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Introduced June 8 2006, part of Roberts' CORE PLAN package of bills initiated to address overhaul of public school system. After review, GSCS will report out on its position on this legislation.
ASSEMBLY, No. 54
STATE OF NEW
212th LEGISLATURE
INTRODUCED JUNE 8, 2006
Sponsored by:
Assemblyman JOSEPH J. ROBERTS, JR.
District 5 (
SYNOPSIS
Revises title and duties of county superintendent of schools.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the office of executive county superintendent of schools and revising parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of
1. N.J.S.18A:7-1 is amended to read as follows:
18A:7‑1. a. The [commissioner] Governor, upon the recommendation of the commissioner, shall appoint for each county, [with the approval of the state board,] a suitable person, who holds an appropriate certificate issued pursuant to this title and who has been a resident of the [state] State for at least three years immediately preceding [his] the appointment, to be the executive county superintendent of schools, who shall serve, unless sooner removed pursuant to law, for a [term of three years and thereafter until his successor is appointed and shall qualify] two-year term. The superintendent may be re-appointed by the Governor on the basis of a satisfactory performance assessment required pursuant to subsection b. of this section. A person who is serving as a county superintendent of schools on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be eligible for appointment as the executive county superintendent of schools. The executive county superintendent of schools shall report to the Commissioner of Education or to a person designated by the commissioner.
b. An executive county superintendent shall be subject to a biennial performance assessment. The performance of the superintendent shall be assessed by the Commissioner of Education based on the ability of the superintendent to effectuate administrative and operational efficiencies and cost savings within the school districts located in the county, while enhancing the effectiveness of the districts in providing a thorough and efficient system of education, and on the capacity of the school districts in the five key components of school district effectiveness under the New Jersey Quality Single Accountability Continuum: instruction and program; personnel; fiscal management; operations; and governance. In establishing the standards for assessing the performance of the superintendent in facilitating administrative efficiencies, the commissioner shall include such factors as administrator-to-teacher ratios, administrator-to-student ratios, and per-pupil administrative expenditures.
(cf: N.J.S.18A:7-1)
2. N.J.S.18A:7-2 is amended to read as follows:
18A:7‑2. The commissioner may designate any one of his assistant commissioners or, with the approval of the State board, another suitable person to exercise the powers and perform the duties of the executive county superintendent without additional compensation:
a. During any period when [a] an executive county superintendent shall be unable to perform his duties by reason of illness, physical disability or for any other cause; and
b. During any period when the office of executive county superintendent shall be vacant in any county by reason of the death or resignation of the incumbent or for any other cause.
(cf: P.L.1971, c.432, s.1)
3. N.J.S.18A:7-3 is amended to read as follows:
18A:7‑3. [A] An executive county superintendent of schools shall receive such salary as shall be approved by the commissioner and [the president of the civil service commission subject to availability of funds] shall receive a salary which is not greater than the salary of a cabinet-level official of the State.
Each executive county superintendent shall receive, in addition to his salary, the traveling and other expenses incurred by him in conducting his office and performing his official duties, which shall be paid by the county treasurer on the orders of the commissioner, upon his furnishing to the commissioner an itemized statement thereof certified under his oath, together with proper vouchers, and no such order shall be issued until such statement and vouchers are so furnished.
(cf: N.J.S.18A:7-3)
4. N.J.S. 18A:7-4 is amended to read as follows:
18A:7‑4. The commissioner shall, subject to appeal to the [state] State board, cause to be withheld the orders for the payment of the salary and expenses of any executive county superintendent, who shall fail to perform faithfully all of the duties imposed upon him by this chapter or by the rules of the [state] State board, until he shall have performed all of such duties.
(N.J.S.18A:7-4)
5. N.J.S.18A:7-5 is amended to read as follows:
18A:7‑5. Each executive county superintendent shall devote his entire time to the duties of his office, and he shall have general supervision of all of the public schools of the districts of the county except those city school districts in which there shall have been appointed superintendents of schools.
(cf: N.J.S.18A:7-5)
6. N.J.S.18A:7-6 is amended to read as follows:
18A:7‑6. The executive county superintendent shall maintain an office at a suitable location within the county which shall be open to the public as are other county offices and which shall be supplied to him, and shall be suitably furnished and equipped, by the board of chosen freeholders of the county, and the school records of the county for the use of the county and State Departments of Education, the United States Office of Education and the United States Commissioner of Education shall be kept at such office.
(cf: P.L.1968, c. 470, s.1)
7. N.J.S. 18A:7-7 is amended to read as follows:
18A:7‑7. The executive county superintendent shall appoint such clerical assistants for his office as he shall deem necessary and fix their compensation within the limits of available appropriations made thereof. In counties governed by Title [11] 11A, Civil Service, of the [Revised] New Jersey Statutes, such appointments shall be made and compensation shall be fixed pursuant to the provisions thereof, and in all other counties the compensation of such clerical assistants shall be fixed on a basis commensurate with that of other county employees performing similar duties.
(cf: N.J.S.18A:7-7)
8. N.J.S.18A:7-8 is amended to read as follows:
18A:7‑8. Each executive county superintendent shall:
a. Visit and examine from time to time all of the schools under his general supervision and exercise general supervision over them in accordance with the rules prescribed from time to time by the [state] State board;
b. Keep himself informed as to the management, methods of instruction and discipline and the courses of study and textbooks in use, the condition of the school libraries, and the condition of the real and personal property, particularly in respect to the construction, heating, ventilation and lighting of school buildings, in the local districts under his general supervision, and make recommendations in connection therewith;
c. Advise with and counsel the boards of education of the local districts under his general supervision and of any other district of the county when so requested, in relation to the performance of their duties;
d. Promote administrative and operational efficiencies and cost savings within the school districts in the county while ensuring that the districts provide a thorough and efficient system of education;
e. Based on standards adopted by the commissioner, recommend to the commissioner that certain school districts be required to enter arrangements with one or more other school districts or educational services commissions for the consolidation of the district’s administrative services;
f. Recommend to the commissioner the elimination of laws the executive county superintendent determines to be unnecessary State education mandates, other than the categories of laws set forth in section 3 of P.L.1996, c.24 (C.52:13H-3);
g. Have the authority to eliminate non-operating districts located in the county;
h. No later than three years following the effective date of c. (C. ) (pending before the Legislature as this bill), recommend to the commissioner a school district consolidation plan to eliminate all districts other than preschool or kindergarten through grade 12 districts in the county through the establishment or enlargement of regional school districts. After the approval of the plan by the commissioner, the executive county superintendent shall require each board of education covered by a proposal in the plan to conduct a special school election, at a time to be determined by the executive county superintendent, and submit thereat the question whether or not the executive county superintendent’s proposal for the regionalization of the school district shall be adopted. The question shall be deemed adopted if it receives a vote in accordance with the provisions of N.J.S.18A:13-5. If the question is adopted by the voters, then the regional district shall be established or enlarged in accordance with chapter 13 of Title 18A of the
i. Promote coordination and regionalization of pupil transportation services through means such as reviewing bus routes and schedules of school districts within the county;
j. Review and approve according to standards adopted by the commissioner all employment contracts for superintendents of schools, assistant superintendents of schools, and school business administrators in school districts in the county, prior to the execution of those contracts;
k. Request the commissioner to order a forensic audit and to select an auditor for any school district in the county upon the determination by the executive county superintendent, according to standards adopted by the commissioner, that the accounting practices in the district necessitate such an audit;
l. Review all school budgets of the school districts within the county, and may, pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5), disapprove a portion of a school district’s proposed budget if he determines that the district has not implemented all potential efficiencies in the administrative operations of the district or if he determines that the budget includes excessive non-instructional expenses. If the executive county superintendent disapproves a portion of the school district’s budget pursuant to this paragraph, the school district shall deduct the disapproved amounts from the budget prior to presenting the budget to the voters;
m. Permit a district to submit to the voters a separate proposal or proposals for additional funds pursuant to paragraph (9) of subsection d. of section 5 of P.L.1996, c.138 (C.18A:7F-5), only if: (1) the district provides the executive county superintendent with written documentation that the district has made efforts to enter into shared arrangements with other districts, municipalities, counties, and other units of local government for the provision of administrative, business, purchasing, public and nonpublic transportation, and other required school district services; (2) the district certifies and provides written documentation that the district participates in on-going shared arrangements; or (3) the district certifies and provides written documentation that entering such shared arrangements would not result in cost savings or would result in additional expenses for the district;
n. Promote cooperative purchasing within the county of textbooks and other instructional materials;
o. Render a report to the commissioner annually on or before September 1, in the manner and form prescribed by him, of such matters relating to the schools under his jurisdiction as the commissioner shall require; and
[e.] p. Perform such other duties as shall be prescribed by law.
(cf: N.J.S. 18A:7-8)
9. N.J.S.18A:7-9 is amended to read as follows:
18A:7‑9. The executive county superintendent may, without charge, administer oaths.
(cf: N.J.S.18A:7-9)
10. N.J.S.18A:7-10 is amended to read as follows:
18A:7‑10. Each executive county superintendent shall, on or before December 1 of each year, furnish to the board of chosen freeholders of the county a statement of the amounts estimated to be necessary to be appropriated for the ensuing year for:
a. the compensation of his clerical assistants;
b. the supplying of furniture, supplies and equipment for his office;
c. printing; and
d. traveling and other expenses incident to the conduct and the performance of his official duties of his office incurred by him.
The board of chosen freeholders shall fix and determine the amounts necessary to be appropriated for such purposes and shall appropriate the same accordingly.
(cf: N.J.S.18A:7-10)
11. Section 2 of P.L.1975, c.360 (C.18A:13-52) is amended to read as follows:
2. The executive county superintendent shall, within 60 days after such request, file with the governing bodies of the municipalities constituting the regional district and the boards of education of all of the constituent school districts and the board of education of the regional school district a report containing a statement of the current assets and operating expenses of the regional district for the then current year and such financial, educational and other information as he may deem necessary to enable said governing bodies and local boards of education and regional board of education to form an intelligent judgment as to the advisability of the proposed withdrawal or dissolution and the effect thereof upon the educational and financial condition of the withdrawing district and the regional district, or upon each of the constituent districts in the event of a dissolution and setting forth the amount of indebtedness, if any, to be assumed by the withdrawing and the regional districts, or by each constituent district in the event of a dissolution, calculated as hereinafter provided. The report, in discussing the educational and financial effect of the withdrawal or dissolution, shall include the effect thereof upon the administrative and operational efficiencies, and the resultant cost savings or cost increases, in the withdrawing and the regional districts, or by each constituent district in the event of a dissolution.
The executive county superintendent may require the constituent municipalities and school districts and the regional district to submit a feasibility study in order to determine the educational and financial impact of the withdrawal from, or dissolution of, the limited purpose regional district. In the event the executive county superintendent requests a feasibility study to be conducted, the executive county superintendent's report required pursuant to this section shall be filed within 60 days following submission of the feasibility study.
(cf: P.L.1993, c.255, s.2)
12. (New section) The commissioner shall appoint an executive county business official to serve in the office of the executive county superintendent of schools for a term of two years. Based on criteria developed by the commissioner, the executive county business official shall be subject to a biennial performance assessment. The business official may be re-appointed on the basis of a satisfactory performance assessment.
13. (New section) A local school district may apply to the executive county superintendent of schools to have school district services including, but not limited to, transportation, personnel, purchasing, payroll, and accounting, assumed by the office of the superintendent. If the executive county superintendent determines to assume a service, a fee may be assessed the school district for the service. The executive county superintendent of schools may utilize county special services school districts, jointure commissions, and educational services commissions to provide services to local school boards.
14. (New section) When the office of county superintendent is vacated through the completion of a current term or for any other reason, the Governor, upon the recommendation of the Commissioner of Education, shall appoint an executive county superintendent of schools pursuant to N.J.S.18A:7-1 and the commissioner shall appoint an executive county business official pursuant to section 12 of P.L. c. (C. ) (pending before the Legislature as this bill).
15. (New section) If an executive county superintendent of schools recommends to the commissioner the elimination of unnecessary State education mandates pursuant to subsection f. of N.J.S.18A:7-8 and the commissioner agrees with the recommendation, the commissioner shall submit a proposal to eliminate the State education mandate to the President of the Senate and the Speaker of the General Assembly. The submission shall include appropriate supporting information including, but not limited to, a detailed description of the mandate, the reasons why the mandate is not necessary, and the cost savings to be realized by the elimination of the mandate. If the Legislature does not disapprove the proposal by the adoption of a concurrent resolution within 90 days, the proposal shall be deemed to be approved and the mandate shall be eliminated.
16. (New section) Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the office of the county superintendent of schools, the same shall mean and refer to the office of the executive county superintendent of schools.
17. (New section) An executive county superintendent of schools shall not accept employment in any school district which was under his supervision in that position for a period of two years commencing on the day his term as executive county superintendent terminates.
18. (New section) Notwithstanding the provisions of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Commissioner of Education shall be authorized to adopt regulations to effectuate the provisions of this act and the regulations shall be deemed adopted and effective immediately upon filing with the Office of Administrative Law.
19. This act shall take effect immediately.
STATEMENT
(This is the summary statement attached to A54: the full bill can be found at http://www.njleg.state.nj.us/2006/Bills/A0500/54_I1.HTM )
This bill changes the title of the county superintendent of schools to the executive county superintendent of schools, revises the terms of employment and the duties of the superintendent, and provides for the appointment of the superintendent by the Governor, upon the recommendation of the Commissioner of Education. An executive county superintendent of schools would serve for a term of two years and could be re-appointed for a subsequent term if the individual received a satisfactory performance assessment. The biennial performance assessment, conducted by the Commissioner of Education, would be based on the ability of the superintendent to effectuate administrative and operational efficiencies and cost savings within the school districts located in the county, while enhancing the effectiveness of the districts in providing a thorough and efficient system of education, and on the capacity of the school districts in the five key components of school district effectiveness under the New Jersey Quality Single Accountability Continuum. In establishing the standards for assessing the performance of the superintendent in facilitating administrative efficiencies, the commissioner is directed to include such factors as administrator-to-teacher ratios, administrator-to-students ratios, and per-pupil administrative expenditures. The bill also includes post-employment restrictions, prohibiting the executive county superintendent from being employed by one of the districts he supervised for two years after his term as superintendent terminates.
In addition to the current duties, an executive county superintendent of schools is charged with the duty to: promote administrative and operational efficiencies and cost savings within school districts while ensuring the provision of a thorough and efficient system of education; recommend to the commissioner the consolidation of certain districts’ administrative services; recommend to the commissioner the elimination of laws determined to be unnecessary State education mandates, except mandates that fall under certain categories of laws; have the authority to eliminate non-operating districts located in the county; no later than three years following the effective date of the bill, develop a plan to consolidate school districts in the county and require the affected districts to hold a referendum on the plan; promote the coordination and regionalization of pupil transportation services in the county; review and approve all employment contracts for superintendents of schools, assistant superintendents of schools, and school business administrators; request the commissioner to order forensic audits of school districts upon a determination by the superintendent that such an audit is warranted; and promote cooperative purchasing of textbooks and other instructional materials. The bill also provides that the executive county superintendent is required to review all school district budgets and may disapprove a portion of the school district’s proposed budget if he determines that the district has not implemented all potential efficiencies in the administrative operations of the district or if he determines that the budget includes excessive non-instructional expenses. The executive county superintendent must also require a school district, before it submits for voter approval a separate proposal for additional funds in order to spend above its cap, to provide him with certain written documentation concerning shared services with other units of local government.
The bill also provides for the appointment of an executive county business official to serve in the office of the executive county superintendent of schools for a term of two years. The executive county business official would also be subject to re-appointment based upon receiving a satisfactory performance assessment using criteria developed by the commissioner.
Under the bill, a local school district could apply to the executive county superintendent of schools to have services including, but not limited to, transportation, personnel, purchasing, payroll, and accounting assumed by the office of the superintendent. The executive county superintendent could assess a fee on the school district for any service he determines to provide. The executive county superintendent of schools could also utilize county special services school districts, jointure commissions, and educational services commissions to provide services to local school districts.
The bill also provides that if an executive county superintendent recommends to the commissioner the elimination of unnecessary State education mandates and the commissioner agrees, the commissioner will submit a proposal to eliminate the mandate to the presiding officer in the Senate and the General Assembly, and if the Legislature does not disapprove the proposal by the adoption of a concurrent resolution within 90 days, the proposal will be deemed to be approved and the mandate will be eliminated.
The bill amends an existing statute to require that the report prepared by the executive county superintendent when a constituent municipality seeks to withdraw from a limited purpose regional school district or when the district seeks to dissolve must also include information on the effects on the administrative and operational efficiencies, and the resultant cost savings or cost increases, in the withdrawing and the regional districts, or by each constituent district in the event of a dissolution.
Finally, the bill requires the appointment of an executive county superintendent of schools and an executive county business official when the office of county superintendent is vacated through the completion of a current term or for any other reason.
