ASSEMBLY EDUCATION COMMITTEE

STATEMENT TO

ASSEMBLY, No. 2722

STATE OF NEW JERSEY

DATED: MARCH 3, 1997

      The Assembly Education Committee favorably reports Assembly Bill No. 2722.

      This bill provides that the board of education of any local school district constituting part of a limited purpose regional school district or the governing body of the municipality constituting a constituent district of a limited purpose regional school district or an all purpose regional school district may petition the board of education of the regional school district to adopt a per pupil basis formula pursuant to subsection b. of N.J.S.A.18A:13-23, as the basis of the apportionment of costs of the regional school district.

      The bill provides that the board of education of a regional school district is required to adopt a per pupil basis formula upon finding that: (1) the annual per pupil expenditure of the petitioning party is at least 100% more than the average per pupil expenditure of the other members of the regional school district in the current and prior budget years; (2) the enrollment of the petitioning party is 5% or less of the total regional school district enrollment in the current and prior budget years; (3) the regional district has not more than two constituent districts which meet the standards specified in (1) and (2); and (4) the district has not revised the basis of its apportionment of costs pursuant to section 5 of P.L.1993, c.67 (C.18A:13-23.3). The bill provides that if the petition is granted, the apportionment of costs may be phased in over a period not to exceed four years by any combination of apportionment based upon equalized valuations or pupil enrollments.

      The bill provides that the board of education of the regional district is required to conduct a hearing within 45 days of the receipt of a petition to modify the district's cost apportionment basis. Upon the failure of the board of education of the regional district to comply with this act, the petitioning constituent district may withdraw from the regional school district or may institute enforcement proceedings with the appropriate court to compel the regional board of education to comply with the bill's provisions.

      The bill also provides that a constituent district which withdraws from the regional school would be admitted to an existing regional school district without voter approval. When the board of education of a regional school district admits a new constituent school district, an additional board member would be added to the regional board of education who would represent the new constituent district and would be appointed by the county superintendent of the county in which the new constituent district is situate. In the event this results in the board consisting of an even number of members, the board would have a second additional member appointed to be apportioned among the other constituent districts of the regional school district as determined by the county superintendent of the county or counties in which the constituent local districts of the enlarged district are situate.