[Second Reprint]

ASSEMBLY, No. 1397

 

STATE OF NEW JERSEY

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman BAGGER

 

 

An Act concerning the sharing of certain personnel by school boards, amending various sections of the New Jersey Statutes and supplementing chapter 17 1of Title 18A1 of the New Jersey Statutes.

 

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

 

    1. N.J.S.18A:17-14.1 is amended to read as follows:

    18A:17-14.1. A board or the boards of two or more districts may, under rules and regulations prescribed by the state board, appoint a school business administrator by a majority vote of all the members of the board, define his duties, which may include serving as secretary of one of the boards, and fix his salary, whenever the necessity for such appointment shall have been agreed to by the county superintendent of schools or the county superintendents of schools of the counties in which the districts are situate and approved by the commissioner and the state board. 1[ No] A1 school business administrator shall be appointed 1[except]1 in the manner provided in this section , 1[except that] however1 when the boards of education of two or more school districts determine to share a school business administrator, the appointment shall 1[be made pursuant to] comply with the provisions of1 section 4 of P.L. , c. (C. )(now pending before the Legislature as this bill).

    Nothing in 1[this act] P.L. , c. (C. ) (now pending before the Legislature as this bill)1 shall prohibit a school district from subcontracting its school business administrator to another school district 1pursuant to the provisions of P.L.1973, c.208 (C.40:8A-1 et seq.)1 , in which case credit toward tenure acquisition shall accrue only in the primary district of employment. 1The provisions of P.L.      , c. (C. ) (now pending before the Legislature as this bill) concerning the arrangement to share a school business administrator by two or more school districts shall not apply when a school district subcontracts its school business administrator to another school district.1

 

    2. N.J.S.18A:17-15 is amended to read as follows:

    18A:17-15. The board of education of a Type I district and of any Type II district, now having or hereafter authorized to have a superintendent of schools, may, by contract appoint, for a term of not less than three nor more than five years and expiring July 1, a superintendent of schools by the recorded roll call majority vote of the full membership of the board.

    A superintendent of schools may be appointed for a like term also in any other Type II district or in any other two or more Type II districts as follows:

    Application for the establishment of the office of superintendent of schools for [the] a district or for two or more districts which determine to share a superintendent shall be made to the county superintendent of the county or the county superintendent of each of the counties in which such district or districts are situate and if said application is agreed to in writing by such county superintendent or county superintendents and shall be approved by the commissioner and the State board, the board of education of such a district so applying may appoint a superintendent of schools for a single district in the manner hereinbefore provided [or the commissioner shall appoint, subject to the approval of the State board, a superintendent of schools for two or more districts making such application and the State board shall apportion the expense of maintaining such a superintendent in more than one district equitably between the districts]or may appoint a superintendent for two or more districts in the manner provided by section 4 of P.L. , c. (C. )(now pending before the Legislature as this bill).

(cf: P.L.1991, c.267, s.1)

 

    3. N.J.S.18A:28-5 is amended to read as follows:

    N.J.S.18A:28-5. The services of all teaching staff members including all teachers, principals other than administrative principals, assistant principals, vice principals, assistant superintendents, and all school nurses including school nurse supervisors, head school nurses, chief school nurses, school nurse coordinators, and any other nurse performing school nursing services and such other employees as are in positions which require them to hold appropriate certificates issued by the board of examiners, serving in any school district or under any board of education, excepting those who are not the holders of proper certificates in full force and effect and school business administrators shared by two or more school districts, shall be under tenure during good behavior and efficiency and they shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming such a teaching staff member or other just cause and then only in the manner prescribed by subarticle B of article 2 of chapter 6 of this Title, after employment in such district or by such board for:

    (a) Three consecutive calendar years, or any shorter period which may be fixed by the employing board for such purpose; or

    (b) Three consecutive academic years, together with employment at the beginning of the next succeeding academic year; or

    (c) The equivalent of more than three academic years within a period of any four consecutive academic years.

(cf: P.L.1991, c.267, s.3)

 

    4. (New section) The boards of education of two or more school districts may share a superintendent or a school business administrator, or both. A shared superintendent or business administrator shall be subject to the same rules governing eligibility for employment as are superintendents or business administrators of a single district. 1The decision to share a school business administrator shall be made jointly by the boards of education of the districts, in consultation with the superintendents of the respective districts1 2subject to the final approval of the county superintendent or superintendents2 . The decision to share a superintendent 1[or business administrator]1 shall be made jointly by the 1boards of education of the1 districts, subject to the final approval of the county superintendent or superintendents, as follows:

    a. Should two or more districts, after careful study and 1[ample]1 opportunity for community input, decide to share a superintendent 1[or school business administrator]1, the districts shall mutually prepare a report for submission to the county superintendent or county superintendents if the districts are in different counties. The report shall outline the anticipated advantages to the districts and the feasibility of a shared arrangement. The report shall set forth a plan explaining how the shared arrangement will operate, and shall also address such items as community support for the arrangement, effect on services to the respective districts, division of the 1[business administrator’s or]1 superintendent’s time between the districts, availability of administrative backup, likelihood of situations creating conflict of interest, and financial advantages of the arrangement.

    b. The county superintendent or superintendents shall grant approval 1of a shared superintendent arrangement1 based on guidelines 2[to] which may2 be established by the 2[State Board] Commissioner2 of Education.

(cf: N.J.S.18A:17-14.1)

    5. (New section) Any boards obtaining the approval of the county superintendent or superintendents may contract with one another for the sharing of a superintendent or school business administrator. The contract shall be in writing and shall address the responsibilities of each district under the sharing relationship, including the apportionment of costs. The agreement shall be made contingent upon the districts’ mutual agreement on a candidate to fill the shared position and shall be conterminous with the superintendent’s or business administrator’s employment contract.

    a. The school districts shall together agree on how the initial costs of sharing a superintendent or business administrator shall be apportioned, which apportionment shall be expressed as a percentage for each district, and shall include the cost of salaries and benefits. 1[The State Board of Education shall adopt guidelines regarding the apportionment of expenses between the sharing districts.]1

    b. At least one year prior to the expiration of the first or any subsequent contract between school boards sharing a superintendent or business administrator, a board wishing to terminate the contract shall notify, in writing, the other board or boards and the superintendent or business administrator, that it wishes to terminate the contract.

    c. Should a board give a notice of termination, the contract between the boards shall be terminated at the expiration of that term and the superintendent or business administrator shall not be reappointed by the joint boards at the end of the current term. However, the termination shall not preclude a board from reemploying the superintendent or business administrator on an individual basis.

 

    6. (New section) The boards of education may, by contract, appoint a shared superintendent or school business administrator, for a term of not less than three nor more than five years and expiring July 1, by the recorded roll call majority vote of the membership of each board. At the conclusion of the term of the initial contract or of any subsequent contract, the superintendent or business administrator shall be deemed reappointed for another contracted term of the same duration as the previous contract unless either:

    a. The boards shall together agree to reappoint the person by contract for a different term, which term shall not be 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

    b. At least one year prior to the expiration of the first or any subsequent contract a board shall notify the superintendent or business administrator and the other board or boards in writing that the person will not be reappointed at the end of the current term, in which event the person’s employment shall cease at the expiration of that term. The contract between the boards shall also be terminated. However, the termination shall not preclude any board from reemploying the superintendent or business administrator on an individual basis. 1If a contract between boards of education is terminated because the superintendent or business administrator is not reappointed at the end of the term of employment, and the boards involved in the previous sharing relationship determine to enter into a new contract, the boards shall not be required to prepare and submit a report or receive the approval of the county superintendent or superintendents of schools if the new contract is for the same shared position for which the boards previously received approval.1

 

    7. (New section) During the term of any employment contract with the board, a shared superintendent or school business administrator shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming or other just cause and then only in the manner prescribed by N.J.S.18A:6-9 et seq.

 

    18. (New section) The position of shared superintendent or shared business administrator shall not be a tenurable position. If two or more boards of education appoint an individual from within one of the school districts to a shared position, the individual shall retain all tenure rights accured in the positions in which he previously served within the district. However, in no event shall the districts be required to appoint a tenured individual from within any of the districts to fill a shared position.1

 

    1[8.] 9.1 (New section) The initial terms and conditions of the employment contract between the boards and the superintendent 1[or school business administrator]1 2or school business administrator2 shall be determined by the boards and the superintendent 1[or business administrator within guidelines to be set by the State Board of Education]1 2or business administrator2. The terms shall be maintained for the life of the contract. 1The 2[State Board] Commissioner2 of Education 2[shall] may2 establish guidelines governing the initial terms and conditions of the employment contract between the boards and a superintendent.

    2[The initial terms and conditions of the employment contract between the boards and a school business administrator shall be determined by the boards in consultation with the superintendents of the respective districts.1]2

    Boards may mutually agree to provide additional benefits or compensation during the life of the superintendent’s or business administrator’s contract, but if agreement is not possible, an individual board may do so unilaterally based upon the superintendent’s or business administrator’s performance and the needs of the district, and the responsibility for the cost of the additional benefits shall rest solely with that individual board.

 

    1[9.] 10.1 (New section) Each district shall ensure that the shared superintendent or school business administrator is evaluated individually in that district, in accordance with statute and regulation.

 

    1[10.] 11.1 (New section) The county superintendent 1or superintendents if the districts are in different counties1 shall serve as 1[an] the1 arbitrator over any disputes arising over the interpretation of the contract between the boards of education sharing a superintendent or a school business administrator.

 

    112. (New section) The provisions of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall govern the sharing of a superintendent or school business administrator by two or more boards of education and shall not be deemed inconsistent with the provisions of P.L.1973, c.208 (C.40:8A-1 et seq.) insofar as that act may authorize the subcontracting of school district administrative services.1

 

    1[11.] 13.1 This act shall take effect immediately.

 

 

                       

 

Provides procedure for school districts which determine to share the services of a superintendent or business administrator.