Procedural Error Leaves Repeal Of Policy 5756 In Limbo

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Edison, NJ – Tuesday afternoon Superintendent Dr. Edward Aldarelli issued the following statement regarding the boards vote to repeal policy 5756. “On September 30, 2024, the Edison Board of Education passed a resolution to abolish Policy 5756. In accordance with Board of Education policy, any policy adoption, revision, or abolishment requires two readings and approval by the Board of Education. It cannot be abolished until it is voted on again at a subsequent Board of Education meeting, and therefore, it continues to remain in effect.”

“As Superintendent, I am both committed and required to adhere to all New Jersey state laws regarding anti-discrimination including the New Jersey Law Against Discrimination (NJLAD). I will continue to ensure that all students in Edison Township Public Schools are served fairly and in accordance with the law. We are currently discussing this matter with the Board of Education attorneys, and I will keep the community informed of further developments.”

The attorney advising the Board of Education on repealing Policy 5756 failed to provide crucial legal guidance at the September 30th meeting. They did not inform the Board about the mandatory public comment or the requirement of two separate votes for a valid repeal, potentially jeopardizing the legality of the Board’s actions.

Board President Biral Patel issued the following statement shortly after Dr. Aldarelli. “As stated by Superintendent Dr. Aldarelli in his message to the community, Policy 5756 has not been abolished. At the last Board meeting, a motion was made from the floor (meaning it was not on the agenda) to abolish the Policy. The Board at that time followed the attorney’s advice who was present in the meeting concerning the process for handling that motion that came from the floor and a vote was taken by the Board to approve the motion. 

 According to our Board bylaws, a policy can only be officially abolished at a subsequent meeting of the Board after approval at a previous meeting. In other words, it takes two votes of the board at two separate meetings in order to abolish a policy. Therefore, Policy 5756 has not been abolished and is in full force and effect.  We want to ensure a complete and correct process is followed and full transparency is maintained in any further Board action that is taken with respect to this. 

In furtherance of ensuring a proper process is followed with our examination of this Policy, I believe the Board must perform a thorough review of the pros and cons of this Policy before having a final discussion on it.   

We have enormous faith in Superintendent Dr. Aldarelli to guide our District and under his leadership we are striving to ensure Board members make the right decisions for students, parents, staff members and the entire Edison Township Community”

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