S1467

SENATE, No. 1467

STATE OF NEW JERSEY

INTRODUCED SEPTEMBER 19, 1996

By Senators SCHLUTER and EWING

An Act concerning educational audiovisual aids centers, amending various sections of the New Jersey Statutes and supplementing chapter 51 of Title 18A of the New Jersey Statutes.

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

1. (New section) The Legislature finds and declares that:

a. Over the past several decades during which school districts have had the authority to establish county educational audiovisual aids centers, great advances have been made in educational technology;

b. Many of the centers now in operation are operating under severe financial constraints which prevent them from keeping pace with the technological needs of school districts;

c. There are currently 20 centers operating separately with the result that expenses for office rental, administration and other operations are borne individually by each of the centers; and

d. There is a need for statutory authority to permit the establishment of regional centers which would allow for the sharing of expenses and the merging of resources in order to consolidate, streamline and update the services of the county centers.

2. N.J.S. 18A:51-1 is amended to read as follows:

18A:51-1. The boards of education of two or more school districts in any county may by resolution adopted by a majority vote of all of the members of each such board, determine to establish a ["county educational audiovisual aids center"] county instructional media and educational technology services center, hereinafter referred to as "county center".

(cf: N.J.S. 18A:51-1)

3. N.J.S. 18A:51-2 is amended to read as follows:

18A:51-2. The supervision, management and control of [such] a county center shall be vested in a county [educational audiovisual aids] instructional media and educational technology services commission, hereinafter referred to as "county commission," which shall consist of [seven] eight members who shall serve without compensation. [Three members of the commission, who shall be known as members of the first class, shall be chosen from the membership of the boards of education of the participating school districts, three members of the commission, who shall be known as members of the second class, shall be chosen from the membership of the professional staffs of said boards of education whose offices, positions or employments are such as to require them to hold appropriate certificates in full force and effect in this state,] Six members of the commission shall be chosen from the membership of the boards of education of the participating school districts or from among appropriately certificated persons employed by the participating school districts and one member of the commission, who shall be known as the librarian member, shall be the county librarian if there be a county library in the county, who shall hold office ex officio, and if there be no county library in the county, then such member shall be chosen from among the librarians of the libraries in the county supported in whole or in part by public funds. The county superintendent shall serve as a member ex officio, but shall vote only to break a tie vote of the commission.

(cf: N.J.S. 18A:51-2)

4. N.J.S. 18A:51-3 is amended to read as follows:

18A:51-3. The first members of the county commission shall be appointed forthwith by the county superintendent of the county upon notification that it has been determined to establish [such] a county center and they shall serve until June 30 next ensuing.

(cf: N.J.S. 18A:51-3)

5. N.J.S. 18A:51-4 is amended to read as follows:

18A:51-4. [ On or before said June 30 and annually thereafter, the county superintendent shall call a meeting of all of the members of the boards of education of the participating school districts for the election of permanent members of the commission. At such first meeting one member of the first class and one member of the second class, shall be elected for terms of one year, two years and three years, each, beginning on July 1 next succeeding, and if there be no county library in the county, the librarian member shall be elected for a term of one year. At each subsequent meeting one member of each class shall be elected to serve for a term of three years] At the meeting of the county school board association immediately preceding July 1, two members of the county commission shall be elected to serve a term of one year, two members shall be elected to serve a term of two years, two members shall be elected to serve a term of three years and a librarian member to serve for one year shall be elected, also, if there be no county library in the county. Thereafter, at the meeting of the county school board association immediately preceding July 1 in each year, two members shall be elected to serve a term of three years, and if there is no county library in the county, the librarian member shall be elected to serve for a term of three years. In all cases the vote of the majority of the members of the boards of education of the participating school districts present and voting shall be necessary for election. Vacancies in the commission shall be filled by the remaining members of the commission according to the qualifications hereinbefore provided [for original appointments] and they shall serve for the unexpired terms only.

(cf: N.J.S. 18A:51-4)

6. N.J.S. 18A:51-5 is amended to read as follows:

18A:51-5. Each county [educational audiovisual aids] commission shall organize by the election of a [chairman] chairperson and a vice [chairman] chairperson from its own membership and shall adopt rules for the establishment and maintenance of said center. The county superintendent shall serve as secretary of the commission, and the county treasurer of the county shall serve as custodian of all moneys and funds of the commission from whatever source derived, without compensation. The county treasurer as such custodian shall keep said moneys and funds in a separate and distinct account and shall disburse the same on orders signed by the [chairman] chairperson and secretary of the commission. Before entering upon his duties as such custodian he shall be required to give additional bond or to renew his bond as county treasurer, in such manner as to cover and secure the faithful performance of his duties as such custodian and any additional premium shall be paid by the commission.

(cf: N.J.S. 18A:51-5)

7. N.J.S. 18A:51-6 is amended to read as follows:

18A:51-6. The county commission shall provide, maintain and furnish educational audiovisual aids to the public schools of the participating school districts and may furnish, maintain and repair equipment, software, and provide services to keep pace with advances in educational technology and technology education. The commission shall provide such facilities, and may incur such expenses as it may deem necessary for said purpose, but shall not make expenditures or commitments in any year in excess of the funds available for that year.

The commission may contract with nonprofit, private schools [within the county] and such other entities as non-participating public school districts, community colleges, educational organizations, governmental bodies and nonprofit organizations to provide, maintain and furnish educational audiovisual aids [to such private schools] , equipment, software and related services. Before contracting with any [nonprofit, private school] such entity, the commission shall submit the terms of the contract to [the] its member boards for review, which terms shall include a description of the educational audiovisual aid, equipment, software or services to be furnished, the amount of payment and the time for payment.

(cf: P.L.1969, c. 274, s. 1)

8. N.J.S. 18A:51-7 is amended to read as follows:

18A:51-7. The county commission shall assess against the participating school districts a sum which, together with any anticipated State or federal aid [and] or grants, private donations or other revenue, shall be required for the establishment and maintenance of the county [educational audiovisual aids] center during the first year and for the maintenance and operation of the same[,] during each year thereafter, which total annual assessment shall be apportioned among the participating school districts in the proportion which the resident enrollment of the pupils of each such district shall bear to the total resident enrollment of the pupils of all of the participating school districts, as determined by the commissioner. The commission may establish minimum or maximum assessments or both.

Pupils sent from a participating school district to schools of a non-participating district, pursuant to a sending-receiving relationship, shall not be counted toward pupil resident enrollment for assessment purposes. Pupils sent from a non-participating school district to a participating school district, pursuant to a sending-receiving relationship, shall be counted toward pupil resident enrollment for assessment purposes. The participating district may include that portion of its assessment attributable to the pupils sent into the district pursuant to a sending-receiving relationship in its tuition charge to the sending district unless the non-participating district agrees to become a participating district subject to assessment.

Pupils residing in a participating district who attend a charter school shall be counted toward pupil resident enrollment for assessment purposes. The commission may make assessments for certain services or charge directly for other services as appropriate.

(cf: P.L.1990,c.52,s.70)

9. N.J.S. 18A:51-8 is amended to read as follows:

18A:51-8. On or before September 30 of each year the county commission shall prepare a tentative budget of the sums required by said commission in carrying on its activities for the ensuing year so itemized as to make it readily understandable, together with a statement of the amount to be assessed against each participating school district for such year based on the preceding year's enrollment, and shall deliver the same to the board of education of each of the participating school districts before the date of the October meeting of such board. The board of education of each participating school district shall consider such tentative budget at its October meeting and shall return the same forthwith to the commission with its endorsement or suggestions for change, if any, and after all such boards of education shall have so returned the same, the commission shall adopt its budget for the ensuing year and notify the board of education of each participating school district, on or before the November meeting thereof if practicable and otherwise as soon thereafter as possible, of the total amount of the budget and the amount to be assessed against such school district for said year and each such board of education shall include the amount so assessed against it in the item "current expenses of schools" in the budget adopted or submitted for adoption by it for the ensuing year and the same shall be paid to the custodian of moneys of the commission as required and requisitioned by him. If during the first year of the establishment of any such commission it shall be impossible to carry out the budgetary provisions hereinbefore provided, the commission shall certify to the boards of education of the participating school districts the amounts of said assessments as soon as practicable after the establishment of the commission and said boards of education shall pay said assessments from available current expense funds.

(cf: N.J.S.18A:51-8)

10. N.J.S. 18A:51-9 is amended to read as follows:

18A:51-9. Each county [educational audiovisual aids] commission shall forward to the commissioner, on or before September 1 of each year, a statement of its organization and its proposed program of operation for the next ensuing school year, together with an estimate of the amount of State and federal aid, calculated as hereinafter provided, to which it will be entitled for that school year and it shall certify, on or before the next June 30, the amount raised by assessments, grants and private donations for the purposes of [such audiovisual] the center for the said school year and if the amount so raised by assessments [or] , grants and private donations [or both] for any one school year, for the establishment and maintenance or for the maintenance of [such aids] the center shall be not less than the sum of $500.00, and if the commissioner shall approve such organization and program he shall thereupon certify to the Director of Budget and Accounting in the Department of the Treasury that there shall be paid to the custodian of moneys of the commission an amount equal to the amount so raised by assessments, grants and private donations out of any funds appropriated by law for said purposes, which amount shall be paid on the warrant of said director drawn on the State Treasurer in favor of the custodian of moneys of the commission except that the amount so to be paid by the State to any such commission shall not exceed the sum of $5,000.00 in any [1] one year nor shall it exceed the sum expended by the commission for [educational audiovisual aids purchased] purchases by it in any year after the first 5 annual payments have been made. If the sum appropriated by the State for State aid to county [educational audiovisual] centers in any [1] one year shall be less than the total amounts so certified by the commissioner, each commission shall be entitled to be paid its proportionate share of the total amount so appropriated.

(cf: P.L.1969, c. 224, s. 1)

11. N.J.S. 18A:51-10 is amended to read as follows:

18A:51-10. Any unexpended balance of the moneys or funds in the hands of the custodian of moneys of any [such] county commission at the end of any school year shall be available for expenditure by the commission in the succeeding year or years but it shall not be included in any report of the amount raised as the basis for the calculation of state aid for any succeeding year.

(cf: N.J.S.18A:51-10)

12. N.J.S. 18A:51-11 is amended to read as follows:

18A:51-11. Not more than one county [educational audiovisual aids] center shall be established in any one county and if any board of education of any school district within the county shall, subsequent to the establishment of a county [educational audiovisual aids center] commission within the county or the establishment of a regional commission pursuant to section 14 of P.L. ,c. (C. )(now pending before the Legislature as this bill), determine, by resolution adopted by a recorded roll call majority vote of its full membership to apply for membership therein and shall give notice thereof to the secretary of the commission, such board of education shall be admitted to membership therein beginning on the first day of the month next following and thereafter shall be subject to the provisions of this chapter in the same manner as though it had been one of the original participating school districts therein.

(cf: N.J.S. 18A:51-11)

13. N.J.S. 18A:51-12 is amended to read as follows:

18A:51-12. Any board of education of any participating school district may withdraw as a participating district pursuant to resolution duly adopted by a majority of the authorized membership of said board and notice of intention to withdraw given to the secretary of the commission on or before August 1 in any year and in event that all participating boards of education, or all of said participating boards of education except one, shall determine to withdraw from any such county [educational audiovisual center] commission, the same shall be dissolved [and] . Except as otherwise provided in this section, the property of [such center] the commission shall be disposed of at a public or private sale and one half of the amount realized therefrom, together with one half of any unexpended balances remaining in the treasury of [such center] the commission, shall be paid to the state treasurer to be devoted to the maintenance and support of the public schools and the remainder thereof shall be apportioned among the board of education participating in [said center] the commission at the time of its dissolution on the basis of the total average daily enrollment of the pupils of said district ascertained as hereinbefore provided. The withdrawal of a school district shall become effective on July 1 of the year following receipt of the notification of intention to withdraw, provided that the notification was received on or before August 1.

When the withdrawal of several participating school districts from a county commission causes the continued operation of the center to be unreasonable for financial reasons, the county commission may elect to dissolve the center upon a three-fourths vote of the authorized membership of the commission, provided that:

a. two-thirds of the boards of education of the remaining participating school districts adopt a resolution requesting the dissolution by a two-thirds majority roll call vote of the authorized members of each of those boards of education; and

b. the county superintendent or superintendents of the county or counties affected concur that the dissolution best serves the educational needs of the county's students.

(cf: N.J.S.18A:51-12)

14. (New section) Two or more county centers may, by resolutions adopted by their operating county commissions, merge to form a "regional instructional media and educational technology services center", hereinafter referred to as "regional center." A resolution shall be adopted by a majority vote of the authorized membership of each of the county commissions. In the event of a merger, the property of the county commission, including any unexpended balances remaining in the treasury of the commission, shall become the property of the regional commission.

15. (New section) The supervision, management and control of a regional center shall be vested in a "regional instructional media and educational technology services commission," hereinafter referred to as "regional commission," which shall consist of an odd number of not fewer than seven members, as determined by the commission, who shall serve without compensation. There shall be three classes of members as follows:

a. county members shall be elected so that there shall be an equal number of county members for each county whose county commission elects to join a regional center, but limited to the following:

(1) when there are two or three participating counties, there shall not be fewer than two county members per county; and

(2) when there are four or more participating counties, there shall not be fewer than one county member per county.

County members shall be either members of a participating board of education or appropriately certificated personnel employed by a participating school district in a participating county.

b. one librarian member shall be selected, who shall be either the county librarian of one of the participating counties or a librarian at a library supported in whole or in part by public funds from one of the participating counties.

c. members-at-large shall be elected in such numbers as deemed necessary by the commission, provided that the number of members-at-large shall be fewer than one-half of the total regional commission membership.

The county superintendents of the counties served by the regional center shall select from their number a county superintendent who shall serve as a member ex officio and as secretary of the commission, but who shall vote only to break a tie vote of the commission.

16. (New section) a. At the meeting of each county school board association of the participating counties, immediately preceding July 1 in the initial year of operation, the county members of the regional commission shall be elected. One-half of the county members shall serve a term of one year and one half shall serve a term of two years; if there are five county members, then three shall serve for a term of two years and two shall serve for a term of one year. Each county commission shall select from its membership a candidate or candidates for county member of the regional commission and shall present the candidate or candidates for election to the county school board association. The vote of a majority of the members of the boards of education of the participating school districts present and voting shall be necessary for election.

Successors to county members whose terms expire shall be elected as described above before July 1 for a term of two years. Vacancies in an unexpired county member seat shall be filled by the county superintendent of schools for the county in which the vacancy occurs and shall be for the unexpired term only.

b. The librarian member shall serve a term of office of three years, and by July 1 of every third year shall be appointed by mutual agreement of the county superintendents of schools for the counties served by the regional center. Vacancies in an unexpired library member seat shall be filled by the mutual agreement of the county superintendents of schools for the counties served by the regional center, and the member shall serve for the unexpired term.

c. Members-at-large shall serve for a term of one year. If, for the initial year of operation, the number of county members and the librarian member are fewer than seven, the county superintendents of schools for the counties served by the regional center shall, by mutual agreement, appoint by July 1, a sufficient number of members-at-large to cause the number of members to be seven. At its option, the regional commission may elect additional members-at-large by a majority vote of the full commission. Vacancies in an at-large seat shall be filled if the failure to fill the seat results in a commission of fewer than seven members; otherwise, the commission may elect to fill the seat but is not required to do so. A member filling a vacancy shall be elected by the majority vote of the authorized membership of the commission.

17. (New section) Each regional commission shall organize by the election of a chairperson and a vice chairperson from its own membership and shall adopt rules for the establishment and maintenance of the regional center. The county treasurer in the county in which the regional center is located shall serve without compensation as the custodian of all moneys and funds of the regional commission. However, in the event the person is unwilling or unable to serve, the county treasurer from another county within the commission's jurisdiction may agree to serve, subject to the approval of the county superintendents of the counties in the commission's jurisdiction.

The county treasurer as the custodian shall keep the moneys and funds in a separate and distinct account and shall disburse the same on orders signed by the chairperson and secretary of the commission. Before entering upon the duties as custodian, the county treasurer shall be required to give additional bond or to renew the bond as county treasurer in such a manner as to cover and secure the faithful performance of the duties as custodian, and any additional premium shall be paid by the commission. A regional commission may employ a school business administrator on a shared or non-shared basis.

18. (New section) a. A county or regional commission may, by a resolution adopted by a majority vote of its authorized membership, elect to merge with an existing shared services organization, such as an educational services commission, a special services school district, a jointure commission, or a similar intermediate organization, provided that the shared services organization so agrees by a majority vote of the authorized membership of its governing unit and also agrees to provide services to the same jurisdiction to which the commission provides services. The supervision, management and control of a center which has been merged with a shared services organization shall be mutually negotiated between the commission and the shared services organization. Upon the organization of the shared services organization, the county superintendent or superintendents of the participating county or counties shall declare the county or regional commission to be dissolved and shall notify all participating school districts of the shared services organization's assumption of the commission's obligations.

b. In the event of a merger, the property of the county or regional commission, together with the unexpended balances remaining in its treasury, shall become the property of the shared services organization. The shared services organization shall assume the responsibilities that previously were assumed by the county or regional commission, as negotiated between the shared services organization and the county or regional commission.

c. When a regional commission is to be dissolved, and the dissolution will result in instructional media and educational technology services no longer being provided to the current participating districts through a regional center, the plan for the dissolution of the regional commission shall define the manner in which the assets are to be disposed of and distributed equitably among the boards of education of the participating school districts at the time of dissolution. The disposal and distribution shall be consistent with the center's annual assessment process or with such other manner by which it obtains funding from the district or districts for which it provides services.

19. (New section) When there is no existing county or regional center providing services to a county, a board of education in a county that wishes its school district to participate in a center may elect to join an existing county or regional center in another county. However, where there is an existing county or regional center providing services to a county, a board of education that elects to participate in a center shall participate in the center providing services to that county.

20. This act shall take effect immediately.

STATEMENT

This bill provides the authority for modernizing and consolidating educational audiovisual aids centers. Recognizing that educational technology has greatly advanced from the 16mm film which was the principal media in the 1950's, the bill renames the centers as instructional media and educational technology services centers. The bill would permit the consolidation of these centers by providing the authority for two or more county centers to merge to form a regional center, and the authority for either a county center or a regional center to merge with an existing shared services organization.

The bill continues the vesting of the supervision, management and control of a county center in a county commission, whose eight members would serve without compensation. However, in light of the difficulty that commissions have in filing vacancies, the bill would remove the quotas that establish first and second-class members. Rather, the six members would either be chosen from the membership of the boards of education of the participating school districts or would be appropriately certificated persons employed by those districts. As under existing law, the seventh member is the librarian member, and the county superintendent would now be a member ex officio, but with the authority to vote only in case of a tie vote. At the meeting of the county school board association immediately preceding July 1 in each year, two members would be elected to the commission to serve a term of three years. The term of an elected library member would be increased from one to three years.

The supervision, management and control of a regional center would be vested in a regional commission, whose membership would consist of an odd number of not fewer than seven members as determined by the commission. The members would consist of three classes; county members, who may be either school board members or appropriately certificated persons employed by a participating district in a participating county and for whom the number per county would depend on the total number of participating counties; one librarian member; and members-at-large. The county members of the regional commission would be elected at the meeting of each county school board association of the participating counties prior to July 1. A county superintendent would be designated to serve as a member ex officio, but with the authority to vote only in case of a tie vote, and the county superintendent would also serve as secretary.

A county or regional commission could merge with a shared services organization that agrees to provide services to the same jurisdiction to which the commission provides services. In that case, the organization of the shared services organization would replace the organization of the county or regional commission. Upon organization, the county superintendent or superintendents of the participating county or counties would declare the county or regional commission dissolved and must notify all participating districts of the shared services organization's assumption of the commission's obligations.

The bill also expands the powers and duties of a commission and includes references to software, repairing equipment, and educational technology to reflect the increased range of services which may be provided. In addition, the entities with which a commission may contract has been expanded to provide flexibility in tailoring services to create contractual relationships that are maximally beneficial to the contracting parties.

The funding mechanism would likewise be flexible. Core lending services would be structured as assessments against the participating school districts on the basis of resident pupil enrollment as under existing law, and other services could be structured as a direct charge for contractually defined services. When the commission uses the assessment method, the bill provides the commission with the authority to establish minimum or maximum assessments. Assessments would take into account sending- receiving relationships and charter schools to ensure that assessments are based on students actually benefitting from services provided by the commission.

If there is no existing commission providing services to a county, a board of education wishing to participate in a commission could elect to join an existing county or regional commission in another county. The bill also has provisions regulating the dissolution of a county commission.

Revises operations of county educational audiovisual centers and authorizes establishment of regional centers.