[First Reprint]

SENATE, No. 820

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 22, 1996

By Senators SCHLUTER, LITTELL, Kyrillos, Lipman, Kenny, Inverso, Ewing and LaRossa

An Act establishing an Advisory Committee to study the governance and organization of school districts and making an appropriation.

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

    1. The Legislature finds and declares that: although New Jersey spends approximately 12 billion dollars a year on education, and has the highest per pupil spending in the nation, a disproportionate amount of these funds are used for overhead expenditures and do not reach the children in the classrooms; in part, these high noninstructional costs result from the large number of local school districts of varying sizes and grade organization, which cannot take advantage of economies of scale, thereby bearing a disproportionate administrative and overhead cost; proposals to reduce the number of school districts through forced regionalization or consolidation are inappropriate and unacceptable, since this procedure is totally arbitrary and does not recognize the benefits of "Home Rule," namely the regional diversity and local support which are critical to a successful school system; the State should consider the development of incentives for regionalization, however, it is not clear which incentives are most appropriate; given the diversity of this State, what is required is a variety of options and approaches for school district structural modifications, a response which is made difficult within the confines of the current organization and governance of local school districts whose existence is determined by municipal boundaries rather than by student demographics and educational needs; this problem is exacerbated by a rigid governance structure which does not permit schools and school districts to explore new approaches to school organization and governance, approaches which could improve the quality of education, foster efficiency in the allocation of school funds and recognize the dramatic technological improvements in the transmission and presentation of educational programs; given these problems as well as the constitutional requirement that the State must ensure a thorough and efficient education in all school districts, it is in the best interests of the students and all citizens of this State that a committee be established to study the issue of school district organization and governance, in order to develop and explore current options and new approaches which, while always containing the principle of local consent, could be utilized as local boards of education plan for their future growth and development.

    The Legislature further finds and declares that a case study should be conducted in a county which is a microcosm of the State and which reflects organizational patterns throughout the State, namely a number of large regional high schools and a substantial number of small elementary school districts, varying demographic patterns so that there is a great disparity in space utilization and growth between the several school districts, and a geographic distribution which would permit reorganization outside of the confines of the traditional organization and governance.

    2. There is established a program for a case study of the governance and organization of public school districts. This study shall be conducted on a pilot basis in a single county and shall utilize the governance and organization of the school districts in a county of the third class with a population of not less than 100,000 and not more than 120,000 based upon the 1990 federal census.

    3. a. This study shall be conducted by an Advisory Committee to consist of 28 members selected as follows:

    (1) four municipal officials, one from each group of constituent districts of each of the regional high schools in the county which is to be utilized in the case study, to be selected at a meeting of all elected municipal officials of the governing bodies of the county;

    (2) one member of the county's board of chosen freeholders, to be selected by that board;

    (3) two members of the general public of the county, who are not associated with educational activities, selected by the board of chosen freeholders in consultation with the legislators representing the county;

    (4) two members of boards of education of a regional high school in the county, selected by all of the members of regional high school boards of education in the county;

    (5) two members of boards of education of an elementary school district in the county, to be selected by all of the members of elementary school boards of education in the county;

    (6) one member of the board of education of the county vocational school, to be selected by that board;

    (7) one chief school administrator of a high school district located in the county, to be appointed by the county superintendent of schools;

    (8) two chief school administrators of elementary school districts located in the county, to be appointed by the county superintendent of schools;

    (9) one high school principal, to be appointed by the county superintendent of schools;

    (10) two school business administrators, one from a high school district and one from a K-8 district, to be appointed by the county superintendent of schools;

    (11) two classroom teachers who teach in the county, to be selected by the majority bargaining unit for teaching staff members within the county;

    (12) the superintendent of the Educational Services Commission;

    (13) a member of the State Board of Education, to be designated by the State board;

    (14) the county superintendent of schools, ex officio; and

    (15) five members with knowledge and experience in education and educational governance from areas of the State not included in the case study, to be appointed by the Governor.

    The members of the Senate and General Assembly representing the county which is to be the subject of the case study and the Commissioner of Education, or their respective designees, shall serve as ex officio non-voting members of the committee.

    b. The county superintendent of schools shall facilitate the selection of Advisory Committee members of classes (1), (4) and (5) above by calling meetings for their selection.

    c. Vacancies in the appointed membership of the committee shall be filled in the same manner as the original appointments were made.

    d. Members of the committee shall serve without compensation, but shall be entitled to reimbursement for actual expenses necessarily incurred in carrying out their duties as members of the committee, within the limits of monies appropriated or otherwise made available to the committee.

    e. Appointments to the committee shall be made and qualified within 60 days after the effective date of this act.

    4. The Advisory Committee shall hold an organizational meeting within 30 days of the appointment and qualification of the full membership of the committee, and shall elect a chairperson from among its members and a secretary, who need not be a member of the committee.

    5. It shall be the duty of the Advisory Committee to conduct a study of the organization and governance of the school districts within the county; to examine possible inefficiencies resulting from the duplication of administrative functions, inadequate articulation and coordination between elementary school and high school curricula ¹, lack of coordination of pupil transportation routing for public and non-public students,¹or other causes; review the demographic patterns within the county with regard to space utilization within the schools ¹; quantify the potential operational savings due to consolidation of such expenses as professional negotiators, auditors, treasurers, attorneys, school doctors, and other consultants¹; study the potential impact and cost effectiveness of an integrated technology system on the quality and availability of educational opportunities; examine possible alternatives to the current governance or organization of the county's school system including a county-wide school district, the division and recombination of municipal school districts, alterations of the current regional high school structure, the establishment of county-wide magnet schools, the creation of one or several county-wide or regional charter schools or any other changes or innovations which would make the schools in the county more efficient; to ensure that such changes would not only increase efficiency but would also enhance the quality of education for all pupils while maintaining local choice and local options; and, review the statutes to determine what changes would be necessary or appropriate to facilitate structural changes in the organization and governance of the school districts within the county.

    6. The Advisory Committee shall be entitled to call upon the assistance of the officers and employees of any State, county or municipal department, board, bureau, commission or agency as it may require and as may be made available to it to conduct its work, and may incur such expenses as it may deem necessary, and as may be within the limit of any funds appropriated or otherwise made available to it, to fulfill its responsibilities. The committee shall also be entitled to engage outside consultants and experts in the field of education and education governance in order to assist the committee in completing the study required by this act. When engaging outside experts and consultants, the committee shall obtain at least three competitive quotations. The successful consultant or expert shall be selected by the committe on the basis of price and other factors.

    7. The Advisory Committee, within 18 months of its first organizational meeting, shall submit to the Governor and the Legislature a report setting forth the results of its study along with any recommendations that the committee may wish to include. Upon submittal of its report, the committee shall expire.

    8. There is appropriated from the General Fund ¹to the Department

of Education¹ the amount of $250,000 ¹for a grant to the Advisory Committee¹ for the purposes of this act.

    9. This act shall take effect immediately.

Establishes a program for a case study of the governance and organization of the several school districts within a county; appropriates $250,000.