServices
TaxingRetirementIncome
2
3
4
6
8
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NJASA has taken the next step in its strategy toprotect the legal rights of NJASA members.Attorneys for the Association filed a complaintcaptioned NJASA, James O'Neill and Rene Rovtarv. Rochelle Hendricks, Kathleen Serafino, and theNew Jersey Department of Education, on January13, 2011.
The complaint for declaratory judgment seeks aninjunction and order compelling the ECS inMorris County to review the contracts of thesuperintendents of Long Hill Township, and theSchool District of the Chathams. In that action,NJASA also asked the court to enjoin the ActingCommissioner and her successor from enforcingthe November 15, 2010 memorandum orderingthe ECSs to cease the performance of their statu-tory duty to review contracts in accordance withexisting standards. Also in that action, NJASAand the superintendents challenged the proposedsuperintendent salary cap regulations as theyexceed the authority granted to the Com mis -
sioner by the Legislature, since the Legislaturegave boards of education the power to set super-intendent salaries. This complaint was filed in theNew Jersey Superior Court, Chancery Division,in Morris County.
The Association also filed a Petition on behalf ofthe superintendent of Westfield, together with theWestfield Board, seeking for the Acting Com mis -sioner to overturn the actions of the ECS inUnion County, wherein she refused to review andapprove the contract of the superintendent. Thataction was dismissed by the Acting Com mis -sioner, and subsequently, a Notice of Appeal wasfiled on behalf of the superintendent with theAppellate Division.
NJASA Executive Director Richard Bozza said,“It is NJASA’s belief that the Acting Com mis -sioner’s memorandum of November 15, 2010,and the Executive County Superintendents’ fail-
NJASA Gears Up for Lengthy Legal Battle“…violates existing legislation and the New Jersey Constitution.”
In spite of the snow, wind and ice that blasted New Jersey the day before Techspo, the annual NJASA technologyconference, keynote speakers flew into Philadelphia. And, loyal attendees braved the elements to peek into thefuture with keynote speakers, right photo, David Zach, Futurist, and left photo, third from left, Lee Crockett,Director of Media, InfoSavvy. Joining Crockett, from left, are NJASA representatives - Technology CommitteeChair Steven Engravalle, Secretary Dr. Donna B. Van Horn, President Judith Ann Rattner and President-ElectDr. Andrew Rinko.
Techspo Offers the Right Tools for the Job!
On February 4th, Association President Judith Rattner and Iappeared before the Governor’s Educator Effectiveness TaskForce. In tendering the Association’s three-part message, theopening remarks offered a global statement of support withcautions. It reads, “NJASA supports accountability for educa-tors and a system of evaluation which examines the work ofadults in light of student outcomes.”
The second part of NJASA’s comments focused on fiveimportant factors for the Task Force to consider. They are:1. National efforts will yield important results.2. Educator evaluation reforms may detract from address-
ing the effects of poverty.3. Assessment should be designed around a clear vision of
purpose and learning goals for the 21st Century, not to narrow the curriculum.
4. Value added models foster an antiquated model of edu-cation.
5. Build and develop professional capacity.
In closing, the NJASA statement offers the following 12-spe-cific recommendations.1. The Task Force recommendations are an important begin-
ning to continuing discussion on how best to accomplish the goals that we aspire for evaluating educators and achieving a quality education for all New Jersey students.
2. Recognizing the work to be accomplished beyond March 1st, a formal plan for continuing the work of the Task Force or similar body should be recommended. The rec-ommendation should seek to expand the opportunity for stakeholders to participate in the discussion and ensure that additional learning by the participants occurs based on emerging research brought forward by the Race to the Top Grant and Gates Foundation grant activities.
3. Future study should look to the experience of the countries that demonstrate significant student achievement gains on international assessments and evaluate their methods for use in New Jersey.
4. Recommendations of the Task Force should not place standardized assessment results as the threshold or “trig-ger” for employment or compensation decisions. All evaluation factors should be considered jointly prior to any such recommendations.
5. The significant effects of poverty on student learning must be given appropriate consideration in evaluating student progress and educator performance.
6. Emphasis must be equally placed on the implementation of high standards for curriculum, assessments, instruction and employee evaluation which will result in students
demonstrating problem solving, creativity, collaboration, analytical thinking and effective communication.
7. Assessment should be designed around a clear vision of purpose and learning, not based on assessments which narrow the curriculum to results in language and mathe-matics alone.
8. Task Force recommendations should support more than a data reporting system. The data system should incor-porate technology to distribute and administer assess-ments; enable simulations, research tasks, and other means for evaluating applied learning; and support both human scoring and machine scoring of open-ended items.
9. Consideration should be given to accountability practices which support 21st Century schooling and learning. Equal accountability for school teams, grade levels, or school staff in many situations are preferable to isolated programs of evaluation alone. Sharing responsibility does not mean evading it.
10. Professional development for educators should be a core component of the evaluation system.
11. Emphasis and resources on classroom supervision and coaching should be included in the recommendations.
12. Structured performance assessments of teachers such as that offered by the National Board for Professional Teaching Standards (NBPTS) should be seriously con-sidered. In the NBPTS system, teachers participate in a two-part assessment geared to their specialty and modeledon the same principles underlying authentic assessment of students: it is multi-faceted, takes place over time, and uses classroom products and records of teaching activities as central measures.
We provided the committee with research documenting thepitfalls in using value added models to make employmentand compensation decisions for teachers and administrators.We encouraged the members to extend accountabilitybeyond the individual teacher alone to all grade level mem-bers, teaching team members or school staff in order to pro-mote collegial efforts and the development of students whothink critically, solve problems, are innovative and creativeand become complex communicators.
Expect controversy and debate to follow the release of the TaskForce report in early March. NJASA will keep you apprised ofdevelopments and solicit your comments and suggestionsregarding its recommendations.
View the NJASA Statement in entirety, athttp://bit.ly/gZu2Gu
ON TARGET • Page 2
EXECUTIVEVIEW
by Dr. Richard G. Bozza, NJASA Executive Director
cwashington
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ON TARGET • Page 3
The Steven Spielberg film series, The Adventures of IndianaJones, have always fascinated me. The dominate theme ofeach of the action-packed movies is the drive and motivationof the main character, played by Harrison Ford, to locate thehidden treasure. And the most significant instrumentemployed by Harrison in his searches, is a map.
I, like Harrison, have always found maps to be extremely use-ful as I traveled the path of life beginning with my elemen-tary school days. Whether a map is the traditional tri-foldcolor type or a high-tech digital global positioning device, amap captivates my interest because it offers me the opportu-nity to expand my knowledge base and to provide me withthe ability to move from one location to another. Maps arean indispensable tool for life.
Which brings me to the point of my message, maps are plansand plans are an essential part of one’s life and are a basicrequirement of an organization. Over the years, our organiza-tion, NJASA, has designed several maps and traveled downmany roads with numerous twists and turns. Those travelsare responsible for bringing to life the Association’s MissionStatement that reads:
…the unifying professional association of school leaders,is to ensure a superior statewide system of education byinfluencing and effecting educational policy, regulationsand legislation; and by maximizing the capacity andeffectiveness of school leaders through professionaldevelopment programs and support services.
From this foundation, NJASA was able to develop ourbeliefs. They are as follows:
• have a vision for education and articulate that vision to thebenefit of students and communities;
• align the organization’s purpose and values with those of itsmembers;
• make an essential difference in the lives of children andcommunities;
• create leadership development professionals who facilitateprofessional growth and empowerment of others;
• model and generate commitment to shared values;• attract and energize followers;• provide a clear sense of direction; and• be action oriented.
During the spring of 2009, information from our Trentonsources indicated the political landscape in New Jersey would betraveling a new map. In anticipation of these new road hazards,NJASA initiated a strategic planning process that is traveling theSWOT (strengths, weaknesses, opportunities and threats) map.
The Association’s Officers and Executive Committee believe it is imperative to examine the strengths and weaknesses of ourorganization’s internal environment and the opportunities andthreats of our external surroundings. (http://bit.ly/gyrp0s) Inthe broadest sense, the issues of member services, communica-tions, business model/revenue generation, systems and commit-tee structure, partnerships and facilities were identified as thekey areas of our evaluation.
I would like to thank those NJASA members who have partici-pated in discussions and surveys that address these topics. Istrongly recommend and encourage all NJASA members to joinus in developing our new map as we encounter the changinglandscape of education.
PRESIDENT’SMESSAGE
by Judith Ann RattnerNJASA President 2010-2011
ADAMS STERN GUTIERREZ & LATTIBOUDERE, LLC
Philip E. SternAttorney at Law
The Legal Center1037 Raymond Blvd., Suite 710Newark, NJ 07102Main 973-735-2742Fax [email protected]
A Minority and Women-Owned law firm helping New Jersey school districts achievetheir highest goals.
The Landscape of Education Keeps Changing
cwashington
Underline
ON TARGET • Page 4
Meet the NJASA Allied MembersIf you are looking for school necessities or services, etc., please check this partial listing, as well as inthe Allied Members section of the NJASA Membership Directory and Buying Guide, for the namesof those suppliers who are part of our organization.
11th HourSCHOOL TECHNOLOGY,NETWORK, & CLOUDCOMPUTING SERVICES
P.O. Box 1204Medford, NJ 08055
Edwin Wargo856-599-5175
AccuscanRECORD SCANNING/
DOCUMENT MANAGEMENT299 Farnum Street
Edgewater Park, NJ 08010Arthur Staerk609-410-4540
Archer & Greiner,A Professional Corp.
ATTORNEYSOne Centennial SquareHaddonfield, NJ 08033
Susan Hodges856-354-3076
Birdsall Services GroupARCHITECTS/ENGINEERS/PLANNERS/DESIGNERS
2100 Highway 35, Old Mill PlazaSea Girt, NJ 08750Robert M. Gerard732-681-1165
Cengage LearningPROVIDER OF INNOVATIVETEACHING AND LEARNING
SOLUTIONS27500 Drake Road
Farmington Hills, MI 48331Brian Downey201-984-9860
Comegno Law Group PCSCHOOL LAW FIRM
REPRESENTING PUBLIC &INDEPENDENT SCHOOLS
521 Pleasant Valley Ave.Moorestown, NJ 08057John B. Comegno II
www.comegnolaw.com
Conner Strong Companies Inc.INSURANCE - EMPLOYEE
BENEFITS401 Rt 73 N., P.O. Box 989
Marlton, NJ 08053Joseph DiBella856-470-2209
DynTek Services Inc.TECHNOLOGY SERVICE
PROVIDER525 Lincoln Drive West, Suite 310
Marlton, NJ 08053Loretta Kushner856-834-1130
EIRCEDUCATIONAL INFORMATION &
RESOURCE CENTER107 Gilbreth Parkway, Suite 200
Mullica Hill, NJ 08062Stephen H. Hoffman
856-582-7000www.eirc.org
EMTECEMTEC PROVIDES IT SOLUTIONS
& PRODUCTS TO FEDERAL/STATE/LOCAL EDUCATION
11 Diamond RoadSpringfield, NJ 07081
Brenda Kasica609-203-0701
Health Care Assistance with Member Support
LABOR COUNSEL/RELATIONS600 Easton Road
Willow Grove, PA 19090Terry Livorsi888-828-7826
Metropolitan TechnologiesTECHNOLOGY AND SECURITY
CONSULTANTS103 Carnegie Center, Suite 300
Princeton, NJ 08540Mark Kretchmer609-919-6355
Northwest Evaluation Association(NWEA)
MAP AND MAP FOR PRIMARYGRADES COMPUTERIZED
ASSESSMENTS5885 SW Meadows Road, Suite 200
Lake Oswego, OR 97035Jim Tilghman317-432-0497
PBGNETWORK STORAGE/
VIRTUALIZATION & REMOTEACCESS
259-A East Browning RoadBellmawr, NJ 08031
Scott Brousseau856-931-1604
Prudential Life InsuranceGROUP DISABILITY INSURANCE
PROGRAM80 Livingston AvenueRoseland, NJ 07068Melissa de Poortere
www.educators-insurance.com
Skyward Inc.STUDENT, FINANCE &HUMAN RESOURCES
ADMINISTRATIVE SOFTWARE5233 Coye Drive
Stevens Point, WI 54481Adam Eberle800-236-7274
TeqSMARTBOARDS, PERIPHERALS &PROFESSIONAL DEVELOPMENT
SERVICES95 Toledo Street
Farmingdale, NY 11735Amy Senius
www.teq.com
VITETTAARCHITECTURE/ENGINEERING/PLANNING/INTERIOR DESIGN901 Lincoln Drive West, Suite 110
Marlton, NJ 08053Steve Shriver856-810-2600
Work-Family Connection (The)CLUBS, CO-CURRICULARS,
SPORTS, CHILDCARE, SUMMERCAMPS GR K-12P.O. Box 1155
Whitehouse Sta., NJ 08889Aurora Pipeling908-616-1459
www.ipctech.com877-947-2835
the technologyof tomorrow ...
in the classroomtoday
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IPC Technologies provides technology solutions thatare educationally enriching, economical and capableof changing the face of the classroom as we know ittoday. Working with partners such as ShoreTel,Lifesize Communications, Ruckus Wireless andBrocade, we assemble best-of-breed networking,wireless and communication resources that not onlyhelp students meet and exceed core curriculumstandards, but also prepare them for the worldbeyond the classroom.
Contact Dan Sebor for additional information(908) 246-5241 �� [email protected]
Techspo 2011 ad.qxp 2/10/2011 12:22 PM Page 2
MISSION STATEMENT
The mission of NJASA, the unifying professional association of school leaders, isto ensure a superior statewide system of education by influencing and effectingeducational policy, regulations and legislation; and by maximizing the capacityand effectiveness of school leaders through professional development programs andsupport services.
Perry Martini, a native of Warren, Ohio, retired from the Navy as a Captain in 1998 after 31years of service spanning the Vietnam War and the Gulf War. During his military career, he earnedthree master's degrees in International Affairs, Business Finance, and Education. Following retire-ment, he was awarded a doctoral degree with distinction in Education from The George WashingtonUniversity. He is currently the Director, Executive Leadership Programs with Academy Leadershipand an adjunct professor in Organizational Leadership Management and Ethics at RegentUniversity.
During his military career, he commanded a U.S. Navy P-3 squadron and worked directly for theChairman, JCS and the CNO, and was awarded the Legion of Merit, Defense Distinguished Service
Medal, and the Meritorious Service Medal. Perry is a graduate of the U.S. Naval Academy and is the President of the Class of1971.
On the speaker circuit, Perry is well known for his book, My Father's Compass: Leadership Lessons for an Immigrant Son.This is a story about Perry Enio Martini, an immigrant who crossed an ocean to come to a new land to find freedom and abetter life. It is also a story about his father Vincenzo, whose vision sparked the quest to America, and on the other end of thetimeline, his son Perry J. Martini, who shares the lessons he learned from both of them in the pages of this book. But evenmore important, it is a story about America.
ON TARGET • Page 5
MARK YOUR CALENDAR!
NJASA/NJSBA 29th Annual Spring Conference
“Together With Purpose:Confirming the Value of Public Education”
May 23-24, 2011
Ocean PlaceLong Branch, New Jersey
Watch for Registration and Hotel Information on www.njasa.net
In addition to 25 well-planned and practiced workshops, don’t miss:
Invited Keynote Speaker – Monday, May 23 – Coach Herman Boone
In 1971, racial tensions ran high at TC Williams High School in Alexandria, Virginia, as threeschools merged to form a newly integrated one. Out of this experience the story of Remember theTitans emerged; and an undefeated football team was born. They won the state championship thatyear.
After beating out local favorite and successful coach Bill Yoast of the formerly all-white HammondHigh to become head coach of the Titans, Boone faced the challenge of a lifetime. Although honoredby his appointment, he had to endure racial intolerance and the disapproval of Yoast’s supporters.However, after putting their prejudices aside, the two coaches worked together to unify the team - a team whose former rivalry was only exacerbated by the strain between the black and white players.
The team came together to form a bond with a common vision - to win football games.Through hard work and inspiring his coaching staff and players, Coach Boone led his team to the state championship
that season. Today, Boone continues to motivate and inspire audiences with his presentations on respect, teamwork and community involvement.
The waiver request forovernight lodging was APPROVED
by the Commissioner ofEducation. As a result of this waiver,
school districts will be able toreimburse attendees for overnight
lodging on Monday,May 23, 2011.
Keynote Speaker – Tuesday, May 24 – Dr. Perry J. Martini
We are all painfully aware that winterarrived in New Jersey exactly on timeand has been a trouble-making guestwho has refused to leave. Even for thesmall number of districts who haveseen few school closings this year,unanticipated events such as heatingsystem failure, broken water pipes, lossof electricity, and other unforseenemergencies may occur at any timeduring the school year. As we continueto watch and wait to see how theremainder of the year unfolds, this isan opportune time for administratorsto re-familiarize themselves with thelaw relative to school closings and theimpact on the school calendar.N.J.S.A. 18A:25-3 provides that:. . . [n]o teaching staff member shallbe required to perform his duties onany day declared by law to be a pub-lic holiday and no deduction shall bemade from such member’s salary byreason of the fact that such a publicholiday happens to be a school dayand any term of any contract madewith such member which is in viola-tion of this section shall be void.
According to N.J.S.A. 36:1-1, there aretwelve public holidays in New Jersey:
• January 1 (New Year’s Day);• The third Monday in January
(Martin Luther King’s Birthday);• February 12 (Lincoln’s Birthday)1;• The third Monday in February(Washington’s Birthday);
• Good Friday;• The last Monday in May(Memorial Day);
• July 4 (Independence Day);• The first Monday in September(Labor Day);
• The second Monday in October(Columbus Day);
• Any general election day;• November 11 (Veteran’s Day);• The fourth Thursday inNovember (Thanksgiving Day); and
• December 25 (Christmas Day)
Whenever the holiday falls on theSunday, the following Monday isdeemed to be the public holiday. Id.However, if the holiday falls on a Sat ur -day, teaching staff members are not per-mitted observance of the holiday onFriday.2,3 Additional days may be addedto the foregoing list of public holidays asordered by the Governor of New Jerseyor the President of the United States.
In addition to the above holidays, allfull-time teaching staff members arepermitted to attend the annual conven-tion of the New Jersey Education
Association for no more than two daysper year. N.J.S.A. 18A:31-2. Any teach-ing staff member who attends the con-ference must receive his/her full salary,upon submission to the board secretary,a certificate of attendance signed by theexecutive secretary of the association.
In prior years in which districts facedmultiple closings, they have been tempt-ed to rearrange the school calendar andschedule classes on one of the legal holi-days set forth above. While this conceptmay provide an easy way to meet therequired number of school days, it isimportant to note that no district mayrequire its teaching staff members toreport to work on any of the days listedabove, though teachers may voluntarilyreport to work on those days. A boardmay, however, require staff members tomake up holiday absences.4 Clearly, indi-vidual agreements with each district’snegotiations unit will impact how eachdistrict manages holiday work schedulesand make-up days.
Generally, the establishment of theschool calendar is a managerial preroga-tive and, therefore, not negotiable.How ever, the terms and conditions ofemployment arising as impact issuesdue to calendar changes are mandatori-ly negotiable.5 While a board may havea managerial prerogative to change theschool calendar and set staffing levels,the school district must negotiate withthe association over the impact that thechange in calendar brings to alleviateany “severe consequences” employeesmay face as a result of the change.
In anticipation of the need to makeadjustments to the calendar due tounplanned school closures, many
ON TARGET • Page 6
LEGALCORNER
by Maria M. Lepore, NJASA Chief Association Counsel
The Unrelenting 2010-11 Winter Will PlayHavoc with the School Calendar
Jack McDermottVice President, Employee Benefits Division
711 East Main Street Moorestown, NJ 08057856.222.0600, ext 1027 F: 856.222.0588E: [email protected] www.advisorsbb.com
Gary W. GoldfarbVice President, Employee Benefits Division
1129 Broad Street, Suite 101 Shrewsbury, NJ 07702732.389.1425, ext 13 Toll Free: 800.811.4122 F: 732.389.1461E: [email protected] www.advisorsbb.com
continued on page 11
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At the heart of every good curriculardecision, there are children. Their ulti-mate success serves as the core of ourmission statements; and as 2010-11budgets were debated, were the focus ofso much thought, energy and angstthroughout our communities. Asschool leaders, we are charged with pro-viding both academic support servicesand enrichment opportunities for stu-dents. This year though, with a twist –we are to do so during a sustained peri-od of limited resources and unchangedexpectations. Board members and par-ents may understand intellectually thatbudget reductions were severe; that pro-grams, services and staff were eliminat-ed. But emotionally, most are not thereyet. They drop their kids off at thesame schools and expect nothing lessthan the same or im proved outcomes.Such is the case in Haddon Township,our own school district.
Reallocation has long been the norm.Pull-out programs represented by BasicSkills and Gifted and Talented teacherswere eliminated ten years ago in favorof dramatically reduced class sizes.Only one, Reading Recovery, was neverconsidered for reallocation, let aloneelimination. While expensive to main-tain, its results in terms of helping
struggling readers become successfulwere undisputed. So, when the budgetwe faced for 2010-11 clearly requiredthis very program and positions beeliminated, we were left with a com-pelling challenge. Remaining true tothe ideal that children needed toremain the “winners” in the face ofsuch a tremendous loss, spurred us tothink in a new and powerful wayabout how we might meet the needs ofthose who struggle, as well those whorequire enrichment.
In turning to current research, andsharing our concerns with colleague dis-tricts, we found much to work with in aRe sponse to Intervention model, interms of how we might effectively uti-lize a broad spectrum of assessmentspinpointing the exact educational needsof individual students, as well as howwe might differentiate the instructiondelivered so as to meet those needs.Teaching to the “middle” (and hopingthat those who fell out of that realmwould somehow be OK) was simplyunacceptable if we were to keep stu-dents at the heart of this new model.
So it was that Intervention and En -richment (I & E, as we call it) evolved.Implementation required us to re-think,identify and reallocate time within thecontractual school day. We no longercould rely on Extended Day, for exam-ple, to meet the needs of struggling stu-dents as that program too was eliminat-ed. Teacher-lead physical educationclasses, formally a part of the instruc-tional day, were eliminated in favor ofmore structured play as a part of the
ON TARGET • Page 8
Intervention and Enrichment
lunch-recess period. The I & E programruns in each elementary school. All stu-dents in grades one to five participate,regardless of classification. Classroomteachers place students in groups basedon need as established from variousassessment data. Assess ments may belocal, state or national. Measurable goalsare established and tracked over thecourse of each Inter vention andEnrichment cycle. Cycles of studyencompass math, writing and reading; aswell as gross motor, fine motor, relatedarts, technology and social skills. The I& E program runs three times a weekfor a maximum of thirty minutes.
Instruction takes place in small groupsbased on student need (Intervention) or student motivation (Enrichment).All children experience a variety ofgrouping and activities, with no studentplaced in remediation “perpetually.”Students have the opportunity to participate in at least some enrichmentactivities. Measurable goals for achieve-ment are established so that entry andexit from the group is easily document-ed. Cycles are short, and target veryspecific, easily identifiable skill sets.The actual length of time spent in acycle is determined by those teachersinvolved and is dependent upon theinstructional goal that has been set.Teachers in a building work in pairs orteams of 3-4; each with a self-assignedrole to provide remedial or enrichmentinstruction to students that may or maynot be in their “homeroom.” Collegialplanning time through monthly meet-ings and in-services are established andscheduled to ensure ample time toreview assessments, plan for instruction,and discuss progress made.
The loss of the way things were remainsvery real. But the promise of thismodel, which actually has the potentialto impact more students, represents the best way to provide the expectedservices beyond traditional resources;and meets our objective of keeping children at the heart of each and everycurricular decision.
CURRICULUMCORNER
by Mark J. Raivetz, Ed.D., Superintendent, Haddon Township Public Schools andElizabeth W. Mennig, Supervisor of Teaching and Learning, Haddon Township Public Schools
ON TARGET • Page 9
F INANCIALCORNER
by Mort Reinhart, NJASA Pension Consultant
WhetherYou Like Itor Not,
Retirement IncomeIs Taxable
It is the retiree question whose answermakes the voices in a pre-retirement coun-seling session turn from normal modula-tion into higher pitched, sarcastic whines.
The question, “Is the pension taxable?”The answer, “Yes!”Having now crossed the line into sacredterritory, the questioner listens intentlyto the next statement, expecting andreceiving the worst, “And so is yourSocial Security.”
Oh well, as the old saying goes, thereare two things in life that are certain,one of which is the requirement to paytaxes…and that means whether you areworking or you are retired! (The othercertainty in that phrase is not a subjectof this column.)
And, if having to pay taxes isn’t badenough, the fact that the federal govern-ment and the State of New Jersey use dif-ferent methods in arriving at the taxabilityof retirement income, just adds to theunhappiness of retirees.
Like it or not, New Jersey retirees arerequired to pay federal income tax onpension income, assuming one’s retire-ment income is large enough to betaxed.
State income tax is also required ofthose who continue to reside in NewJersey after retiring. Retirees living out-side New Jersey, on the other hand, are notrequired to pay New Jersey state income taxon their New Jersey pensions. (They may,however, be subject to income tax in thestate in which they reside.)
Social Security may be subject to federaltaxation, depending upon the adjustedgross income of the individual or couple.Social Security, however, is not consid-ered taxable income under the NewJersey Gross Income Tax.
Clearly, then, retirees must be prepared topay income tax(es) on their pensions ateither one level of jurisdiction (federal) ortwo levels (federal and state).
To begin to understand the tax require-ments in retirement, the retiree mustreview an item sent by the Division ofPension and Benefits at, or shortly after,retirement. This statement contains infor-mation about the retiree’s choice of eitherthe Maximum benefit or an optionalchoice, the name of the option beneficiary(if there is one), the amount of life insur-ance the retiree will have after retirementand the amount of contributions made by theretiree during the individual’s active career.
The contribution information on thestatement is divided into two numbers:one represents contributions that weretaxed before they were contributed to theretirement system (pre-1987 contributionsand any contributions made for the pur-chase of prior service); the other numberrepresents contributions that were nottaxed before they were contributed to theretirement system (regular contributionssince January 1, 1987, whose taxabilitystatus is established by Section 414h of theInternal Revenue Code). In virtually allcases, the second number is larger than thefirst one. Contributions already taxed bythe federal and state governments (pre-1987 contributions and contributionsmade for the purchase of prior service)will not be taxed again in retirement.The trick, however, is to know whatalready has been taxed and what has notbeen taxed and the manner in which thealready taxed dollars will be treated by eachgovernmental entity after retirement.
The reason for all this manipulation wasthe 1986 Tax Reform Act, which changedthe method of viewing already taxed pen-sion contributions. Prior to that legislation,all contributions that had been taxed priorto retirement were recaptured by retirees
during the first year or two of retirement,and retirees did not have to pay federal orstate income tax until all the contributionshad been recaptured. This was called theThree-Year Rule, because no taxes weredue upon the already taxed contributionsas long as those contributions were recap-tured within three years of retirement.(Taxes became due, however, as soon as thealready taxed contributions were exhausted,even if it took only one year.) If it tooklonger than three years to recapture thecontributions, another method was used.
The 1986 legislation eliminated theThree-Year Rule at the federal level.
It did not eliminate it at the state level.
Further, in 1987, the State of New Jersey,using the Internal Revenue Code Section414h, made regular pension contributionsby all New Jersey public employeesPRE-TAX dollars for federal income taxpurposes, but not state income tax pur-poses. Thus, regular pension contribu-tions to the retirement system made since1987 have been taxed by New Jersey, butnot by the federal government.
The result of these changes in taxability ofcontributions has led to a mess for retirees:• Most of the pension check is subjectto federal income tax, starting withthe first pension check.
• A minuscule PART OF EACH PEN-SION CHECK is not subject to feder-al income tax. In most cases, 90% to96% of each retirement check IS sub-ject to federal tax. That is because thefederal government, having eliminatedthe Three-Year Rule, instituted a methodof allowing the retiree to recapture thealready taxed dollars over the retiree’santicipated life span, which is calculated tobe between ages 82 and 87 by the InternalRev enue Service. (The exact age is deter-mined by a federal chart which uses yourage at retirement and a life span for thatage.) continued on page 10
The calculation of the non-taxable pension for federal incometax purposes is made by the Division of Pension and Benefitseach year during the retiree’s life. At the end of each year, theretiree receives a form 1099-R from the Division which showstwo amounts: (a) the gross pension paid during the year and (b)the taxable pension (for federal purposes). The differencebetween the two is the non-taxable federal amount for that year.The yearly non-taxable amount is fixed until the retiree reachesthe anticipated life span calculated using the federal chart. Afterthat age, the entire pension is subject to federal tax.
One further point regarding contributions relates to a retireedying before fully recapturing the already taxed dollars. In thatcase, the estate of the retiree can deduct all the remaining taxeddollars on the income tax filing (federal and state) that must bemade by the estate for the year of the retiree’s death.
The State of New Jersey, on the other hand, still utilizing theThree-Year Rule, does not tax pensions of retirees still livingin New Jersey until all the contributions made by the retireeduring his/her educational career have been recaptured (as
long as the total contributions are recaptured within the first threeyears of retirement) since the State has been taxing the entiresalary, including the pension contribution money, all along.(Most retirees recapture all their contributions in the firsttwelve-to-eighteen months of retirement.) After all contribu-tions have been recaptured, the retiree pays state income taxon the entire pension.
New Jersey law, however, provides an exclusion of some of a retiree’spension for retirees age 62 or older, if their New Jersey AdjustedGross Income (AGI) is less than $50,000 (Single filers) or$100,000 (Household filers). (This exclusion applies to allretirees living in New Jersey, not just public employees.) In2011, a single retiree meeting the age requirement will be ableto exclude $15,000 of retirement income from New Jerseyincome taxation. A couple (household) filing a joint return willbe able to exclude $20,000 from New Jersey taxation, while amarried couple filing separately will be able to exclude $10,000each. These are the same amounts used in 2010.
It should be noted that RETIREES LIVING OUTSIDEOF NEW JERSEY are not subject to New Jersey StateIncome Tax on their pensions.
Finally, let us look at the methods of paying taxes after retire-ment, whether those taxes are to be paid to the federal govern-ment only or to both the federal government and to New Jersey.Both entities require that taxes be paid throughout the year,either through quarterly estimated payments or through month-ly withholdings from the pension check. The choice is left tothe individual, and the method chosen need not be the same forboth jurisdictions. (If monthly withholdings is the choice of theretiree, the Division of Pension and Benefits will withhold taxesfor both governmental bodies or for either one.)
Lawsuitcontinued from page 1
ON TARGET • Page 10
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Financial Cornercontinued from page 9
ure and refusal to approve superintendent contracts, violatesexisting legislation and the New Jersey Constitution.”
He added, “We believe that the Acting Com mis sioner hasexceeded the authority granted to her by the Legislature, and has thereby violated the New Jersey Constitution, inattempting to promulgate regulations which seek to cap andreduce superintendent salaries. We have asked the Court to declare that the acts of the Acting Com mis sioner and the Executive County Superintendent are illegal and toenjoin the Acting Commissioner from interfering with theExecutive County Super intendents’ review and approval ofsuperintendent contracts. We have also asked the Court toorder the Executive County Superintendent in Morris
County to immediately review the contracts of the namedplaintiffs, in accordance with regulations that currentlyexist.” NJASA has asked for the court to hear this matterquickly.
As previously reported in On Target, NJASA did file amotion to participate as Amicus Curiae in the SuperiorCourt, Appellate Division, in the matter filed by theParsippany Board of Action, challenging the actions of theExecutive County Superintendent (“ECS”) for MorrisCounty and the Acting Commissioner of Education in theECS’s failure and refusal to approve the superintendent’s contract. NJASA has since been granted permission to participate as an Amicus in this suit.
ON TARGET • Page 11
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Legal Cornercontinued from page 6
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school districts now designate contingency dates in whichschool will be held, and days off will be cancelled, in the eventall snow days have been exhausted. In the event that a districtdid not set aside any contingency days on its calendar, thenprior to asking teaching staff members to work during a pub-lic holiday, or to change their vacation plans, administratorsshould review the collective negotiations agreements togetherwith the board attorney or labor counsel. Only after a thor-ough review of the applicable negotiated agreements canadministrators chart the best course in having their districtsmake up the unplanned absences.
Footnotes1Effective November 1, 2008, N.J.S.A. 36:1-1 was amended toprovide that Lincoln’s Birthday should no longer be considered apublic holiday for purposes of conducting State business. Itremains to be seen whether Lincoln’s Birthday will remain a holi-day for the purpose of conducting school district business. 2Rumson-Fair Haven Educ. Assoc. v. Board of Educ. of theRumson-Fair Haven Reg. H.S. Dist., 1984 S.L.D. 166. 3Penns Grove-Carneys Point Educ. Ass’n v. Board of Educ. ofPenns Grove-Carneys Point Regional School Dist., Salem County,209 N.J.Super. 115 (App. Div. 1986).4Dohm v. Bd. of Educ. of West Milford, 1983 S.L.D. 13;Middletown Township Educ. Assoc. v. Middletown Twp. Bd. ofEduc., C. #182-87 (July 14, 1987).5Piscataway Twp. Educ. Assoc. v. Piscataway Twp. Bd. of Educ.,307 N.J. Super. 263 (App. Div. 1998), certif. denied 156 N.J. 385(1998), on remand PERC #99-39, 24 NJPER 520 (¶29242October 27, 1998).
Michael A. Davino, Super -intendent, Springfield PublicSchools, Union County, is one ofthe nation’s top ten superintend-ents identified for their outstand-ing leadership and vision in usingtechnology to advance their dis-tricts’ educational goals. Theaward, sponsored by SMART
Tech nologies Inc., RM Edu ca tional Software, JDLHorizons, and K12 Inc., recognized Davino at the AASAannual conference on Feb. 17th.
Springfield’s technology plan has been used as a tem-plate by NJDOE, and recently the district accepted afirst-place award from the Center for Digital Education’sNational Digital School Districts Survey.
Davino Receives 2011 Tech-SavvySuperintendent Award
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NJASA On Target is published as an information service by the New JerseyAssociation of School Administrators. The publication is sent to Association membersas part of their annual membership dues. It is available to nonmembers at a subscriptionrate of $24 per year.
2010-2011 NJASA OfficersPresident ……………………………………Judith Ann RattnerPresident-Elect …………………………Andrew Rinko, Ed.D.Secretary …………………………Donna B. Van Horn, Ed.D.Treasurer ……………………………Gary P. McCartney, Ed.D.Past-President …………………………………Douglas B. Groff
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NJASA Executive Director ……………Richard G. Bozza, Ed.D.Editor ………………………………………Anne H. Gallagher
