SENATE, No. 430
STATE OF NEW JERSEY
INTRODUCED JANUARY 18, 1996
By Senator LYNCH
An Act concerning the change in classification of school districts and amending various sections 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:9-4 is amended to read as follows:
18A:9-4. The question of the acceptance of [section] N.J.S. 18A:9-2 [of this title], in any local school district governed by [section] N.J.S.18A:9-3 [of this title], except a consolidated school district, or of the acceptance of [section] N.J.S.18A:9-3 [of this title] in any local school district governed by [section] N.J.S 18A:9-2 [of this title], shall be submitted to the legal voters of such district whenever the governing body of the municipality constituting such district or the board of education of any type I districts, shall by resolution so direct, or whenever a petition, signed by not less than 15% of the number of legally qualified voters who voted in such district at the last preceding general election held for the election of all of the members of the general assembly, shall be filed with the clerk of such municipality. Prior to collecting signatures, the sponsors of the petition shall notify the clerk of their intention to file a petition. Notification shall be given by certified mail, return receipt requested. The number of required signatures shall be collected within 90 days following the date of receipt of the notice by the clerk. Each signature on the petition shall be accompanied by the date on which the petition was signed. If a completed petition is not filed within the 90-day period, the petition shall be void. No part of a void petition shall be used in connection with any subsequent referendum.
(cf: N.J.S.18A:9-4)
2. N.J.S.18A:9-5 is amended to read as follows:
18A:9-5. The clerk of the municipality shall in either case cause said question to be submitted at the next municipal or general election which will be held in the municipality following the expiration of [35] 60 days from the date of the adoption of the resolution or the filing of the petition, whichever shall first occur.
(cf: N.J.S.18A:9-5)
3. N.J.S.18A:9-6 is amended to read as follows:
18A:9-6. If the board of education of a type II local school district shall so determine by resolution, or if a petition is filed with the board requesting the submission of the question to the voters, signed by 15% or more of the number of legally qualified voters who voted in the district at the last preceding general election held for the election of all of the members of the general assembly, the question shall be submitted to the voters of the district. Prior to collecting signatures, the sponsors of the petition shall notify the secretary of the board of education of their intention to file a petition. Notification shall be given by certified mail, return receipt requested. The number of required signatures shall be collected within 90 days following the date of receipt of the notice by the secretary. Each signature on the petition shall be accompanied by the date on which the petition was signed. If a completed petition is not filed within the 90-day period, the petition shall be void. No part of a void petition shall be used in connection with any subsequent referendum. The referendum shall be conducted at the next annual school election of the district which will be held at least [15] 60 days after the adoption of the resolution or the filing of the petition but if in the petition it is requested that the question be submitted at a special school election and the first annual school election to be held in the district after the petition is filed will be held less than [20] 60 days or more than [50] 180 days thereafter, the board shall forthwith call a special school election in the district, for the submission of the question, to be held at least 60 days and not more than [50] 180 days after the filing of the petition.
(cf: N.J.S.18A:9-6)
4. N.J.S.18A:9-7 is amended to read as follows:
18A:9-7. If a majority of the votes cast for and against the adoption of the question are cast for the adoption of the question, the district shall be governed by the provisions of the section of this title named in the question as hereinafter provided. If a majority of the votes cast for and against the adoption of the question are cast against the adoption of the question, a subsequent referendum on the question shall not be held within the following 36 months.
(cf: N.J.S.18A:9-7)
5. This act shall take effect immediately.
STATEMENT
This bill revises the procedures for changing the classification of a school district from Type I to Type II or from Type II to Type I. If the change is initiated by petition, the sponsors of the petition are required to notify either the clerk of the municipality in the case of a Type I district or the secretary of the board of education in the case of a Type II district of their intention to file the petition prior to collecting signatures. Notification would be made by certified mail, return receipt requested. The number of required signatures must be collected within 90 days of that notification or the petition would be void. Each signature on the petition would be accompanied by the date of the signing. No part of a void petition may be used in connection with any subsequent referendum.
The bill also extends from 35 to 60 the number of days required between the adoption of a resolution or the filing of a petition and the election in order to conform the period to other statutory provisions for referendums initiated by petition and in order to facilitate compliance with the requirements for the distribution of absentee ballots. If the question of change is defeated at the referendum, another referendum on the question may not be held within the following 36 months.
Revises procedures for changing the classification of a school district.