SENATE, No. 3757

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED MAY 16, 2019

 


 

Sponsored by:

Senator  BOB SMITH

District 17 (Middlesex and Somerset)

Senator  STEVEN V. OROHO

District 24 (Morris, Sussex and Warren)

Senator  STEPHEN M. SWEENEY

District 3 (Cumberland, Gloucester and Salem)

 

 

 

 

SYNOPSIS

     Establishes pilot program in DOE for organization of county administrative school districts.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act establishing a pilot program in the Department of Education for the governance and operation of county administrative school districts and supplementing Title 18A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    As used in this act:

     “Board” means the board of education of the county administrative school district;

     “Chief school administrator” means the chief school administrator of the county administrative school district;

     “Eligible county” means a county of the second, third, fourth, fifth, or sixth class that has fewer than two SDA districts located in the county.

 

     2.    The Commissioner of Education shall establish a 10-year pilot program to organize county administrative school districts in five counties selected for participation pursuant to section 5 of this act.  The goal of the pilot program shall be to evaluate the administrative and educational effectiveness of the county school district model in New Jersey.

 

     3.    Within nine months following the effective date of this act, the commissioner shall submit to the county board of chosen freeholders and executive county superintendent of schools in each eligible county a report that includes the following information:

     a.     a description of the application process;

     b.    a description of a county’s responsibilities under the pilot program, including information on the study requirements established by the commissioner pursuant to subsection a. of section 26 of this act;

     c.     the commissioner’s general assessment of the advantages and disadvantages of participation in the pilot program, including an assessment of additional costs;

     d.    a model procedure for the transition to a county administrative school district; and

     e.     a model procedure for the transition of a county administrative school district to the system of locally-operated school districts in place prior to the establishment of the county administrative school district.

 

     4.    The board of chosen freeholders of an eligible county may apply for participation in the pilot program by adopting a resolution, with the concurrence of the executive county superintendent of schools, and completing the application procedure prescribed by the commissioner pursuant to section 5 of this act.

      5.   a. The commissioner shall establish an application procedure for the pilot program.  The procedure shall, at a minimum, require the board of chosen freeholders of an applicant county to submit the following information:

     (1)   a copy of the resolution adopted by the board of chosen freeholders in accordance with section 4 of this act;

     (2)   a letter from the executive county superintendent of schools stating concurrence with the resolution;

     (3)   current data on comparative administrative spending by the school districts in the county; and

     (4)   a statement describing the savings and efficiencies that the board of chosen freeholders believes would result from the establishment of a county administrative school district in the county.

      b.   The commissioner shall select five counties from among the applicants for participation in the pilot program.

      c.    The commissioner shall, within nine months following the selection of a county to participate in the pilot program, develop a plan for the transition of the locally-operated school districts in the county to a county administrative school district.  The transition plan shall include, but need not be limited to, the following: a schedule for harmonizing contracts; the migration of administrative systems to the county level; an assessment of the likelihood of additional capital expenses as a result of the pilot program; an examination of current debt service obligations by the local districts; an assessment of school population and facilities, with particular attention to facilities that are deemed to be overcrowded; an assessment of pending litigation affecting the local districts within the county; and other issues the commissioner deems relevant.

      d.   Final acceptance for participation in the pilot program shall be contingent upon the adoption of the transition plan by resolution of the county board of chosen freeholders.  If the board of chosen freeholders of the county selected for participation in the pilot program does not adopt the transition plan, the commissioner may select another eligible county that has applied for participation pursuant to section 4 of this act.  

 

      6.   Notwithstanding any provision of law or regulation to the contrary, the public schools in the pilot county shall, within 90 days of the adoption of the transition plan by the board of chosen freeholders pursuant to subsection d. of section 5 of this act, but not prior to July 1, 2021, and until the expiration of this act be governed by the provisions of this act relating to the establishment and maintenance of a county administrative school district.

 

      7.   The public schools in the pilot county shall be conducted by and under the supervision of the board of education of the county administrative school district, which shall be a body corporate and which shall be constituted and governed as provided by this act.    

 

     8.    a. Upon the establishment of the county administrative school district, the boards of education of the public school districts, the board of education of any county vocational school district, and the board of education of any county special services school district may continue to exist in an advisory role.  However, the board of education of a public school district, county vocational school district, or county special services school district may pass a resolution to dissolve itself pursuant to regulations promulgated by the State Board of Education pursuant to section 29 of this act.

     b.    Upon the establishment of the county administrative school district, the position of district superintendent of schools, together with any other local district-level administrative or supervisory personnel positions, shall be abolished.

 

     9.    The board of education of the county administrative school district shall consist of the executive county superintendent of schools and four members appointed by the chief elected executive officer of the county or the director of the board of chosen freeholders, with the advice and consent of the board of chosen freeholders, as appropriate to the appointment procedures established by the form of government of the county.  No more than two members shall be members of the same political party, but no changes for adjustment of party representation shall be made in a board except as vacancies occur.

     In making the first appointments to a board, one person shall be appointed to serve for one year, one for two years, one for three years, and one for four years from November 1 next succeeding the date of their respective appointments.

     Annually during the month of October a member of the board shall be appointed to serve for a term of four years or until the expiration of the pilot program, whichever shall occur first, and thereafter until the appointment and qualification of a respective successor, to take the place of the member whose term or terms shall expire on November 1 then next ensuing.

     Each member of the board shall be a citizen and resident of the county and shall have been a citizen and resident for the three years preceding the member’s appointment to the board.  If a member shall cease to be a resident of the county, membership in the board shall cease.

     Vacancies in the board shall be deemed to exist, and shall be filled, in the manner prescribed in P.L.1979, c.302 (C.40A:9-12.1).

 

     10.  The board of education of the county administrative school district shall organize annually on November 1 by the election of a president and vice-president, unless November 1 falls on Sunday, in which case the board shall organize on the following day.

     If the organization meeting cannot take place on the day hereinabove provided for by reason of a lack of a quorum or for any other reason, the meeting shall be held within 3 days thereafter.

 

     11.  The board of education of the county administrative school district shall be a body corporate and shall be known as and called  "the board of education of the county of          " (here insert the name of the county in which such district shall be  located).

 

     12.  The board of education of the county administrative school district may: 

     a.     Make purchases and enter into contracts for the provision or performance of goods or services;

     b.    Provide or contract for the provision of transportation for all public and nonpublic pupils within the county;

     c.     Purchase, sell, and improve school grounds, erect, purchase, lease, enlarge, improve, and repair school buildings, including any building or buildings for school purposes owned by any municipality in the county, with or without furnishings and equipment, and purchase school furniture and other necessary equipment; 

     d.    Insure school buildings, furniture, and other school property, and receive, lease, and hold in trust any and all real and personal property for the benefit of the school district; 

     e.     Employ and dismiss district supervisors, principals, teachers, janitors, mechanics, and laborers; fix, alter, and order paid their salaries and compensation, and prescribe the course of study to be pursued; 

     f.     Appoint a treasurer, who shall not be a member of the board and fix the treasurer’s salary and term of office.  The treasurer shall give bond in such amounts and with such security as the board shall determine; 

     g.    Make, amend, and repeal rules, not inconsistent with this act, or with the rules of the State board, for its own government, for the transaction of business, and for the government and management of the school and school property under its control; 

     h.    Provide textbooks and other necessary supplies and apparatus; 

     i.     Adopt an official seal by which all its official acts may be authenticated;

     j.     Make an annual report to the commissioner on or before August 1 in the manner and form prescribed by him; 

     k.    Appoint a secretary and fix his salary and term of office; and

     l.     Do all other acts and things that may be necessary for the proper organization and functioning of the public schools of the district during its first year.

      13.    a. The Governor, with the advice and consent of the Senate, shall by contract appoint, for a term of no fewer than three nor more than five years, a chief school administrator for the county administrative school district.

      b.   No person shall be appointed or act as or perform the duties of chief school administrator unless that person holds an appropriate certificate as prescribed by the State board.

      c.    The chief school administrator shall devote himself exclusively to the duties of his office.

      d.   The Governor shall fix the salary of the chief school administrator. 

      e.    At the conclusion of the term of the initial contract or of any subsequent contract as hereinafter provided, the chief school administrator shall be deemed reappointed for another contracted term of the same duration as the previous contract unless either:

     (1)   the Governor, with the advice and consent of the Senate, by contract reappoints him for a different term, which shall be not less than three nor more than five years, in which event reappointments thereafter shall be deemed for the new term unless a different term is again specified; or

     (2)   at least one year prior to the expiration of the first or any subsequent contract the board shall notify the chief school administrator in writing that he will not be reappointed at the end of the current term, in which event his employment shall cease at the expiration of that term.

      f.    The chief school administrator shall not, during the term of his contract, be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming a chief school administrator or other just cause, and then only in the manner prescribed by subarticle B of article 2 of chapter 6 of Title 18A of the New Jersey Statutes. 

 

     14.  The chief school administrator of the county administrative school district shall have general supervision over all aspects, including fiscal operations and instructional programs, of the county administrative school district, under rules and regulations prescribed by the State board.  The chief school administrator shall keep himself informed as to the condition and progress of the schools in the county and report thereon, from time to time, to, and as directed by, the board of education of the county administrative school district.  The chief school administrator, shall have such other powers and perform such additional duties as may be prescribed by the board of education of the county administrative school district. 

 

     15.  The board of education of the county administrative school district shall evaluate, in writing, the performance of the chief school administrator of the county administrative school district at least once a year.  The board shall provide a copy of the evaluation to the chief school administrator and the chief school administrator and the board shall meet to discuss the findings.  The evaluations shall be based upon the goals and objectives of the district, the responsibilities of the chief school administrator and such other criteria as the State board shall by regulation prescribe.  Any contract entered into pursuant to section 13 of this act shall provide for an evaluation pursuant to this section and may provide for additional evaluation criteria or procedures which shall not be inconsistent with the regulations of the State board. 

 

     16.  The board of education of the county administrative school district shall appoint a district supervisor for each municipality in the county to oversee operations of the public schools located in the municipality and perform such other duties as the board may prescribe.  The district supervisor shall work under the supervision of the chief school administrator of the county administrative school district.

 

     17.  The chief school administrator, and all teachers, principals, and assistant superintendents of the board of education of the county administrative school district, shall have all rights and privileges of superintendents, teachers, principals, and assistant superintendents of schools, respectively, in school districts.

 

     18.  The school year for the county administrative school district shall begin on July 1 and end June 30.

 

     19.  No contract shall be entered into by the board of education of the county administrative school district, nor shall any bill or demand for money be paid, until it shall have been presented and passed on at a regularly called meeting of the board.  A bill or demand for money, except for salaries, that exceeds $25 shall be itemized and shall be verified by affidavit or contain or have annexed to it a signed declaration in writing to the effect that the bill or demand is correct in all its particulars, that the articles have been furnished or services rendered as stated therein, and that no bonus has been given or received on account thereof.

 

     20.  The county administrative school district shall have a board of school estimate, which shall consist of two members of the board of education of the county administrative school district, appointed by that board, two members of the board of chosen freeholders of the county, appointed by that board, and the chief elected executive officer of the county or the director of the board of chosen freeholders, as the case may be.

     The appointments shall be made annually between January 1 and January 15. In case of a vacancy occurring in the board by reason of the resignation, death, or removal of any appointed member, the vacancy shall be filled immediately by the body which originally appointed the member, by appointing another of its members to fill the vacancy.  The secretary of the board of education of the county administrative school district shall be the secretary of the board of school estimate, but shall receive no compensation as such.

 

     21.  On or before the fourth Tuesday in March in each year, the board of education of the county administrative school district shall prepare and deliver to each member of the board of school estimate an itemized statement of the amount of money estimated to be necessary for the general fund expenses of the county school district for the ensuing school year.  The itemized statement shall calculate separately for each municipality the general fund expenses of the public schools located in that municipality, and shall calculate for the county administrative school district as a whole the amount of money estimated to be necessary to fund the administrative and other services provided at the county level to the public schools of the county.  The board of education shall follow the procedures established in section 5 of P.L.1996, c.138 (C.18A:7F-5).

 

     22.  Between the fourth Tuesday in March and April 8 in each year the board of school estimate shall fix and determine, separately for each municipality in the county, by action taken at a public meeting of the board, the amount of money necessary to be appropriated for the general fund expenses of the public schools located in that municipality, and shall fix and determine for the county district as a whole the amount of money necessary to fund the administrative and other services provided at the county level to the public schools of the county, exclusive of the amount to be received from the State for general fund expenses.  The board of school estimate shall follow the procedures established in section 5 of P.L.1996, c.138 (C.18A:7F-5).

 

     23.  Upon the determination of the amount of money necessary to be appropriated for the ensuing school year pursuant to section 22 of this act, the board of school estimate shall establish the tax levy amount required to be raised in each municipality for the general fund expenses of the public schools located in that municipality.  The board of school estimate shall also establish the per pupil tax levy amount required to be raised to support the administrative and other services provided at the county level to the public schools of the county.  The per pupil tax levy amount shall be established by dividing the amount of money necessary to be appropriated for the administrative and other services provided at the county level by the projected enrollment of the county administrative school district for the ensuing school year.  The board of school estimate shall then calculate the amount of school tax levy that is required to be raised in the individual municipalities for administrative and other services provided at the county level by multiplying the per pupil tax levy amount by the number of students resident in that municipality who are projected to be enrolled in the county school district in the ensuing school year.  The board of school estimate shall make a certificate for each municipality of the total amount calculated for that municipality for general fund expenses and county-level administrative and other services which shall be signed by at least a majority of the members of the board.  The certificate shall be delivered to the governing body of the municipality, and a copy thereof, certified under oath to be correct and true by the secretary of the board of school estimate, shall be delivered to the county board of taxation on or before April 15 in each year, and the amount so certified shall be included in the taxes assessed, levied, and collected in the municipality.

 

     24.  All provisions of law relating to the entering into contract for the furnishing of supplies and to the preparation of plans and specifications for the construction, alteration or repair of any building by a board of education of the county administrative school district and the approval and filing thereof and of any such contract and to the advertisement for bids and the awarding of contracts as a result thereof, which are applicable to a board of education of a school district, shall likewise be applicable to the board of education of the county administrative school district and no municipal permit shall be required in connection with the making or performance of any such contract.

 

     25.  Whenever the board of education of the county administrative school district shall decide that it is necessary to sell bonds to raise money for any capital project as defined in N.J.S.18A:21-1, the board shall prepare and deliver to each member of the board of school estimate a statement of the amount of money estimated to be necessary for such purpose.

     The board of school estimate shall fix and determine the necessary amount and shall make two certificates thereof, one of which certificates shall be delivered to the board of education and the other to the board of chosen freeholders of the county in which the school district is situate.

     The board of chosen freeholders may appropriate such amount and borrow such amount for the purpose or purposes aforesaid, and secure the repayment of the sum so borrowed, together with interest thereon, by the issuance of bonds or notes of the county pursuant to the local bond law, notwithstanding any debt limitation or requirement for down payment therein provided for.  The proceeds of the sale of such obligations shall be paid to the treasurer of the county administrative school district and shall be paid out by him only on the warrants or orders of the board of education of the county administrative school district.  The treasurer shall in no event disburse such proceeds, except to pay the expenses of issuing and selling such obligations and for the purpose or purposes for which such obligations were issued.

 

     26.  a. No later than eight years after the establishment of the county administrative school district, the board of education of the county administrative school district and the board of chosen freeholders of the pilot county shall each submit a report to the commissioner in such form and containing such information as the commissioner shall require.  At a minimum, the reports shall include an evaluation of the relative merits of the county administrative school district, as compared with the public school system in place in the county prior to the implementation of the pilot program, and recommendations on whether the pilot program, or components of the pilot program, should be established in the county on a permanent basis. 

      b.   No later than nine years after the establishment of the county administrative school district, the commissioner shall submit to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), an evaluation of the effectiveness of the pilot program.  The commissioner’s evaluation shall, at a minimum, include the following:

     (1)   a detailed analysis of the impact of the pilot program on administrative costs and student achievement in the county selected for participation;

     (2)   copies of the reports submitted to the commissioner by the board of chosen freeholders of the pilot county and the board of education of the county administrative school district pursuant to subsection a. of this section; and

     (3)   the commissioner’s recommendation on the advisability of the pilot program's continuation and expansion to other counties.

 

     27.  The provisions of this act shall not apply to a regional school district with constituent municipalities in more than one county.

 

     28.  The provisions of the “Public School Contracts Law,” N.J.S.18A:18A-1 et seq., shall be applicable to a county administrative school district established pursuant to the provisions of this act.

 

     29.  The State Board of Education shall prescribe rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), for the implementation of this act and for the organization, management, and control of the county administrative school district.

     30.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill requires the Commissioner of Education to establish a 10-year pilot program to organize a county administrative school district in five counties selected by the commissioner.  The goal of the pilot program would be to evaluate the administrative and educational effectiveness of the county school district model in New Jersey. 

     Under the pilot program, any county of the second, third, fourth, fifth, or sixth class that has fewer than two SDA districts in the county would be eligible to participate in the pilot program.  The commissioner would, within nine months of the bill’s enactment, submit to the county board of chosen freeholders and executive county superintendent of schools in each eligible county a report that includes a description of the application process, a description of a county’s responsibilities under the pilot program, including information on the pilot program evaluation requirements established by the commissioner, the commissioner’s general assessment of the advantages and disadvantages of participation in the pilot program, including an assessment of additional costs, a model procedure for the transition to a county administrative school district, and a model procedure for the transition of a county administrative school district to the system of locally-operated school districts in place prior to the establishment of the county administrative school district.

     If interested, the board of chosen freeholders of a county that is eligible to participate in the pilot program would apply by adopting a resolution, with the concurrence of the executive county superintendent of schools, and completing the application process prescribed by the commissioner.  The county would be required to submit current data on comparative administrative spending by the school districts in the county and a statement describing the savings and efficiencies that the board of chosen freeholders believes would result from the establishment of a county administrative school district in the county.  The commissioner would then select five counties from among the eligible applicants and develop a plan for the transition of the locally-operated school districts in the county to a county administrative school district.  A county’s final acceptance for participation in the pilot program would be contingent on the adoption of the transition plan by the county board of chosen freeholders.

     The schools of the county selected for participation in the pilot program would be conducted by and under the supervision of a board of education of the county administrative school district and administered by a chief school administrator of the county administrative school district.  Local boards of education in the county, including the vocational school district and county special services school district boards, if any, would continue to exist in an advisory role; however, district boards would cede authority to govern the public schools within their jurisdiction to the county administrative board of education. 

     The bill would abolish local district-level administrative or supervisory personnel positions, including the district superintendent of schools.  The county administrative board of education would instead appoint a district supervisor for each municipality in the county to oversee operations of the public schools located in the municipality and perform such other duties as the board may prescribe.  The district supervisor would work under the supervision of the chief school administrator.

     The county administrative board of education would consist of the executive county superintendent of schools and four members appointed, with the advice and consent of the county board of chosen freeholders, by the chief elected executive officer of the county or the director of the board of chosen freeholders, as appropriate to the appointment procedures established by the form of government of the county.  A member would be required to be a citizen and resident of the county during service and for the three years preceding appointment  No more than two members of the same political party would be permitted to serve on the board.

     The county administrative board of education would organize annually on November 1 by the election of a president and vice-president.  The board would have the same powers to govern the county administrative school district that school district boards of education have to govern school districts.  For example, the board would have the power to enter into contracts for the provision or performance of goods or services, purchase, sell, and improve school grounds, and take and condemn land and other property for school purposes.

     The chief school administrator of the county administrative school district would be appointed by contract by the Governor for a term of no fewer than three nor more than five years.  An appropriate certificate, as prescribed by the State board, would be required for the position.  The chief school administrator would have general supervision over all aspects of the county administrative school district, including fiscal operations and instructional programs, under rules and regulations prescribed by the State board, and would have such other powers and perform such additional duties as may be prescribed by the board of education of the county administrative school district. 

     The board of education of the county administrative school district and the board of chosen freeholders would each be required to submit a report to the commissioner no later than eight years after the establishment of the county administrative school district.  The report would contain, at a minimum, an evaluation of the relative merits of the county administrative school district, as compared with the public school system in place in the county prior to the implementation of the pilot program, and recommendations on whether the pilot program, or components of the pilot program, should be established in the county on a permanent basis.  The commissioner would then, no later than nine years after the establishment of the county administrative school district, submit to the Governor and the Legislature an evaluation of the effectiveness of the pilot program.  The commissioner’s evaluation would, at a minimum, include a detailed analysis of the impact of the pilot program on administrative costs and student achievement in the county selected for participation, copies of the reports submitted to the commissioner by the board of chosen freeholders of the pilot county and the board of education of the county administrative school district, and the commissioner’s recommendation on the advisability of the pilot program's continuation and expansion to other counties.