ASSEMBLY CONCURRENT RESOLUTION No. 116

STATE OF NEW JERSEY

INTRODUCED MAY 8, 1997

By Assemblymen ROCCO and DORIA

A Concurrent Resolution concerning legislative review of proposed State Board of Education regulations pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey.

    Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

    1. Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Legislature may review any rule or regulation of an administrative agency to determine if the rule or regulation is consistent with the intent of the Legislature.

    2. The State Board of Education has proposed regulations to be codified in a new chapter 19 of Title 6 of the New Jersey Administrative Code in order to implement the provisions of the "Comprehensive Educational Improvement and Financing Act of 1996," P.L.1996, c.138 (C.18A:7F-1 et seq.). In subchapter 2 of chapter 19, the proposed regulations provide that when a district experiences three consecutive years of failure under State assessment methods, the Commissioner of Education may review the terms of collective bargaining agreements prior to final approval by the district board of education and issue an assessment of the impact of the terms on the district's budget, educational program and the local property tax levy.

    3. The Legislature finds that the above regulations, as proposed, are not consistent with the legislative intent because section 6 of P.L.1996, c.138 (C.18A:7F-6) provides that when a district experiences three consecutive years of failure under State assessment methods, the Commissioner of Education may only review the terms of future collective bargaining agreements. The commissioner is not authorized to review the terms of collective bargaining agreements prior to final approval by the district board of education and to issue an assessment of the impact of the terms on the district's budget, educational program and the local property tax levy.

    4. The Secretary of the Senate and the Clerk of the General Assembly shall transmit a duly authenticated copy of this concurrent resolution to the Governor, the State Board of Education, and the Commissioner of Education.

    5. The State Board of Education, pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, shall have 30 days following transmittal of this resolution to amend or withdraw the proposed regulations or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the regulations.

STATEMENT

    This concurrent resolution specifies that regulations concerning the review by the Commissioner of Education of collective bargaining agreements, which have been proposed by the State Board of Education to implement the "Comprehensive Educational Improvement and Financing Act of 1996," P.L.1996, c.138 (C.18A:7F-1 et seq.) are not consistent with the legislative intent of the act. The regulations provide that when a district experiences three consecutive years of failure under State assessment methods, the commissioner may review the terms of collective bargaining agreements prior to final approval and issue an assessment of the impact of the terms on the district's budget, educational program and the local property tax levy. Under those circumstances, however, the statute permits the commissioner only to review the terms of future collective bargaining agreements.

    The State Board of Education will have 30 days following transmittal of this resolution to amend or withdraw the proposed regulations or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the regulations.

Determines that proposed State Board of Education regulations regarding review of collective bargaining agreements are not consistent with legislative intent.