ASSEMBLY, No. 1307
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman CHARLES
An Act concerning the board of education in a State-operated school district and amending P.L.1987, c.399.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 16 of P.L.1987, c.399 (C.18A:7A-49) is amended to read as follows:
16. a. The State district superintendent shall annually provide to the commissioner an assessment of the progress of the district toward meeting the requirements necessary for State certification. The commissioner shall formally report to the State board and to the Governor and the Legislature on the district's progress.
b. Based upon the annual assessment of progress and the district's having received State certification, but not sooner than five years after the establishment of the State-operated school district, the commissioner may recommend to the State board that local control be reestablished.
c. Upon a determination by the State board that local control should be reestablished, the State district superintendent and those members of the superintendent's staff appointed by operation of these laws relating to State-operated school districts shall continue to serve for a one year transition period upon conclusion of which their term of service shall expire without prejudice to the right of the district board of education to reappoint any or all such persons to similar positions within the district.
d. [Not more than one year following the reestablishment of local control, the board shall conduct a special election for purposes of placing the question of classification status before the voters of the district.
e. If the voters of the district shall elect to become a type I district, it shall be governed by the provisions of chapter 9 of Title 18A of the New Jersey Statutes relating to type I districts after January 31 next ensuing, unless the district is established in a city of the first class, in which case it shall be governed after June 30 next ensuing. The members of the district board of education at the time of said election shall continue in office until expiration of their respective terms and the qualification in office of their successors.
f. If the voters of the district shall so select that the district shall become a type II district, it shall be governed by the provisions of chapter 9 of Title 18A relating to type II districts and the members of the board of education at the time of said election shall remain and continue in office until the expiration of their respective terms and the qualification of their respective successors.
g.] Upon reestablishment of local control, the school district shall have the classification status which existed prior to the creation of the State-operated school district, and within 60 days, members of the board of education shall be appointed or elected, as the case may be. If the members are appointed, the terms of the members of the initial board shall be determined pursuant to N.J.S.18:12-9, and if the members are elected, the terms of the members of the initial board shall be determined pursuant to N.J.S.18A:12-11.1. In the event the election or appointment of board members does not correspond to the statutory dates for the election or appointment of members, the State Board of Education shall adjust the initial terms accordingly. Members of the board of education in office at the time of the reestablishment of local control shall remain and continue in office until the qualification of their successors.
e. If the commissioner cannot recommend that local control be reestablished in a district five years after the establishment of a State-operated school district, then the commissioner shall provide a comprehensive report to the State board and to the Governor and the Legislature, including a detailed analysis of the causes for the failure of the district to achieve certification and an assessment of the amount of time necessary for the continuation of the State-operated school district. On the basis of that report the State board shall determine whether to continue the State-operated school district or return the district to local control pursuant to this section.
(cf: P.L.1987, c.399, s.16.)
2. This act shall take effect immediately.
STATEMENT
This bill provides that upon reestablishment of local control in a school district which was State-operated, the district would resume its former classification status, and within 60 days, members of the board of education would be appointed or elected, as the case may be. The terms of members of the initial board would be staggered as provided under the statutes governing the establishment of appointed and elected boards. If the election or appointment of board members does not correspond to the statutory dates for the election or appointment of members, the State Boar1 of Education is authorized to adjust the initial terms accordingly. Members of the board of education in office at the time of the reestablishment of local control would remain in office only until the qualification of their successors.
Under the current statute, a special election is held during the year following the reestablishment of local control to determine the classification status of the district, and members of the board of education then in office remain in office until the expiration of their terms.
Provides for immediate restoration of school board when local control is reestablished in State-operated district.