SENATE, No. 2296

STATE OF NEW JERSEY

INTRODUCED DECEMBER 1, 1997

By Senator PALAIA

An Act concerning school business administrators and amending N.J.S.18A:17-14.1, N.J.S.18A:28-5 and P.L.1996, c.111.

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

    1. N.J.S.18A:17-14.1 is amended to read as follows:

    18A:17-14.1. A board or the boards of two [or more] districts may, under rules and regulations prescribed by the State board, appoint a school business administrator by a majority vote of all the members of the board, define his duties, which may include serving as secretary of one of the boards, and fix his salary, whenever the necessity for such appointment shall have been agreed to by the county superintendent of schools or the county superintendents of schools of the counties in which the districts are situate and approved by the commissioner and the State board. A school business administrator shall be appointed in the manner provided in this section, however when the boards of education of two [or more] school districts determine to share a school business administrator, the appointment shall comply with the provisions of section 4 of P.L.1996, c.111 (C.18A:17-24.1).

    Nothing in P.L.1996, c.111 (C.18A:17-24.1 et al.) shall prohibit a school district from subcontracting its school business administrator to another school district pursuant to the provisions of P.L.1973, c.208 (C.40:8A-1 et seq.) , in which case credit toward tenure acquisition shall accrue only in the primary district of employment. The provisions of P.L.1996, c.111 (C.18A:17-24.1 et al.) concerning the arrangement to share a school business administrator by two [or more] school districts shall not apply when a school district subcontracts its school business administrator to another school district.

(cf: P.L.1996, c.111, s.1)

    2. Section 4 of P.L.1996, c.111 (C.18A:17-24.1) is amended to read as follows:

    4. The boards of education of two or more school districts may share a superintendent [or] and the boards of education of two school districts may share a school business administrator[, or both]. Boards of education may share both a superintendent and a school business administrator. A shared superintendent or business administrator shall be subject to the same rules governing eligibility for employment as are superintendents or business administrators of a single district. The decision to share a school business administrator shall be made jointly by the boards of education of the districts, in consultation with the superintendents of the respective districts, subject to the final approval of the Commissioner of Education. The decision to share a superintendent shall be made jointly by the boards of education of the districts, subject to the final approval of the Commissioner of Education. The procedure shall be as follows:

    a. Should [two or more] districts, after careful study and opportunity for community input, decide to share a superintendent or school business administrator, the districts shall mutually prepare a report for submission to the county superintendent or county superintendents if the districts are in different counties. The report shall outline the anticipated advantages to the districts and the feasibility of a shared arrangement. The report shall set forth a plan explaining how the shared arrangement will operate, and shall also address such items as community support for the arrangement, effect on services to the respective districts, division of the superintendent's or business administrator's time between the districts, availability of administrative backup, likelihood of situations creating conflict of interest, and financial advantages of the arrangement.

    b. The county superintendent or superintendents shall review the plan and forward a recommendation to the Commissioner of Education who shall approve or disapprove the plan.

(cf: P.L.1996, c.111, s.4)

    3.    Section 8 of P.L.1996, c.111( C.18A:17-24.5) is amended to read as follows:

    8. The position of shared superintendent or shared business administrator shall not be a tenurable position. If [two or more] boards of education appoint an individual from within one of the school districts to a shared position, the individual shall retain all tenure rights accrued in the positions in which he previously served within the district. However, in no event shall the districts be required to appoint a tenured individual from within any of the districts to fill a shared position.

(cf: P.L.1996, c.111, s.8)

    4.    Section 12 of P.L.1996, c.111( C.18A:17-24.9) is amended to read as follows:

    12. The provisions of P.L.1996, c.111 (C.18A:17-24.1 et al.) shall govern the sharing of a superintendent or school business administrator by [two or more] boards of education and shall not be deemed inconsistent with the provisions of P.L.1973, c.208 (C.40:8A-1 et seq.) insofar as that act may authorize the subcontracting of school district administrative services.

(cf: P.L.1996, c.111, s.12)

    5. N.J.S.18A:28-5 is amended to read as follows:

    18A:28-5. The services of all teaching staff members employed in the positions of teacher, principal, other than administrative principal, assistant principal, vice-principal, assistant superintendent, and all school nurses including school nurse supervisors, head school nurses, chief school nurses, school nurse coordinators, and any other nurse performing school nursing services and such other employees as are in positions which require them to hold appropriate certificates issued by the board of examiners, serving in any school district or under any board of education, excepting those who are not the holders of proper certificates in full force and effect and school business administrators shared by two [or more] school districts, shall be under tenure during good behavior and efficiency and they shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming such a teaching staff member or other just cause and then only in the manner prescribed by subarticle B of article 2 of chapter 6 of this Title, after employment in such district or by such board for:

    (a) Three consecutive calendar years, or any shorter period which may be fixed by the employing board for such purpose; or

    (b) Three consecutive academic years, together with employment at the beginning of the next succeeding academic year; or

    (c) The equivalent of more than three academic years within a period of any four consecutive academic years.

    For purposes of this chapter, tenure in any of the administrative or supervisory positions enumerated herein shall accrue only by employment in that administrative or supervisory position. Tenure so accrued shall not extend to any other administrative or supervisory position and nothing herein shall limit or restrict tenure rights which were or may be acquired pursuant to N.J.S.18A:28-6 in a position in which the individual actually served.

(cf: P.L.1996, c.111, s.3)

    6. This act shall take effect immediately.

STATEMENT

    This bill provides that only two school districts may share a school business administrator. Under current law two or more school districts are permitted to share a school business administrator.

Permits only two school districts to share a school business administrator.