SENATE, No. 1595

 

STATE OF NEW JERSEY

 

INTRODUCED OCTOBER 7, 1996

 

 

By Senators EWING and LYNCH

 

 

An Act concerning regional school districts and supplementing chapter 13 of Title 18A of The New Jersey Statutes.

 

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

 

    1. Notwithstanding the provisions of section 5 of P.L 1993, c.67 (C.18A:13-23.3) or any other law to the contrary, the board of education of any local school district constituting part of a limited purpose regional school district or the governing body of a municipality constituting a constituent district of a limited purpose regional school district or an all purpose regional school district may, by resolution or ordinance, petition the board of education of the regional school district to modify the basis of apportionment of the costs of the regional district to conform with subsection b. of N.J.S. 18A:13-23.

    

    2. Within 45 days of receipt of the petition, the board of education of the regional district shall conduct a hearing to determine whether the manner in which the annual or special appropriations, including the amounts to be raised for interest upon, and the redemption of, bonds payable by the regional district is apportioned among the municipalities included within the regional district shall be modified to conform with subsection b. of N.J.S.18A:13-23. The board shall have the authority to extend the time to conduct a hearing for an additional 30 days.

 

    3. Within 30 days of the hearing, the board of education of the regional district shall provide through the adoption of a resolution that the current manner in which the annual or special appropriations, including the amounts to be raised for interest upon, and the redemption of, bonds payable by the regional district is apportioned among the municipalities included in the regional district be modified to conform with subsection b. of N.J.S.18A:13-23 upon finding that:

    a. the annual per pupil expenditure of the petitioning party is at least 100% more than the average per pupil expenditure of the other members of the regional school district in the current and prior budget years; and

    b. the enrollment of the petitioning party is 5 % or less of the total regional school district enrollment in the current and prior budget years; and

    c. the regional district has not revised the basis of its apportionment of costs pursuant to section 5 of P.L.1993, c.67 (C.18A:13-23.3).

 

    4. The reapportionment of the annual or special appropriations for the regional school district pursuant to section 3 of this act, including the amounts to be raised for interest upon, and the redemption of bonds payable by the district, may be phased in over a period not to exceed four years by any combination of apportionment based upon equalized valuations pursuant to subsection a. of N.J.S.18A:13-23 and pupil enrollments pursuant to subsection b. of N.J.S.18A:13-23.

 

    5. Upon the failure of the board of education of the regional district to comply with section 2 or section 3 of this act or to phase in the reapportionment of costs over a period not exceeding four years as provided under section 4 of this act, a constituent school district may:

    a. withdraw from the regional school district upon certification by its board of education or the governing body of the municipality constituting the constituent district that the regional board of education failed to comply with the provisions of this act. Withdrawal shall not occur until the school district has been admitted to an existing regional school district or has become part of a newly formed regional school district pursuant to N.J.S.18A:13-34 and N.J.S.18A:13-35 or has entered into a sending-receiving relationship pursuant to N.J.S.18A:38-8, or

    b. institute enforcement proceedings with the appropriate court to compel the regional board of education to comply with the provisions of this act.

 

    6. Notwithstanding the provisions of N.J.S.18A:13-43 and N.J.S.18A:13-44, or any other law to the contrary, a constituent school district which withdraws from a regional school district pursuant to subsection a. of section 5 of this act shall be admitted to an existing regional school district upon the adoption of a resolution by its board of education or the governing body of the municipality constituting the constituent district and the board of education of the regional school district which the constituent district is seeking to join approving the inclusion of the school district within the regional district. Copies of the resolutions shall be forwarded to the county superintendent or superintendents of the counties in which the districts are situate. The county superintendent or superintendents shall notify the Commissioner of Education and the enlargement of the regional district by the admission of the new constituent district shall become effective on the 20th day following the adoption of the resolution by the regional school district.

 

    7. Notwithstanding the provisions of N.J.S.18A:13-8, N.J.S.18A:13-36, N.J.S.18A:13-46, or any other law to the contrary, the board of education of a regional school district which admits a new constituent school district by resolution pursuant to section 6 of this act shall be increased by one additional board member who shall represent the new constituent district and shall be appointed by the county superintendent of the county in which the new constituent district is situate. In the event this results in the board consisting of an even number of members, the board shall be increased by a second additional member to be apportioned among the other constituent districts of the regional school district as determined by the county superintendent or superintendents of the county or counties in which the constituent districts of the enlarged district are situate. The members so appointed shall serve until the first Monday succeeding the first annual school election of the enlarged regional school district and their successors shall be elected at that election.

 

    8. Notwithstanding any provisions of law to the contrary, a constituent district withdrawing from a regional school district pursuant to subsection a. of section 5 of this act shall within one year of the withdrawal enter into an agreement with the board of education of the regional school district for the payment of the withdrawing district's share of the debt incurred by the regional district prior to withdrawal. The agreement shall be approved by the county superintendent of the county in which the regional district is situate.

 

    9. Any reapportionment of costs pursuant to section 3 of this act shall be effective at the next annual school election unless determined within 90 days of the annual school election in which case the reapportionment of costs shall be effective at the next subsequent annual school election.

 

    10. A limited purpose regional school district or an all purpose regional school district subject to reapportionment of costs pursuant to section 3 of this act shall not institute a modification of the basis of its apportionment of costs pursuant to section 5 of P.L.1993, c.67 (C.18A:13-23.3), without the prior approval of the Commissioner of Education.

 

    11. This act shall take effect immediately.


STATEMENT

 

     This bill provides that the board of education of any local school district constituting part of a limited purpose regional school district or the governing body of the municipality constituting a constituent district of a limited purpose regional school district or an all purpose regional school district may petition the board of education of the regional school district to adopt a per pupil basis formula pursuant to subsection b. of N.J.S.18A:13-23, as the basis of the apportionment of costs of the regional school district.

       The bill provides that the board of education of a regional school district is required to adopt a per pupil basis formula upon finding that: (1) the annual per pupil expenditure of the petitioning party is at least 100% more than the average per pupil expenditure of the other members of the regional school district in the current and prior budget years; (2) the enrollment of the petitioning party is 5 % or less than the total regional school district enrollment in the current and prior budget years; and (3) the district has not revised the basis of its apportionment of costs pursuant to section 5 of P.L.1993, c.67 (C.18A:13-23.3). The bill provides that if the petition is granted, the apportionment of costs may be phased in over a period not to exceed four years by any combination of apportionment based upon equalized valuations pursuant to subsection a. of N.J.S.18A:13-23 or pupil enrollments pursuant to subsection b. of N.J.S.18A:13-23.

    The bill provides that the board of education of the regional district is required to conduct a hearing within 45 days of the receipt of a petition to modify the district's cost apportionment basis. In addition, the board within 30 days of a hearing's conclusion, is required to make a determination on the petition. Upon the failure of the board of education of the regional district to comply with this act, the petitioning constituent district may withdraw from the regional school district upon it being admitted to an existing regional school district, becoming part of a newly formed regional school district or entering into a sending-receiving relationship. In addition, rather than withdrawal, the petitioning constituent district may institute enforcement proceedings with the appropriate court to compel the regional board of education to comply with the bill's provisions.

      The bill also provides that notwithstanding the provisions of N.J.S.18A:13-43 and N.J.S.18A:13-44, or any other law to the contrary, a constituent district which withdraws from the regional school shall be admitted to an existing regional school district without voter approval upon the adoption of a resolution by the constituent district's board of education or governing body of the municipality constituting the constituent district and the board of education of the regional school district which the school district is seeking to join approving the inclusion of the school district within the regional district. The enlargement of the regional district by the admission of the new constituent district shall become effective on the 20th day following the adoption of the resolution by the regional school district.

    In addition, notwithstanding the provisions of N.J.S.18A:13-8, N.J.S.18A:13-36, N.J.S.18A:13-46, or any other law to the contrary, the board of education of a regional school district which admits a new constituent school district by resolution pursuant to the bill's provisions shall add one additional board member to the regional board of education who shall represent the new constituent district and shall be appointed by the county superintendent of the county in which the new constituent district is situate. In the event this results in the board consisting of an even number of members, the board shall have a second additional member appointed to be apportioned among the other constituent districts of the regional school district as determined by the county superintendent of the county or counties in which the constituent local districts of the enlarged district are situate.

     Finally, a constituent district withdrawing from a regional school district shall within one year of the withdrawal enter into an agreement with the board of education of the regional school district for the payment of the withdrawing district's share of the debt incurred by the regional district prior to withdrawal. The agreement shall be approved by the county superintendent of the county in which the regional district is situate.

 

 

                             

 

Permits members of regional school districts to petition for modification of the apportionment of costs.