Title 18A, Title 18A: EDUCATION

18A:18A-41. Liquidated damages; void provisions as to contractor's remedies 18A:18A-41. Liquidated damages. Any contract made pursuant to chapter 18A of Title 18A of the New Jersey Statutes may include liquidated damages for the violation of any of the terms and conditions thereo…

18A:18A-41.1 Regulations promulgated, school districts, encourage completion of construction projects on schedule. 23. a. Within 120 days of the effective date of P.L.2023, c.311 (C.18A:7G-5b et al.), the Commissioner of Education, in consultation with the New Jersey Schools Deve…

18A:18A-42 Multiyear contracts. 18A:18A-42. All contracts for the provision or performance of goods or services shall be awarded for a period not to exceed 24 consecutive months, except that contracts for professional services pursuant to paragraph (1) of subsection a. of N.J.S.1…

18A:18A-42.2 Report to board on school district contracts. 1. a. By July 1 of each school year, the school business administrator shall submit a written report to the board of education on school district contracts. The report shall include: a list of all district contracts that …

18A:18A-43. Supervision of school building repairs Repairs of all school buildings shall be supervised by the business manager of the district, if there be one, as provided by N.J.S. 18A:17-28, but if the district has no business manager, the board may delegate such power to any …

18A:18A-44 Inspection, condemnation and rejection of work and materials. 18A:18A-44. All goods and services provided or performed under contract shall be inspected by the purchasing agent of the district, if there be a purchasing agent of the district, but if there be no purchasi…

18A:18A-45 Manner and method of sale. 18A:18A-45. Manner and method of sale. Any board of education may, by resolution and by sealed bid or public auction, authorize the sale of its personal property not needed for school purposes. a. If the estimated fair value of the property t…

18A:18A-46. No action for damages for action by officials No action for damages shall lie against the State board, any State official, or any board of education or any of its officers because of any action taken by virtue of the provisions of this chapter. L.1977, c. 114, s. 1, e…

18A:18A-46.1 Limitation on withholding of State funds from school districts for certain violations of public school contracts law. 1. a. Notwithstanding any law to the contrary, except as otherwise provided in this section, the Commissioner of Education shall not withhold State f…

18A:18A-47. Indemnity agreement with the United States, etc. Any board of education may enter into an agreement indemnifying the United States of America, or any board, body, officer or agency thereof, from loss or damage to the property of others resulting from the furtherance o…

18A:18A-48. Contracts, etc.; validated and confirmed Any action, purchase, sale, contract or agreement taken, made or entered into prior to the effective date of this chapter pursuant to any of the acts, amendments and supplements repealed by this chapter are hereby validated and…

18A:18A-49. Approval required for school building 18A:18A-49. The board of education of a school district shall be required to secure the approval of its final plans and specifications as required by the State Uniform Construction Code for the erection or alteration of any school…

18A:18A-49.1. Transportation of pupils to and from schools The provisions of this chapter shall not apply to contracts for the transportation of pupils to and from school, which contracts are regulated by Chapter 39 of this Title. L.1977, c. 114, s. 1, eff. June 2, 1977.

18A:18A-49.2 Rules. 81. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Director of the Division of Local Government Services in the Department of Community Affairs, after consultation with the Commissioner of Education, may adopt rules i…

18A:18A-49.3 Contract for taking yearbook pictures, use of other photographers' photos permitted. 1. A board of education may enter into a contract with a photographer for the taking of pupil yearbook pictures. The hiring of a photographer shall not prohibit a pupil from engaging…

18A:18A-49.4 Civil action brought on behalf of board of education. 8. a. A board of education as defined in and subject to the provisions of the "Public School Contracts Law," P.L.1977, c.114 (N.J.S.18A:18A-1 et seq.), shall implement and comply with the provisions of P.L.2012, c…

18A:18A-49.5 Board of education, compliance; report of false certification. 3. a. A board of education as defined in and subject to the provisions of the "Public School Contracts Law," P.L.1977, c.114 (N.J.S.18A:18A-1 et seq.), shall implement and comply with the provisions of P.…

18A:18A-5 Exceptions to requirement for advertising. 18A:18A-5. Exceptions to requirement for advertising. Any contract, the amount of which exceeds the bid threshold, shall be negotiated and awarded by the board of education by resolution at a public meeting without public adver…

18A:18A-50. Statutes repealed The following sections, chapters and acts, together with all amendments and supplements thereto, are hereby repealed: Chapter 18 of Title 18A of the New Jersey Statutes; Laws of 1969, c. 104, s. 2 (C. 18A:18-1.6); Laws of 1971, c. 42 (C. 18A:18-2.1; …

18A:18A-51. Definitions As used in this act: a. "Minority" means a person who is: (1) Black, which is a person having origins in any of the black racial groups in Africa; or (2) Hispanic, which is a person of Spanish or Portuguese culture, with origins in Mexico, South America, C…

18A:18A-52. Set-aside programs a. A board of education may, by resolution, establish a minority business enterprise set-aside program. In authorizing such a program, the board of education shall establish a goal of setting aside a certain percentage of the dollar value of total p…

18A:18A-53. Attainment of goals a. Any goal established pursuant to section 2 of this act may be attained by requiring that a portion of a contract shall be subcontracted to a small business enterprise, minority business enterprise or women's business enterprise, in addition to d…

18A:18A-54. "Public School Contracts Law" applicable All provisions of the "Public School Contracts Law," N.J.S. 18A:18A-1 et seq., and any supplements thereto, shall apply to purchases, contracts and agreements made pursuant to this act unless otherwise superseded by the provisi…

18A:18A-55. Designation of contracts Notwithstanding the provisions of any law to the contrary, a board of education which has established a small business enterprise set-aside program, a minority business enterprise set-aside program or a women's business enterprise set-aside pr…

18A:18A-56. Withdrawal of designation a. If the board of education determines that two bids from small businesses, minority or women's businesses cannot be obtained, the board may withdraw the designation of the set-aside contract and resolicit bids on an unrestricted basis pursu…

18A:18A-57. Annual report Any board of education which has established a small business set-aside program, a minority business enterprise set-aside program or a women's business enterprise set-aside program shall prepare a report by January 31 of each year describing the board's …

18A:18A-58. Rules, regulations The State Board of Education, or any State department or agency the State board may designate, may adopt rules and regulations pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) as it may deem n…

18A:18A-59. False information; penalties Where the local board of education determines that a business has been classified as a small business enterprise, minority business enterprise or women's business enterprise on the basis of false information knowingly supplied by the busin…

18A:18A-6. Standards for purchase of fresh milk; penalties; rules and regulations In purchases of fresh milk and as a condition thereof, the board of education shall require each vendor to agree in writing to purchase during the year in which he proposes to furnish such milk to t…

18A:18A-60 Definitions relative to school district partnership with private entities. 2. a. As used in this section: "Authority" means the New Jersey Economic Development Authority established pursuant to section 4 of P.L.1974, c.80 (C.34:1B-4). "Bundling" means the use of a soli…

18A:18A-61 Definitions. 34. As used in sections 34 through 41 of P.L.2021, c.71 (C.18A:18A-61 through C.18A:18A-68): "Acceptance" means the adoption of a law, ordinance, or resolution by the State of New Jersey, any of its political subdivisions, any authority created by the Legi…

18A:18A-62 Entry into design-build contracts permitted. 35. a. If a contracting unit determines in its discretion that the design-build approach meets their needs better than the traditional design-bid-build approach established under New Jersey public procurement statutes for th…

18A:18A-63 Procedures for awarding design-build contracts. 36. a. The contracting unit shall adopt the following procedures for awarding design-build contracts: (1) The contracting unit shall either appoint a licensed and prequalified design professional, or designate an employee…

18A:18A-64 Evaluation factors contained in proposals. 37. a. Each request for proposals shall contain evaluation factors prepared by a design professional or designated employee as defined in section 34 of P.L.2021, c.71 (C.18A:18A-61). The design professional or designated emplo…

18A:18A-65 Inclusions in solicitations for design-build contracts. 38. a. Solicitations for each design-build contract shall include, but not be limited to, the following: (1) The identity of the contracting unit which shall award the design-build contract; (2) The procedures to …

18A:18A-66 Inclusions on design-build team. 39. a. Each design-build team shall include a licensed or prequalified design professional or independent from the contracting unit's licensed architect or engineer. The licensed or prequalified design professional or designated employe…

18A:18A-67 Submission of received proposals. 40. a. Once received, proposals shall be submitted to the design professional or designated employee retained by the contracting unit. No proposal shall be considered until certification is issued by the design professional or designat…

18A:18A-68 Regulations. 41. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the Department of Community Affairs, in consultation with the Department of Education, shall adopt, immediately upon filing wit…

18A:18A-7 Emergency contracts. 18A:18A-7. Emergency contracts. Any contract may be negotiated or awarded for a board of education without public advertising for bids and bidding therefor, notwithstanding that the contract price will exceed the bid threshold when an emergency affe…

18A:18A-8 Contracts not to be divided. 18A:18A-8. Contracts not to be divided. a. No contract in the aggregate which is single in character or which necessarily or by reason of the quantities required to effectuate the purpose of the contract includes the provision or performance…

18A:18A-8.1 Rules. 56. For the purpose of ensuring consistency between the "Local Public Contracts Law, " P.L.1971, c.198 (C.40A:11-1 et seq.), and the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., the Director of the Division of Local Government Services in the Departm…

18A:18A-9 Periodic solicitation of bids. 18A:18A-9. Periodic solicitation of bids. Every board of education shall, on an annual basis or at such lesser intervals to be fixed by it, solicit by public advertisement the submission of bids for the provision or performance of goods or…