SENATE, No. 1069
STATE OF NEW JERSEY
INTRODUCED MAY 2, 1996
By Senator EWING
An Act concerning education in State facilities and amending P.L.1979, c.207.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.1979, c.207 (C.18A:7B-2) is amended to read as follows:
6. a. For each child who is resident in a district and in a State facility on the last school day prior to October 16 of the prebudget year, the Commissioner of Education shall deduct from the State aid payable to such district an amount equal to the State foundation amount plus the appropriate special education aid.
b. If, for any district, the amount to be deducted pursuant to subsection a. of this section is greater than State aid payable to the district, the district shall pay to the Department of Education the difference between the amount to be deducted and the State aid payable to the district.
c. The amount deducted pursuant to subsection a. of this section and the amount paid to the Department of Education pursuant to subsection b. of this section shall be forwarded to the Department of Human Services if the facility is operated by or under contract with that department, or to the Department of Corrections if the facility is operated by that department, or to the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) if the facility is operated by that commission, and shall serve as payment by the district of tuition for the child. This amount shall be used solely for the support of educational programs and shall not be subject to administrative discretion relative to their use for other than educational purposes nor shall such funds be subject to administratively implemented budgetary mechanisms designed to address noneducational budgetary shortfalls or to offset departmental or State budget deficits. These funds shall be maintained in a separate account [for that purpose] and no funds shall be transferred from nor carried forward to any other account without the approval of the Joint Budget Oversight Committee except when such transfers are being used to return funds to local school districts. No district shall be responsible for the tuition of any child admitted to a State facility after the last school day prior to October 16 of the prebudget year.
(cf: P.L. 1995, c.280, s.24)
2. Section 8 of P.L.1979, c.207 (C.18A:7B-4) is amended to read as follows:
8. Funds received pursuant to this act by the Department of Human Services, by the Department of Corrections or by the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) shall be used only for the salaries of teachers, educational administrators at the program level, child study team personnel, clerical staff assigned to child study teams or to educational day programs, paraprofessionals assigned to educational programs in State facilities, and for diagnostic services required as part of the child study team evaluations and related educational services personnel whose function requires an educational certificate issued by the State Department of Education, and for the costs of educational materials, supplies and equipment for these programs. No such funds shall be used for the renovation or construction of capital facilities, for the maintenance and operation of educational facilities, or for custodial, habilitation or other noneducational costs; nor shall such funds be subject to administrative actions designed to address noneducational departmental budgetary constraints or to offset either departmental or State budget deficits. These funds shall be used solely for the education of eligible juveniles being educated in State facilities .
There are hereby authorized to be appropriated to the Departments of Human Services and Corrections such funds as may be necessary to provide for adult, post-secondary and college programs.
(cf: P.L.1995, c.280, s.25)
3. This act shall take effect immediately.
STATEMENT
This bill requires that payments from local school boards, whether deducted from a district's State aid or paid directly to the State from a district's local school tax levies, and appropriated to State facilities for the education of juveniles, be used for the educational purposes for which they were intended, and prohibits such funds from being used for noneducational purposes within a departmental budget or a State budget.
Prohibits local educational funds appropriated to State facilities from being used for non-educational purposes.