Title 18A, Title 18A: EDUCATION

18A:7A-14 Review, evaluation of reports, performance continuum placement, procedure. 14. a. The commissioner shall review the results of the report submitted pursuant to sections 10 and 11 of P.L.1975, c.212 (C.18A:7A-10 and 18A:7A-11) and after examination of all relevant data, …

18A:7A-14a Findings, declarations relative to school district evaluation and monitoring. 24. The Legislature finds and declares that: a. It is the constitutional obligation of the Legislature to provide all children in New Jersey with a thorough and efficient system of free publi…

18A:7A-15 Hearing on State intervention, corrective action; full State intervention; withdrawal. 15. a. In addition to procedures established pursuant to subsection e. of section 14 of P.L.1975, c.212 (C.18A:7A-14), the commissioner may order the local board to show cause why an …

18A:7A-15.1 Authority of State board. 5. Pursuant to section 15 of P.L.1975, c.212 (C.18A:7A-15), the State board shall have authority to: a. approve the appointment by the commissioner of up to three additional members to the school board; b. upon recommendation of the commissio…

18A:7A-16. Failure or refusal to comply with administrative order; application to court for order directing compliance Should the local board of education fail or refuse to comply with an administrative order issued pursuant to section 15 of this act, the State board shall apply …

18A:7A-29. Powers of state board, commissioner or local boards; effect of act Nothing in this act shall be construed to deny the State board, commissioner or local boards of education powers granted to them elsewhere in Title 18A of the New Jersey Statutes, except as expressly pr…

18A:7A-3 Definitions. 3. For the purposes of this act, unless the context clearly requires a different meaning: "Administrative order" means a written directive ordering specific corrective action by a district which has shown insufficient compliance with the quality performance …

18A:7A-30. State board of education; powers and duties The State Board of Education shall promulgate rules and adopt policies, subject to the "Administrative Procedure Act." P.L.1968, c. 410 (C. 52:14B-1 et seq.), make all determinations and exercise such powers of visitation as …

18A:7A-31.2 Report on order to establish school district under full State intervention. 3. Whenever the State Board of Education issues an administrative order establishing a school district under full State intervention pursuant to section 15 of P.L.1975, c.212 (C.18A:7A-15), th…

18A:7A-31.3 Improvement plan; report on progress; monitoring. 4. a. Within six months following the establishment of a school district under full State intervention, the commissioner shall present to the Joint Committee on the Public Schools the improvement plan developed by the …

18A:7A-32. Severability If any clause, sentence, subdivision, paragraph, subsection or section of this act is held to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, …

18A:7A-33. Repeals All acts and parts of acts inconsistent with this act are repealed, and without limiting the general effect of this act in repealing acts so inconsistent herewith, the following acts and parts of acts together with all amendments and supplements thereto are spe…

18A:7A-34 Creation of school district under full State intervention. 1. Whenever the Commissioner of Education shall determine after the issuance of an administrative order that a local school district has failed to assure a thorough and efficient system of education, the State B…

18A:7A-35 State district superintendent. 2. a. The schools of a school district under full State intervention may be conducted by and under the supervision of a State district superintendent of schools appointed by the State board upon recommendation of the commissioner. The indi…

18A:7A-36. Certificate required No person shall be appointed to any position pursuant to this amendatory and supplementary act unless the person shall hold an appropriate certificate as prescribed by the State Board of Examiners. L. 1987, c. 399, s. 3.

18A:7A-37 Corporate entity. 4. A school district placed under full or partial State intervention shall remain a corporate entity. L.1987,c.399,s.4; amended 2005, c.235, s.11.

18A:7A-38 Permissive powers of State district superintendent. 5. Except as otherwise provided in this amendatory and supplementary act, the State district superintendent in a school district under full State intervention may be given the power to: a. Enforce the rules of the Stat…

18A:7A-39 Authority of State district superintendent. 6. a. The State district superintendent may in a school district under full State intervention: (1) Sue in the district's corporate name and likewise submit to arbitration and determination disputes and controversies in the ma…

18A:7A-40 Collective bargaining agreements. 7. a. When a district under full State intervention is established, pursuant to section 1 of P.L.1987, c.399 (C.18A:7A-34), or when the State withdraws from intervention, pursuant to section 16 of P.L.1987, c.399 (C.18A:7A-49), collecti…

18A:7A-41 Internal audit team. 8. There may be established within a school district under full State intervention an internal audit team which shall monitor the business functions of the district and report its findings to the commissioner and any district personnel deemed approp…

18A:7A-42 Officers, employees, consultants. 9. a. In a school district under full State intervention, all officers, employees and consultants, professional and nonprofessional, certified and noncertified, shall be employed or retained, transferred and removed in accordance with t…

18A:7A-43 Tenure rights. 10. Except as otherwise provided in this amendatory and supplementary act, any person serving under tenure or permanent civil service status shall retain all tenure rights and may continue to serve in the district pursuant to the provisions of this sectio…

18A:7A-44 Abolition of administrative positions; reorganization. 11. a. Notwithstanding any other provision of law or contract, the positions of the district's chief school administrator and those executive administrators responsible for curriculum, business and finance, and pers…

18A:7A-45 Evaluation of principals, vice-principals. 12. a. The Commissioner of Education shall adopt criteria for the evaluation of building principals and vice-principals in a school district under full State intervention. b. Upon appointment, the State district superintendent …

18A:7A-46 Procedure for creation, conduct. 13. a. School districts under full State intervention shall be created only as provided pursuant to section 15 of P.L.1975, c.212 (C.18A:7A-15). b. School districts under full State intervention may be conducted by and under the supervis…

18A:7A-46.1 Capital Project Control Board. 1. a. In any school district under full State intervention created pursuant to the provisions of P.L.1975, c.212 (C.18A:7A-1 et seq.) there may be established a Capital Project Control Board, hereinafter the board, to be responsible for …

18A:7A-46.2 Board to hear recommendations concerning proposed capital projects. 2. In the event that a capital project control board is established pursuant to section 1 of P.L.1991, c.139 (C.18A:7A-46.1) the board shall hear the recommendation of the State district superintenden…

18A:7A-46.3 Capital projects financed by issuance of bonds, notes. 3. Notwithstanding the provisions of any law to the contrary, the cost of any capital project authorized pursuant to this act which is to be funded by bonds or notes and certified by the board to the State distric…

18A:7A-46.4 Issuance of authorization of notes, bonds. 4. Any authorization of notes or bonds effective prior to the date of the appointment of the State district superintendent shall be issued in the manner prescribed by the "Local Bond Law" (N.J.S.40A:2-1 et seq.). L.1991,c.139…

18A:7A-46.5. Cessation of existence of board The board shall immediately cease to exist upon reestablishment of local control in the school district, pursuant to section 16 of P.L.1987, c.399 (C.18A:7A-49). L.1991,c.139,s.5.

18A:7A-46.6 Debt service part of municipal budget. 6. The debt service on bonds, notes and other obligations authorized pursuant to P.L.1991, c.139 (C.18A:7A-46.1 et seq.) shall be appropriated and made part of the municipal budget and raised through the annual municipal tax levy…

18A:7A-47 Board of Education. 14. a. The State board shall retain the board of education in place at the time that the State board issues the administrative order creating the school district under full State intervention. With the State board's approval the commissioner may appo…

18A:7A-49 Reports of progress under full State intervention; transition to local control. 16. a. A school district under full State intervention shall make an annual report of its progress in complying with the quality performance indicators adopted pursuant to section 10 of P.L.…

18A:7A-50 Budget development, presentation. 17. The State district superintendent in a school district under full State intervention shall develop a budget on or before March 22 and shall present this budget to the board of education to elicit the board's comments and recommendat…

18A:7A-51 Public hearing. 18. Upon the preparation of its budget, the State district superintendent shall fix a date, place and time for the holding of a public hearing upon the budget and the amounts of money necessary to be appropriated for the use of the public schools for the…

18A:7A-52 Determination of amount of appropriation for following school year. 19. a. After the public hearing provided for by section 18 of P.L.1987, c.399 (C.18A:7A-51) but not later than April 8, the State district superintendent shall fix and determine the amount of money nece…

18A:7A-53 Evaluation of Level I district, Level II or III districts, methodology; transition to local control. 37. a. A district which has been certified as a Level I district by the State Board of Education as of the effective date of this act, shall be phased into the three-yea…

18A:7A-53.1 Rules, regulations; procedure for 36 months following enactment. 39. a. The State Board of Education shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of this act; excep…

18A:7A-54 Short title. 1. This act shall be known and may be cited as the "School District Fiscal Accountability Act." L.2006,c.15,s.1.

18A:7A-55 Appointment of State monitor in certain school districts; duties. 2. a. In addition to the powers provided pursuant to P.L.2005, c.235, P.L.1996, c.138 (C.18A:7F-1 et al.), and P.L.2007, c.260 (C.18A:7F-43 et al.) or any other law, the Commissioner of Education shall ha…

18A:7A-56 Recommendation of advance State aid payment to school district; repayment. 3. a. The Commissioner of Education shall recommend to the State Treasurer whether an advance State aid payment should be made to a school district for which a State monitor has been appointed. T…

18A:7A-57 Forensic audit of certain school districts; presentation. 4. a. The Office of the State Auditor, or the Office of the State Comptroller, in cooperation with the State Auditor, shall conduct a forensic audit of the fiscal operations of any school district which has a yea…

18A:7A-58 "School District Deficit Relief Account." 5. There is established in the Department of Education a nonlapsing, revolving dedicated account designated the "School District Deficit Relief Account" which shall be credited with the monies as may be appropriated pursuant to …

18A:7A-59 Rules. 6. 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 eff…

18A:7A-60 Additional powers of Commissioner of Education relative to performance of compliance audit report. 14. a. In addition to the powers provided pursuant to P.L.2005, c.235, P.L.1996, c.138 (C.18A:7F-1 et al.), and P.L.2007, c.260 (C.18A:7F-43 et al.) or any other law, the …