Bayonne city and school officials will likely seek bids for a uniform provider to meet the mandate of school uniforms set for next school year.
An apparent loophole in state contracting laws had previously allowed school districts to steer millions of dollars to private vendors without the required bid.
Because school districts are not making direct purchase of school uniforms, they apparently do not fall under the same statutory requirements to seek bids or even get quotes from vendors to make certain parents of schoolchildren get the best price or prevent officials from steering business to friends, relatives or political contributors.
Two years ago, state legislators gave school districts the right to mandate the wearing of school uniforms, leaving schools the option as to whether or not to make the policy mandatory. But not contained in the law was any provision that would require school districts to seek bids for the services, despite the fact that students can be suspended or punished in other ways for failure to comply.
Of the approximately 20 school districts that have adopted uniform policies in New Jersey, two districts – Union City and West New York – currently have such regulations in place. Jersey City is considering adopting the policy. Bayonne is also seeking to implement the program. In Bayonne, the total tab to parents could generate more than $1 million in business for the as yet unnamed vendor.
While West New York – like private schools in Staten Island – allows parents to purchase uniforms from alternate vendors, Union City and the proposed Bayonne programs require parents to make the purchase from the selected vendor.
Bayonne Schools Superintendent Dr. Patricia McGeehan said the single-vendor purchase is designed to provide consistency among all students. Whereas West New York allows variation in the uniform, Union City and the proposed uniform for Bayonne – would require the same uniform be worn in all the schools throughout their districts.
Exempt from bidding laws
The situation came to light after several residents raised concerns to the Hudson Reporter about the lack of choice in uniform suppliers. Several parents have raised concerns over the purchase of school uniforms that is being proposed by the school district in Bayonne.
Apparently Union City and Bayonne claim they do not have to go through the bidding process for school uniforms since parents are paying for the uniforms, not the school district.
Stanley Sanger, superintendent of Union City Schools, said Union City did not have to bid because the schools aren’t paying for the uniforms, the parents are.
This is a statement echoed by officials in Bayonne as well as David Rubin, a Metuchen attorney, who represents numerous school districts throughout the state.
Rubin said the state law passed several years ago is ambiguous in some regards, but said that bidding laws govern public funds, not what parents pay.
Rubin compared school uniform purchases to the purchase of yearbooks and class rings, which are often also assigned to particular vendors by the schools – although Rubin admitted students are not likely to be suspended from class or punished in some other way for not buying a yearbook or a school ring.
Yet in Union City and Bayonne, students would suffer if they choose not to buy the uniform from a vendor selected by the school district. While grades and classes could not be jeopardized under the uniform policy in Bayonne, students who refuse to wear a uniform would be prohibited from taking part in extracurricular activities.
In Union City, school officials eased into their program in 2005, but threatened to eventually send home students who did not comply with the uniform policies, a clear violation of the voluntary aspect of the state law.
“The recourse the public has to deal with unpopular and unwise decisions is the ballot box,” Rubin said, though in both Bayonne and Union City, boards of education are appointed.
Although state law does allow school districts to give parents the option to not participate, school districts can penalize students for not participating.
The spirit of the law might be broken
But because parents in Union City and soon Bayonne, must purchase the uniforms from a single vendor as part of a school uniform requirement to attend schools in those municipalities, some believe school districts must prove in some way that they have sought the best possible price and have not simply steered business to politically connected or personal friends.
“This is a violation of the spirit of the contracts law if not the letter,” said former Hoboken School Board President Michael Lenz.
While school districts are not directly doing business with the company, they are bound by law to show they made a reasonable effort to contain the cost of uniforms, such as seeking proposals from a number of vendors.
“This means sending out written requests to various providers, showing proof that you have made the request, even if you don’t get a response or the vendor is not interested,” said Jersey City Freeholder Bill O’Dea, who also heads the Economic Development Department in Elizabeth.
The law leaves options
New Jersey School Boards Association said the state Legislature gave school districts the option to implement uniform codes, giving the board the choice as to whether or not uniform code is mandatory.
“A board of education may adopt a dress code policy to require that students wear a school uniform if the policy is requested by the principal, staff and parents of an individual school and if the board determines that the policy will enhance the school learning environment,” state law says. “Any policy adopted which requires the wearing of a uniform shall include a provision to assist economically disadvantaged students. The board shall hold a public hearing prior to the adoption of the policy and shall not implement the policy with less than three months’ notice to the parents or guardians of the students. The specific uniform selected shall be determined by the principal, staff, and parents of the individual school.”
Rubin said this last sentence of the law seems to indicate that parents have a role in the selection process, and must be consulted in the decision making process.
Frank Belluscio, director of communications for New Jersey School Boards Association, said state law allows school districts to provide options to uniform school requirements.
“Upon reading the statute, I found that the ‘opt out’ provision is permitted but not required,” Belluscio said. “Approximately 15 – 20 school boards have established uniform programs for some of their schools. Most have had opt-out provisions.”
West New York gives parents a break
Not all school districts with a uniform policy limit parent purchases to a single vendor.
West New York Superintendent Anthony Yankovich said parents are allowed to go to any vendor and get the uniform, which would be the shirt in the school’s particular color and any dark blue or khaki pant, short, skirt, etc., while in Union City and Bayonne the uniform is universal throughout the district.
“We don’t have anything to do with that,” Yankovich said. “We don’t buy the uniforms from the vendor so we don’t have to go through any kind of bidding. You can walk into any one [vendor].”
According to Yankovich, there are about three to four different vendors that have met with the parent teacher organization and have offered their services for the uniforms. “The parents can go anywhere they want; we are not promoting a vendor. No vendor has signed any contract with the Board of Education. There are some vendors that have taken it upon themselves to stock up on the shirts. They have met with the PTO,” he said. “We left it as an open market, so to speak.”
West New York doesn’t punish students for lack of uniform.
“We try to help them out as much as possible; give them a time frame [to get the uniform]. There are procedures that are followed [if a child is not in uniform],” Yankovich said. “The parents would be called and asked for their cooperation and we usually don’t have any problems beyond that.”
A Bayonne survey said parents wanted uniforms
Dr. Patricia McGeehan, schools superintendent in Bayonne, said the uniform policy is being pursued in order to get out from under the competitive dressing up that takes place in the school. By requiring each student to wear a uniform, the district frees students from feeling the need to keep up with the latest fashions, and also assures students will be neatly and appropriately dressed
Earlier this year, parents throughout Bayonne school district received a survey asking if they would like to see a uniform policy set in place. Most agreed. School officials have been touring the various parent teacher organizations showing the proposed uniform. Some parents, however, raised concerned about the $117 per student initial fee they would have to pay, asking for less expensive alternatives.
Dr. McGeehan, however, said reception at the various PTO meetings seemed positive when she presented the package. The school board will discuss the matter at its June 19 meeting.
q Al Sullivan can be reached at asullivan@hudsonreporter.com Jessica Rosero can be reached at jrosero@hudsonreporter.com