DOE Affirms Boards Are Responsible for Instruction

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In its October 2025 Notice of Adoption, the State Board provided an official response to public comment that includes guidance driving home a point we have been making this week and since forever….

“District boards of education are legally responsible for ensuring that curriculum and instruction are both designed and delivered so all students can demonstrate the knowledge and skills required by the New Jersey Student Learning Standards (NJSLS).”

In case you missed it…

“District boards of education are legally responsible for ensuring that curriculum and instruction are both designed and delivered……”

This sentence is printed directly in the DOE’s adoption record and reflects the Department’s formal interpretation of the law which is more an affirmation of it’s standing position and just common sense.

The DOE made three points clear –

Boards are legally responsible for curriculum.
Boards are legally responsible for instructional delivery.
Boards must ensure students can meet the NJSLS.

Clear policy on instruction is not “micromanagement” or “getting in the weeds.

You know, none of this should be controversial….but we are talking about Berkeley Heights.

Anyway, back to the point …

BOE’s are elected bodies and are the public’s voice.

Outside the …um…unusual circumstances of Berkeley Heights, this role is widely understood.

There are districts in New Jersey where BOE’s set parameters for homework time, grading timelines, instructional minutes, tutoring access and strategic-plan objectives.

Many Boards also adopted COVID policies and Affirmative Action plans that explicitly guide classroom instruction, curriculum access, and equity goals.

So if a BOE wants to standardize testing frequency, implement a percentage requirement on direct instruction, approve a tutoring policy or mandate a district goal on proficiency targets in the strategic plan – it can because its their job.

This affirmation from the DOE doesn’t minimize the Superintendent’s role-it remains responsible for the day-to-day supervision of schools (staffing, operations, implementing Board policy) – as designed.

When both roles function as the law intends, the district benefits from clear policy direction, effective implementation and a structure that supports students rather than obscuring accountability.

It is my hope that this article, along with the two prior articles, clears up the rampant misinformation that occurs on politically vetted and controlled local social media groups.

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