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STATE OF NEW JERSEY
213th LEGISLATURE
INTRODUCED MAY 18, 2009
Identical bill in Assembly up for a vote also 5-21-09:
A3981 Authorizes borrowing by public school districts between June 8 and June 30 of the school budget year in certain circumstances. 2nd Reading in the Assembly
Sponsored by: Senator RICHARD J. CODEY District 27 (Essex)
SYNOPSIS
Authorizes borrowing by public school districts between June 8 and June 30 of the school budget year in certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning borrowing by public school districts, amending P.L.2003, c.97.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2003, c.97 (C.18A:22-44.2) is amended to read as follows:
1. a. Notwithstanding any provision of law, rule, or regulation to the contrary, in the event that a State school aid payment for the current school budget year is not made until the following school budget year, the payment shall be recorded as revenue for budget purposes only in the current school budget year.
b. Notwithstanding the provisions of N.J.S.18A:22-25 and section 1 of P.L.1968, c.384 (C.18A:22-44.1) or any other law, rule, or regulation to the contrary, if a board of education of a school district is notified by the Commissioner of Education that [a] one or more June State school aid [payment] payments will not be made until the following school budget year, and the district demonstrates through a written application to the commissioner the need to borrow and the commissioner approves that application, the board may borrow on or before June 30 of the current school budget year but not earlier than June [22] 8 of the current school budget year a sum not exceeding the amount of the delayed State school aid [payment] payments, and may execute and deliver promissory notes therefore through private sale or delivery thereof. The district shall pay the amount so borrowed together with interest thereon and costs thereof. The promissory notes shall mature on or prior to the date of payment of the delayed June State school aid [payment] payments, may be redeemable prior to maturity, shall have such terms and conditions as shall be accepted by the board, and shall be authorized by resolution adopted by the board, which resolution may be adopted prior to application to the commissioner contingent upon approval by the commissioner. The amount so borrowed shall constitute a general obligation of the board and shall not constitute gross debt for purposes of N.J.S.40A:2-43.
c. If a school district's application to the commissioner contains a determination letter from a lending bank certifying to the interest charges on the borrowing and if the district's application is approved by the commissioner, the State shall pay on behalf of the district the approved interest on the promissory notes in an amount calculated from the date of borrowing through the date of payment by the State of the delayed June State school aid [payment] payments and other approved costs of issuance. Any obligations of the State to make payments pursuant to this section shall not constitute a general obligation of the State or a debt or a liability within the meaning of the State Constitution. Any payments required to be made by the State pursuant to this section shall be subject to appropriation.
d. Each school district which issues promissory notes pursuant to this section shall certify to the State Treasurer the name and address of the paying agent, the maturity schedule, interest rate, and date of payment of debt service on the promissory notes within three days after the date of issuance of the promissory notes. Following receipt of the certification, the State Treasurer shall withhold from the amount of State school aid payable to the district an amount sufficient to pay the principal on the maturity date of the promissory notes. In the event that there are interest or issuance costs which are not approved by the commissioner pursuant to subsection c. of this section, the State Treasurer shall also withhold an amount sufficient to pay those unapproved costs. The State Treasurer shall, on or before the maturity date, forward the withheld amount to the paying agent for the purpose of paying the debt service on the promissory notes. Notwithstanding any provision of this section to the contrary, the State Treasurer's obligation to pay the paying agent pursuant to this subsection, other than those payments required to be made pursuant to subsection c. of this section, shall not exceed the amount of State school aid payable to the school district or the municipality.
e. Any negative unreserved, undesignated general fund balance that may be recorded as a direct result of a State aid payment for the current school budget year which is not made until the following school budget year shall not be considered a violation of any law or regulation and in need of corrective action.
f. The State Treasurer may, at his discretion, establish procedures and forms necessary to implement the provisions of this section. The State Treasurer may also adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement the provisions of this section.
(cf: P.L.2003, c.97, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill is a response to the unprecedented decline in State revenue collections in the Spring of 2009 as New Jersey saw April gross income tax collections plummet by $1.2 billion. The Governor announced his intention on May 15 to delay the June 8, 2009 State aid payment to school districts until the next school budget year. The bill ensures that schools districts will not experience any adverse impact from this action. This bill authorizes borrowing by public school districts between June 8 and June 30 if necessary to cover the amount of delayed June State school aid payments in the same manner allowed pursuant to P.L.2003, c.97.
P.L.2003, c.97, which was approved in June 2003, provides that if the Commissioner of Education notifies a school district that a June State school aid payment will not be made until the following school budget year, and the district demonstrates the need to borrow through submission of a written application to the commissioner and the commissioner approves the application, then the board of education may borrow on or before June 30, but not earlier than June 22, of the current school budget year, a sum not exceeding the amount of the delayed June State school aid payment. The State will then pay on behalf of the district the approved interest and other approved costs of the borrowing.
This bill provides that if the Commissioner of Education notifies a school district that one or more June State school aid payments will be delayed until the following school budget year and the district demonstrates the need to borrow, then the board of education may borrow on or before June 30, but not earlier than June 8, a sum not exceeding the amount of the delayed June State school aid payments.
See new terms via conditional veto below: SENATE, No. 1175
STATE OF NEW JERSEY
213th LEGISLATURE
INTRODUCED FEBRUARY 21, 2008
Sponsored by: Senator RONALD L. RICE District 28 (Essex)
SYNOPSIS
Requires certain districts to develop a program of after school activities and provides for voter approval of additional local funding.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning a comprehensive program of after school activities and supplementing chapter 6 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The board of education of each district which received preschool expansion aid or education opportunity aid in the 2007-2008 school year, in conjunction with the local governing body of the municipality in which the district is located, shall develop a plan for a comprehensive program of after school activities for students enrolled in the district.
b. The plan shall include, but need not be limited to, the following:
(1) the goals and objectives of the program and the ways in which it will serve the needs and interests of the students in the district;
(2) a detailed description of the recreational, academic and civic enrichment activities that will be offered pursuant to the program;
(3) the background and qualifications of personnel who will direct and supervise the program;
(4) a schedule of the days and hours during which the program will operate;
(5) the criteria which will be utilized to determine eligibility for student participation in the program;
(6) an estimate of the number of students who will be served by the program;
(7) an estimate of the overall cost of the program and the amount of general fund tax levy required to be raised by the district to support the program; and
(8) any other information which the board determines to be necessary.
c. After the plan has been developed, the board of education, in conjunction with the local governing body, shall conduct two public hearings to receive community input on the plan.
d. After the plan for the comprehensive program of after school activities has been adopted by resolution of the board of education, the amount of any additional general fund tax levy required to be raised by the district to implement the program required pursuant to this act shall be submitted to the voters of the district or the board of school estimate, as appropriate; except that the amount of any additional general fund tax levy shall not exceed $2,000,000. If approved by the voters or the board of school estimate, the amount so approved shall be assessed, levied and collected in the manner provided by law. If the voters or the board of school estimate does not approve the additional general fund tax levy, the district shall not be required to implement the plan developed pursuant to this act.
e. Any additional general fund tax levy raised to implement the comprehensive program of after school activities established pursuant to this act shall not be used to supplant State or local funds allocated to support after school programs operated by the district as of the effective date of this act.
f. Amounts raised for the comprehensive program of after school activities established pursuant to this act shall be accounted for in a special revenue fund and used solely for the purposes of the program.
g. The amount of any additional general fund tax levy raised in any budget year pursuant to subsection d. of this section shall be an adjustment to the district's tax levy growth limitation as calculated pursuant to section 3 of P.L.2007, c.62 (C.18A:7F-38) or the district’s spending growth limitation as calculated pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5), as applicable.
2. This act shall take effect immediately.
STATEMENT
This bill requires the board of education of each former Abbott district, in conjunction with the local governing body of the municipality in which the district is located, to develop a plan for a comprehensive program of after school activities.
The plan would include, but need not be limited to, the following:
· the goals and objectives of the program and the ways in which it will serve the needs and interests of the students in the district;
· a detailed description of the activities that will be offered;
· the background and qualifications of personnel who will direct and supervise the program;
· a schedule of the days and hours during which the program will operate;
· the criteria which will be utilized to determine eligibility for student participation;
· an estimate of the number of students who will be served by the program;
· an estimate of the overall cost of the program and the amount of general fund tax levy required to be raised by the district to support the program; and
· any other information which the board determines to be necessary.
Pursuant to the bill, after the plan has been developed, the board of education, in conjunction with the local governing body, must conduct two public hearings to receive community input on the plan.
After the plan for the comprehensive program of after school activities has been adopted by resolution of the board of education, the amount of any additional general fund tax levy required to be raised by the district to implement the program, which may not exceed $2,000,000, will be submitted to the voters of the district or the board of school estimate, as appropriate, for approval. The amount raised for this purpose will be considered a cap adjustment for the district.
Pursuant to the bill, the additional general fund tax levy will not be permitted to supplant any State or local funds allocated to support after school programs currently existing in the district. In addition, amounts raised to implement the comprehensive program of after school activities will be accounted for in a special revenue fund and used solely for the purposes of the program.
SENATE BILL NO. 1175
To the Senate:
Pursuant to Article V, Section I, Paragraph 14 of the New Jersey Constitution, I am returning Senate Bill No. 1175 with my recommendations for reconsideration.
A. Summary of Bill
This bill would require certain school districts, in conjunction with their municipal governments, to develop a plan for a program of after school activities for students. The bill would require that public input be considered in developing plans for such programs, which could be established upon voter approval of the program and its costs.
B. Recommended Action
I commend the sponsor of the bill for recognizing the benefits of engaging young people in organized and supervised after school activities. In addition to the peer interaction, leadership skills development, and health benefits of such programs, these programs assist young people by involving them in positive activities in a safe environment. I am advised, however, that it would be preferable to use different criteria to delineate the districts to which the bill would apply to avoid potential confusion. For this reason, I am recommending changes so that the bill reaches districts where many students are at-risk. While the type of programs described in the bill are different than the educational programming that may be offered under the School Funding Reform Act of 2008, L. 2007, c. 260, to assist students in the attainment of the Core Curriculum Content Standards, young people also may benefit from such organized after school activity programs.
Accordingly, I herewith return Senate Bill No. 1175 and recommend that it be amended as follows:
Page 2, Section 1, Line 8: After “a.” delete “The” and insert “In counties in which there is located a municipality that had a population of 60,000 persons or more, as reported in the latest federal decennial census published prior to enactment of this bill, the”
Page 2, Section 1, Lines 8 - 10: After “district” delete “which received preschool expansion aid or education opportunity aid in the 2007-2008 school year” and insert “that is a district factor group A or B school district that also is a kindergarten through grade 12 district with a concentration of at- risk pupils greater than 40%”
Respectfully,
/s/Jon S. Corzine
Governor
[seal]
Attest:
/s/William J. Castner, Jr.
Chief Counsel to the Governor
BILLS IN THE ASSEMBLY SESSION 5-21-09:
[First Reprint]
ASSEMBLY, No. 3185
STATE OF NEW JERSEY
213th LEGISLATURE
INTRODUCED SEPTEMBER 22, 2008
Sponsored by:
Assemblyman PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Assemblyman JOSEPH CRYAN
District 20 (Union)
Assemblywoman CAROLINE CASAGRANDE
District 12 (Mercer and Monmouth)
Assemblywoman PAMELA R. LAMPITT
District 6 (Camden)
Assemblyman JOSEPH VAS
District 19 (Middlesex)
Co-Sponsored by:
Assemblymen Rumana, Wolfe, Malone, Assemblywoman Handlin and Assemblyman O'Scanlon
SYNOPSIS
Requires that school districts use a model contract developed by the Commissioner of Education when employing a superintendent of schools.
CURRENT VERSION OF TEXT
As reported by the Assembly Education Committee on January 26, 2009, with amendments.
An Act concerning employment contracts for certain employees of school districts and supplementing chapter 17 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. An employment contract entered into between a board of education and a superintendent of schools shall be in writing using the model employment contract developed by the Commissioner of Education. The mandated model employment contract may be altered by the school district and prospective superintendent of schools only with the prior approval of the commissioner.
b. The commissioner 1, in consultation with the New Jersey School Boards Association and the New Jersey Association of School Administrators,1 shall develop a model employment contract for superintendents of schools. The model contract shall address, but need not be limited to, the following aspects of employment: salary, health insurance, pension benefits, sick days, and vacation leave. 1The model contract shall provide that salary, benefits, and other emoluments shall not exceed those of similarly credentialed and experienced superintendents in other districts in the region with similar enrollment, academic achievement levels and challenges, and grade span.1 The provisions of the model contract shall be in compliance with all applicable laws including, but not limited to, section 15 of P.L.2007, c.53 (C.18A:11-12), section 7 of P.L.2007, c.53 (C.18A:17-15.1), section 44 of P.L.2007, c.92 (C.18A:30-3.5), and section 46 of P.L.2007, c.92 (C.18A:30-9).
2. Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Commissioner of Education may adopt, immediately upon filing with the Office of Administrative Law, such rules and regulations as the commissioner deems necessary to effectuate the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) which shall be effective for a period not to exceed 12 months following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). The regulations shall thereafter be amended, adopted, or readopted by the commissioner in accordance with the provisions of P.L.1968, c.410 (C.52:14B-1 et seq.); and the commissioner shall, at a minimum, hold at least one public hearing in each of the north, central, and southern regions of the State within 60 days of the public notice of any regulations proposed by the commissioner to be amended, adopted, or readopted pursuant to that act.
3. This act shall take effect immediately and shall apply to contracts entered into or renewed on or after the 90th day following the effective date of the act.
[Second Reprint]
ASSEMBLY, No. 2975
STATE OF NEW JERSEY
213th LEGISLATURE
INTRODUCED JUNE 12, 2008
Sponsored by:
Assemblyman JOSEPH CRYAN
District 20 (Union)
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblyman JOSEPH VAS
District 19 (Middlesex)
Assemblyman PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Assemblywoman ELEASE EVANS
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblywoman Greenstein, Assemblymen O'Scanlon, Rumana, Malone, Assemblywoman Love, Assemblyman Schaer, Senators Turner and Beck
SYNOPSIS
Includes limitations on amount of retirement compensation which may be provided by a school board in the employment contracts of superintendents of schools, assistant superintendents of schools, and school business administrators.
CURRENT VERSION OF TEXT
As reported by the Senate Education Committee on October 16, 2008, with amendments.
An Act concerning the review and approval of certain employment contracts by executive county superintendents of schools and amending N.J.S.18A:7-8. Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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 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, who is hereby granted the authority to effectuate those recommendations, 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 districts located in the county that are not operating schools on the effective date of sections 42 to 58 of P.L.2007, c.63 (C.18A:7-11 et al.), in accordance with a plan submitted to the commissioner no later than one year following the effective date of sections 42 to 58 of P.L.2007, c.63 (C.18A:7-11 et al.);
h. No later than three years following the effective date of sections 42 to 58 of P.L.2007, c.63 (C.18A:7-11 et al.), recommend to the commissioner a school district consolidation plan to eliminate all districts, other than county-based districts and 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 New Jersey Statutes;
i. Promote coordination and regionalization of pupil transportation services through means such as reviewing bus routes and schedules of school districts and nonpublic schools 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 within the county, prior to the execution of those contracts 2[1; and review such employment contracts entered into prior to the effective date of P.L.2007, c.63 and void any provision of a contract that the executive county superintendent determines to be contrary to the standards1]2. The standards adopted by the commissioner shall prohibit a school board from providing in these employment contracts for any compensation upon retirement other than for 1[the amount of]1 2the amount of2 accumulated unused vacation and accumulated unused sick leave 1[permitted by law] 2[, except that notwithstanding the provisions of any law to the contrary, the amount provided for accumulated unused vacation shall not exceed $15,000 and the amount provided for accumulated unused sick leave shall not exceed $15,0001] permitted by law2 ;
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 publication of the budget, and during the budget year the school district shall not transfer funds back into those accounts;
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. Coordinate with the Department of Education to maintain a real time Statewide and district-wide database that tracks the types and capacity of special education programs being implemented by each district and the number of students enrolled in each program to identify program availability and needs;
p. Coordinate with the Department of Education to maintain a Statewide and district-wide list of all special education students served in out-of-district programs and a list of all public and private entities approved to receive special education students that includes pertinent information such as audit results and tuition charges;
q. Serve as a referral source for districts that do not have appropriate in-district programs for special education students and provide those districts with information on placement options in other school districts;
r. Conduct regional planning and identification of program needs for the development of in-district special education programs;
s. Serve as a liaison to facilitate shared special education services within the county including, but not limited to direct services, personnel development, and technical assistance;
t. Work with districts to develop in-district special education programs and services including providing training in inclusive education, positive behavior supports, transition to adult life, and parent-professional collaboration;
u. Provide assistance to districts in budgetary planning for resource realignment and reallocation to direct special education resources into the classroom;
v. Report on a regular basis to the commissioner on progress in achieving the goal of increasing the number of special education students educated in appropriate programs with non-disabled students;
w. 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
x. Perform such other duties as shall be prescribed by law.
Any budgetary action of the executive county superintendent under this section may be appealed directly to the commissioner, who shall render a decision within 15 days of the receipt of the appeal. If the commissioner fails to issue a decision within 15 days of the filing of an appeal, the budgetary action of the executive county superintendent shall be deemed approved. The commissioner shall by regulation establish a procedure for such appeals.
Nothing in this section shall be construed or interpreted to contravene or modify the provisions of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), or to limit or restrict the scope of negotiations as provided pursuant to law, or to require an employer to enter into a subcontracting agreement which affects the employment of any employee in a collective bargaining unit represented by a majority representative during the time that an existing collective bargaining agreement with the majority representative is in effect.
Nothing in this section is intended to interfere with a school district's ability to provide a thorough and efficient education.
(cf: P.L.2007, c.63, s.49)
2. This act shall take effect immediately
