New Jersey § 18a:11-12

§ 18a:11-12.

a. As used in this section: (1) “ Travel expenditures ” means those costs paid by the school district using local, State, or federal funds,

whether directly by the school district or by employee reimbursement, for travel by

school district employees and district board of education members, to the following

four types of travel events: (a) “ training and seminars ” which means all regularly scheduled, formal residential or non-residential training

functions, conducted at a hotel, motel, convention center, residential facility, or

at any educational institution or facility; (b) “ conventions and conferences ” which means general programs, sponsored by professional associations on a regular

basis, which address subjects of particular interest to a school district or are convened

to conduct association business. The primary purpose of employee attendance at conferences and conventions is the

development of new skills and knowledge or the reinforcement of those skills and knowledge

in a particular field related to school district operations. These are distinct from formal staff training and seminars, although some training

may take place at such events; (c) “ regular school district business ” which means all regular official business travel, including attendance at meetings,

conferences and any other gatherings which are not covered by the definitions included

in subparagraphs (a) and (b) of this paragraph; (d) “ retreats ” which mean meetings with school district employees and school board members, held

away from the normal work environment at which organizational goals and objectives

are discussed. If available, school district facilities shall be utilized for this type of event. (2) School district travel expenditures include, but are not limited to, all costs

for transportation, meals, lodging, and registration or conference fees to and for

the travel event. (3) School district travel expenditures include costs for all required training and

all travel authorized in existing school district employee contracts and school board

policies. This includes, but is not limited to, required professional development and other

staff training, required training for new school board members, and attendance at

specific conferences authorized in existing employee contracts. (4) A school district shall not bear costs for car rentals, limousine services, and

chauffeuring costs to or during the event, as well as costs for employee attendance

for coordinating other attendees' accommodations at the travel event. b. A board of education shall implement a policy and procedures pertaining to travel

expenditures for its employees and school board members that are in accordance with

the provisions of this section. c. A board of education shall ensure through its policy and procedures that all travel

by its employees and board members is educationally necessary and fiscally prudent,

and shall include the requirement that all school district travel expenditures are: (1) directly related to and within the scope of the employee's or board member's current

responsibilities and, for school district employees, the school district's professional

development plan; (2) for travel that is critical to the instructional needs of the school district

or furthers the efficient operation of the school district; and (3) in compliance with State travel payment guidelines as established by the Department

of the Treasury and with guidelines established by the federal Office of Management

and Budget; except that those guidelines that conflict with the provisions of Title

18A of the New Jersey Statutes shall not be applicable, including, but not limited

to, the authority to issue travel charge cards. The board of education shall specify in its travel policy the applicable restrictions

and requirements set forth in the State and federal guidelines including, but not

limited to, types of travel, methods of transportation, mileage allowance, subsistence

allowance, and submission of supporting documentation including receipts, checks or

vouchers. d. A board of education shall include in its travel policy a requirement for the employee

or board member to submit to an appropriate party as designated, and within a timeframe

specified by the board's policy, a brief report that includes the primary purpose

for the travel and the key issues that were addressed at the event and their relevance

to improving instruction or the operation of the school district. e. A board of education shall require in its travel policy that detailed documentation

be maintained on file in the school district which demonstrates compliance with the

school board's travel policy including travel approvals, reports, and receipts for

all school district funded expenditures, as appropriate. f. For employees, a board of education shall require in its policy that travel occur

only upon prior written approval of the chief school administrator and prior approval

by a majority of the full voting membership of the board. For regular business travel only, a school board may authorize in its travel policy

an annual maximum amount per employee for regular business travel for which school

board approval is not required. g. For board members, a board of education shall require in its policy that travel

occur only upon prior approval by a majority of the full voting membership of the

board and that the travel be in compliance with section 4 of P.L.1991, c. 393 ( C.18A:12-24 ) and section 5 of P.L.2001, c. 178 ( C.18A:12-24.1 ). h. A school board may also approve, at any time prior to the event, travel for multiple

months as long as the school board approval, as detailed in school board minutes,

itemizes the approval by event, total cost, and number of employees and school board

members attending the event. General or blanket pre-approval for travel is not authorized. Approval shall be itemized by event, event total cost, and number of employees and

school board members attending the event. i. A board of education shall state in its policy that travel payments will be paid

only upon compliance with this section and the school board's policy provisions and

approval requirements. The policy shall state that the school board will not ratify or approve payments

or reimbursements for travel after completion of the travel event. j. An employee of the school board, a school board member, or organization, shall

not receive an amount for travel and travel-related expenses in advance of the travel

pursuant to N.J.S.18A:19-1 et seq. k. A board of education shall require in its policy that a board member recuse himself

from voting on travel if the board member, a member of his immediate family, or a

business organization in which he has an interest, has a direct or indirect financial

involvement that may reasonably be expected to impair his objectivity or independence

of judgment. l . A board of education shall require in its policy that a board member shall not:

act in his official capacity in any matter in which he or a member of his immediate

family has a personal involvement that is or creates some benefit to the school official

or member of his immediate family; or undertake any employment or service, whether

compensated or not, which may reasonably be expected to prejudice his independence

of judgment in the execution of his official duties. m. A board of education may, in its policy, exclude from the requirements of prior

school board approval pursuant to subsection f. of this section any travel caused

by or subject to contractual provisions, other statutory requirements, or federal

regulatory requirements. The school board may not exclude such travel from the subsistence requirements pursuant

to subsections n. and o . of this section and the annual maximum travel expenditure amount pursuant to subsection

p. of this section. n. A board of education shall provide in its policy that one-day trips that do not

involve overnight lodging are not eligible for a subsistence payment or reimbursement

except in limited circumstances authorized in Department of the Treasury guidelines. o . A board of education shall provide in its policy that overnight travel is eligible

for a subsistence payment or reimbursement as authorized in Department of the Treasury

guidelines, except as otherwise superseded by the following: (1) per diem payment or reimbursement for lodging and meals will be actual reasonable

costs, not to exceed the federal per diem rates as established in the federal register

for the current year; (2) lodging expenses may exceed the federal per diem rates if the hotel is the site

of the convention, conference, seminar or meeting and the going rate of the hotel

is in excess of the federal per diem rates. If the hotel at the site of the convention, conference, seminar, or meeting is no

longer available, lodging may be paid for similar accommodations at a rate not to

exceed the hotel rate for the event; (3) receipts are required for hotel expenses. Meal expenses under the federal per diem allowance limits do not require receipts; (4) in any case in which the total per diem reimbursement is greater than the federal

per diem rate, except as stated in paragraph (2) of this subsection, the costs will

be considered to be excessive and shall not be paid by school district funds; (5) school districts shall patronize hotels and motels that offer special rates to

government employees unless alternative lodging offers greater cost benefits; and (6) payment or reimbursement is approved for the full cost of an official convention

meal that the employee or school board member attends, when the meal is scheduled

as an integral part of the convention or conference proceedings. If a meal is included in the registration fee, the allowance for the meal is not

eligible for reimbursement. p. Annually in the prebudget year, each district board of education shall establish

by school board resolution, a maximum travel expenditure amount for the budget year,

which the school district shall not exceed in that budget year. The school board resolution shall also include the maximum amount established for

the prebudget year and the amount spent to date. (1) The maximum school district travel expenditure amount shall include all travel

in accordance with this section supported by local and State funds. (2) A district board of education may elect to exclude travel expenditures to be supported

by federal funds in the maximum travel expenditure amount. If federal funds are excluded from the established maximum school district travel

expenditure amount, the board of education shall include in the board resolution,

the total amount of travel supported by federal funds from the prior year, prebudget

year, and projected for the budget year. q. Each district board of education shall maintain separate accounting for school

district travel expenditures as necessary, to ensure compliance with the school district's

maximum travel expenditure amount. This may include, but need not be limited to, a separate or offline accounting of

such expenditures or expanding the school district's accounting system. The tracking system shall be sufficient to demonstrate compliance with the board's

policy and this section, and shall provide auditable information. r. Any district board of education that violates its established maximum travel expenditure

as set forth in subsection p. of this section, or that otherwise is not in compliance

with the travel limitations set forth in this section may be subject to sanctions

by the commissioner as authorized pursuant to N.J.S.18A:4-23 and N.J.S.18A:4-24 , including reduction of State aid in an amount equal to any excess expenditure. s. A person who approves any travel in violation of the school district's policy or

this section shall be required to reimburse the school district in an amount equal

to three times the cost associated with attending the event. An employee or member of the board of education who travels in violation of the school

district's policy or this section shall be required to reimburse the school district

in an amount equal to three times the cost associated with attending the event. t. The provisions of this section shall apply to the boards of trustees and employees

of charter schools.