Title 18A — Education

# Title 18A — Education

## **Chapter 1** {#struct-chapter-1}

##### **§ 18A:1-1** Definitions {#sec-18a-1-1 omnilex-key=us-nj-statutes--title-18a--18A:1-1}

As used in this title, unless the context requires another meaning, the following words and phrases shall have the following meaning:

"Academic year" means the period between the time school opens in any school district or under any board of education after the general summer vacation until the next succeeding summer vacation;

"All purpose regional district" shall have the meaning assigned to it in subsection a. of section 18A:13-2;

"Board" means the board of education;

"Commissioner" means the Commissioner of Education;

"County superintendent" means the County Superintendent of Schools;

"Department" means the State Department of Education;

"District" means a school district;

"Employee" includes the holder of any position or employment;

"Employment" includes employment in a position;

"Full membership" of any board or body means the number of members of the board or body when all the members' seats are filled and a "majority of the full membership" of any board or body means a majority of such number;

"Higher education" means that education which is provided by any or all of the public institutions of higher education as herein defined and any or all equivalent private institutions; "Limited purpose regional district" shall have the meaning assigned to it in subsection b. of section 18A:13-2;

"Local school district" means any school district comprising within its territorial boundaries the territory comprised in one or more municipalities, except a regional school district;

"Private school" means a school, under college grade, which does not derive its support entirely or in part from public funds;

"Public institution of higher education" shall have the meaning assigned to it in section 18A:62-1;

"Public school" means a school, under college grade, which derives its support entirely or in part from public funds;

"Public school system" means the system of public schools of the State;

"Residence" means domicile, unless a temporary residence is indicated;

"School nurse" shall mean and include any school nurse, school nurse supervisor, head school nurse, chief school nurse, school nurse coordinator or any other nurse performing school nursing services in the public schools;

"State board" means the State Board of Education;

"Teaching staff member" means a member of the professional staff of any district or regional board of education, or any board of education of a county vocational school, holding office, position or employment of such character that the qualifications, for such office, position or employment, require him to hold a valid and effective standard, provisional or emergency certificate, appropriate to his office, position or employment, issued by the State Board of Examiners and includes a school nurse and a school athletic trainer.

## **Chapter 2** {#struct-chapter-2}

##### **§ 18A:2-1** Power to effectuate action {#sec-18a-2-1 omnilex-key=us-nj-statutes--title-18a--18A:2-1}

Whenever under any provision of this title the validity of the action of any person, official, board or body is made dependent upon the approval or disapproval, consent or refusal to consent or determination of, or is to be exercised pursuant to any rule to be made by, any other person, official, board or body, the latter shall have power to approve or disapprove, consent or refuse to consent, to make such determination or promulgate any such rule, notwithstanding that such power is not specifically conferred thereby or by any other provision of this title.

##### **§ 18A:2-2** Payment and disposition of fines imposed under this title. {#sec-18a-2-2 omnilex-key=us-nj-statutes--title-18a--18A:2-2}

In every case of conviction or violation of any provision of this title, when a fine is imposed, the defendant may pay the fine, together with the cost to the officer before whom the conviction is had, and such officer shall receive the same and unless otherwise provided by this or any other law he shall remit the amount of the fine within 10 days thereafter to the board secretary or treasurer of school moneys of the district, as appropriate, where the offense was committed, for the use of the public schools thereof.

##### **§ 18A:2-3** Preparation, offering for sale of certain documents; penalty {#sec-18a-2-3 omnilex-key=us-nj-statutes--title-18a--18A:2-3}

12. a. No person shall, for any fee, or other remuneration, prepare, offer to prepare, cause to be prepared, sell or offer for sale any term paper, thesis, dissertation, essay, report or other written, recorded, pictorial, artistic or other assignment knowing, or under the circumstances having reason to know, that said assignment is intended for submission either in whole or substantial part under a student's name in fulfillment of the requirements for a degree, diploma, certificate, course or courses of study at any university, college, academy, school or other educational institution.

b. Nothing contained in this section shall prevent any person from providing tutorial assistance, research material, information or other assistance to persons enrolled in a university, college, academy, school or other educational institution, which is not intended for submission directly or in substantial part as an assignment under the student's name to such educational institution in fulfillment of the requirements for a degree, diploma, certificate or course of study. Nor shall any person be prevented by this act from rendering services for a fee which include the typing, research, assembling, transcription, reproduction or editing of a manuscript or other assignment which he has not prepared at the request of or on behalf of the purchaser.

c. Anyone convicted of violating any provision of this act shall be subject to a civil penalty of up to $1,000.00 which shall be collected in a summary manner pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) in the Superior Court or any municipal court. The Superior Court may also grant further relief necessary to enforce the provisions of this section, including the issuance of an injunction.

d. Actions for injunction under the provisions of this act may be brought in the name of the people of this State upon their own complaint or upon the complaint of any person, or any public or private college, university, academy, school or other educational institution which is charted, incorporated, licensed, registered or supervised by this State, acting for the interest of itself, its students, or the general public.

## **Chapter 3** {#struct-chapter-3}

##### **§ 18A:3-14.1** Annual report of sources of financial assistance {#sec-18a-3-14.1 omnilex-key=us-nj-statutes--title-18a--18A:3-14.1}

1. The Office of Student Assistance shall prepare on an annual basis a concise report which lists all sources of financial assistance, including but not limited to scholarships and loans, available to citizens of this State who now attend or who plan to attend any institution of higher education. The report shall supply the name and address of each source, identify the form of the financial assistance, and indicate that the source of funds is public or private.

##### **§ 18A:3-14.2** Distribution of report {#sec-18a-3-14.2 omnilex-key=us-nj-statutes--title-18a--18A:3-14.2}

This report shall be distributed to each public and private secondary school in this State, and upon request, to any citizen of this State.

##### **§ 18A:3-15.1** Deceptive diploma practices {#sec-18a-3-15.1 omnilex-key=us-nj-statutes--title-18a--18A:3-15.1}

A person shall not with the intent to deceive buy, sell, make or alter, give, issue, obtain or attempt to obtain any diploma or other document purporting to confer any academic degree, or which certifies the completion in whole or in part of any course of study in any institution of higher education.

##### **§ 18A:3-15.2** Use of fraudulent degree {#sec-18a-3-15.2 omnilex-key=us-nj-statutes--title-18a--18A:3-15.2}

A person or other legal entity shall not use, or attempt to use, in connection with any business, trade, profession or occupation any academic degree or certification of degree or degree credit, including but not limited to a transcript of course work, which has been fraudulently issued, obtained, forged or altered. A person shall not, with intent to deceive, falsely represent himself as having received any such degree or credentiaL.

##### **§ 18A:3-15.3** Letter designation restricted {#sec-18a-3-15.3 omnilex-key=us-nj-statutes--title-18a--18A:3-15.3}

3. A person shall not append to his name any letters in the same form designated by the Commission on Higher Education as entitled to the protection accorded to an academic degree unless the person has received from a duly authorized institution of higher education the degree or certificate for which the letters are registered. For the purposes of this section, a duly authorized institution of higher education means an in-State institution licensed by the Commission on Higher Education or an out-of-State institution licensed by the appropriate state agency and regionally accredited or seeking accreditation by the appropriate accrediting body recognized by the Council on Postsecondary Education or the United States Department of Education.

##### **§ 18A:3-15.4** Out-of-State degrees. {#sec-18a-3-15.4 omnilex-key=us-nj-statutes--title-18a--18A:3-15.4}

4. An in-State university, college, business, trade or vocational school may not offer, advertise, or by agreement with an out-of-State institution, offer or advertise any academic degree from any out-of-State university, college, business, trade or vocational school when three-quarters or more of the degree requirements are obtained by course work completed at the institution in New Jersey unless the degree program was approved by the Board of Higher Education prior to July, 1994, or has been reviewed by the New Jersey Presidents' Council pursuant to section 8 of P.L.1994, c.48 (C.18A:3B-8) or is a degree program at an institution specifically exempted from the provisions of N.J.S.18A:68-6. No in-State university, college, business, trade or vocational school may deliver such a degree program unless licensed by the Commission on Higher Education, following review by the council.

##### **§ 18A:3-15.5** Civil penalty {#sec-18a-3-15.5 omnilex-key=us-nj-statutes--title-18a--18A:3-15.5}

Any person who violates any provision of this act is liable to a civil penalty of $1,000.00 for each offense, which shall be collected pursuant to the provisions of "the penalty enforcement law," N.J.S. 2A:58-1 et seq.

##### **§ 18A:3-19.1** Definitions {#sec-18a-3-19.1 omnilex-key=us-nj-statutes--title-18a--18A:3-19.1}

As used in this act:

"Foreign government" means any government other than the government of the United States or of its states, territories or possessions or any political subdivision thereof.

"Foreign legal entity" means a. any legal entity created under the laws of a foreign government or b. any legal entity created under the laws of the United States or any of its political subdivisions if a majority of the ownership of that legal entity is directly or indirectly held legally or beneficially by one or more foreign governments or one or more foreign persons or one or more legal entities created under the laws of a foreign government and includes an agent acting for the legal entity.

"Foreign person" means any individual who is not a citizen of or resident alien of the United States or of its territories or possessions and includes an agent acting for the foreign person.

"Gift" means any endowment, gift, grant, contract, award, present or property of any kind.

##### **§ 18A:3-19.2** Disclosure of foreign gifts {#sec-18a-3-19.2 omnilex-key=us-nj-statutes--title-18a--18A:3-19.2}

2. Every institution of higher education licensed by the Commission on Higher Education to award an academic degree shall disclose the amount, terms, restrictions and requirements attached to or made a part of any gift of value in excess of $100,000.00 made to the institution by a foreign government, foreign legal entity or foreign person in any one fiscal year. If the foreign government, foreign legal entity or foreign person makes more than one gift to an institution, and the total value of those gifts in any one fiscal year exceeds $100,000.00, the institution shall report all of the gifts received.

##### **§ 18A:3-19.3** Information to the Department of the Treasury {#sec-18a-3-19.3 omnilex-key=us-nj-statutes--title-18a--18A:3-19.3}

3. This information shall be forwarded to the Department of the Treasury no later than 30 days after the last day of the fiscal year. The information shall include:

a. The amount of the gift.

b. The date on which it was received.

c. Full details of any conditions, matching provisions, or designation of the gift for a specific purpose.

d. The name of the foreign government in the case of a gift by a foreign government; the name of the foreign entity in the case of a gift by a foreign entity; and the name of the foreign country in which a foreign person is located or resides in the case of a gift by a foreign person.

e. The purpose or purposes for which the gift will be used.

##### **§ 18A:3-19.4** Public record {#sec-18a-3-19.4 omnilex-key=us-nj-statutes--title-18a--18A:3-19.4}

This information shall be a matter of public record and shall be made available by the department to the general public for review and copying during normal business hours.

##### **§ 18A:3-24** Findings, declarations {#sec-18a-3-24 omnilex-key=us-nj-statutes--title-18a--18A:3-24}

1. The Legislature finds and declares that the well-being and safety of college and university students who are members of or are attempting to become members of fraternities and sororities and other similar campus organizations requires a delineation of the responsibilities of those organizations in regard to rush or pledge activities and a declaration of a bill of rights for those students who participate in such activities.

##### **§ 18A:3-25** Pledge's Bill of Rights {#sec-18a-3-25 omnilex-key=us-nj-statutes--title-18a--18A:3-25}

2. The Attorney General shall develop a "Pledge's Bill of Rights" which outlines acceptable and unacceptable behavior and activities in regard to the pledge or rushing activities of college and university fraternities and sororities and other similar campus organizations. In developing the bill of rights, the Attorney General shall review the existing pledge and anti-hazing policies and procedures of public and independent institutions of higher education within the State and shall, as appropriate, incorporate those policies into the bill of rights. The Attorney General shall make the "Pledge's Bill of Rights" available to each institution of higher education within the State.

##### **§ 18A:3-26** Information on hazing included {#sec-18a-3-26 omnilex-key=us-nj-statutes--title-18a--18A:3-26}

3. The bill of rights developed by the Attorney General pursuant to section 2 of P.L.1991, c.388 (C.18A:3-25) shall include information on the criminal penalties for hazing and aggravated hazing established pursuant to P.L.1980, c.169 (C.2C:40-3 et seq.).

##### **§ 18A:3-27** Distribution {#sec-18a-3-27 omnilex-key=us-nj-statutes--title-18a--18A:3-27}

4. Every public and independent institution of higher education within the State shall ensure that any student who participates in pledging activities at that institution receives a copy of the "Pledge's Bill of Rights."

##### **§ 18A:3-27.1** Definitions relative to hazing. {#sec-18a-3-27.1 omnilex-key=us-nj-statutes--title-18a--18A:3-27.1}

1. As used in sections 2 through 4 of P.L.2021, c.208 (C.18A:3-27.1 through C.18A:3-27.4):

"Hazing" means conduct in connection with an initiation of applicants to or members of a student or fraternal organization as described in section 1 of P.L.1980, c.169 (C.2C:40-3).

"Organization" means a fraternity, sorority, association, corporation, order, society, corps, club or service, social or similar group, whose members are primarily minors, students, or alumni of the organization or an institution of higher education; or a national or international organization with which such a group is affiliated.

"Student" means an individual who attends or has applied to attend or has been admitted to an institution of higher education.

##### **§ 18A:3-27.2** Adoption of written policy against hazing. {#sec-18a-3-27.2 omnilex-key=us-nj-statutes--title-18a--18A:3-27.2}

2. Each public and independent institution of higher education shall adopt a written policy against hazing and, pursuant to that policy, adopt rules prohibiting students or other persons associated with an organization operating under the sanction of, or recognized as, an organization by the institution from engaging in hazing. The institution of higher education shall post the policy at a publicly accessible location on the institution's Internet website and shall provide a copy of the policy, including the institution's rules, penalties, and program of enforcement, to each organization within the institution.

##### **§ 18A:3-27.3** Program for enforcement of policy against hazing. {#sec-18a-3-27.3 omnilex-key=us-nj-statutes--title-18a--18A:3-27.3}

3. a. Each public and independent institution of higher education shall provide a program for the enforcement of the policy against hazing required under section 2 of P.L.2021, c.208 (C.18A:3-27.2) and shall adopt appropriate penalties for violations of the policy to be administered by the individual or agency at the institution responsible for the sanctioning or recognition of the organization covered by the policy or by such other individual or agency deemed appropriate by the institution.

b. The penalties for violations of the policy may include:

(1) imposition of fines;

(2) the withholding of diplomas or transcripts pending compliance with the rules or payment of fines;

(3) the rescission of permission for the organization to operate on campus or to otherwise operate under the sanction or recognition of the institution; and

(4) the imposition of probation, suspension, dismissal, or expulsion.

c. A penalty imposed under this section shall be in addition to a penalty imposed for a violation of any other institutional rule to which the violator may be subject.

d. A policy adopted under section 2 of P.L.2021, c.208 (C.18A:3-27.2) shall apply to each act conducted on or off campus if the acts are deemed to constitute hazing.

##### **§ 18A:3-27.4** Report on violations. {#sec-18a-3-27.4 omnilex-key=us-nj-statutes--title-18a--18A:3-27.4}

4. a. Each public and independent institution of higher education shall maintain a report which shall include information on all violations of the institution's anti-hazing policy and federal and State laws related to hazing that are reported to the institution. Information on a reported violation shall be retained by the institution for five years.

b. The report shall include:

(1) the date when the subject was charged with a violation of the institution's anti-hazing policy or a federal or State law related to hazing;

(2) a general description of the violation, any investigation and findings by the institution and, if applicable, penalties imposed; and

(3) the date the matter was resolved.

c. An institution shall post the initial report at a publicly accessible location on the institution's Internet website by January 15, 2022. The initial report shall include information concerning violations that have been reported to the institution for the five consecutive years prior to the effective date of this act, to the extent the institution has retained information concerning the violations. An institution shall post an updated report biannually on January 1 and August 1.

d. The report shall not include the personal identifying information of an individual.

##### **§ 18A:3-28** Display, certain, of students' social security numbers prohibited. {#sec-18a-3-28 omnilex-key=us-nj-statutes--title-18a--18A:3-28}

1. No public or independent institution of higher education in the State shall display any student's social security number to identify that student for posting or public listing of grades, on class rosters or other lists provided to teachers, on student identification cards, in student directories or similar listings, unless otherwise required in accordance with applicable State or federal law.

##### **§ 18A:3-29** Definitions relative to disclosure of personal information for certain electronic communications devices to institutions of higher education. {#sec-18a-3-29 omnilex-key=us-nj-statutes--title-18a--18A:3-29}

1. For purposes of this act:

"Applicant" means an applicant for admission into a public or private institution of higher education.

"Electronic communications device" means any device that uses electronic signals to create, transmit, and receive information, including a computer, telephone, personal digital assistant, or other similar device.

"Public or private institution of higher education" means any public or private institution of higher education or any employee, agent, representative, or designee of the institution.

"Social networking website" means an Internet-based service that allows individuals to construct a public or semi-public profile within a bounded system created by the service, create a list of other users with whom they share a connection within the system, and view and navigate their list of connections and those made by others within the system.

##### **§ 18A:3-30** Actions prohibited by institution of higher education. {#sec-18a-3-30 omnilex-key=us-nj-statutes--title-18a--18A:3-30}

2. No public or private institution of higher education in this State shall:

a. Require a student or applicant to provide or disclose any user name or password, or in any way provide access to, a personal account or service through an electronic communications device.

b. In any way inquire as to whether a student or applicant has an account or profile on a social networking website.

c. Prohibit a student or applicant from participating in activities sanctioned by the institution of higher education, or in any other way discriminate or retaliate against a student or applicant, as a result of the student or applicant refusing to provide or disclose any user name, password, or other means for accessing a personal account or service through an electronic communications device as provided in subsection a. of this section.

##### **§ 18A:3-31** Waiver, limitation of protection by student, requirement prohibited. {#sec-18a-3-31 omnilex-key=us-nj-statutes--title-18a--18A:3-31}

3. No public or private institution of higher education in this State shall require a student or applicant to waive or limit any protection granted under this act. An agreement to waive any right or protection under this act is against the public policy of this State and is void and unenforceable.

##### **§ 18A:3-32** Violations, remedies. {#sec-18a-3-32 omnilex-key=us-nj-statutes--title-18a--18A:3-32}

4. Upon violation of any provision of this act, an aggrieved person may, in addition to any other available remedy, institute a civil action in a court of competent jurisdiction, within one year from the date of the alleged violation. In response to the action, the court may, as it deems appropriate, order or award any one or more of the following:

a. With respect to an applicant:

(1) injunctive relief;

(2) compensatory and consequential damages incurred by the applicant as a result of the violation, taking into consideration any failure to admit the applicant in connection with the violation; and

(3) reasonable attorneys' fees and court costs.

b. With respect to a current or former student:

(1) injunctive relief as it deems appropriate;

(2) compensatory and consequential damages incurred by the student or former student as a result of the violation; and

(3) reasonable attorneys' fees and court costs.

## **Chapter 3A** {#struct-chapter-3a}

##### **§ 18A:3A-1** Short title {#sec-18a-3a-1 omnilex-key=us-nj-statutes--title-18a--18A:3A-1}

This act shall be known and may be cited as the "Conflict Resolution and Peace Studies Act."

##### **§ 18A:3A-2** Legislative findings, determinations and declarations {#sec-18a-3a-2 omnilex-key=us-nj-statutes--title-18a--18A:3A-2}

The Legislature finds, determines and declares:

a. It is a fundamental aspiration of the people of New Jersey to live in a peaceful world, in which the threat of war, with its material destruction and human suffering, is steadily reduced and ultimately eliminated;

b. Accordingly, it is an appropriate act of State government, in furtherance of this aspiration, to promote the development, collection and analysis of the best research on, and most advanced techniques of, conflict resolution and peaceful settlement of disputes; and

c. It is the intent and purpose of the Legislature that the Institute established pursuant to this act shall produce significant aid to the understanding and implementation of methods for prevention of violent conflict arising from disputes on all levels of human interaction; and it is reasonably anticipated that, in addition to its primary benefits aimed at the avoidance of armed national conflict, the results of the Institute's labors will produce significant benefits of a domestic nature here in New Jersey--as in improving labor-management relations, mediating environmental issue disputes and mitigating landlord-tenant conflicts.

##### **§ 18A:3A-3** Institute on Conflict Resolution and Peace Studies {#sec-18a-3a-3 omnilex-key=us-nj-statutes--title-18a--18A:3A-3}

3. a. There is established in, but not of, the Department of State the New Jersey Institute on Conflict Resolution and Peace Studies, hereinafter referred to as the Institute.

b. The Institute shall be under the direct management and supervision of the Secretary of State, who shall, by rules and regulations promulgated pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), provide for its organization and methods of proceeding, so as to fulfill the purposes prescribed in section 4 of this act.

c. The secretary may at any time, and from time to time, enter into agreements with any public or private institution of higher learning in this State, under which such institution shall undertake to carry out any of the functions or projects of the Institute, pursuant to section 4 of P.L.1984, c.149 (C.18A:3A-4); and in consideration of such undertaking the secretary may authorize the payment to such institution of funds appropriated or otherwise made available to the Institute under this act or any other law, or from any other lawful source, and which are determined by him to be necessary or appropriate for the funding of the function or project so undertaken.

##### **§ 18A:3A-4** Duties {#sec-18a-3a-4 omnilex-key=us-nj-statutes--title-18a--18A:3A-4}

The Institute created by this act shall:

a. Foster wide varieties of approaches to conflict resolution by sponsoring research, seminars, conferences, and other activities which may contribute to the fulfillment of the goals set forth in section 2 of this act;

b. Facilitate the collection of, and access to, the best available research relating to the understanding, analysis and techniques of conflict resolution; and

c. Take steps, through or in cooperation with public and private institutions of higher learning in the State, to develop courses and curricula in conflict resolution and peace studies, including a range of programs and study materials that will offer appropriate choices for use at all academic levels and for pupils of all age groups, so that the most advanced and most useful knowledge in this field shall be widely and effectively disseminated.

##### **§ 18A:3A-5** Findings and recommendations; transmittal {#sec-18a-3a-5 omnilex-key=us-nj-statutes--title-18a--18A:3A-5}

In order to make a concrete and substantial contribution to peace through understanding, the Institute shall annually, and at such other times as it deems appropriate, transmit its findings and recommendations to the presiding officers of the United States Senate and House of Representatives, to each of the members of the Congress of the United States elected from New Jersey, to the appropriate officers of the Department of State and the Department of Defense, to the Executive Office of the President, to the Secretary-General of the United Nations, and to other such institutions which are devoted to the study and advancement of peace.

##### **§ 18A:3A-6** Advisory board {#sec-18a-3a-6 omnilex-key=us-nj-statutes--title-18a--18A:3A-6}

6. To assist him in the organization of the Institute, and in fulfilling his other duties and responsibilities under P.L.1984, c.149 (C.18A:3A-1 et seq.), the secretary shall appoint an advisory board, which shall be broadly representative of those organizations and individuals having active interest in, and academic or practical knowledge and experience in, the methods and techniques of conflict resolution and the peaceful settlement of disputes; including, without limitation, representatives of religious, cultural and academic organizations, and persons actively engaged in the promotion of international and intercultural understanding, the study or conduct of foreign relations, and the advancement of world peace.

## **Chapter 3B** {#struct-chapter-3b}

##### **§ 18A:3B-1** Short title {#sec-18a-3b-1 omnilex-key=us-nj-statutes--title-18a--18A:3B-1}

1. This act shall be known and may be cited as the "Higher Education Restructuring Act of 1994."

##### **§ 18A:3B-2** Findings, declarations {#sec-18a-3b-2 omnilex-key=us-nj-statutes--title-18a--18A:3B-2}

2. The Legislature finds and declares that:

a. the institutions of higher education are one of the most valuable and underutilized resources in the State; and

b. the elimination of unnecessary State oversight and its accompanying bureaucracy will serve to unleash the creativity and innovation of these institutions; and

c. the restructuring of higher education must ensure that student aid programs are not only preserved but strengthened and that the State continue to foster and encourage programs to promote diversity and accessibility; and

d. the institutions of higher education in the State shall be responsible for achieving the Statewide goals of affordability and accessibility for all students, institutional excellence, and effectiveness in addressing the societal and economic needs of the State; and

e. in order to provide institutions with the ability to fulfill their mission and Statewide goals, greater decision making and accountability must be placed at the institutional level and structures must be established to ensure cooperation among institutions and coordination at the State level; and

f. the State benefits from a coordinated system of higher education that includes public and private institutions which offer a variety of programs with a range of choices and which addresses the needs of the State including its citizens and employers.

##### **§ 18A:3B-3** Definitions. {#sec-18a-3b-3 omnilex-key=us-nj-statutes--title-18a--18A:3B-3}

3. For the purposes of this act, unless the context clearly requires a different meaning:

"Authority" means the Higher Education Student Assistance Authority established pursuant to N.J.S.18A:71A-3;

"Commission" means the New Jersey Commission on Higher Education established by this act;

"Council" means the New Jersey Presidents' Council established by this act;

"Council of County Colleges" means the New Jersey Council of County Colleges established pursuant to N.J.S.18A:64A-26;

"County college" means an educational institution established by one or more counties, pursuant to chapter 64A of Title 18A of the New Jersey Statutes;

"Educational research and services corporation" means a nonprofit corporation whose voting members are public research universities, State colleges, county colleges, public institutions of higher education primarily located in the State of New Jersey, and nonprofit independent institutions of higher education that receive direct State aid;

"Programmatic Mission" means all program offerings consistent within those levels of academic degrees or certificates that the institution has been authorized to grant by the State Board of Higher Education prior to the effective date of this act or approved thereafter by the commission;

"Public Research University" means Rutgers, The State University of New Jersey, Rowan University, the New Jersey Institute of Technology, Montclair State University, and Kean University;

"State college" means any of the State colleges or universities established pursuant to chapter 64 of Title 18A of the New Jersey Statutes including any State college designated as a teaching university.

##### **§ 18A:3B-4** Department of Higher Education abolished {#sec-18a-3b-4 omnilex-key=us-nj-statutes--title-18a--18A:3B-4}

4. The Department of Higher Education created by P.L.1967, c.271 (C.18A:3-1 et seq.) is abolished as a principal department in the Executive Branch of State Government and all of its functions, powers and duties, except as herein otherwise provided, are terminated.

##### **§ 18A:3B-5** Termination of offices, terms {#sec-18a-3b-5 omnilex-key=us-nj-statutes--title-18a--18A:3B-5}

5. The offices and terms of the Chancellor of Higher Education, vice-chancellor, the assistant chancellors and the directors of the various divisions and offices of the Department of Higher Education, except as herein otherwise provided, shall terminate upon the effective date of this act.

##### **§ 18A:3B-6** Powers, duties of governing boards of institutions of higher education. {#sec-18a-3b-6 omnilex-key=us-nj-statutes--title-18a--18A:3B-6}

6. The governing board of each public institution of higher education shall have the following general powers and duties to fulfill its mission and the Statewide goals in cooperation with other institutions and the State coordinating structures:

a. To develop an institutional plan and to determine the programs and degree levels to be offered by the institution consistent with this plan and the institution's programmatic mission;

b. To have authority over all matters concerning the supervision and operations of the institution including fiscal affairs, the employment and compensation of staff not classified under Title 11A of the New Jersey Statutes, and capital improvements in accordance with law;

c. To set tuition and fees; however, prior to the date of the adoption of a tuition or fee schedule or an overall institutional budget, and with reasonable notice thereof, the governing board shall conduct a public hearing at such times and places as will provide those members of the college community who wish to testify with an opportunity to be heard;

d. To establish admission standards and requirements and standards for granting diplomas, certificates and degrees;

e. To recommend for appointment by the Governor, members to the institution's governing board. The recommendation shall be made with regard to the mission of the institution and the diversity of the community to be served;

f. To have final authority to determine controversies and disputes concerning tenure, personnel matters of employees not classified under Title 11A of the New Jersey Statutes, and other issues arising under Title 18A of the New Jersey Statutes involving higher education except as otherwise provided herein. Any matter arising under this subsection may be assigned to an administrative law judge, an independent hearing officer or to a subcommittee of the governing board for hearing and initial decision by the board, except for tenure hearings under N.J.S.18A:6-18. Any hearings conducted pursuant to this section shall conform to the requirements of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The final administrative decision of a governing board of a public institution of higher education is appealable to the Superior Court, Appellate Division;

g. To invest and reinvest the funds of the institution; however, institutions which invest the funds of the institution through the Director of the Division of Investment in the Department of the Treasury on or before the effective date of this act shall continue to do so, unless this requirement is waived by the State Treasurer on an annual basis, which waiver shall not be unreasonably withheld;

h. To retain legal counsel of the institution's choosing. State entities may choose representation by the Attorney General; however, as to claims of a tortious nature, the institution shall elect within 75 days of the effective date of this act whether it, and its employees, shall be represented in all such matters by the Attorney General. If the institution elects not to be represented by the Attorney General, it shall be considered and its employees considered employees of a sue and be sued entity for the purposes of the "New Jersey Tort Claims Act" only. The institution shall be required in that circumstance to provide its employees with defense and indemnification consistent with the terms and conditions of the Tort Claims Act in lieu of the defense and indemnification that such employees would otherwise seek and be entitled to from the Attorney General pursuant to N.J.S.59:10-1 et seq. and P.L.1972, c.48 (C.59:10A-1 et seq.);

i. To be accountable to the public for fulfillment of the institution's mission and Statewide goals and for effective management of the institution;

j. To submit a request for State support to the Division of Budget and Accounting in the Department of the Treasury and to the commission in accordance with the provisions of this act;

k. To have prepared and made available to the public an annual financial statement, and a statement setting forth generally the moneys expended for government relations, public relations and legal costs;

l. To have prepared an annual independent financial audit, which audit and any management letters regarding that audit shall be deemed public documents.

These powers and duties are in addition to and not a limitation of the specific powers and duties provided for the governing board of each public institution under chapter 64, 64A, 64G, 64E, or 64M of Title 18A of the New Jersey Statutes, P.L.2017, c.178 (C.18A:64N-1 et al.), or P.L.2021, c.282 (C.18A:64O-1 et al.). If the provisions of this section are inconsistent with these specific powers and duties, the specific powers and duties shall govern.

##### **§ 18A:3B-6a** Policies, procedures, guidelines relative to student fees. {#sec-18a-3b-6a omnilex-key=us-nj-statutes--title-18a--18A:3B-6a}

1. The governing board of a public institution of higher education or a proprietary institution licensed to offer academic degrees shall:

a. develop written policies and procedures that establish a system of internal controls over the development and management of mandatory student fees and ensure that these controls are applied consistently. The written policies shall define who is responsible for the assessment or adjustment of the mandatory student fees, and shall include guidelines for monitoring whether mandatory student fee revenue is used efficiently and for the intended purpose;

b. assess each of the institution's mandatory student fees individually and document the criteria and justification for any adjustments made to the fees. For each mandatory student fee the documentation shall include, at a minimum, the purpose of the student fee, the criteria used to determine its rate, the projected mandatory fee revenue, and the appropriate use of the revenue;

c. establish separate funds in the institution's budget for each individual mandatory student fee to promote transparency of fee revenue and expenditures;

d. implement accounting procedures that establish a process to accurately identify transactions related to mandatory student fee activity and the expenditures related to each of the mandatory student fees; and

e. include in the institution's description of its mandatory student fees, all uses of the fee monies including salaries.

L.2019, c.201, s.1.

18A:3b-6B Financial aid "shopping sheet."

2. a. A public or independent institution of higher education or a proprietary institution licensed to offer academic degrees shall provide a financial aid "shopping sheet" to each prospective student as part of the institution's financial aid offer to that student. The purpose of the shopping sheet shall be to provide prospective students and their families with clear information on the costs, loan options, and estimated debt that the student will incur in attending the institution, and to allow students and families to easily evaluate and compare financial aid packages from different institutions.

The institution shall also provide a shopping sheet annually to each student enrolled in the institution to ensure that returning students and their families understand their annual costs, loan options, and estimated debt to be incurred.

b. The Secretary of Higher Education shall prescribe a model format for the shopping sheet required by subsection a. of this section. Each public or independent institution of higher education or proprietary institution licensed to offer academic degrees shall utilize either the model format developed by the secretary or the most current financial aid shopping sheet developed by the United States Department of Education or the Consumer Financial Protection Bureau. The model shopping sheet prescribed by the secretary shall include, at a minimum, the following information:

(1) the total cost for one year of attendance at the institution, including tuition, student fees, room and board, books and materials, and transportation and other educational costs;

(2) the total amount per year of grants and scholarships awarded to that student, including any grants and scholarships from the institution, federal grants, State grants, or other scholarships;

(3) the total net amount the student will owe for one year of attendance at the institution, after taking into account any grants and scholarships;

(4) the total amount per year of student loans and work study funds that the student is eligible for, broken down by federal Perkins loans, federal Direct Subsidized loans, federal Direct Unsubsidized loans, and federal, State, or institutional work study funds;

(5) the median borrowing in federal loans for undergraduate study at the institution and the average monthly payment over 10 years for this amount;

(6) the percentage of students from the institution who defaulted on their student loans; and

(7) in the case of a county college or a proprietary institution licensed to offer associate degrees, the percentage of students at the college or institution who graduate within three years as compared to the average rate at other county colleges or proprietary institutions as applicable, and in the case of a four-year institution of higher education or a proprietary institution licensed to offer baccalaureate degrees, the percentage of students at the institution who graduate within six years as compared to the average rate at other four-year public or independent institutions of higher education or other proprietary institutions as applicable.

c. The secretary, in developing the model format for the shopping sheet, shall consider any sample or model formats for a financial aid shopping sheet developed by the United States Department of Education or the Consumer Financial Protection Bureau.

##### **§ 18A:3B-6c** Financial aid award letter, consistent with financial aid shopping sheet, higher education. {#sec-18a-3b-6c omnilex-key=us-nj-statutes--title-18a--18A:3B-6c}

1. a. In the event that a public or independent institution of higher education or a proprietary institution licensed to offer academic degrees provides a financial aid award letter to a student, the financial aid award letter shall:

(1) be presented in a manner, and in such language, that is substantially similar to that which is used in, and uses terms as defined in, the financial aid shopping sheet provided to students pursuant to section 2 of P.L.2019, c.201 (C.18A:3B-6b);

(2) clearly display the estimated net cost to attend the institution;

(3) clearly differentiate a student's eligibility for loans from a student's eligibility for other forms of financial aid, including grants and scholarships; and

(4) include a clear statement that the acceptance or declination of one or more loan offers shall not impact a student's eligibility for any other grants or scholarships detailed in the student's financial aid award letter.

b. A student enrolled in a public or independent institution of higher education or a proprietary institution licensed to offer academic degrees shall be ineligible to receive any form of student assistance from the State, including grants, scholarships, and loans, in the event that the institution or school fails to meet the requirements established pursuant to subsection a. of this section, as determined by the Secretary of Higher Education. Prior to revoking eligibility for student assistance from the State to a student enrolled in an institution that fails to meet the requirements established pursuant to subsection a. of this section, the secretary shall provide that institution with an opportunity to come into compliance with the requirements.

Nothing in this subsection shall be construed to prohibit a student from receiving any form of student assistance from the State for which the student is eligible at a different institution of higher education or proprietary institution licensed to offer academic degrees.

##### **§ 18A:3B-6.1** Educational research and service corporation. {#sec-18a-3b-6.1 omnilex-key=us-nj-statutes--title-18a--18A:3B-6.1}

2. a. The governing board of a public research university or a State college may join with other public research universities, State colleges, county colleges, public institutions of higher education primarily located in the State of New Jersey, and nonprofit independent institutions of higher education that receive direct State aid, to form an educational research and services corporation to be operated exclusively for charitable, scientific, and educational purposes, within the meaning of paragraph (3) of subsection (c) of section 501 of the federal Internal Revenue Code (26 U.S.C. s.501).

b. (1) An educational research and services corporation may act as a lead agency or contracting unit for the procurement of goods or services concerning educational technology systems and related services by those entities comprising the educational and research services corporation.

(2) An educational research and services corporation shall be deemed a local unit for the purposes of the "Uniform Shared Services and Consolidation Act," sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35) and may act as a lead agency or contracting unit for the procurement of goods or services concerning educational technology systems and related services by municipalities, fire districts, counties, local authorities subject to the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.), school districts, county colleges, State colleges, public research universities, nonprofit independent institutions of higher education that receive direct State aid, or any combination of those entities.

c. An educational research and services corporation formed under P.L.2015, c.140, shall be subject to all applicable requirements under all applicable State and local procurement laws, including, but not limited to, section 1 of P.L.1977, c.33 (C.52:25-24.2), P.L.2012, c.25 (C.52:32-55 et seq.), and P.L.2005, c.51 (C.19:44A-20.13 et seq.).

##### **§ 18A:3B-6.2** Regulation of purchase of certain real property by representative of public institution of higher education. {#sec-18a-3b-6.2 omnilex-key=us-nj-statutes--title-18a--18A:3B-6.2}

1. a. The president or any other officer or employee of a public institution of higher education shall not take final action on behalf of the institution for the purchase of real property the cost of which is equal to or greater than the amount set forth in paragraph (1) of subsection b. of section 10 of P.L.2007, c.52 (C.52:15C-10), unless the president or other officer or employee notifies the governing board of the institution and the general counsel of the institution of the proposed action and the governing board approves the final action. Final action shall not include any ministerial of non-substantive changes made to a contract subsequent to the governing board's approval, or any action that falls within the authority previously granted to the president or any other officer or a board trustee by the governing board.

b. The public institution of higher education shall submit a report to the Governor, the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Secretary of Higher Education, and the State Comptroller, on the purchase of real property the cost of which is equal to or greater than the amount set forth in paragraph (1) of subsection b. of section 10 of P.L.2007, c.52 (C.52:15C-10). The report shall be filed within five days following the submission of the institution's binding offer to the seller for the purchase of the real property. The report shall be in addition to any notice of award or notice of the commencement of any procurement process that is required to be provided to the State Comptroller in accordance with section 10 of P.L.2007, c.52 (C.52:15C-10).

c. Nothing in this act shall be construed to compel any action on the part of a public institution of higher education that is governed pursuant to N.J.S.18A:65-1 et seq.

##### **§ 18A:3B-6.3** Required training program for governing board member of public institution. {#sec-18a-3b-6.3 omnilex-key=us-nj-statutes--title-18a--18A:3B-6.3}

1. a. As a condition of serving as a member of the governing board of a public institution of higher education, a person shall be required to complete a training program developed by that institution in consultation with the Secretary of Higher Education that is designed to clarify the roles and duties of a governing board member.

b. The training shall be completed no later than one year after the date that the person is appointed as a member of the governing board of a public institution of higher education; except that a person who serves as a member of a governing board prior to the effective date of this act shall not be required to complete the training.

c. The institution, in consultation with the secretary, shall:

(1) prescribe the subject matter of the training which shall include, but need not be limited to, governance responsibilities, ethical standards, due diligence, the requirements of the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.), and P.L.1963, c.73 (C.47:1A-1 et seq.), issues associated with laws on privacy, board member fiduciary responsibilities, and a review of the types of financial, organizational, legal, and regulatory issues that a member of a governing board may be required to consider in the course of discharging the member's governance responsibilities;

(2) provide the training directly or arrange for, or specify, the entity or entities to provide the training. In the case of a county college, the secretary shall designate the New Jersey Council of County Colleges to provide the training;

(3) conduct a periodic review of the prescribed subject matter of the training to insure that the training includes information on relevant changes to State or federal law and other information deemed necessary to enable governing board members to serve effectively;

(4) certify completion of the training for each governing board member upon receipt of documentation thereof, as provided on a form and in a manner prescribed by the secretary, or otherwise arrange for certification by the training entity; and

(5) take other such actions as the secretary determines appropriate to effectuate the purposes of this act.

##### **§ 18A:3B-6.4** Rules, regulations. {#sec-18a-3b-6.4 omnilex-key=us-nj-statutes--title-18a--18A:3B-6.4}

3. The Secretary of Higher 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 purposes of this act.

##### **§ 18A:3B-6.5** Cooperative pricing system, governing board authority; definitions. {#sec-18a-3b-6.5 omnilex-key=us-nj-statutes--title-18a--18A:3B-6.5}

11. a. (1) The governing board of a public institution of higher education may by resolution establish a cooperative pricing system with the governing boards of other public institutions of higher education.

(2) A lead agency shall procure goods and services through a cooperative pricing system using a master contract. A master contract shall be secured in accordance with all applicable State contracting and procurement laws.

(3) A participating contracting unit may use the master contract during the contract period to procure goods or services of the same specification, quality, and price as that contained in the master contract with the lead agency.

b. No vendor shall be required to extend bid prices to participating contracting units in a cooperative pricing system unless so specified in the bids.

c. As used in this section:

"Cooperative pricing system" means a purchasing system in which one public institution of higher education acts as the lead agency in establishing a master contract with a vendor for the provision of goods or services and through which other public institutions of higher education may subsequently procure goods or services using the master contract.

"Lead agency" means a public institution of higher education that enters into a master contract under a cooperative pricing system pursuant to the provisions of this section.

"Participating contracting unit" means a public institution of higher education, other than the lead agency, that procures goods or services from a vendor using a master contract.

##### **§ 18A:3B-7** "New Jersey Presidents' Council" established. {#sec-18a-3b-7 omnilex-key=us-nj-statutes--title-18a--18A:3B-7}

7. There is established a body corporate and politic, with corporate succession, to be known as the "New Jersey Presidents' Council." Each president of a public institution of higher education in the State and of an independent institution which receives direct State aid shall be a member of the council and shall serve ex officio. The presidents of the proprietary schools which have been authorized to offer licensed degree programs shall also serve as members of the council, ex officio. The presidents of the two institutions primarily involved in the preparation of professional persons in the field of religion which enroll the largest number of pupils in State licensed degree programs shall also serve as members of the council, ex officio, to represent the interests of all such schools.

##### **§ 18A:3B-8** Responsibilities of council. {#sec-18a-3b-8 omnilex-key=us-nj-statutes--title-18a--18A:3B-8}

8. The council shall have the responsibility, consistent with State and federal law, to:

a. provide public information and research on higher education issues;

b. review and make recommendations to the Secretary of Higher Education concerning proposals for new programs that exceed the programmatic mission of an institution or that change the programmatic mission of an institution;

c. review proposals for new programs that do not exceed the programmatic mission of the institution or require a change in the programmatic mission, according to standards established by the secretary through regulations promulgated pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), for the following:

(1) sufficient academic quality;

(2) sufficient evidence of labor market demand for the program;

(3) duplication with comparable programs of study in the State; and

(4) whether the proposed new program will require significant additional State resources.

If the council determines according to the review standards set by the secretary that a proposed new program may be of insufficient academic quality, may lack sufficient evidence of labor market demand, may be duplicative of comparable programs of study, or may be unduly expensive to the State, the council shall refer that proposal to the secretary for review pursuant to subsection f. of section 14 of P.L.1994, c.48 (C.18A:3B-14);

d. encourage the formation of regional or other alliances among institutions including interinstitutional transfers, program articulation, cooperative programs and shared resources and develop criteria for "full faith and credit" transfer agreements between county colleges and other institutions of higher education. The council shall also keep institutions apprised of the discontinuance of programs at other institutions and each president shall notify the council of any such action;

e. advise and assist the secretary in developing and updating a plan for higher education in the State including, but not limited to, the establishment of new institutions, closure of existing institutions and consolidation of institutions;

f. provide policy recommendations on Statewide higher education issues;

g. recommend to the Governor, Legislature and secretary on policy and overall levels of funding for student aid programs necessary to ensure accessibility to higher education;

h. transmit to the Governor, Legislature and secretary a general budget policy statement regarding overall State funding levels;

i. upon referral from the secretary pursuant to this act provide recommendations concerning institutional licensure and university status;

j. appoint subcommittees consisting of the presidents of the institutions of the various higher education sectors to decide matters, within the authority of the council. The presidents of the independent institutions shall develop a unified request for State support under chapter 72B of Title 18A of the New Jersey Statutes. The presidents of the county college sector shall develop a unified request for State support under chapter 64A of Title 18A of the New Jersey Statutes; and

k. consult with the Higher Education Student Assistance Authority concerning student assistance matters.

##### **§ 18A:3B-9** Powers of council {#sec-18a-3b-9 omnilex-key=us-nj-statutes--title-18a--18A:3B-9}

9. The council shall have perpetual succession and shall have the following powers:

a. To make, amend, and repeal rules and bylaws for its own governance and guidance not inconsistent with State or federal law;

b. To adopt an official seal and alter the same at pleasure;

c. To maintain an office at such place or places within the State as it may designate; and

d. To sue and be sued in its own name and to retain legal counsel of its choosing.

##### **§ 18A:3B-10** Funding necessary expenses of council {#sec-18a-3b-10 omnilex-key=us-nj-statutes--title-18a--18A:3B-10}

10. For the purposes of funding the necessary expenses of the council, the various institutions shall pay the expenses incurred by their respective presidents, and shall appropriate annually such sums for dues as may be assessed by a two-thirds vote of the council. The dues may be made upon a graduated scale based upon a two thirds vote of the council.

##### **§ 18A:3B-11** Organization of council, selection of officers {#sec-18a-3b-11 omnilex-key=us-nj-statutes--title-18a--18A:3B-11}

11. a. The council shall organize within 60 days of the effective date of this act. Thereafter the council shall organize annually during the month of February and meet at other times as may be necessary, but not less than twice during the course of the year. Although the council is a purely advisory body, it shall be subject to the provisions of the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.);

b. The council may select such officers as may be necessary for the transaction of business.

##### **§ 18A:3B-12** Executive board. {#sec-18a-3b-12 omnilex-key=us-nj-statutes--title-18a--18A:3B-12}

12. a. There shall be established an executive board which performs such duties as determined by the council. The executive board shall be composed of 17 members as follows:

The president of Rutgers, The State University;

The president of New Jersey Institute of Technology;

The president of Rowan University;

The president of Montclair State University;

The president of Kean University;

Three presidents of State Colleges who shall be selected by the presidents of this sector;

Five presidents of county colleges who shall be selected by the presidents of this sector;

Three presidents of independent institutions who shall be selected by the presidents of this sector;

One president of the proprietary schools which have been authorized to offer licensed degree programs who shall be selected by the presidents of these proprietary schools.

b. The chair of the executive board shall be rotated among the following: one of the presidents of Rutgers, The State University of New Jersey, the president of Rowan University, the president of New Jersey Institute of Technology, the president of Montclair State University, and the president of Kean University; a president selected by the presidents of the State Colleges; a president selected by the presidents of the county colleges; and a president selected by the presidents of the independent institutions. The chair of the executive board shall serve for a two-year period. Biennially, the executive board shall select the chair in the manner provided above, but not necessarily in the order provided above.

c. The chair of the executive board shall also serve as the chair of the council.

##### **§ 18A:3B-13** New Jersey Commission on Higher Education. {#sec-18a-3b-13 omnilex-key=us-nj-statutes--title-18a--18A:3B-13}

13. a. There is established the New Jersey Commission on Higher Education which shall consist of 15 members: 10 public members, to be appointed by the Governor with the advice and consent of the Senate without regard for political affiliation; two public members to be appointed by the Governor, one upon the recommendation of the President of the Senate and one upon the recommendation of the Speaker of the General Assembly; the chairperson of the New Jersey Presidents' Council, ex officio; one faculty member from an institution of higher education to be appointed by the Governor with the advice and consent of the Senate; and the chairperson of the Board of Higher Education Student Assistance Authority, ex officio, or a designee from the public members of the authority. The public members shall reflect the diversity of the State. Notwithstanding the above, for a period of four years from July 1, 1994 the commission shall consist of 16 members, as follows: 10 public members, appointed by the Governor with the advice and consent of the Senate without regard for political affiliation, six of whom shall have experience as a current member of the governing board of an institution of higher education; four public members to be appointed by the Governor, two upon the recommendation of the President of the Senate and two upon the recommendation of the Speaker of the General Assembly; the chairperson of the New Jersey Presidents' Council, ex officio; and the chairperson of the Board of the Higher Education Student Assistance Authority, ex officio, or a designee from the public members of the authority. The executive director of the commission shall be an ex officio, non-voting member of the commission. In addition, the Governor shall appoint two students in attendance at public or independent institutions of higher education in the State from recommendations submitted by student government associations of New Jersey colleges and universities, who shall serve for a one-year term on the commission as voting members.

b. Public members who are not experienced as governing board members shall serve for a term of six years from the date of their appointment and until their successors are appointed and qualified; except that of the initial appointees who are not serving on the governing board of an institution: one shall serve a term of one year; one shall serve a term of two years; one shall serve a term of three years; one shall serve a term of four years; two shall serve a term of five years; and two shall serve a term of six years. A public member who does not have experience as a current member of a governing board shall serve until the member's successor is appointed and qualified.

In the case of the initial terms of the additional members of the board appointed pursuant to P.L.2009, c.308 (C.18A:3B-46 et al.), one member shall serve a term of four years, one member shall serve a term of five years, and two members shall serve a term of six years.

The faculty member of the commission shall serve for a term of one year from the date of appointment and the selection of that member shall be rotated among the following higher education sectors although not necessarily in the order listed: the senior public research universities, the State colleges/universities, the county colleges, and the independent institutions. The faculty member shall serve until his successor is appointed and qualified.

Any vacancy shall be filled in the same manner as the original appointment but only for the balance of the unexpired term. The commission members shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. No commission member shall be appointed for more than two consecutive six-year terms.

c. The Governor shall make the necessary appointments within 15 days of the effective date of this act. The commission shall hold its first meeting within 30 days of the appointment and qualification in office of its members, at which time the Governor shall appoint, for a two-year term, the chairman of the commission from among those public members not serving on the board of trustees of an institution. Upon the completion of the chairman's term, and every two years thereafter, the commission shall elect, from among those public members who are not serving on the board of trustees of an institution, a chairman who shall serve a two-year term. The chairman may be removed by the Governor for cause after an opportunity to be heard.

d. The commission shall be established in the Executive Branch of the State Government and for the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the commission is allocated in but not of the Department of State, but notwithstanding this allocation, the commission shall be independent of any supervision or control by the department or by any board or officer thereof. The commission shall submit its budget request directly to the Division of Budget and Accounting in the Department of the Treasury.

e. The Secretary of Higher Education shall serve as executive director of the commission. The commission shall appoint such personnel as may be deemed necessary. The professional staff shall serve at the commission's pleasure and shall receive such compensation as provided by law.

f. The Attorney General shall provide legal representation to the commission.

##### **§ 18A:3B-14** Responsibilities of Secretary of Higher Education. {#sec-18a-3b-14 omnilex-key=us-nj-statutes--title-18a--18A:3B-14}

14. The Secretary of Higher Education shall be responsible for:

a. Statewide planning for higher education including research on higher education issues and the development of a comprehensive master plan, including, but not limited to, the establishment of new institutions, closure of existing institutions, and consolidation of institutions, which plan shall be long-range in nature. Within 180 days of the effective date of P.L.2015, c.91 and, at a minimum, every seven years thereafter, the secretary shall adopt a new comprehensive master plan. The council may request the secretary to conduct a study of a particular issue. The secretary may require from institutions of higher education such reports or other information as may be necessary to enable the secretary to perform his duties;

b. advocacy on behalf of higher education including informing the public of the needs and accomplishments of higher education in New Jersey;

c. making recommendations to the Governor and Legislature on higher education initiatives and incentive programs of Statewide significance;

d. final administrative decisions over institutional licensure and university status giving due consideration to the accreditation status of the institution. The secretary shall furnish the Presidents' Council with any pertinent information compiled on behalf of the subject institution and the council shall then make recommendations to the secretary concerning the licensure of the institution or university status within sixty days of receipt of the information;

e. adopting a code of ethics applicable to institutions of higher education;

f. final administrative decisions over new academic programs that go beyond the programmatic mission of the institution and final administrative decisions over a change in the programmatic mission of an institution. In addition, within 60 days of referral of a proposed new program by the council, the secretary may deny approval of programs proposed by institutions of higher education which do not exceed the programmatic mission of the institution, but which may be of insufficient academic quality, may lack sufficient evidence of labor market demand, may be duplicative of comparable programs of study, or may be unduly expensive to the State as determined by the New Jersey Presidents' Council according to the review standards set by the secretary ;

g. reviewing requests for State support from the institutions in relation to the mission of the institution and Statewide goals and proposing a coordinated budget policy statement to the Governor and Legislature;

h. communicating with the State Board of Education and Commissioner of Education to advance public education at all levels including articulation between the public schools and higher education community;

i. applying for and accepting grants from the federal government, or any agency thereof, or grants, gifts or other contributions from any foundation, corporation, association or individual, and complying with the terms, conditions and limitations thereof, for the purpose of advancing higher education. Any money so received may be expended by the secretary upon warrant of the director of the Office of Management and Budget in the Department of the Treasury on vouchers certified by the secretary;

j. acting as the lead agent of communication with the federal government concerning higher education issues, except that the Higher Education Student Assistance Authority shall act, in cooperation with the secretary, as the lead agency on issues of student assistance;

k. exercising all of the powers and duties previously exercised by the Board of Higher Education, the Department of Higher Education, and the Chancellor of Higher Education, under the "New Jersey Higher Education Building Construction Bond Act of 1971," P.L.1971, c.164, the "New Jersey Medical Education Facilities Bond Act of 1977," P.L.1977, c.235, the "Jobs, Science and Technology Bond Act of 1984," P.L.1984, c.99, the "Jobs, Education and Competitiveness Bond Act of 1988," P.L.1988, c.78, the "Higher Education Equipment Leasing Fund Act," P.L.1993, c.136, and the "Higher Education Facilities Trust Fund Act," P.L.1993, c.375;

l. exercising any other power or responsibility necessary in order to carry out the provisions of this act;

m. consulting with the Higher Education Student Assistance Authority on student assistance matters;

n. advising and making recommendations for consideration to the Governor and the governing board of a public research university or a State college for members of that governing board appointed by the Governor; and

o. examining and recommending to institutions of higher education opportunities for joint purchasing and other joint arrangements that would be advantageous to the institutions.

##### **§ 18A:3B-14.1** Dissemination of fire safety information by N.J. institutions of higher education. {#sec-18a-3b-14.1 omnilex-key=us-nj-statutes--title-18a--18A:3B-14.1}

1. a. Every public and independent institution of higher education within the State shall disseminate fire safety information about their facilities to students, or, if the student is a minor, to both the student and parent or guardian, upon initial enrollment. Public and independent institutions of higher education shall also disseminate fire safety information about their facilities to all employees upon initial employment. The information shall include, but is not limited to, information on sprinkler systems, evacuation plans and other fire safety measures.

b. The Commission on Higher Education, in consultation with the Division of Fire Safety in the Department of Community Affairs, shall develop guidelines to implement subsection a. of this section, including the identification of other pertinent fire safety information to be disseminated and the appropriate means of disseminating the fire safety information to students, parents or guardians, and employees.

##### **§ 18A:3B-14.2** Powers and duties of secretary. {#sec-18a-3b-14.2 omnilex-key=us-nj-statutes--title-18a--18A:3B-14.2}

22. The Secretary of Higher Education shall exercise all the powers and duties previously exercised by the Commission on Higher Education under the "Higher Education Equipment Leasing Fund Act," P.L.1993, c.136 (C.18A:72A-40 et seq.), the "Higher Education Facilities Trust Fund Act," P.L.1993, c.375 (C.18A:72A-49 et seq.), the "Higher Education Technology Infrastructure Fund Act," P.L.1997, c.238 (C.18A:72A-59 et seq.), and the "Higher Education Capital Improvement Fund Act," P.L.1999, c.217 (C.18A:72A-72 et seq.).

##### **§ 18A:3B-14.3** "30 Credits Per Year to Finish" communication campaign. {#sec-18a-3b-14.3 omnilex-key=us-nj-statutes--title-18a--18A:3B-14.3}

1. a. The Secretary of Higher Education, in consultation with public and independent institutions of higher education, shall establish a Statewide "30 Credits Per Year to Finish" communication campaign. The purpose of the campaign shall be to raise awareness among students and their families that a student should take no less than 30 credits per year to graduate within two years in the case of an associate degree or within four years in the case of a baccalaureate degree. The communication campaign shall:

(1) make use of a variety of marketing media including billboards, brochures, and electronic resources; and

(2) reach students directly during course registration for the academic semester.

b. Each public and independent institution of higher education shall annually report to the secretary on the strategies employed and the incentives provided by the institution to encourage students to enroll in no less than 30 credits per year. The secretary shall share the information on the reported strategies and incentives among the institutions.

##### **§ 18A:3B-14.4** Joint dual degree admission agreements, institutions of higher education. {#sec-18a-3b-14.4 omnilex-key=us-nj-statutes--title-18a--18A:3B-14.4}

11. In order to strengthen and expand the preschool workforce, the Secretary of Higher Education shall develop guidance encouraging two- and four-year public institutions of higher education to enter into joint dual degree admission agreements that require all credits earned toward Early Childhood Associate of Arts or Associate of Science degrees to be fully transferable and applicable to course requirements for educator preparation programs at four-year institutions of higher education.

##### **§ 18A:3B-15** Rules, regulations. {#sec-18a-3b-15 omnilex-key=us-nj-statutes--title-18a--18A:3B-15}

15. The secretary shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to carry out the provisions of this act.

##### **§ 18A:3B-16** Report to Legislature, Governor {#sec-18a-3b-16 omnilex-key=us-nj-statutes--title-18a--18A:3B-16}

16. a. The commission shall report to the Legislature and Governor within six months of the effective date of this act on recommendations concerning the collective bargaining process and the civil service classification of certain institutional employees.

b. The commission shall make recommendations to the Legislature and Governor regarding the following within one year of the effective date of this act:

(1) articulation between higher education and elementary and secondary education;

(2) the manner in which the administration of student assistance programs may be modernized and made more efficient including the privatization of student loan administration and the merger of the Student Assistance Board and the New Jersey Higher Education Assistance Authority;

(3) the manner in which higher education is funded including mission-based funding, multi-year funding and tuition establishment.

c. The commission may request assistance from any agency of State government or may seek assistance from outside consultants, foundations or other organizations in order to conduct any study that may be required under this section subject to available appropriations.

##### **§ 18A:3B-19** Educational Opportunity Fund transferred {#sec-18a-3b-19 omnilex-key=us-nj-statutes--title-18a--18A:3B-19}

19. a. All functions, powers and duties now vested in the Educational Opportunity Fund or the board of directors thereof in the Department of Higher Education are transferred to and assumed by the Educational Opportunity Fund and the board of directors thereof under the Commission on Higher Education in but not of the Department of State.

b. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Educational Opportunity Fund or the board of directors thereof in the Department of Higher Education, the same shall mean and refer to the Educational Opportunity Fund or the board of directors thereof in the Commission on Higher Education in but not of the Department of State.

c. Nothing in this act shall be construed to limit the authority of the Educational Opportunity Fund, or the board of directors thereof, or to alter the terms and conditions of grants made to students by the fund.

d. This transfer shall be subject to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).

e. The present members of the board of directors, other than the Chancellor of Higher Education, shall hold their office for the duration of their respective terms.

##### **§ 18A:3B-21** Educational Facilities Authority transferred. {#sec-18a-3b-21 omnilex-key=us-nj-statutes--title-18a--18A:3B-21}

21. a. All functions, powers and duties now vested in the Educational Facilities Authority or the officers thereof in the Department of Higher Education are transferred to and assumed by the Educational Facilities Authority and the officers thereof in but not of the Department of the Treasury.

b. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Educational Facilities Authority or the board of directors thereof in the Department of Higher Education, the same shall mean and refer to the Educational Facilities Authority or the board of directors thereof in but not of the Department of the Treasury.

c. Nothing in this act shall be construed to limit the power of the Educational Facilities Authority or to alter the terms and conditions of loans made by the authority. Nothing in this act shall be construed to alter the terms, conditions, rights or remedies of any obligation issued by the authority.

d. This transfer shall be subject to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).

e. The Department of the Treasury shall render administrative assistance, including but not limited to personnel and fiscal assistance, to the authority upon the request of the authority. The cost and expense of any services rendered shall be paid by the authority.

f. The present members of the authority shall hold their office for the duration of their respective terms.

##### **§ 18A:3B-22** State Board of Higher Education project approval transferred {#sec-18a-3b-22 omnilex-key=us-nj-statutes--title-18a--18A:3B-22}

22. The functions, powers and duties of the State Board of Higher Education, including the approval of projects, under the "Jobs, Education and Competitiveness Bond Act of 1988," P.L.1988, c.78 shall, following July 1, 1994, be exercised by the New Jersey Commission on Higher Education.

Any final action taken by the State Board of Higher Education prior to July 1, 1994 including the approval of any project under this bond act shall be unaffected by the provisions of P.L.1994, c.48 (C.18A:3B-1 et al.) and such final action is hereby ratified and confirmed.

##### **§ 18A:3B-23** State Board of Higher Education equipment purchase, allocation of funds transferred {#sec-18a-3b-23 omnilex-key=us-nj-statutes--title-18a--18A:3B-23}

23. The functions, powers and duties of the State Board of Higher Education, including the approval of the equipment purchase and allocation of funds, under the "Higher Education Equipment Leasing Fund Act," P.L.1993, c.136 (C.18A:72A-40 et seq.) shall, following July 1, 1994, be exercised by the New Jersey Commission on Higher Education.

Any final action taken by the State Board of Higher Education prior to July 1, 1994, including the approval of an equipment purchase or allocation of funds, under this bond act shall be unaffected by the provisions of P.L.1994, c.48 (C.18A:3B-1 et al.) and such final action is hereby ratified and confirmed.

##### **§ 18A:3B-24** Equipment purchase, allocation of funds under C.18A:72A-49 et seq. transferred {#sec-18a-3b-24 omnilex-key=us-nj-statutes--title-18a--18A:3B-24}

24. The functions, powers and duties of the State Board of Higher Education, including the approval of the equipment purchase and allocation of funds, under the "Higher Education Facilities Trust Fund Act," P.L.1993, c.375 (C.18A:72A-49 et seq.) shall, following July 1, 1994, be exercised by the New Jersey Commission on Higher Education.

Any final action taken by the State Board of Higher Education prior to July 1, 1994, including the approval of grants or allocation of funds, under this bond act shall be unaffected by the provisions of P.L.1994, c.48 (C.18A:3B-1 et al.) and is hereby ratified and confirmed. The membership of the "Higher Education Facilities Trust Fund Board" shall include the chair and vice-chair of the New Jersey Commission on Higher Education in the place of the members of the State Board of Higher Education and the Chancellor of Higher Education.

##### **§ 18A:3B-25** Functions, powers, duties under P.L.1984, c.99 transferred {#sec-18a-3b-25 omnilex-key=us-nj-statutes--title-18a--18A:3B-25}

25. The functions, powers and duties of the State Board of Higher Education under the "Jobs, Science and Technology Bond Act," P.L.1984, c.99 shall, following July 1, 1994, be exercised by the New Jersey Commission on Higher Education.

Any final action taken by the State Board of Higher Education prior to July 1, 1994 under this bond act shall be unaffected by the provisions of P.L.1994, c.48 (C.18A:3B-1 et al.) and is hereby ratified and confirmed.

Regulations of the State Board of Higher Education concerning this bond act shall be continued under authority of the commission until amended or repealed by the commission.

##### **§ 18A:3B-26** Construction of act in regard to Rutgers, The State University {#sec-18a-3b-26 omnilex-key=us-nj-statutes--title-18a--18A:3B-26}

26. This act shall not be construed to impair any vested rights, grants, charter rights, privileges, exemptions, immunities, powers, prerogatives, franchises or advantages continued, granted or obtained by Rutgers, The State University under the "Rutgers, The State University Law," N.J.S.18A:65-1 et seq., nor shall this act be construed to impose additional powers, duties or responsibilities upon Rutgers, The State University not contained within N.J.S.18A:65-1 et seq.

##### **§ 18A:3B-27** Allocation of institutions to Department of State {#sec-18a-3b-27 omnilex-key=us-nj-statutes--title-18a--18A:3B-27}

27. For the purposes of complying with the provisions of Article V, Section IV, Paragraph 1 of the New Jersey Constitution, any State institution of higher education which was allocated to the Department of Higher Education or other department of State government shall be allocated to the Department of State upon the effective date of this act. Notwithstanding this allocation, any such institution shall be independent of any supervision or control of the Department of State or any board, commission or officer thereof and the allocation shall not in any way affect the principles of institutional autonomy established in this act.

##### **§ 18A:3B-28** Construction of act {#sec-18a-3b-28 omnilex-key=us-nj-statutes--title-18a--18A:3B-28}

28. This act is a revision law and the provisions hereof not inconsistent with prior laws shall be construed as a continuation of such prior laws and its enactment shall not:

a. affect the tenure, compensation and pension rights, if any, of the lawful holder thereof, in any position not specifically abolished herein, upon the effective date of this act;

b. alter the term of any member of any board, commission or public body, not specifically abolished herein, lawfully in office as of the effective date of this act, or require the reappointment thereof;

c. require the resubmission to the voters of any proposal adopted by such voters prior to the effective date of this act.

##### **§ 18A:3B-29** Disposition of petitions, controversies, disputes {#sec-18a-3b-29 omnilex-key=us-nj-statutes--title-18a--18A:3B-29}

29. All petitions, controversies and disputes pending before the State Board of Higher Education or the Chancellor of Higher Education and not disposed of as of the effective date of this act shall be decided by the commission under the law under which the action arose as though this act had not been enacted. The commission shall have all necessary powers to render a final administrative decision in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) in regard to these controversies and disputes. This section shall not be construed to grant to the commission general authority to render final administrative decisions on matters arising under the laws governing higher education except as otherwise specifically provided herein.

##### **§ 18A:3B-30** Responsibility for action to implement act {#sec-18a-3b-30 omnilex-key=us-nj-statutes--title-18a--18A:3B-30}

30. The Department of the Treasury in consultation with the Department of Personnel shall be responsible for any administrative, fiscal and personnel actions necessary to implement the provisions of this act.

##### **§ 18A:3B-31** Interim, comprehensive reports to Governor, Legislature {#sec-18a-3b-31 omnilex-key=us-nj-statutes--title-18a--18A:3B-31}

31. a. The council and commission established under this act shall submit an interim report to the Governor and Legislature on or before July 1, 1996 with an assessment of the restructuring of higher education embodied in this act and recommendations concerning the modification of this structure.

b. On or before July 1, 1999, the council and the commission shall submit a comprehensive report to the Governor and the Legislature, including, for each public institution of higher education: a profile of the student body including graduation rates, SAT or other test scores, the percentage of New Jersey residents in the student body, the number of scholarship students and the number of Education Opportunity Fund students in attendance; a profile of the faculty including the ratio of full to part-time faculty members, and major research and public service activities; a profile of the trustees or governors as applicable; and, a profile of each institution, including degree and certificate programs, status of accreditation, major capital projects and any other information which the commission and the council deem appropriate. The report shall include an assessment of the restructuring of higher education and may include recommendations as to the modification or alteration of this structure.

##### **§ 18A:3B-32** Exercise of powers conferred in act {#sec-18a-3b-32 omnilex-key=us-nj-statutes--title-18a--18A:3B-32}

32. The powers conferred in this act upon the commission shall be exercised with due regard for the rights of the holders of bonds of this State or any authority thereof, at any time outstanding, and nothing in, or done pursuant to this act, shall in any way limit, restrict, or alter the obligation or powers of the State or its authorities to carry out and perform in every detail each and every covenant, agreement or contract at any time made or entered into by, or on behalf of the State or any authority thereof with respect to its bonds or for the benefit, protection or security of the holders thereof.

##### **§ 18A:3B-33** Participation in alternate benefits program continued {#sec-18a-3b-33 omnilex-key=us-nj-statutes--title-18a--18A:3B-33}

33. Notwithstanding the provisions of any law to the contrary, any former employee of the Department of Higher Education who was a participant in the alternate benefits program, P.L.1969, c.242 (C.18A:66-168 et seq.), and who has continued in uninterrupted service with the State may continue to participate in the alternate benefits program on the same terms as other eligible employees.

##### **§ 18A:3B-34** Powers of Secretary of Higher Education. {#sec-18a-3b-34 omnilex-key=us-nj-statutes--title-18a--18A:3B-34}

301. a. The Secretary of Higher Education, with the concurrence of the Governor, shall have authority to visit public institutions of higher education to examine their manner of conducting their affairs and to enforce an observance of the laws of the State.

b. The secretary, with the concurrence of the Governor, may administer oaths and examine witnesses under oath in any part of the State with regard to any matter pertaining to higher education, and may cause the examination to be reduced to writing. Any person willfully giving false testimony upon being sworn or affirmed to tell the truth shall be guilty of a misdemeanor.

c. The secretary, with the concurrence of the Governor, may issue subpoenas pursuant to this section compelling the attendance of witnesses and the production of books and papers in any part of the State. Any person who shall neglect or refuse to obey the command of the subpoena or who, after appearing, shall refuse to be sworn and testify, unless such refusal is on grounds recognized by law, shall in either event be subject to a penalty of $1,000.00 for each offense to be recovered in a civil action. Such penalty when recovered shall be paid into the State Treasury.

##### **§ 18A:3B-35** Annual report by institution of higher education. {#sec-18a-3b-35 omnilex-key=us-nj-statutes--title-18a--18A:3B-35}

305. Each public institution of higher education shall prepare and make available to the public an annual report on the condition of the institution which shall include, but need not be limited to a profile of the student body including graduation rates, SAT or other test scores, the percentage of New Jersey residents in the student body, the number of scholarship students and the number of Educational Opportunity Fund students in attendance; a profile of the faculty including the ratio of full to part-time faculty members, and major research and public service activities; a profile of the trustees or governors as applicable; and, a profile of the institution, including degree and certificate programs, status of accreditation, major capital projects, any new collaborative undertakings or partnerships, any new programs or initiatives designed to respond to specific State needs, an accounting of demonstrable efficiency and quality improvements, and any other information which the commission and the institution deem appropriate. The form and general content of the report shall be established by the Commission on Higher Education.

##### **§ 18A:3B-36** Specific enabling legislation required for reorganization transfer {#sec-18a-3b-36 omnilex-key=us-nj-statutes--title-18a--18A:3B-36}

306. For the purposes of any reorganization or transfer after the effective date of this act, any commission, council, board or other body created pursuant to this act, and any public entity transferred or otherwise reorganized herein shall not be subject to the provisions of the "Executive Reorganization Act of 1969," P.L.1969, c.203 (C.52:14C-1 et seq.), but shall require specific enabling legislation.

##### **§ 18A:3B-37** Alternate opportunity to take test, examination, attend or register for class due to religious observance. {#sec-18a-3b-37 omnilex-key=us-nj-statutes--title-18a--18A:3B-37}

1. a. An institution of higher education shall provide any student who, for reason of a religious observance, cannot attend a test or examination at its regular administration with an alternative opportunity to take an equivalent test or examination. The alternative opportunity shall be offered as soon after or before the regular administration of the test as is possible, and at comparable times, places, and costs. The institution may request that the student provide a written explanation of the religious conflict signed by a clergyman of the student's place of worship.

b. An institution of higher education shall provide any student who, for reason of a religious observance, cannot attend class on a day when any type of assignment is due including, but not limited to, papers, presentations, or group assignments, with an alternative opportunity to complete the assignment. The alternative opportunity shall be offered as soon after or before the regular due date of the assignment as is possible, and at comparable times, places, and costs. The institution may request that the student provide a written explanation of the religious conflict signed by a clergyman of the student's place of worship. The institution shall not impose any type of penalty on a student who is unable to attend class for reason of a religious observance.

c. An institution of higher education shall provide any student who, for reason of a religious observance, is unable to register for courses on a day when students are eligible to participate in course registration with an alternative opportunity to register for courses. The alternative opportunity shall be offered as soon after or before the regular date of course registration as is possible, and at comparable times, places, and costs. The institution may request that the student provide a written explanation of the religious conflict signed by a clergyman of the student's place of worship.

##### **§ 18A:3B-38** "Standardized test" defined; alternate administration of tests offered. {#sec-18a-3b-38 omnilex-key=us-nj-statutes--title-18a--18A:3B-38}

2. a. As used in this section:

"Standardized test" means any test that is given in the State at the expense of the test subject and designed for use and used in the process of selection for postsecondary or professional school admissions. The tests shall include, but are not limited to, the Preliminary Scholastic Aptitude Test, Scholastic Aptitude Test, ACT Assessment, Graduate Record Examination, Medical College Admission Test, Law School Admission Test, Dental Admission Test, Graduate Management Admission Test, Miller Analogies Test, and the Test of Standard Written English.

b. When regular administrations of standardized tests are given on days of religious observance which prevent attendance by test subjects at the regular administrations, alternative administrations shall be offered with the same frequency as regular administrations as soon after or before as is possible, at comparable times, places, and costs. The test agency may request that the test subject provide a written explanation of the religious conflict signed by a clergyman of the test subject's place of worship.

##### **§ 18A:3B-39** Long-range facilities plan. {#sec-18a-3b-39 omnilex-key=us-nj-statutes--title-18a--18A:3B-39}

42. a. A public research university or a State college shall submit a long-range facilities plan on projects to be developed to the New Jersey Commission on Higher Education for its review and recommendations. The long-range facilities plan shall contain details of any public-private partnerships contemplated or entered into by the public research university or State college pursuant to section 43 of P.L.2009, c.90 (C.18A:64-85), which shall include details on the sources of dedicated funds that will be used for repayment of loans. The long-range facilities plan shall adhere to the green building manual prepared by the Commissioner of Community Affairs pursuant to section 1 of P.L.2007, c.132 (C.52:27D-130.6) when practicable. The long-range facilities plan shall be amended at least once every five years. The plan shall detail the facilities needs of the institution and the institution's plans to address those needs for the ensuing five years.

b. In developing its response to the plan, the commission shall consider the overall facilities needs of the institution, long-term fiscal implications of the plan including the debt burden of the institution, the relation of the facilities plan to the academic and student service programs of the institution, and the extent and cost of any deferred maintenance of the institution. The commission shall issue its response to the plan within one full semester of its receipt.

c. An amendment to a long-range facilities plan may be submitted at any time to the commission for its review and recommendations.

##### **§ 18A:3B-40** Network to propose, develop economic development policies, programs. {#sec-18a-3b-40 omnilex-key=us-nj-statutes--title-18a--18A:3B-40}

46. The New Jersey Commission on Higher Education shall appoint and convene a network of academics and researchers from New Jersey's public and independent institutions of higher education to propose and develop economic development policies and programs for the higher education community.

##### **§ 18A:3B-41** Short title. {#sec-18a-3b-41 omnilex-key=us-nj-statutes--title-18a--18A:3B-41}

1. This act shall be known and may be cited as the "Troops to College Act."

##### **§ 18A:3B-42** Troops to College Grant Program. {#sec-18a-3b-42 omnilex-key=us-nj-statutes--title-18a--18A:3B-42}

2. a. The Secretary of Higher Education, in consultation with the Department of Military and Veterans' Affairs, shall establish the Troops to College Program. The purpose of the program shall be to assist New Jersey's institutions of higher education in coordinating the provision of a comprehensive array of services to assist veterans in making the transition into the college classroom. The services may include, but need not be limited to, assistance in applying for State and federal student financial aid, counseling resources, a campus veterans' assistance officer to provide a single point of contact for information on the institution's benefits and programs for veterans, and an online resource to consolidate pertinent information specifically for veterans attending that institution.

b. The secretary in implementing the Troops to College Program shall include on its Internet site information to assist veterans in accessing the higher education opportunities that exist in the State. The information shall include, but need not be limited to:

(1) contact information for the campus veterans' assistance officer at each of the institutions of higher education; and

(2) information on the array of programs and services available to veterans at each of the institutions of higher education.

c. The secretary, in consultation with the department, shall establish a Troops to College Grant Program. Under the program, the secretary shall annually select up to three institutions of higher education to receive a $150,000 Troops to College grant. In order to receive a grant, an institution shall demonstrate that it is providing a comprehensive array of services, benefits, and programs for veterans attending the institution. In awarding a grant to an institution, the secretary shall consider the following factors:

(1) the total number of self-reporting veterans enrolled in the institution;

(2) the existence of a veterans' affairs office at the institution and the number of staff assigned to the office;

(3) whether the institution has entered into the Department of Defense Voluntary Education Partnership Memorandum of Understanding;

(4) whether the institution's tuition and fees are at or below the minimum limits established by the "Post-9/11 Veterans Educational Assistance Act of 2008," Pub.L.110-252 (38 U.S.C. s.3301 et seq.);

(5) whether the institution participates in the Yellow Ribbon Program of the "Post-9/11 Veterans Educational Assistance Act of 2008," Pub.L.110-252 (38 U.S.C. s.3301 et seq.);

(6) whether the institution waives its application fee and offers priority registration to veterans;

(7) the level of academic and staff support provided to veterans enrolled in the institution;

(8) the number and type of extracurricular activities designed for and offered to veterans enrolled in the institution;

(9) the amount of institutional funds allocated to support veterans enrolled in the institution, including the number of scholarships offered to veteran students;

(10) whether the institution offers veteran housing or provides an area on campus where veteran students may meet and discuss issues of common interest;

(11) the course completion rate of self-reporting veterans enrolled in the institution;

(12) the institution's retention and graduation rates for self-reporting veterans enrolled in the institution;

(13) the student loan default rate for self-reporting veterans enrolled in the institution; and

(14) the employment and salary status of self-reporting veterans six years following graduation from the institution.

##### **§ 18A:3B-42a** Credit for student's military experience. {#sec-18a-3b-42a omnilex-key=us-nj-statutes--title-18a--18A:3B-42a}

1. a. Each public and independent institution of higher education, after taking into account and giving due consideration to the credit recommendation of the American Council on Education, shall accept and apply towards an undergraduate degree program appropriate credit for a student's military experience, following an evaluation and determination by the institution that the credits are in alignment with appropriate courses and correspond to the degree being pursued at the institution. The institution may award a maximum of 30 credits for military experience towards an undergraduate degree to a student enrolled in the institution.

Each public and independent institution of higher education, after taking into account and giving due consideration to the credit recommendation of the American Council on Education, shall accept and apply towards a graduate degree program appropriate credit for a student's military experience, following an evaluation and determination by the institution that the credits are in alignment with appropriate courses and correspond to the degree being pursued at the institution. The institution may award a maximum of 12 credits for military experience towards a graduate degree to a student enrolled in the institution.

The credit recommendation of the American Council on Education represents college-level equivalencies based on a review of workforce training, military training or occupations, and other sources of learning outside the college classroom.

b. Nothing in this section shall be construed to require any public or independent institution of higher education to admit a student or to waive its admission standards and application procedures.

c. Nothing in this section shall be construed to prohibit a public or independent institution from accepting and applying towards a degree program more than 30 undergraduate degree credits, or 12 graduate degree credits, for a student's military experience should the institution choose to take such action.

##### **§ 18A:3B-42b** Higher education student, academic credit earned for each poll worker shift; program guidelines developed. {#sec-18a-3b-42b omnilex-key=us-nj-statutes--title-18a--18A:3B-42b}

1. a. The Secretary of Higher Education, in consultation with the Director of the Division of Elections in the Department of State, shall develop guidelines for a program to allow a student enrolled in an institution of higher education to earn academic credit for an undergraduate degree program for each full shift that the student serves as a poll worker during an election held in the State.

b. An institution of higher education may award and apply towards an undergraduate degree program academic credit to an enrolled student for each full shift of service that the student serves as a poll worker during an election held in the State. An institution that determines to allow a student to receive academic credit for service as a poll worker, following an evaluation and determination by the institution that the credit is in alignment with the educational and programmatic mission of the institution, shall comply with the guidelines developed pursuant to subsection a. of this section.

c. This section shall not be construed to prohibit the student from receiving pay commensurate with other poll workers not receiving academic credit. Neither the program nor any participating institution of higher education shall require that the student forego such pay in order to receive academic credit.

##### **§ 18A:3B-42.1** Aviation grant program, higher education, Unmanned Aircraft Systems Collegiate Training Initiative participants . {#sec-18a-3b-42.1 omnilex-key=us-nj-statutes--title-18a--18A:3B-42.1}

4. a. The Secretary of Higher Education shall, in consultation with the Department of Labor and Workforce Development and any other State agencies as deemed appropriate by the secretary, establish a program to provide aviation grants to public institutions of higher education which participate in the federal Unmanned Aircraft Systems Collegiate Training Initiative established pursuant to section 631 of the FAA Reauthorization Act of 2018. The purposes of the program shall be to award grants to public institutions of higher education to:

(1) support an institution of higher education’s participation in the federal Unmanned Aircraft Systems Collegiate Training Initiative established pursuant to section 631 of the FAA Reauthorization Act of 2018;

(2) support the establishment of a Center for the Study of Unidentified Aerial Phenomena;

(3) facilitate the establishment of non-engineering aviation degrees which teach basic courses in air traffic control and aviation administration; and

(4) encourage an institution of higher education to join the Federal Aviation Administration’s Air Traffic-Collegiate Training Initiatives Program.

b. The secretary shall determine the allowable uses for grant funds prior to accepting applications to participate in the program and shall describe the allowable uses in a notice of grant opportunity.

c. A public institution of higher education seeking to participate in the program shall submit an application to the secretary in a form and manner prescribed by the secretary. The application shall include:

(1) confirmation of the institution’s active participation in, or planned participation in, the federal Unmanned Aircraft Systems Collegiate Training Initiative;

(2) the institution’s capacity to support a Center for the Study of Unidentified Aerial Phenomena;

(3) whether the institution offers non-engineering aviation degrees that include instruction in air traffic control and aviation administration, or has any plans to establish these degree programs;

(4) whether the institution participates in, or plans to participate in, the federal Aviation Administration’s Air Traffic-Collegiate Training Initiatives Program; and

(5) any other information the secretary deems necessary.

d. The secretary shall make the application available no later than 120 days following the effective date of P.L.2025, c.269 (C.18A:71C-93 et al.).

e. After reviewing the applications submitted pursuant to subsection c. of this section, the secretary shall select one or more public institutions of higher education to participate in the program. The secretary shall give preference to an institution of higher education located in a county of the first class. The secretary shall award on an annual basis a total of $2,500,000 in grants to public institutions of higher education pursuant to this section.

f. In addition to the funds appropriated to the program pursuant to P.L.2025, c.269 (C.18A:71C-93 et al.), the secretary may accept and allocate funds made available to the program by contribution, gift, donation, or any other sources for the purpose of the program.

##### **§ 18A:3B-43** Short title. {#sec-18a-3b-43 omnilex-key=us-nj-statutes--title-18a--18A:3B-43}

1. This act shall be known and may be cited as the "New Jersey College Student and Parent Consumer Information Act."

##### **§ 18A:3B-43.1** Findings, declarations relevant to student loan borrower demographics. {#sec-18a-3b-43.1 omnilex-key=us-nj-statutes--title-18a--18A:3B-43.1}

1. The Legislature finds and declares that:

a. According to the Institute for College Access & Success, New Jersey ranks in the top five states nationally for student loan debt amounts, with the average graduate leaving college approximately $34,000 in debt;

b. Despite New Jersey students graduating with significant debt, there is insufficient publicly-available demographic information on the State's over one million student loan borrowers;

c. The demographic information that is available, however, shows significant racial disparities in student loan outcomes. Borrowers in New Jersey's communities of color face default rates two-to-five times higher than white borrowers in the State;

d. Even after factoring in financial aid, the average price of attendance at New Jersey's four-year public institutions of higher education represents about one-third of household income for the State's Black and Latino families, compared to just 17 percent of the State's white families;

e. Stark differences in family wealth in New Jersey have resulted in enormous disparities for students based on race and ethnicity relating to their financial need for college and their ability to pay off student loans;

f. The development and implementation of informed policy to understand and address issues related to student loan debt, including related racial disparities in outcomes, requires access to reliable State-level data on how borrowers experience their debt burden; and

g. Expanding data collection and dissemination of information is crucial for understanding the extent of the burgeoning student debt crisis in particular communities in the State and for developing policies that prioritize equity in loan outcomes for borrowers.

##### **§ 18A:3B-44** Information provided by certain colleges, universities. {#sec-18a-3b-44 omnilex-key=us-nj-statutes--title-18a--18A:3B-44}

2. a. An institution of higher education shall provide for public inspection on its website comprehensive information on the cost of attendance, the graduation rates of admitted students, and the faculty of the institution. The purpose of the information shall be to maximize the awareness of students and their families of the costs associated with enrollment in the institution, the institution's success in ensuring the graduation of its students, and the composition of the teaching faculty that a student will encounter in his coursework. The institution shall post, and annually update, a student consumer information report on its website that includes, if applicable:

(1) overall three-year, four-year, and six-year graduation rates, as applicable;

(2) three-year, four-year, and six-year graduation rates by demographic group, as applicable;

(3) three-year, four-year, and six-year graduation rates by major, as applicable;

(4) three-year, four-year, and six-year graduation rates for student-athletes, as applicable;

(5) the student transfer rate;

(6) an overview of the institutions to which former students of that college or university have transferred prior to the completion of a degree;

(7) the cost for the current academic year of attending the institution including tuition, student fees, room and board, and books and materials;

(8) a description of the types of financial assistance offered directly by the institution to both student-athletes and to students who do not participate in athletic programs at the institution;

(9) the percent of student-athletes who receive financial assistance directly from the institution and the average value of the assistance and the percent of students who do not participate in athletic programs at the institution who receive financial assistance directly from the institution and the average value of the assistance;

(10) for four-year institutions of higher education, the total projected cost for an incoming freshman to live on campus and complete a degree in four years and the total projected cost for an incoming freshman to commute to school and complete a degree in four years;

(11) for four-year institutions of higher education, the total projected cost for an incoming freshman to live on campus and complete a degree in six years and the total projected cost for an incoming freshman to commute to school and complete a degree in six years;

(12) average student loan indebtedness of two-year and four-year graduates for both students who live on campus and students who commute, as applicable. The institution shall disaggregate the data by: race, ethnicity, age, family income at the time of admission, gender, and first-generation status;

(13) average student loan indebtedness of three-year and six-year graduates for both students who live on campus and students who commute, as applicable. The institution shall disaggregate the data by: race, ethnicity, age, family income at the time of admission, gender, and first-generation status;

(14) average student loan indebtedness of a student who transfers or withdraws from the institution prior to the completion of a degree program for both students who live on campus and who commute. The institution shall disaggregate the data by: race, ethnicity, age, family income at the time of admission, gender, and first-generation status;

(15) an overview of the institution's faculty, including the percentage of faculty employed as a tenured professor, the percentage of faculty employed as a full-time non-tenured professor, and the percentage of faculty employed as an adjunct or visiting professor;

(16) the percentage of courses taught by each of the different categories of faculty;

(17) an indicator of each academic department's capacity to serve the students majoring within that department's programs, as determined by the Secretary of Higher Education; and

(18) the number and percentage of borrowers for whom the institution has certified a supplemental student loan, disaggregated by race, ethnicity, age, family income at the time of admission, gender, and first-generation status.

The institution shall provide with all paper applications for admission to the institution a hard copy of the information prepared pursuant to this section.

b. An institution of higher education shall conform to the guidelines, criteria, and format prescribed by the Secretary of Higher Education in reporting the information required pursuant to this section.

c. An institution of higher education shall submit its student consumer information report to the Secretary of Higher Education for inclusion in a comparative profile of the student consumer information reports of all institutions of higher education.

In addition to the information contained in the institutional student consumer information reports pursuant to this section, the comparative profile shall identify the existence of any racial disparities in student loan indebtedness and loan default rates.

d. An institution of higher education shall ensure that the page of its Internet site which includes its student consumer information report contains a link to the page of the Secretary of Higher Education's Internet site that includes the comparative profile required pursuant to subsection b. of section 3 of this act.

e. An institution of higher education shall ensure that the Internet site for submitting an online application to the institution contains a link to the institution's student consumer information report.

f. An institution of higher education shall require the parent or guardian of a student applying for admission into the institution, or the student if he is an independent adult, to sign and submit a statement acknowledging that he has reviewed the institution's student consumer information report.

##### **§ 18A:3B-45** Guidelines, criteria for collection, calculation of information. {#sec-18a-3b-45 omnilex-key=us-nj-statutes--title-18a--18A:3B-45}

3. a. The Secretary of Higher Education shall issue guidelines and criteria for collecting and calculating the information required pursuant to section 2 of this act and shall prescribe a uniform reporting method for posting the information.

b. The Secretary of Higher Education shall annually compile the student consumer information reports submitted pursuant to subsection c. of section 2 of this act into a comparative profile of all four-year public institutions of higher education. The secretary shall present the information on its website in a manner that allows college students and their families to easily compare student consumer information across institutions.

##### **§ 18A:3B-45a** Time-to-degree completion reported on website, student outcomes, higher education. {#sec-18a-3b-45a omnilex-key=us-nj-statutes--title-18a--18A:3B-45a}

1. a. As used in this section, “time-to-degree completion” means the time elapsed between the student’s initial enrollment in a four-year public institution of higher education and the degree conferral date.

b. A four-year public institution of higher education shall provide for inspection on its website the average time-to-degree completion for each baccalaureate degree awarded by the institution.

c. A county college shall provide for inspection on its website an appropriate measure of student outcomes, as determined by the Secretary of Higher Education, in consultation with the New Jersey Council of County Colleges, for each associate degree awarded by the institution.

##### **§ 18A:3B-45.1** Performance quality standard, established, Secretary of Higher Education; career-oriented programs of study; rules, regulations. {#sec-18a-3b-45.1 omnilex-key=us-nj-statutes--title-18a--18A:3B-45.1}

1. a. As used in this section, "career-oriented program of study" means a program that provides occupation-specific knowledge and technical skill proficiency that culminates in the attainment of a license for a specific occupation or is represented by the institution as preparing students for employment in a specific occupation. "Career-oriented program of study" shall not include a program dedicated primarily to the education or training of ministers, priests, rabbis or other professional persons in the field of religion.

b. Within 12 months of the effective date of P.L.2022, c.76 (C.18A:3B-45.1 et al.), the Secretary of Higher Education shall establish a performance quality standard for career-oriented programs of study offered by institutions of higher education and degree-granting proprietary institutions. In establishing the standard, the secretary shall consider the ratio of the tuition and fees charged to students in the career-oriented program net of any institutional grant aid to the average earnings of New Jersey workers employed in the specific occupation for which the career-oriented program prepares students.

c. The secretary shall ensure that career-oriented programs of study offered by institutions of higher education and degree-granting proprietary institutions meet a minimum acceptable level of performance, as determined by the secretary. In the event that the secretary determines that a program does not meet the minimum acceptable level of performance, the secretary shall suspend or terminate that program and take additional action to suspend or revoke the institution's license to award academic degrees.

d. An institution of higher education or degree-granting proprietary institution shall submit to the secretary the clear identification of the institution's career-oriented programs of study in a form and in a manner as determined by the secretary.

e. The secretary shall adopt, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to implement the provisions of this section.

##### **§ 18A:3B-46** Definitions relative to structure and fiscal management of higher education. {#sec-18a-3b-46 omnilex-key=us-nj-statutes--title-18a--18A:3B-46}

1. As used in this act:

"Commission" means the New Jersey Commission on Higher Education established pursuant to section 13 of P.L.1994, c.48 (C.18A:3B-13);

"Public research university" means Rutgers, The State University of New Jersey, Rowan University, the New Jersey Institute of Technology, Montclair State University, and Kean University;

"State college" means the State colleges or universities established pursuant to chapter 64 of Title 18A of the New Jersey Statutes.

##### **§ 18A:3B-47** Secretary of Higher Education. {#sec-18a-3b-47 omnilex-key=us-nj-statutes--title-18a--18A:3B-47}

2. The Governor shall appoint, with the advice and consent of the Senate, a Secretary of Higher Education who shall serve at the pleasure of the Governor during the Governor's term of office and until a successor is appointed and qualified. The appointment shall be made after consultation with and recommendations from the New Jersey Commission on Higher Education and the New Jersey Presidents' Council except that the person holding the office of executive director of the commission on the effective date of this act shall be the initial Secretary of Higher Education. The secretary shall hold cabinet-level rank and shall serve as executive director of the commission.

##### **§ 18A:3B-48** Audit committee. {#sec-18a-3b-48 omnilex-key=us-nj-statutes--title-18a--18A:3B-48}

3. a. The governing board of a public research university or a State college shall establish an audit committee. The chairman of the committee shall have accounting or related financial management expertise and the governing board shall make efforts to ensure that a majority of the members of the committee have such expertise.

b. The audit committee shall have a written charter that addresses the committee's purpose and responsibilities which shall include, but not be limited to:

(1) assisting the board in ensuring and safeguarding the integrity of the institution's financial statements;

(2) assisting the board in overseeing and evaluating the performance of outside auditors retained by the institution;

(3) assisting the board in overseeing and evaluating the performance of the institution's internal audit function;

(4) ensuring that allegations of misconduct or conflict of interest are evaluated and investigated; and

(5) ensuring the institution's compliance with all relevant legal and regulatory requirements.

c. The audit committee shall prepare an annual audit committee report for submission to the institution's governing board.

d. The committee shall keep minutes of its meetings.

##### **§ 18A:3B-49** Internal auditor. {#sec-18a-3b-49 omnilex-key=us-nj-statutes--title-18a--18A:3B-49}

4. The governing board of a public research university or a State college shall approve the appointment of an internal auditor, who shall have a direct reporting relationship to the board, the president, and the chief financial officer. The internal auditor shall periodically test and report on the institution's internal controls to the audit committee, the institution's president, chief financial officer, and other senior members of the institution's administrative staff.

##### **§ 18A:3B-50** Independent outside auditor. {#sec-18a-3b-50 omnilex-key=us-nj-statutes--title-18a--18A:3B-50}

5. a. The governing board of a public research university or a State college shall retain an independent outside auditor who is a certified public accountant to conduct an annual audit of the institution's financial accounts in accordance with nationally recognized auditing and accounting standards adopted by the commission. The independent auditor shall be selected by a majority vote of the members of the board present upon the recommendation of the audit committee.

The governing board of the institution shall not retain an independent auditor that employed the president, chief financial officer, controller, chief accounting officer, or any person holding an equivalent position at the institution during the one-year period preceding the audit or that fails to meet any other limitations or restrictions established by the commission. The governing board shall ensure the independence of the auditor.

b. The independent outside auditor shall report his findings to the audit committee. The audit committee shall review the problems identified through the audit with the institution's president, chief financial officer, and other senior members of the institution's administrative staff who shall evaluate the independent auditor's findings and file comments in response to those findings with the audit committee.

c. The audit committee shall report the findings of the independent auditor and the evaluation of those findings by the institution's senior staff to the governing board of the institution. The audit committee shall recommend actions it deems necessary to rectify any identified deficiencies in internal controls.

##### **§ 18A:3B-51** Submission of audit to commission. {#sec-18a-3b-51 omnilex-key=us-nj-statutes--title-18a--18A:3B-51}

6. a. The president and chief financial officer of a public research university or a State college shall submit the annual audit to the commission and shall certify that they have reviewed the financial statements and that, based on their knowledge, the financial statements do not contain any untrue statement of a material fact or omission of a material fact that makes the statements misleading and that, based on their knowledge, the financial statements present in all material respects the financial condition and results of operations of the institution.

b. A public research university or a State college shall retain institutional financial statements for a minimum period of time in accordance with accounting principles of the Governmental Accounting Standards Board.

##### **§ 18A:3B-52** Policies, procedures for reports of wrongdoing, confidentiality. {#sec-18a-3b-52 omnilex-key=us-nj-statutes--title-18a--18A:3B-52}

7. In accordance with standards established by the Attorney General, the governing board of a public research university or State college shall establish written policies and procedures that provide confidentiality in the reporting of alleged wrongdoing at the institution and protect employees from retaliatory action in accordance with the provisions of the "Conscientious Employee Protection Act," P.L.1986, c.105 (C.34:19-1 et seq.).

##### **§ 18A:3B-53** Recommendations for penalties for noncompliance. {#sec-18a-3b-53 omnilex-key=us-nj-statutes--title-18a--18A:3B-53}

8. The commission shall submit to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), recommendations for the establishment of penalties for noncompliance with the provisions of sections 4 through 7 of this act, unless such penalties are otherwise established by law, including, but not limited to, fines and disciplinary action to be imposed upon a public research university or a State college or a member of the governing board or an employee of the institution.

##### **§ 18A:3B-53.1** Definitions. {#sec-18a-3b-53.1 omnilex-key=us-nj-statutes--title-18a--18A:3B-53.1}

1. As used in this act:

"Financial instability" means a finding of instability on the financial condition of a public institution of higher education by the Secretary of Higher Education, upon consideration of a set of comprehensive financial responsibility metrics that may include, but shall not be limited to, the institution's: Composite Financial Index score; debt to liquidity ratios; audit reports; days cash-on-hand; financial reserves; tuition reliance; debt covenant compliance; credit rating; debt capacity; and cost control for expenses and revenues.

"Public institution of higher education" means the State colleges or universities established pursuant to chapter 64 of Title 18A of the New Jersey Statutes, Rutgers, The State University, New Jersey Institute of Technology, Rowan University, Montclair State University, Kean University, all county colleges, and any other public university or college now or hereafter established or authorized by law.

##### **§ 18A:3B-53.2** Annual fiscal monitoring report, Secretary of Higher Education. {#sec-18a-3b-53.2 omnilex-key=us-nj-statutes--title-18a--18A:3B-53.2}

2. In addition to submitting the annual audit pursuant to section 6 of P.L.2009, c.308 (C.18A:3B-51), a public institution of higher education shall submit an annual fiscal monitoring report to the Office of the Secretary of Higher Education according to a schedule and in a format established by the secretary.

##### **§ 18A:3B-53.3** Comprehensive, fiscal, governance operations audit, Secretary of Higher Education, discretion. {#sec-18a-3b-53.3 omnilex-key=us-nj-statutes--title-18a--18A:3B-53.3}

3. a. Pursuant to a schedule established by the secretary, a public institution of higher education shall undergo a comprehensive audit. The secretary shall facilitate the audit which shall examine the institution's fiscal and governance operations.

b. In addition to the scheduled comprehensive audit established by subsection a. of this section, the Secretary may direct a comprehensive audit of an institution's fiscal and governance operations at any time if the secretary determines that conditions may exist within the institution that significantly or negatively impact an institution's operations.

##### **§ 18A:3B-53.3a** Annual fiscal monitoring report, audit published on website, higher education. {#sec-18a-3b-53.3a omnilex-key=us-nj-statutes--title-18a--18A:3B-53.3a}

2. a. A public institution of higher education shall provide for public inspection on its website a copy of the institution’s annual fiscal monitoring report submitted pursuant to section 2 of P.L.2023, c.115 (C.18A:3B-53.2); a copy of any comprehensive audit completed pursuant to section 3 of P.L.2023, c.115 (C.18A:3B-53.3); and, as applicable, a copy of the institution’s annual audit submitted pursuant to section 6 of P.L.2009, c.308 (C.18A:3B-51).

b. An institution shall annually submit a direct website link of the information required pursuant to subsection a. of this section to the Secretary of Higher Education.

c. An institution shall post on its website a summary of the information required pursuant to subsection a. of this section for the public that is clear, simple, and understandable.

##### **§ 18A:3B-53.4** Secretary of Higher Education, State monitor, direct oversight, authority; conditions. {#sec-18a-3b-53.4 omnilex-key=us-nj-statutes--title-18a--18A:3B-53.4}

4. a. Notwithstanding any other provision of law to the contrary, the secretary shall have the authority to appoint a State monitor and additional staff as necessary, to provide direct oversight of a public institution of higher education's fiscal and governance operations if the institution meets the following criteria:

(1) the fiscal monitoring report or comprehensive audit submitted pursuant to sections 2 and 3 of this act includes a finding of financial instability of the institution, as determined by the secretary;

(2) the institution receives an adverse or a disclaimer opinion by its independent auditor in the annual audit submitted pursuant to section 6 of P.L.2009, c.308 (C.18A:3B-51); or

(3) the institution meets any two of the following criteria:

(a) the institution ends the fiscal year with a deficit balance as calculated for budgetary purposes in the general fund, special revenue fund, or capital projects fund, with the exception of a capital projects fund deficit caused by the issuance of bond anticipation notes;

(b) the institution fails to develop and implement a plan acceptable to the secretary, or the secretary's designee, to address a deficit balance in the general fund, special revenue fund, or capital projects fund, with the exception of a capital projects fund deficit caused by the issuance of bond anticipation notes;

(c) the institution receives a qualified opinion by its annual auditor in the annual audit submitted pursuant to section 6 of P.L.2009, c.308 (C.18A:3B-51) or the fiscal monitoring report submitted pursuant to section 2 of this act;

(d) the institution receives an adverse, disclaimer, or qualified opinion by its independent auditor under the single audit section for State or federal awards in the annual audit submitted pursuant to section 6 of P.L.2009, c.308 (C.18A:3B-51) or the fiscal monitoring report submitted pursuant to section 2 of this act;

(e) the institution receives any audit findings by its independent auditor identified as material weaknesses in internal controls in the annual audit submitted pursuant to section 6 of P.L.2009, c.308 (C.18A:3B-51);

(f) the institution fails to implement a plan from the prior fiscal year which causes any findings from the independent auditor to be repeated;

(g) the institution fails to submit the annual audit required by section 6 of P.L.2009, c.308 (C.18A:3B-51) or the fiscal monitoring report required by section 2 of this act; or

(h) the institution fails to comply with the timely training of governing board members as required by section 17 of P.L.2009, c.308 (C.18A:3B-62) or any other State laws or regulations.

b. A State monitor appointed pursuant to subsection a. of this section shall be qualified by training and expertise necessary for the position and shall possess:

(1) a minimum of five years of appropriate experience in an executive-level management position; or

(2) a minimum of five years of appropriate experience and applicable credentials and certifications relating to financial management.

##### **§ 18A:3B-53.5** State monitor, duties, responsibilities, public institutions of higher education. {#sec-18a-3b-53.5 omnilex-key=us-nj-statutes--title-18a--18A:3B-53.5}

5. Notwithstanding any other provision of law to the contrary, a State monitor appointed pursuant to section 4 of this act shall:

a. oversee the fiscal management and expenditures of funds of the public institution of higher education including, but not limited to, budget reallocations and reductions, approvals of purchase orders, budget transfers, and payment of bills and claims;

b. oversee the operation and fiscal management of facilities, including developing and implementing recommendations for restructuring the institution offered by the governing board of a public institution of higher education;

c. ensure development and implementation of an acceptable plan to address the circumstances which resulted in the appointment of a State monitor pursuant to section 4 of this act that includes measurable benchmarks and specific activities to address the deficiencies of the institution;

d. oversee all staffing, including the ability to hire, promote, and terminate employees, as well as the ability to deny proposals by the administration of the institution to hire, promote, or terminate employees, except that all actions of the State monitor shall comply with the "New Jersey Employer-Employee Relations Act," established pursuant to P.L.1941, c.100 (C.34:13A-1 et seq.), and any collective bargaining agreements entered into by the institution;

e. have authority to override any action by the president of the institution or a vote by the governing board of the institution on any of the matters set forth in this section except that all actions of the State monitor shall comply with the "New Jersey Employer-Employee Relations Act," established pursuant to P.L.1941, c.100 (C.34:13A-1 et seq.), and any collective bargaining agreements entered into by the institution;

f. attend all meetings of the governing board of the institution, including closed sessions;

g. meet with the governing board of the institution at least quarterly to provide governing board members with education and training that address the deficiencies and actions leading to the appointment of a State monitor pursuant to section 4 of this act;

h. make recommendations to the Legislature, including any proposed legislation which the monitor may desire to recommend for enactment, for the systemic improvement of the institution's fiscal condition, and which may include opportunities for efficiencies through:

(1) mergers, acquisitions, and consolidations;

(2) program reductions;

(3) sales of surplus property;

(4) shared services and joint purchasing;

(5) staff reductions;

(6) teacher sharing agreements; and

(7) any other proposals that the monitor believes would improve the fiscal efficiency of the institution; and

i. report directly to the secretary or the secretary's designee.

##### **§ 18A:3B-53.6** State monitor, designated State officer; fiscal accountability plan, progress reports, issuance; transition plan, develop; salary. {#sec-18a-3b-53.6 omnilex-key=us-nj-statutes--title-18a--18A:3B-53.6}

6. a. A State monitor appointed pursuant to section 4 of this act shall be considered a State officer for purposes of the "New Jersey Tort Claims Act," established pursuant to P.L.1972, c.45 (C.59:1-1 et seq.).

b. (1) The State monitor, within six months of appointment to the position, shall issue a fiscal accountability plan to the institution and Secretary of Higher Education listing all benchmarks and remedial actions required to be completed by the institution and the necessary capacity and fiscal controls to be restored to the institution as a condition for the cessation of State monitor oversight. The State monitor may revise or amend the fiscal accountability plan, as appropriate.

(2) The State monitor shall issue progress reports to the governing board of the institution and the secretary on a monthly basis, or on a schedule determined by the secretary. The progress report shall detail the institution's progress in meeting the requirements of the fiscal accountability plan, and establish clear and measurable benchmarks to assess the institution's fiscal accountability.

(3) The secretary shall develop a transition plan outlining the process for the withdrawal of the State monitor and a return to full institution control. The State monitor shall provide oversight of the institution until the secretary determines that the transition plan has been successfully executed and the necessary capacity and fiscal accountability controls have been restored to institution operations.

c. The salary of a State monitor shall be fixed by the secretary and may be adjusted from time to time as the secretary deems appropriate. The State shall assume the total cost of the State monitor and any additional staff appointed pursuant to section 4 of this act.

##### **§ 18A:3B-53.7** Governing board, public institution of higher education, approve, chief financial officer appointment, reporting relationship. {#sec-18a-3b-53.7 omnilex-key=us-nj-statutes--title-18a--18A:3B-53.7}

7. The governing board of a public institution of higher education shall approve the appointment of a chief financial officer, who shall have a direct reporting relationship to the board and the president. The chief financial officer shall be responsible for those duties and responsibilities that are prescribed by the Secretary of Higher Education pursuant to section 8 of this act.

##### **§ 18A:3B-53.8** Chief financial officer, public institution of higher education, duties, responsibilities. {#sec-18a-3b-53.8 omnilex-key=us-nj-statutes--title-18a--18A:3B-53.8}

8. a. The Secretary of Higher Education shall establish the duties and responsibilities of a chief financial officer of a public institution of higher education, which shall include, but not be limited to:

(1) acting as the lead agent on matters pertaining to financial reporting and planning, budget preparation, and management of investments and debts;

(2) ensuring the short-term and long-term fiscal health of the institution;

(3) providing oversight of the business practices of the institution;

(4) aligning the institution's budget and strategic plans; and

(5) reporting the financial condition of the institution to the secretary, and the governing board and president of the institution on a regular basis.

b. The secretary, in consultation with the State Comptroller and the Attorney General, shall prescribe terms and conditions, consistent with applicable State and federal law, upon which a chief financial officer may be held accountable for violations of the fiduciary duties of that position, including incompetence, or for any dishonest, deceptive, or fraudulent practice.

##### **§ 18A:3B-53.9** Chief financial officer, public institution of higher education, training program. {#sec-18a-3b-53.9 omnilex-key=us-nj-statutes--title-18a--18A:3B-53.9}

9. a. As a condition of appointment as a chief financial officer of a public institution of higher education pursuant to section 8 this act, the chief financial officer shall complete a training program developed by the Secretary of Higher Education that is designed to clarify the roles and duties of a chief financial officer of a public institution of higher education.

b. The training shall be completed no later than six months after the date the chief financial officer is appointed by an institution. A person who serves as the chief financial officer of a public institution of higher education prior to the effective date of this act shall complete the training within six months of the date the training is first made available by the secretary.

c. The secretary shall:

(1) prescribe the subject matter of the training which shall include, but not be limited to: the role of a chief financial officer at a public institution of higher education; a review of the types of financial, organizational, legal, and regulatory issues that a chief financial officer of a two-year or four-year public institution of higher education may be required to consider in the course of the chief financial officer's duties; the role of the chief financial officer in ensuring the fiscal stability of an institution; the responsibility of the chief financial officer to report on the financial condition of the institution to the secretary, the governing board, and president of the institution on a regular basis on as required pursuant to section 8 of this act; and changing trends and fiscal matters relating to the management of a public institution of higher education;

(2) arrange for an entity or entities to provide the training;

(3) conduct a periodic review of the prescribed subject matter of the training to ensure that the training includes relevant changes to State or federal law and other information deemed necessary to enable a chief financial officer to serve effectively; and

(4) develop the training program and make the training program available to chief financial officers of public institutions of higher education no later than 90 days after the effective date of this act.

d. Training pursuant to this section may, upon approval of the secretary, be made available online.

e. The institution shall certify completion of the training required pursuant to this section for a chief financial officer upon receipt of documentation thereof, as provided on a form and in a manner prescribed by the secretary.

f. The secretary shall provide notification to a chief financial officer who has failed to comply with the requirements of this section and provide the chief financial officer with a 30-day grace period to fulfill the outstanding training requirement. The secretary may provide additional extensions to the grace period. Notwithstanding any other provisions of law to the contrary, failure to fulfill the training requirement within the required period may, at the discretion of the secretary, constitute a resignation from the public institution of higher education and shall disqualify a chief financial officer from being appointed to any other public institution of higher education.

g. The secretary may, from time to time, make additional training courses or modules available to chief financial officers of public institutions of higher education.

##### **§ 18A:3B-53.10** State monitor, annual report to Governor, Legislature. {#sec-18a-3b-53.10 omnilex-key=us-nj-statutes--title-18a--18A:3B-53.10}

10. A State monitor appointed to an institution pursuant to section 4 of this act shall report annually to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the fiscal condition of the institution at which the monitor is providing oversight and an assessment of the institution's progress toward regaining full institution control.

##### **§ 18A:3B-54** Additional authority of commission. {#sec-18a-3b-54 omnilex-key=us-nj-statutes--title-18a--18A:3B-54}

9. a. In addition to the authority granted to the Commission on Higher Education pursuant to section 14 of P.L.1994, c.48 (C.18A:3B-14), the commission shall develop and enforce a code of standards to define and regulate the types of activities in which a governmental affairs agent is permitted to engage on behalf of a public research university or a State college.

b. Under the code of standards established pursuant to subsection a. of this section, a governmental affairs agent, whether employed directly or retained under contract by the institution, shall be prohibited from using the position as an agent of the institution to:

(1) solicit political campaign contributions from the institution directly or through personnel on behalf of the institution;

(2) engage in or recommend on behalf of the institution any involvement in the partisan activities of specific political parties or candidates; or

(3) support or promote directly or indirectly on behalf of the institution any specific political party or individual for election or re-election.

Under the code of standards, the commission shall not prohibit a governmental affairs agent from engaging on behalf of a public research university or a State college concerning legitimate nonpartisan and bipartisan activities that are vital to the election process including, but not limited to, the scheduling and holding of on-campus political debates, voter-registration drives, and similar nonpartisan and bipartisan events and activities.

##### **§ 18A:3B-55** Notice of representation filed by governmental affairs agent, reports. {#sec-18a-3b-55 omnilex-key=us-nj-statutes--title-18a--18A:3B-55}

10. a. Notwithstanding any law, rule or regulation to the contrary, a governmental affairs agent who is retained by a governing board of a public research university or a State college shall file a notice of representation pursuant to section 4 of P.L.1971, c.183 (C.52:13C-21), quarterly reports specific to that representation pursuant to section 5 of P.L.1971, c.183 (C.52:13C-22), and annual reports specific to that representation pursuant to section 2 of P.L.1981, c.150 (C.52:13C-22.1). This requirement shall not be deemed to require filings by any person performing services as an employee of the public research university or State college.

b. The Election Law Enforcement Commission shall transmit to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a copy of an annual report filed by a governmental affairs agent pursuant to subsection a. of this section within 30 days following the filing of the report.

##### **§ 18A:3B-56** Approval of contract. {#sec-18a-3b-56 omnilex-key=us-nj-statutes--title-18a--18A:3B-56}

11. Any proposed contract to retain the services of a governmental affairs agent shall be considered by the governing board of a public research university or a State college at a public meeting and approval of the contract shall require the adoption of a resolution by a majority of the board members present at the meeting.

##### **§ 18A:3B-57** Policies concerning professional services contracts. {#sec-18a-3b-57 omnilex-key=us-nj-statutes--title-18a--18A:3B-57}

12. a. The governing board of a public research university or a State college shall establish policies concerning professional services contracts which, at a minimum, shall include procedures for the review of proposed professional services contracts to verify the need for the proposed services, determine whether conflicts of interest exist between the vendor and the institution, ensure appropriate procurement procedures are utilized, determine whether the proposed compensation is reasonable, and monitor the services delivered by the vendor.

b. The institution shall prepare an annual report on professional services contracts for submission to the institution's governing board.

##### **§ 18A:3B-58** Executive committee. {#sec-18a-3b-58 omnilex-key=us-nj-statutes--title-18a--18A:3B-58}

13. The governing board of a public research university or a State college shall establish an executive committee composed of the chairman of the governing board, the vice-chairman, and the chairmen of any committees established by the board, and such other voting members as may be appointed by the board. The executive committee shall have a written charter that defines the committee's purpose, responsibilities, and its authority to act on behalf of the governing board between meetings of the full board.

The committee shall keep minutes of its meetings.

##### **§ 18A:3B-59** Compensation committee. {#sec-18a-3b-59 omnilex-key=us-nj-statutes--title-18a--18A:3B-59}

14. a. The governing board of a public research university or a State college shall establish a compensation committee. The compensation committee shall have a written charter that addresses the committee's purpose and responsibilities which shall include, but not be limited to:

(1) establishing and evaluating the compensation for the president, vice-presidents, and other senior administrators of the institution; and

(2) making recommendations to the board on issues relating to the compensation of the president, vice-presidents, and other senior administrators including the amounts, types, and components of compensation plans, and the performance measures and targets upon which institutional administrators shall be evaluated for purposes of calculating incentive awards.

b. The recommendations of the compensation committee shall be voted upon by the committee. The committee shall keep minutes of its meetings.

##### **§ 18A:3B-60** Nominations and governance committee. {#sec-18a-3b-60 omnilex-key=us-nj-statutes--title-18a--18A:3B-60}

15. a. The governing board of a public research university or a State college shall establish a nominations and governance committee. The nominations and governance committee shall have a written charter that defines the committee's purpose and responsibilities which shall include, but need not be limited to:

(1) overseeing matters directly affecting the governance of the institution;

(2) periodically reviewing and updating board by-laws;

(3) identifying and screening candidates for membership on the governing board; and

(4) referring candidates to the governing board for the consideration of the board in making its recommendations to the Governor on potential new members.

b. In identifying candidates for appointment to the governing board, the committee shall seek individuals with skills that are appropriate to the mission of the institution and which complement the range of expertise contributed to the governing board by its existing members. The committee shall seek candidates of diverse background and experience, as well as those with ties to the institution.

The recommendations of the nominations and governance committee shall be voted upon by the committee. The committee shall keep minutes of its meetings.

c. The governing board of a public research university or a State college shall establish criteria for the identification, qualification, and recommendation of prospective candidates for appointment to the board. The criteria shall include qualification criteria that are consistent with the statutory responsibilities of the board and tailored to the institution.

##### **§ 18A:3B-61** Fundraising and development strategies. {#sec-18a-3b-61 omnilex-key=us-nj-statutes--title-18a--18A:3B-61}

16. The governing board of a public research university or a State college shall develop and implement fundraising and development strategies that encourage the active involvement of all board members and that, as may be appropriate, assist fundraising by institutional foundations.

##### **§ 18A:3B-62** Provision of information, orientation, training. {#sec-18a-3b-62 omnilex-key=us-nj-statutes--title-18a--18A:3B-62}

17. A public research university and State college shall provide information, orientation, and training to each of its governing board members on the legal and ethical responsibilities of a member of the governing board. The training provided to governing board members shall be in accordance with the provisions of section 1 of P.L.2021, c.250 (C.18A:3B-6.3).

##### **§ 18A:3B-63** Procedure for change in programmatic mission. {#sec-18a-3b-63 omnilex-key=us-nj-statutes--title-18a--18A:3B-63}

18. a. When a public research university or a State college determines to seek a change to its programmatic mission, the university or college shall submit to the commission:

(1) a notice of the intent to seek a change to the institution's programmatic mission; and

(2) a petition for approval for a change in the programmatic mission of the institution, when such petition is ready for submission. The petition shall include information on the long-term costs of the change in programmatic mission and a cost-benefit analysis of the expected impact of the change that considers the expected needs of the State and the potential impact of the change on other academic programs of the institution.

b. The commission shall issue its response to the petition within one year of its receipt.

##### **§ 18A:3B-64** Meeting convened by commission. {#sec-18a-3b-64 omnilex-key=us-nj-statutes--title-18a--18A:3B-64}

19. The commission shall convene a meeting, at least once a year, of representatives of all public and independent institutions of higher education to discuss issues related to the development and implementation of new degree programs.

##### **§ 18A:3B-65** Plan for branch campus, additional location; definitions. {#sec-18a-3b-65 omnilex-key=us-nj-statutes--title-18a--18A:3B-65}

20. a. Subject to the approval of the Secretary of Higher Education, the governing board of a public research university or a State college may establish a branch campus. The governing board shall submit the plan for the branch campus to the secretary for review and approval. The plan shall be developed and reviewed according to standards established by the secretary through regulations promulgated pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

b. When the governing board, after study and investigation, determines that it is advisable for the institution to establish a branch campus or additional location out-of-State or out-of-country that will serve at least 100 students of the institution, the board shall include in the plan for the branch campus or additional location submitted to the secretary:

(1) a description of the higher educational needs of the country or region in which the branch campus or additional location shall be located;

(2) a description of the proposed branch campus or additional location and its proposed programs and curriculum;

(3) an estimate of the cost of establishing and maintaining the branch campus or additional location including the cost of any planned acquisition or construction of facilities;

(4) a commitment that the branch campus or additional location will comply with the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act; and

(5) any other information or data deemed necessary by the secretary.

c. In developing a response to the plan, the secretary shall consider whether there is a need for the institution to acquire a branch campus or additional location and whether the institution has the financial capacity to support the campus or additional location.

d. The secretary may approve the establishment of an out-of-State or out-of-country branch campus or additional location if the secretary determines that the branch campus or additional location:

(1) serves a compelling State interest;

(2) does not impose excessive costs or reputational risk to the State;

(3) does not impose a risk to the security interests of the State or federal government; and

(4) does not conflict with existing State or federal laws or regulations.

In making the determination, the secretary may utilize the assistance of an external consultant team, solicit comments from interested parties including faculty and members of professional staff not holding faculty rank at the public research university or State college, and conduct a site visit at the proposed site of the branch campus or additional location.

e. The governing board of a public research university or a State college shall fix the salary of all faculty and members of the professional staff not holding faculty rank performing services at an out-of-State or out-of-country branch campus or additional location, and the faculty and members shall be paid and provided benefits in the same manner as all other employees of the public research university or State college performing services on behalf of the public research university or State college within the State.

f. The cost for consultants utilized by the secretary and other out-of-pocket expenses incurred by the secretary for branch campus and related reviews shall be paid by the institution seeking to establish a branch campus or additional location.

g. The secretary shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to carry out the provisions of this section.

h. When the governing board of an independent institution of higher education, after study and investigation, determines that it is advisable for the institution to establish a branch campus or additional location in the State that will serve at least 100 students of the institution, the board shall submit the plan for the branch campus or additional location to the secretary for review and comment. The plan shall be developed and reviewed according to standards established by the secretary through rules and regulations promulgated pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

i. As used in this section:

"Additional location" means a location, other than a branch campus, that is geographically apart from the main campus and at which the institution offers at least 50 percent of an educational program.

"Branch campus" means a physical facility located at a place other than the institution's principal campus offering one or more complete programs leading to a degree.

##### **§ 18A:3B-66** Reference to mean, refer to Secretary of Higher Education. {#sec-18a-3b-66 omnilex-key=us-nj-statutes--title-18a--18A:3B-66}

21. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the executive director of the New Jersey Commission on Higher Education, the same shall mean and refer to the Secretary of Higher Education.

##### **§ 18A:3B-67** Regulations. {#sec-18a-3b-67 omnilex-key=us-nj-statutes--title-18a--18A:3B-67}

22. The Commission on Higher Education shall adopt regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of this act.

##### **§ 18A:3B-68** Adoption of policy by public institutions of higher education. {#sec-18a-3b-68 omnilex-key=us-nj-statutes--title-18a--18A:3B-68}

28. a. A public institution of higher education shall adopt a policy to be included in its student code of conduct prohibiting harassment, intimidation, or bullying. The policy shall contain, at a minimum:

(1) A statement prohibiting harassment, intimidation, or bullying;

(2) Disciplinary actions which may result if a student commits an act of harassment, intimidation, or bullying; and

(3) A definition of harassment, intimidation, or bullying that at a minimum includes any gesture, any written, verbal or physical act, or any electronic communication, whether it be a single incident or a series of incidents, that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability, or by any other distinguishing characteristic, that takes place on the property of the institution of higher education or at any function sponsored by the institution of higher education, that substantially disrupts or interferes with the orderly operation of the institution or the rights of other students and that:

(a) a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or damaging the student's property, or placing a student in reasonable fear of physical or emotional harm to his person or damage to his property;

(b) has the effect of insulting or demeaning any student or group of students; or

(c) creates a hostile educational environment for the student by interfering with a student's education or by severely or pervasively causing physical or emotional harm to the student.

b. The institution shall distribute the policy by email to each student within seven days of the start of each semester and shall post the policy on its website.

##### **§ 18A:3B-69** Emergency operations plan for institutions of higher education. {#sec-18a-3b-69 omnilex-key=us-nj-statutes--title-18a--18A:3B-69}

1. a. The governing board of each institution of higher education shall develop and coordinate an emergency operations plan to ensure the continuity of essential institution functions under all circumstances. The plan shall:

(1) identify a baseline of preparedness for all potential emergencies, including pandemics, to establish a viable capability to perform essential functions during any emergency that disrupts normal operations; and

(2) be coordinated with State and local authorities including, but not limited to, the State Office of Emergency Management, local law enforcement officers, county and local health officers, county offices of emergency management, and other emergency responders.

b. The plan shall include, but not be limited to, the following components: identification of essential functions, programs, and personnel; procedures to implement the plan; delegation of authority and lines of succession; identification of alternative facilities and related infrastructure, including those for communications; identification and protection of vital records and databases; and schedules and procedures for periodic tests, training, and exercises. The plan shall be consistent with the local emergency operations plan of the municipality in which the institution is located.

c. The governing board of the institution shall adopt and submit for review an emergency operations plan to the Secretary of Higher Education, the State Office of Emergency Management, the Department of Health, and the Office of Homeland Security and Preparedness within six months of the effective date of this act. The governing board shall review, update, and resubmit the plan to the offices every five years. If an emergency incident occurs at an institution during the five-year period, the plan shall be reviewed immediately.

d. The Office of Homeland Security and Preparedness, the State Office of Emergency Management, the Department of Health, and the Secretary of Higher Education shall review the emergency operations plan submitted by an institution of higher education pursuant to subsection c. of this section and, when necessary, shall in coordination with other State agencies make recommendations to the institution for improving the plan that are deemed necessary.

e. Any plan prepared pursuant to this section shall not be considered a government record as defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1) and shall not be available for public inspection, copying, or the purchase of copies.

##### **§ 18A:3B-70** Substance abuse recovery housing programs at certain institutions of higher education. {#sec-18a-3b-70 omnilex-key=us-nj-statutes--title-18a--18A:3B-70}

1. a. Within four years after the effective date of this act, each four-year public institution of higher education, in which at least 25% of the undergraduate students live in on-campus housing, shall establish a substance use disorder recovery housing program. The purpose of the program shall be to provide a supportive substance-free dormitory environment that recognizes the unique risks and challenges that recovering students face, and that provides support programs to recovering students who reside in the recovery housing to assist their efforts to remain substance-free. The program shall include on-site counseling, mentoring, peer support, and other appropriate services. An institution may designate a floor, wing, or other designated area within a dormitory building for the substance use disorder recovery housing program, and shall not be required to designate an entire dormitory building for the program.

b. The institution shall apply for any federal, State, corporate, or other grant funding that may be available to implement the substance use disorder recovery housing program.

##### **§ 18A:3B-71** Report of criminal and fire events at public institutions of higher education. {#sec-18a-3b-71 omnilex-key=us-nj-statutes--title-18a--18A:3B-71}

1. The president of each public institution of higher education, or his designee, shall report to the governing board of the institution, at each of its regular meetings, all crimes, fires, and other emergencies which occurred on campus during the previous reporting period. The report shall include: a count and classification of all criminal incidents which occurred on campus and which were recorded by campus security and campus or local police departments; a list of campus alerts, threats, or emergencies which occurred on campus; and a count and classification of all fire incidents which occurred on campus and which were recorded by campus security and local fire departments. The report may also include: the status of all investigations of such acts or events, the type and nature of any discipline imposed on any student or employee identified as causing or contributing to an act or event; and any other measures imposed, training conducted, or programs implemented, to reduce the incidence of such acts and events.

For all matters in the report not subject to public inspection, examination, or copying under the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.); any other statute; regulation promulgated under the authority of any statute or Executive Order of the Governor; Executive Order of the Governor; or any federal law, federal regulation, or federal order, such matters shall be reported by the president to the board in an executive session and such reporting shall not render the information a government record available for inspection under the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.); any other statute; regulation promulgated under the authority of any statute or Executive Order of the Governor; Executive Order of the Governor; or any federal law, federal regulation, or federal order.

##### **§ 18A:3B-72** Short title. {#sec-18a-3b-72 omnilex-key=us-nj-statutes--title-18a--18A:3B-72}

1. This act shall be known and may be cited as the "Madison Holleran Suicide Prevention Act."

##### **§ 18A:3B-73** Institution of higher education required to provide access to suicide prevention services; training for faculty and staff provided. {#sec-18a-3b-73 omnilex-key=us-nj-statutes--title-18a--18A:3B-73}

2. a. An institution of higher education shall have individuals with training and experience in mental health issues who focus on reducing student suicides and attempted suicides available on campus or remotely by telephone or other means for students 24 hours a day, seven days a week. Individuals with training and experience in mental health issues shall also work with, and annually train, faculty and staff on ways to recognize the signs of depression and the warning signs and risk factors associated with student suicide, and on the referral of students to crisis hotlines and mental health screenings.

b. No later than 15 days following the beginning of each semester, an institution of higher education shall transmit to each student via electronic mail the contact information of the individuals required pursuant to subsection a. of this section.

An institution of higher education may satisfy this requirement by providing each student with the hotline number for the National Suicide Prevention Lifeline, the NJ Hopeline, or any 24/7 mental health hotline deemed appropriate by the Secretary of Higher Education. In addition to providing students with the hotline numbers, the institution shall post the hotline numbers in each dormitory, library, and student center, and any other facility or area on campus that the institution determines to be appropriate.

c. A four-year institution of higher education shall require all students who serve as resident assistants to receive annual training on the signs of depression, the warning signs and risk factors associated with college student suicide, the referral of students to campus mental health resources, and responding to students in crisis. The training shall be developed by a licensed mental health professional with experience in treating depression in college students.

d. An institution of higher education shall annually conduct a mental health public awareness campaign on campus designed to:

(1) provide students with information on depression and suicide;

(2) raise awareness about the mental health services available on and off campus; and

(3) reduce the stigma associated with seeking mental health services.

e. The president of an institution of higher education, or a designee, shall establish a mental health crisis assessment and response plan. The purpose of the plan shall be to act as the official protocol to be used by campus staff, faculty, and resident assistants in the case of four-year institutions, to identify, assess, and respond to a student who is experiencing a mental health crisis. The plan shall include an assessment, every five years, of elements of the campus environment that might be used in a suicide attempt including, but not limited to: access to building rooftops, balconies, windows, and bridges; access to toxic substances including chemicals in campus laboratories; and access to drugs, alcohol, controlled dangerous substances, and firearms.

f. No campus staff member, faculty member, or resident assistant at an institution of higher education shall be held liable for any good faith act or omission consistent with the provisions of this section. For purposes of this section, good faith shall not include willful misconduct, gross negligence, or recklessness.

##### **§ 18A:3B-73.1** Higher education student identification cards with New Jersey Suicide Prevention Hopeline contact information. {#sec-18a-3b-73.1 omnilex-key=us-nj-statutes--title-18a--18A:3B-73.1}

2. An institution of higher education that issues student identification cards shall have printed on the back of the student identification cards the telephone number for mental health and suicide crisis resources, as determined by the Commissioner of Human Services, in consultation with the Secretary of Higher Education.

##### **§ 18A:3B-73.2** National Suicide Prevention Lifeline, provision of contact information. {#sec-18a-3b-73.2 omnilex-key=us-nj-statutes--title-18a--18A:3B-73.2}

3. An institution of higher education that issues student identification cards may, in addition to the telephone number for mental health and suicide crisis resources, provide contact information for the National Suicide Prevention Lifeline, an on-campus crisis center, or any other mental health support service.

##### **§ 18A:3B-74** Institution of higher education prohibited from pregnancy discrimination; written policy. {#sec-18a-3b-74 omnilex-key=us-nj-statutes--title-18a--18A:3B-74}

1. a. An institution of higher education offering associate, baccalaureate, or graduate degree programs shall be prohibited from requiring a student to take a leave of absence, withdraw from an associate, baccalaureate, or graduate program, or limit the student's studies solely due to pregnancy or pregnancy-related issues.

b. An institution of higher education offering associate, baccalaureate, or graduate degree programs shall provide reasonable accommodations to a pregnant student to enable the student to complete coursework and research. Reasonable accommodations to a pregnant student shall include, but need not be limited to, allowances for the student's health and safety, such as allowing the student to maintain a safe distance from hazardous substances, allowing the student to make up tests and assignments that are missed for pregnancy-related reasons, allowing a student to take a leave of absence, and excusing medically-necessary absences.

c. An institution of higher education offering associate, baccalaureate, or graduate degree programs shall develop and adopt a written policy for students on pregnancy discrimination and procedures for addressing pregnancy discrimination complaints under Title IX of the Education Amendments of 1972, 20 U.S.C. s.1681 et seq. or under P.L.2016, c.88 (C.18A:3B-74 et seq.). A copy of the policy shall annually be made available to all faculty, staff, and employees. The policy shall be distributed to all students attending orientation sessions at the institution.

##### **§ 18A:3B-75** Leave of absence for graduate student. {#sec-18a-3b-75 omnilex-key=us-nj-statutes--title-18a--18A:3B-75}

2. a. A graduate student who chooses to take a leave of absence because she is pregnant or has recently given birth shall be allowed a period consistent with the policies of the institution of higher education in which she is enrolled, or a period of 12 months, whichever period is longer, to prepare for and take preliminary and qualifying examinations. The normative time to degree while in candidacy for a graduate degree for a pregnant graduate student shall be increased in an amount equal to the length of the leave of absence, unless a longer extension is medically necessary.

b. A graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the student's child shall be allowed a period consistent with the policies of the institution of higher education at which the student is enrolled, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least one month toward normative time to degree while in candidacy for a graduate degree, unless a longer period or extension is medically necessary to care for the student's partner or their child.

##### **§ 18A:3B-76** Return to program in good academic standing. {#sec-18a-3b-76 omnilex-key=us-nj-statutes--title-18a--18A:3B-76}

3. a. An enrolled student in good academic standing who chooses to take a leave of absence because she is pregnant or has recently given birth shall return to the associate, baccalaureate, or graduate program in good academic standing following a leave period consistent with the policies of the institution of higher education at which the student is enrolled or of up to one academic year, whichever period is longer, subject to the reasonable administrative requirements of the institution, unless there is a medical reason for a longer absence, in which case her standing in the associate, baccalaureate, or graduate program shall be maintained during that period of absence.

b. An enrolled student in good academic standing who is not the birth parent and who chooses to take a leave of absence because of the birth of the student's child shall return to the associate, baccalaureate, or graduate program in good academic standing following a leave period consistent with the policies of the institution of higher education at which the student is enrolled, or of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the institution.

##### **§ 18A:3B-77** Limit on payment to speakers at public institutions of higher education. {#sec-18a-3b-77 omnilex-key=us-nj-statutes--title-18a--18A:3B-77}

1. A public institution of higher education shall not use State funds in excess of $10,000 to pay an individual for any speaking engagement at or hosted by the institution, including the commencement address at any graduation ceremony conducted by the institution. In the event that an institution violates the provisions of this section, the State Treasurer shall debit from the institution's State operating aid an amount equal to the amount paid by the institution to the speaker.

##### **§ 18A:3B-78** Three plus one degree programs. {#sec-18a-3b-78 omnilex-key=us-nj-statutes--title-18a--18A:3B-78}

1. a. A four-year institution of higher education and a county college may partner to establish a three plus one degree program for a baccalaureate degree in such majors as the institutions of higher education may determine.

b. Under a three plus one degree program established pursuant to this section, a student admitted into the program shall:

(1) complete the first two academic years of the program at the county college, pay the tuition and fees of the county college, and receive an associate degree;

(2) complete the third academic year of the program at the county college and pay the tuition and fees of the county college. Academic credits for the third academic year shall be awarded by the county college. Instruction in the third academic year in any 300-level class shall be provided by either an advanced degree faculty member of the county college in collaboration with a faculty member of the four-year institution or by a faculty member of the four-year institution, in accordance with accreditation standards of the Middle States Commission on Higher Education. Instruction in the third academic year in any 300-level class shall be equivalent in rigor to instruction in 300-level classes taught at the four-year institution . To maintain academic quality control, in the third year, the course content of courses in the student's major shall be determined by the four-year institution with input from the county college faculty;

(3) be admitted to and attend the four-year institution for the fourth academic year of the program and pay the tuition and fees of that institution; and

(4) earn a baccalaureate degree from the four-year institution.

c. The Secretary of Higher Education shall report annually to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the number of three plus one degree programs implemented during the prior academic year.

d. Any three plus one degree program for a baccalaureate degree in a particular major which was established prior to the effective date of this act or approved by the governing boards of the institutions prior to the effective date of this act shall be exempt from the provisions of this section.

##### **§ 18A:3B-79** Eligibility for certain grants. {#sec-18a-3b-79 omnilex-key=us-nj-statutes--title-18a--18A:3B-79}

2. a. Notwithstanding any law or regulation to the contrary, a student who is otherwise eligible for a State tuition aid grant and who is participating in a three plus one degree program established pursuant to section 1 of P.L.2018, c.144 (C.18A:3B-78) shall be eligible for a State tuition aid grant while enrolled in a county college for the third academic year of the program.

b. Notwithstanding any law or regulation to the contrary, a student who is otherwise eligible for an Educational Opportunity Fund grant and who is participating in a three plus one degree program established pursuant to section 1 of P.L.2018, c.144 (C.18A:3B-78) shall be eligible for an Educational Opportunity Fund grant while enrolled in a county college for the third academic year of the program.

##### **§ 18A:3B-80** Eligibility for certain scholarships. {#sec-18a-3b-80 omnilex-key=us-nj-statutes--title-18a--18A:3B-80}

3. Notwithstanding any law or regulation to the contrary, a student participating in a three plus one degree program established pursuant to section 1 of P.L.2018, c.144 (C.18A:3B-78):

a. shall be eligible to receive an NJSTARS scholarship for the first three academic years of the three plus one degree program, provided the student meets the requirements for receipt of the scholarship; and

b. shall be eligible to receive an NJSTARS II scholarship for the fourth academic year of the three plus one degree program, provided the student meets the requirements for receipt of the scholarship.

##### **§ 18A:3B-81** Definitions relative to open textbooks. {#sec-18a-3b-81 omnilex-key=us-nj-statutes--title-18a--18A:3B-81}

1. As used in this act:

"Open educational resource" means an educational resource that is licensed under an open license and made freely available online to the public.

"Open license" means a world-wide, royalty-free, non-exclusive, perpetual, irrevocable copyright license granting the public permission to access, reproduce, publicly perform, publicly display, adapt, distribute, and otherwise use the work and adaptations of the work for any purpose, conditioned only on the requirement that attribution be given to authors as designated.

"Open textbook" means an open educational resource or set of open educational resources that either is a textbook or can be used in place of a textbook for a postsecondary course at an institution of higher education.

##### **§ 18A:3B-82** Plan for use of open textbooks, digital learning materials. {#sec-18a-3b-82 omnilex-key=us-nj-statutes--title-18a--18A:3B-82}

2. a. Within one year of the effective date of P.L.2019, c.77 (C.18A:3B-81 et seq.), an institution of higher education, after consultation with faculty members at the institution, shall submit a plan to the Secretary of Higher Education to expand the use of open textbooks and commercial digital learning materials in order to achieve savings for students enrolled in the institution. The plan may include strategies employed by the institution during the last academic year.

b. The secretary shall review the plan submitted by an institution to ensure that the plan has the potential to:

(1) achieve the highest level of savings for students through the sustainable expanded use of open textbooks in courses offered by the institution;

(2) produce the highest quality open textbooks that can be most easily utilized and adapted by faculty members at the institution, and correspond to the highest enrollment courses at the institution;

(3) ensure that the full and complete digital content of each open textbook created or adapted in accordance with the plan is made available to students enrolled in the institution:

(a) on the institution's college bookstore website in an easily accessible location; and

(b) in a machine readable, digital format that a student can download;

(4) ensure that the institution is making a good faith effort to provide open textbooks to students; and

(5) provide for the implementation of programs which reduce the cost of commercial digital learning materials pursuant to 34 C.F.R. s.668.164(c)(2).

##### **§ 18A:3B-83** Report. {#sec-18a-3b-83 omnilex-key=us-nj-statutes--title-18a--18A:3B-83}

3. The Secretary of Higher Education shall submit a report by July 1 of each academic year to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), that provides information on which institutions of higher education are offering open textbooks.

##### **§ 18A:3B-84** Public institution of higher education to post budget, other information on website. {#sec-18a-3b-84 omnilex-key=us-nj-statutes--title-18a--18A:3B-84}

1. a. A public institution of higher education shall post by August 15 of each year its budget for the upcoming academic year on the institution's website for public inspection. The institution shall also post a summary document that outlines in a user-friendly manner the institution's major sources of revenue and major categories of expenditures.

b. The information required pursuant to subsection a. of this section shall be posted on the website in a prominent and easily accessible location.

##### **§ 18A:3B-85** "Homes for Animal Heroes Act." {#sec-18a-3b-85 omnilex-key=us-nj-statutes--title-18a--18A:3B-85}

1. a. An institution of higher education that uses cats or dogs for educational, research, or scientific purposes, or a research institution that contracts with an institution of higher education for the use of cats or dogs for educational, research, or scientific purposes, shall require the assessment of the health of a cat or dog and determine whether it is suitable for adoption after the completion of any testing or research involving the cat or dog. If the institution determines that the cat or dog is suitable for adoption, the institution shall offer the cat or dog to an animal rescue organization or private individual for adoption. An institution required to offer cats or dogs for adoption pursuant to this section may enter into an agreement with an animal rescue organization or private individual to implement this section on an on-going basis.

b. An institution that provides a cat or dog to an animal rescue organization or private individual pursuant to this section shall be immune from any civil liability arising from the transfer of the cat or dog, provided the institution has acted in good faith concerning the suitability of the cat or dog for adoption.

c. An institution required to offer cats or dogs for adoption pursuant to this section may establish guidelines or other qualifications in order to determine if a cat or dog is suitable for adoption, or to determine whether an animal rescue organization or private individual is qualified to receive a cat or dog for adoption pursuant to this section.

d. As used in this section, "animal rescue organization" means the same as that term is defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

##### **§ 18A:3B-89.1** Sports wagering partnership prohibited at public institutions of higher education. {#sec-18a-3b-89.1 omnilex-key=us-nj-statutes--title-18a--18A:3B-89.1}

1. a. As used in this section, "sports wagering partnership" means a partnership or contractual agreement between a sports wagering operator or intermediary and a public institution of higher education, including an athletic department or booster club of the institution, for access to advertise in the institution's stadiums and other facilities, in digital and broadcast sports content, and through other means.

b. A public institution of higher education shall not participate in a sports wagering partnership as defined by subsection a. of this section.

c. The provisions of subsection b. of this section shall not apply to a foundation institutionally related to a public institution of higher education, provided that a sports wagering partnership into which the foundation enters shall not include direct advertising or marketing to students enrolled in the institution. Direct advertising or marketing shall include advertising or marketing at on-campus locations and off-campus locations associated with the public institution of higher education, and any electronic advertising or marketing explicitly directed to students enrolled in the institution.

d. The provisions of this section shall not be construed to apply to any partnership between a public institution of higher education and casino licensees, sports wagering licensees, or their contracted operators which the partnership is established for academic purposes or provides experiential learning opportunities to students enrolled in the institution.

##### **§ 18A:3B-89.1a** Council on Compulsive Gambling, presence, institutions of higher education. {#sec-18a-3b-89.1a omnilex-key=us-nj-statutes--title-18a--18A:3B-89.1a}

1. At least once per semester, and as often as the institution determines to be appropriate, a public institution of higher education shall invite and facilitate the presence of the Council on Compulsive Gambling of New Jersey on the institution’s campus for the purpose of providing information and resources relevant to compulsive gambling which shall include, but shall not be limited to, information regarding the potential risks associated with gambling, compulsive gambling counseling services, and options for gambling self-exclusion programs.

##### **§ 18A:3B-89.2** "Related entity" meaning. {#sec-18a-3b-89.2 omnilex-key=us-nj-statutes--title-18a--18A:3B-89.2}

1. As used in this act, "related entity" includes, but is not limited to, an auxiliary services corporation, an alumni association, a foundation related to a four-year institution of higher education, or any subsidiary or affiliated entity of a four-year institution of higher education.

##### **§ 18A:3B-89.3** Student-athletes, compensation, use of own name, image, likeness. {#sec-18a-3b-89.3 omnilex-key=us-nj-statutes--title-18a--18A:3B-89.3}

2. a. A four-year institution of higher education shall not prohibit or prevent a student-athlete who participates in intercollegiate athletics from earning compensation as a result of the use of the student-athlete's name, image, or likeness.

b. A four-year institution of higher education or any related entity of an institution may enter into a contract with a student-athlete to directly compensate the student-athlete for use of the student-athlete's name, image, or likeness.

c. Notwithstanding the provisions of subsections a. and b. of this section to the contrary, a student-athlete participating in intercollegiate athletics who is under 21 years of age shall be prohibited from earning compensation as a result of the use of the student-athlete's name, image, or likeness in connection with any person, company, or organization related to or associated with the development, production, distribution, wholesaling, or retailing of: alcohol products, tobacco and electronic smoking products and devices, and cannabis products.

##### **§ 18A:3B-89.4** Professional representation, student-athletes. {#sec-18a-3b-89.4 omnilex-key=us-nj-statutes--title-18a--18A:3B-89.4}

3. a. A four-year institution of higher education shall not prohibit or prevent a student-athlete participating in intercollegiate athletics from obtaining professional representation in relation to contracts or legal matters including, but not limited to, representation provided by athlete agents or legal representation provided by attorneys.

b. Legal representation obtained by student-athletes shall be by licensed attorneys. Athlete agents representing student-athletes shall comply with the federal "Sports Agent Responsibility and Trust Act" (15 U.S.C. s.7801 et seq.) in their relationship with student-athletes. Licensed attorneys and athlete agents shall act in a fiduciary capacity when representing a student-athlete.

##### **§ 18A:3B-89.5** Student-athlete contracts, public disclosure. {#sec-18a-3b-89.5 omnilex-key=us-nj-statutes--title-18a--18A:3B-89.5}

4. Notwithstanding any other law, rule, or regulation to the contrary, any contract a student-athlete enters into providing compensation to the student-athlete for use of the student-athlete's name, image, or likeness pursuant to section 2 of this act shall not be subject to public disclosure pursuant to the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act.

##### **§ 18A:3B-89.6** Prohibited actions regarding student-athletes, organizations with authority over intercollegiate athletics. {#sec-18a-3b-89.6 omnilex-key=us-nj-statutes--title-18a--18A:3B-89.6}

5. a. An athletic association, conference with member institutions that offer athletic scholarships, or other group or organization with authority over intercollegiate athletics including, but not limited to, the National Collegiate Athletic Association, shall not:

(1) prohibit or prevent a four-year institution of higher education from becoming a member of the association, conference, or organization, or participating in intercollegiate athletics sponsored by the association, conference, or organization, as a consequence of any student-athlete earning compensation for the use of the student-athlete's name, image, or likeness or obtaining representation by an athlete agent or attorney in connection with issues related to name, image, or likeness;

(2) take any other adverse action against a four-year institution of higher education or any other related entity of an institution, for activity permitted pursuant to this act;

(3) penalize a four-year institution of higher education or student-athlete, or prevent a four-year institution of higher education or student-athlete from participating in intercollegiate athletics, because an individual or related entity whose purpose includes supporting or benefiting the institution or student-athletes violates its rules or regulations concerning name, image, or likeness;

(4) prevent a four-year institution of higher education from compensating a student-athlete for the use of the student-athlete's name, image, or likeness; or

(5) prevent a four-year institution of higher education or any other related entity of an institution from identifying, creating, negotiating, facilitating, supporting, engaging with, assisting with, or otherwise enabling a name, image, or likeness opportunity for a student-athlete.

b. A four-year institution of higher education or any other related entity of an institution that is subjected to any actual or threatened complaint, investigation, penalty, or other adverse action of an athletic association, conference, or other group or organization with authority over intercollegiate athletics including, but not limited to, the National Collegiate Athletic Association, for engaging in activities permitted pursuant to this act, may bring an action to recover actual damages and reasonable attorney fees and may seek injunctive relief and any other remedy available at law or in equity.

##### **§ 18A:3B-89.7** Programming, educational materials on name, image, likeness use, student-athletes. {#sec-18a-3b-89.7 omnilex-key=us-nj-statutes--title-18a--18A:3B-89.7}

6. In each academic year, each four-year institution of higher education shall make available to all student-athletes participating in intercollegiate athletics at the institution programming or educational materials on name, image, or likeness. The programming or educational materials shall include, but not be limited to, financial literacy; brand management; life skills; and other programming on skills necessary for success as a student-athlete.

##### **§ 18A:3B-89.8** Applicability. {#sec-18a-3b-89.8 omnilex-key=us-nj-statutes--title-18a--18A:3B-89.8}

7. The provisions of this act shall only apply to four-year institutions of higher education that offer athletic scholarships.

##### **§ 18A:3B-90** Definitions relative to post-secondary education. {#sec-18a-3b-90 omnilex-key=us-nj-statutes--title-18a--18A:3B-90}

6. As used in sections 6 through 12 of P.L.2021, c.27 (C.18A:3B-90 through C.18A:3B-96):

"Closure" means the cessation of operations by an institution of higher education or a proprietary institution licensed to offer academic degrees.

"Secretary" means the Secretary of Higher Education.

"Disorderly closure" means a closure that does not meet the requirements of P.L.2021, c.27 (C.18A:3B-90 et al.).

"Eligible transfer institution" means an institution of higher education or a proprietary institution licensed to offer academic degrees that has been approved by the secretary pursuant to section 10 of P.L.2021, c.27 (C.18A:3B-94).

"Institutional debt" means:

(1) the amount outstanding on any credit, including unpaid charges, extended by or on behalf of an institution of higher education or a proprietary institution licensed to offer academic degrees that a student is obligated to repay, whether the amount has been reduced to a judgment or the institution classifies it as a loan; or

(2) a nonfederal loan or debt agreement that is issued expressly for postsecondary education expenses and that is guaranteed by an institution of higher education or a proprietary institution or a private educational lender that is affiliated with an institution of higher education or a proprietary institution.

"Institutional financial aid agreement" means any contract, promissory note, part of an enrollment agreement, or other agreement in which a student agrees to pay an institutional debt.

"Orderly closure" means a closure that meets the requirements of P.L.2021, c.27 (C.18A:3B-90 et al.).

"Student" means an individual enrolled at an institution of higher education or a proprietary institution licensed to offer academic degrees in New Jersey, or a New Jersey resident enrolled at an institution of higher education or proprietary institution located outside of this State.

"Teach-out agreement" means a written agreement between institutions that provides for the equitable treatment of students and a reasonable opportunity for students to complete their program of study if an institution, or an institutional location that provides 100 percent of at least one program offered, ceases to operate before all enrolled students have completed their program of study.

"Teach-out plan" means a written plan developed by the institution that provides for the equitable treatment of students if an institution, or an institutional location, ceases to operate before all students have completed their program of study, and may include, if required by the institution's accrediting agency, a teach-out agreement between institutions.

##### **§ 18A:3B-91** Information provided to secretary. {#sec-18a-3b-91 omnilex-key=us-nj-statutes--title-18a--18A:3B-91}

7. a. An independent institution of higher education and a proprietary institution licensed to offer academic degrees shall immediately notify the secretary of any known financial liabilities or risks that are reasonably likely to result in the imminent closure of the institution or otherwise negatively affect the institution's ability to fulfill its obligations to current and admitted students.

b. All independent institutions and proprietary institutions licensed to offer academic degrees shall submit an annual fiscal monitoring report to the secretary according to a schedule established by the secretary and in a format developed by the secretary.

c. The secretary shall establish a process to annually assess each independent institution's and proprietary institution's financial information to identify whether an institution is at risk of imminent closure. The assessment shall be based on a review of information received through the annual fiscal monitoring report. In addition to the annual report, the secretary may also conduct additional assessments at the secretary's discretion to identify whether an institution is at risk of imminent closure.

d. If the secretary determines there is a risk of imminent closure, the determination and a summary of the basis for the determination shall be provided to the institution. Upon receipt of the determination and summary the institution shall immediately:

(1) notify the secretary of any known liabilities, risks, or financial issues;

(2) provide to the secretary any information necessary to accurately and fairly determine the institution's financial status and likelihood of imminent closure and to monitor its condition;

(3) prepare and submit to the secretary a contingency plan for closure, which shall include:

(a) a process to notify relevant stakeholders, as determined by the secretary including, but not limited to, enrolled students, candidates who have submitted applications, recent graduates, faculty, staff, and host communities;

(b) arrangements for the continued education of currently enrolled students via teach-out agreement or other practical solution;

(c) a plan for the transfer to and long-term maintenance of records, particularly student academic records, by a third-party if the institution closes;

(d) information about the rights and responsibilities of student loan borrowers;

(e) information about the institution's financial condition, accreditation status, and any outstanding compliance issues regarding federal and State student aid programs; and

(f) confirmation that the institution has obtained either a surety bond or letter of credit to refund student enrollment deposits and for the cost to maintain student records by a third-party.

e. Upon a finding by the secretary that an institution has failed to comply with the requirements of this section, the secretary shall have the authority to order:

(1) a fine not to exceed $1,000 per day of non-compliance with the requirements of this section;

(2) the suspension of any State funding designated for the institution; and

(3) the suspension or revocation of any degree-granting authority previously conferred on the institution.

f. Any information submitted to, or developed by, the secretary in furtherance of this section shall not be a public record and shall be exempt from disclosure under provisions of P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act.

##### **§ 18A:3B-92** Applicability of section. {#sec-18a-3b-92 omnilex-key=us-nj-statutes--title-18a--18A:3B-92}

8. a. This section shall apply to a proprietary institution licensed to offer academic degrees that operates in this State.

b. A proprietary institution licensed to offer academic degrees shall provide the secretary a teach-out plan that addresses a potential closure of the institution. The teach-out plan shall be updated as required by the secretary.

c. A teach-out plan shall include any information required by the secretary and shall state that:

(1) the institution shall make all reasonable efforts to ensure that any closure of the institution complies with the requirements of sections 9 through 12 of P.L.2021, c.27 (C.18A:3B-93 through C.18A:3B-96);

(2) the chief executive officer and the members of the governing body of the institution were not in an executive position or a member of a governing body of an institution in which a disorderly closure occurred; and

(3) any institutional financial aid agreement offered to a student shall contain language stating that, in the event of a disorderly closure, the institutional debt shall be void and shall not be recovered, collected, or enforced.

d. The Office of the Attorney General shall seek an injunction or other judicial remedy against a proprietary institution licensed to offer academic degrees that fails to comply with the requirements of this section, including requiring the institution to refund all tuition and fees paid by any student.

##### **§ 18A:3B-93** Applicability of C.18A:3B-93 through C.18A:3B-96. {#sec-18a-3b-93 omnilex-key=us-nj-statutes--title-18a--18A:3B-93}

9. a. Sections 9 through 12 of P.L.2021, c.27 (C.18A:3B-93 through C.18A:3B-96) shall apply to an institution of higher education or a proprietary institution licensed to offer academic degrees that operates in this State.

b. An institution of higher education or a proprietary institution licensed to offer academic degrees shall enter into a school-to-school teach-out agreement at least 120 days prior to the cessation of institution operations.

c. In order to satisfy the requirements of this section, a school-to-school teach-out agreement shall:

(1) be arranged by the closing institution;

(2) be agreed to by an eligible transfer institution, the closing institution, and the secretary;

(3) unless waived for good cause by the secretary, specify that the eligible transfer institution shall:

(a) be located within a reasonable distance of the closing institution, if the closing institution has a physical presence in the State;

(b) accept the transfer of all completed credits from students affected by the closure; and

(c) allow a student affected by the closure to complete the student's program with substantially the same number of credit hours as was required by the closing institution;

(4) specify that, on request by a student affected by the closure, the closing institution shall provide a complete academic record and an official transcript to the student at no cost to the student; and

(5) meet any other standards as deemed appropriate by the secretary.

##### **§ 18A:3B-94** Approval as eligible transfer institution. {#sec-18a-3b-94 omnilex-key=us-nj-statutes--title-18a--18A:3B-94}

10. a. The Secretary of Higher Education shall approve an institution of higher education or a proprietary institution licensed to offer academic degrees to act as an eligible transfer institution if the institution:

(1) is in good standing with its accreditor and, if applicable, its licensing body;

(2) if applicable, has not been sanctioned by the United States Department of Education due to having a high cohort loan default rate;

(3) has not been placed on Heightened Cash Monitoring Payment Method Level 2 by the United States Department of Education;

(4) within the previous five years has not had any judgments related to a consumer protection law entered against it in favor of a law enforcement agency; and

(5) meets the requirements provided in section 9 of P.L.2021, c.27 (C.18A:3B-93), and any additional standards provided pursuant to subsection b. of this section.

b. The secretary may establish additional standards on a case-by-case basis for approving an eligible transfer institution.

##### **§ 18A:3B-95** Filing of certain records. {#sec-18a-3b-95 omnilex-key=us-nj-statutes--title-18a--18A:3B-95}

11. a. Before any institution of higher education or proprietary institution licensed to offer academic degrees ceases educational instruction or administrative operation, the institution shall file with the eligible transfer institution or a third-party approved by the secretary copies of all essential records of the current or former students of the institution. The obligation of an institution under this section shall not be discharged in bankruptcy.

b. If an institution of higher education or a proprietary institution licensed to offer academic degrees does not file all essential records in accordance with this section, the Office of the Attorney General may:

(1) require the institution to refund all tuition and fees paid by a student whose records are not filed in accordance with this section; and

(2) seek an injunction or other judicial remedy against the institution or school.

##### **§ 18A:3B-96** Unlawful practice, violation. {#sec-18a-3b-96 omnilex-key=us-nj-statutes--title-18a--18A:3B-96}

12. a. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any institution of higher education, proprietary institution licensed to offer academic degrees, person, or entity to collect on a student's institutional debt if the institutional financial aid agreement does not contain the language required under paragraph (3) of subsection c. of section 8 of P.L.2021, c.27 (C.18A:3B-92).

b. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for an institution of higher education or proprietary institution licensed to offer academic degrees to collect on the institutional debt of a student who attended a program in which a disorderly closure occurred.

##### **§ 18A:3B-97** Rules, regulations. {#sec-18a-3b-97 omnilex-key=us-nj-statutes--title-18a--18A:3B-97}

13. The Secretary of Higher 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 purposes of sections 6 through 12 of P.L.2021, c.27 (C.18A:3B-90 through C.18A:3B-96).

##### **§ 18A:3B-98** Program to assist institutions of higher education in recruitment, retention of underrepresented students in STEM programs. {#sec-18a-3b-98 omnilex-key=us-nj-statutes--title-18a--18A:3B-98}

1. The Secretary of Higher Education shall establish a program to assist institutions of higher education in the recruitment and retention of underrepresented students in science, technology, engineering and mathematics (STEM) programs. Underrepresented students include women and students from other populations historically underrepresented in the STEM fields. The purpose of the program shall be to develop guidance and strategies for the institutions to:

a. identify cultural and institutional barriers experienced by underrepresented students, including an assessment of the academic, social, and family-related factors which may negatively impact the recruitment and retention of those students into the STEM fields; and

b. provide the students with the institutional and faculty support necessary to allow underrepresented students in STEM programs to reach their academic goals.

In the development of the guidance and strategies, the secretary may examine any programs implemented in other states designed to increase the recruitment and retention of underrepresented students in STEM programs at institutions of higher education.

##### **§ 18A:3B-99** Findings, declaration relative to STEM outreach program. {#sec-18a-3b-99 omnilex-key=us-nj-statutes--title-18a--18A:3B-99}

1. The Legislature finds and declares that:

a. The science, technology, engineering, and mathematics (STEM) field has become extremely important for the success of the innovation economy both in New Jersey and the United States, and STEM education is critical in developing a globally competitive workforce in the 21st century.

b. Despite the increasing demand for workers with experience in STEM, women and minority groups are largely underrepresented in the STEM workforce and in STEM education at the post-secondary level.

c. According to the National Science Foundation's Science and Engineering Indicators for 2016, women comprised only 29 percent of the science and engineering workforce, despite making up half of the total college-educated workforce in the United States.

d. The gender gap in the national STEM workforce is also evidenced in New Jersey as women made up only 25.1 percent of the State's STEM workforce in October 2018, according to the New Jersey Department of Labor and Workforce Development.

e. Although women comprise more than half of the nation's college students, they are underrepresented in many STEM-related post-secondary degree programs, especially in engineering and the computer sciences.

f. Racial and ethnic minorities are similarly underrepresented in the STEM field as Hispanics, blacks, and Native Americans/Alaska Natives make up a smaller share of the science and engineering workforce (11 percent) than their proportion in the general population (27 percent of the United States working age 33 population).

g. In 2012, only 11.2 percent of bachelor's degrees in science and engineering, 8.2 percent of master's degrees in science and engineering, and 4.1 percent of doctorate degrees in science and engineering were awarded to minority women.

h. Encouraging young women and minorities to pursue post-secondary degrees and careers in STEM professions and increasing opportunities in the STEM field are important means for realizing greater economic innovation, success, and equality.

##### **§ 18A:3B-100** Outreach program for young women and minorities to pursue degrees, careers in STEM. {#sec-18a-3b-100 omnilex-key=us-nj-statutes--title-18a--18A:3B-100}

2. a. The Department of Education, in consultation with the Office of the Secretary of Higher Education and the Commission on Science, Innovation and Technology, shall develop and administer an outreach program to encourage young women and minorities to pursue post-secondary degrees and careers in science, technology, engineering, and mathematics (STEM).

b. The department, in developing and administering the outreach program, shall:

(1) provide elementary and secondary school students, especially young women and minorities, with opportunities to increase their exposure to the STEM field;

(2) distribute various printed materials to schools, encouraging young women and minorities to pursue post-secondary degrees and careers in STEM;

(3) organize and conduct mentoring sessions, in which individuals working or pursuing a post-secondary degree in the STEM field engage with elementary and secondary school students;

(4) establish a mentoring program that partners STEM professionals and STEM post-secondary students with elementary and secondary school students;

(5) create programs to increase the recruitment and retention of underrepresented faculty in STEM subject areas; and

(6) undertake any other activities the Commissioner of Education, in consultation with the Secretary of Higher Education and the chair of the Commission on Science, Innovation and Technology, deems necessary to effectuate the purposes of the outreach program.

For purposes of this act, STEM shall include, but not be limited to, science, technology, engineering, mathematics, and computer science.

##### **§ 18A:3B-101** Dispersing of information regarding income-contingent student loan repayment programs. {#sec-18a-3b-101 omnilex-key=us-nj-statutes--title-18a--18A:3B-101}

1. a. During the academic semester in which a student is scheduled to graduate, an institution of higher education shall provide each student who has outstanding student loan debt with information on federal and State of New Jersey income-contingent student loan repayment programs. The institution shall provide the student with the information in either:

(1) an in-person exit interview, which may include a remote or virtual interview; or

(2) a document sent to the student both electronically and by regular mail. The Secretary of Higher Education shall prescribe a model format for the document required by this subsection.

b. In addition to information on federal and State income-contingent student loan repayment programs as required pursuant to subsection a. of this section, the institution, during the exit interview or in the document, shall provide each student with information on the following:

(1) an estimate of the total amount of the student's loan debt;

(2) an estimate of the potential total payoff amount of the student loans incurred or a range of the total payoff amount; and

(3) an estimate of monthly repayment amounts that a similarly situated borrower may incur, including principal and interest, for that amount of student loan debt.

The information provided pursuant to paragraphs (1), (2), and (3) of this subsection shall only pertain to the debt, payoff amount, and monthly repayment amounts certified while the student attended the institution and may include a statement that the estimates and ranges provided are general in nature and not meant as a guarantee or promise of the actual projected amount.

An institution shall not incur liability for any representations made pursuant to this subsection.

##### **§ 18A:3B-102** Definitions. {#sec-18a-3b-102 omnilex-key=us-nj-statutes--title-18a--18A:3B-102}

1. As used in this act:

“Current or former student” means a person who at any time enrolled in a course offered by an institution, including a student taking a leave of absence from the institution.

“Debt” means any money, obligation, claim, or sum, due or owing, or alleged to be due or owing, from a current or former student. Debt shall include, but not be limited to, an outstanding balance on the account of a current or former student. Debt shall not include the fee, if any, charged to all students for the actual costs of providing the transcripts.

“Institution” means an institution of higher education or proprietary institution licensed to offer academic degrees.

“Non-mandatory charges” means all charges and fees imposed by an institution on a student other than tuition, room and board, and mandatory student fees and charges, as defined by the Secretary of Higher Education.

##### **§ 18A:3B-103** Transcript fees, conditions. {#sec-18a-3b-103 omnilex-key=us-nj-statutes--title-18a--18A:3B-103}

2. a. (1) Except as otherwise provided in subsection c. of this section, if a current or former student meeting the criteria enumerated in paragraph (2) of this subsection requests a transcript, an institution shall not, due to an outstanding debt on a current or former student’s account of $2,000 or less of non-mandatory charges:

(a) refuse to provide a transcript for a current or former student on the grounds that the student owes a debt;

(b) condition the provision of a transcript on the payment of a debt, other than a fee charged to provide the transcript;

(c) charge a higher fee for obtaining a transcript, or provide less favorable treatment of a transcript request because a current or former student owes a debt; or

(d) use transcript issuance as a tool for debt collection.

(2) The provisions of this section shall only apply to a current or former student whose credits in a specified payment period were not paid for using funds received from a federal student aid program under Title IV of the “Higher Education Act of 1965” (20 U.S.C. s.1070 et seq.) or funds distributed through any State student financial aid program administered by the Higher Education Student Assistance Authority, including a student loan issued through the New Jersey College Loans to Assist State Students (NJCLASS) Loan Program established pursuant to N.J.S.18A:71C-21.

b. Except as otherwise provided in subsection c. of this section, an institution may condition the provision of a transcript to a student meeting the criteria enumerated in paragraph (2) of subsection a. of this section on the student’s agreement to enter into a good faith repayment plan and submission of the first payment on that plan if the student owes the institution:

(1) debt in any amount for unpaid tuition, room and board, or other mandatory student fees or charges; or

(2) debt exceeding $2,000 from non-mandatory charges.

c. Notwithstanding the provisions of subsections a. and b. of this section to the contrary, an institution shall not restrict or condition the provision of a transcript to a student meeting the criteria enumerated in paragraph (2) of subsection a. of this section who attests that the transcript is needed to apply for new student loans or to refinance existing student loans.

d. The provisions of this section shall not apply to an institution’s provision of transcripts to students who reside outside of the United States and:

(1) are not citizens of the United States or;

(2) are current or former students who are or who were previously eligible for federal student aid or State student financial aid pursuant to section 1 of P.L.2018, c.12 (C.18A:71B-2.1).

##### **§ 18A:3B-104** Issuance of official transcripts, applicable payment periods. {#sec-18a-3b-104 omnilex-key=us-nj-statutes--title-18a--18A:3B-104}

3. An institution shall provide an official transcript to a current or former student upon the student’s request for all applicable payment periods in which:

a. the student’s credits obtained in the specified payment period were paid for using funds received from a federal student aid program under Title IV of the “Higher Education Act of 1965” (20 U.S.C. s.1070 et seq.) or funds distributed through any State student financial aid program administered by the Higher Education Student Assistance Authority, including a student loan issued through the New Jersey College Loans to Assist State Students (NJCLASS) Loan Program established pursuant to N.J.S.18A:71C-21; and

b. the student’s institutional charges incurred for the payment period, as determined pursuant to federal regulations, were paid for or included in an agreement to pay, including a loan or a payment plan, at the time of the current or former student’s request for an official transcript.

##### **§ 18A:3B-105** Prohibition against withholding official transcripts, error based in federal student aid administration, fraud, misconduct. {#sec-18a-3b-105 omnilex-key=us-nj-statutes--title-18a--18A:3B-105}

4. An institution shall not withhold official transcripts from a current or former student or take any other adverse action against a student related to debts of the student that resulted from an error in the institution’s administration of federal student aid under Title IV of the “Higher Education Act of 1965” (20 U.S.C. s.1070 et seq.) or any fraud or misconduct by the institution or an employee of the institution.

##### **§ 18A:3B-106** Transmitting transcript to third parties. {#sec-18a-3b-106 omnilex-key=us-nj-statutes--title-18a--18A:3B-106}

5. A current or former student may permit a transcript released pursuant to the provisions of this act to be transmitted to a third-party entity. An institution releasing a transcript pursuant to the provisions of this act shall provide a current or former student the option to transmit the transcript to the current or former student or to a third-party entity.

##### **§ 18A:3B-107** Violation of act, penalties. {#sec-18a-3b-107 omnilex-key=us-nj-statutes--title-18a--18A:3B-107}

6. A violation by an institution of the requirements of this act shall constitute an unlawful practice under P.L.1960, c.39 (C.56:8-1 et seq.), and shall be subject to all remedies and penalties available pursuant to the provisions of that act.

##### **§ 18A:3B-108** Receipt of transcript not to be construed as debt forgiveness. {#sec-18a-3b-108 omnilex-key=us-nj-statutes--title-18a--18A:3B-108}

7. Receipt of a transcript by a current or former student pursuant to the provisions of this act shall not be construed to forgive any debt owed by the student to an institution and shall not preclude an institution from:

a. taking any action permitted by law to recoup the student’s outstanding debt; or

b. withholding the diploma of a student with outstanding debt.

##### **§ 18A:3B-109** Transcript release policy to be posted on Internet website. {#sec-18a-3b-109 omnilex-key=us-nj-statutes--title-18a--18A:3B-109}

8. An institution shall post its policies concerning transcript release, including policies concerning transcript release to a current or former student with an outstanding debt, on the Internet website of the institution.

## **Chapter 3C** {#struct-chapter-3c}

##### **§ 18A:3C-1** Definitions relative to certain credit card solicitations. {#sec-18a-3c-1 omnilex-key=us-nj-statutes--title-18a--18A:3C-1}

1. As used in this act:

"Credit card" means a card, plate or other single credit device that may be used from time to time to obtain credit.

"Credit card issuer" means a person who extends to a student the right to use a credit card in connection with purchases of goods or services primarily for personal, family or household use.

"Institution of higher education" means any public or private university, college, technical college or community college located in New Jersey.

"Solicit" or "solicitation" means any activity on a campus of an institution of higher education specifically intended, in whole or in part, to encourage, entice, urge or request that a student apply for a credit card, but does not include:

(1) advertising in newspapers, magazines, or similar publications; or

(2) any activity within the physical location of a credit card issuer's business located on the campus of an institution of higher education, so long as the activity is conducted as part of the issuer's regular course of business.

"Student" means a person who attends an institution of higher education as an undergraduate, whether enrolled on a full-time or part-time basis.

##### **§ 18A:3C-2** Annual registration of credit card issuer. {#sec-18a-3c-2 omnilex-key=us-nj-statutes--title-18a--18A:3C-2}

2. a. Prior to engaging in the solicitation of students for applications for credit cards on a campus of an institution of higher education, a credit card issuer shall annually register its request to solicit for that purpose with an appropriate official of the institution of higher education.

b. The registration submitted to the institution of higher education shall include the principal place of business of the credit card issuer and any other information as requested by the institution.

##### **§ 18A:3C-3** Provision of program of education on responsible use of credit. {#sec-18a-3c-3 omnilex-key=us-nj-statutes--title-18a--18A:3C-3}

3. a. A credit card issuer, with an approved registration as filed pursuant to section 2 of this act, who solicits applications for credit cards on a campus of an institution of higher education shall provide to students of that campus a one-time, on-campus program of education on the responsible use of credit.

b. A program of education on the responsible use of credit that meets the requirements of subsection a. of this section shall include at a minimum:

(1) A full explanation of the financial consequences of not paying off credit card balances in full within the time specified by the billing statement to avoid interest charges, including an explanation of how the credit card issuer computes interest on unpaid balances;

(2) A full explanation of the impact of a shift from an introductory or initial interest rate to an ongoing interest rate that is higher, including the exact time when the higher ongoing interest rate takes effect, and a description of acts on the part of the cardholder that will cause an immediate shift to the higher interest rate;

(3) A full explanation, with examples, of how long it would take to pay off various illustrative balance amounts by paying the minimum monthly payment required under the credit card agreement at the interest rate charged by the credit card issuer;

(4) A full explanation of credit related terms, including fixed rates, variable rates, introductory rates, balance transfers, grace periods, annual fees and any other fees charged by the credit card issuer; and

(5) A full discussion of the generally accepted prudent uses of credit, and the consequences of imprudent uses, as presented by recognized consumer credit counseling agencies.

##### **§ 18A:3C-4** Certificate required for issuance of credit card to student. {#sec-18a-3c-4 omnilex-key=us-nj-statutes--title-18a--18A:3C-4}

4. A credit card issuer who solicits applications for credit cards on a campus of an institution of higher education shall not issue a credit card to a student enrolled in that institution of higher education, unless the application submitted by the student includes a certificate indicating that the student has attended a one-time, on-campus program of education provided by the credit card issuer, as required by section 3 of this act.

##### **§ 18A:3C-5** Prohibited actions for credit card issuer. {#sec-18a-3c-5 omnilex-key=us-nj-statutes--title-18a--18A:3C-5}

5. A credit card issuer shall not:

a. purchase or otherwise obtain from an institution of higher education the names or addresses of the students at the institution of higher education; or

b. offer gifts or other promotional incentives to students at an institution of higher education in order to entice the students to apply for a credit card.

##### **§ 18A:3C-6** Prohibited debt collection actions. {#sec-18a-3c-6 omnilex-key=us-nj-statutes--title-18a--18A:3C-6}

6. A credit card issuer shall not take any debt collection action, including, but not limited to, telephone calls or demand letters against the parent or legal guardian of a student for whom a credit card has been issued, unless the parent or legal guardian has agreed in writing to be liable for the debts of the student under the credit card agreement.

##### **§ 18A:3C-7** Violations, penalties. {#sec-18a-3c-7 omnilex-key=us-nj-statutes--title-18a--18A:3C-7}

7. Any credit card issuer who violates the provisions of this act shall be liable in a civil action to any person for damages arising from the violation, as well as attorney's fees and costs of suit. Additionally, the credit card issuer shall be subject to a civil penalty of not less than $5,000 and not more than $10,000 for each offense. The penalty may be collected in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

## **Chapter 4** {#struct-chapter-4}

##### **§ 18A:4-1** State department of education continued; composition {#sec-18a-4-1 omnilex-key=us-nj-statutes--title-18a--18A:4-1}

The state department of education is hereby continued as a principal department in the executive branch of the state government, and it shall consist of a state board of education, which shall be the head of the department, a commissioner of education, and such divisions, bureaus, branches, committees, officers and employees as are specifically referred to in this title and as may be constituted or employed by virtue of the authority conferred by this title and by any other law.

##### **§ 18A:4-1.1** Findings, declarations. {#sec-18a-4-1.1 omnilex-key=us-nj-statutes--title-18a--18A:4-1.1}

1. The Legislature finds and declares that:

a. New Jersey and the nation have experienced an increase in the number of disconnected youth, which are young adults aged 16 to 24 who are disconnected from both school and employment.

b. In New Jersey, more than 100,000 individuals were disconnected from school in 2021.

c. Disconnection from school can negatively impact an individual and their family and can have an enduring economic and social impact on the local community and society at large.

d. Despite common misconceptions, youth disconnection is not consigned to a singular demographic region or racial or ethnic group, as youth disconnection rates are high across all counties and racial and ethnic groups.

e. While the challenge of reengaging disconnected youth has persisted for decades, the COVID-19 pandemic illuminated and exacerbated youth disconnection, making it an issue that should urgently be addressed.

f. It is altogether fitting and proper that the State ensure all young people receive the resources and support to achieve their educational and postsecondary goals by providing prevention and intervention strategies for reengaging disconnected youth across the State.

##### **§ 18A:4-1.2** Disconnected youth, defined. {#sec-18a-4-1.2 omnilex-key=us-nj-statutes--title-18a--18A:4-1.2}

2. As used in this act, "disconnected youth" means youth and young adults aged 16 to 24 who are not currently attending school, participating in a training program, or employed.

##### **§ 18A:4-1.3** "Youth Disconnection Prevention and Recovery Ombudsperson" established. {#sec-18a-4-1.3 omnilex-key=us-nj-statutes--title-18a--18A:4-1.3}

3. a. There is hereby established in the Department of Education a Youth Disconnection Prevention and Recovery Ombudsperson. The Youth Disconnection Prevention and Recovery Ombudsperson shall be appointed by the Governor and shall serve at the pleasure of the Governor. The Governor shall appoint the ombudsperson no later than the 90th day following the date of enactment of this act. The ombudsperson shall report directly to the Commissioner of Education and shall only be answerable to the commissioner. The ombudsperson shall maintain a collaborative relationship with the Secretary of Higher Education. The ombudsperson shall implement a Statewide strategic plan of action to prevent individuals aged 16 to 24 from disconnecting from school, address the need for the reengagement of disconnected youth, and develop strategies to increase reengagement.

b. The ombudsperson shall serve for a term of four years and until the appointment and qualification of a successor. A vacancy occurring in the position of the ombudsperson shall be filled in the same manner as the original appointment, except that if the ombudsperson dies, resigns, becomes ineligible to serve for any reason, or is removed from office, the Governor shall appoint an acting ombudsperson who shall serve until the appointment and qualification of the ombudsperson's successor. The ombudsperson shall be a person of recognized judgment, integrity, and objectivity, and shall be skilled in communication, conflict resolution, and professionalism. The ombudsperson shall have hands-on practical experience working with disconnected youth and demonstrated higher-level leadership in an agency, institution, or organization that directly or indirectly addresses the subject of disconnected youth.

##### **§ 18A:4-1.4** Youth Disconnection Prevention and Recovery Ombudsperson, duties. {#sec-18a-4-1.4 omnilex-key=us-nj-statutes--title-18a--18A:4-1.4}

4. The duties of the Youth Disconnection Prevention and Recovery Ombudsperson established pursuant to section 3 of this act shall include, but not be limited to:

a. collaborating with school districts to develop and implement a Statewide strategic plan of action to prevent individuals aged 16 to 24 from disconnecting from school;

b. collaborating with other agencies to address the challenges facing disconnected individuals, which agencies shall include the Department of Labor and Workforce Development, the Department of Human Services, the Department of Corrections, the Juvenile Justice Commission, and the Department of Children and Families;

c. addressing issues associated with the reengagement of individuals and developing programs to facilitate the return of disconnected individuals to the classroom;

d. developing and recommending to school districts programs and best practices, consistent with the recommendations of the School Disconnection Prevention Task Force established pursuant to this act, to prevent individuals from disconnecting from school and strategies for reengaging individuals who have disconnected from school;

e. collaborating with the Secretary of Higher Education to develop and establish best practices for reengaging disconnected youth in institutions of higher education; and

f. advising the Commissioner of Education and making recommendations, consistent with the recommendations of the School Disconnection Prevention Task Force established pursuant to section 6 of this act, to prevent individuals from disconnecting from school and strategies for reengaging individuals who have disconnected from school.

##### **§ 18A:4-1.5** Youth Disconnection Prevention and Recovery Ombudsperson, written report, Governor, Legislature. {#sec-18a-4-1.5 omnilex-key=us-nj-statutes--title-18a--18A:4-1.5}

5. a. The Youth Disconnection Prevention and Recovery Ombudsperson shall annually issue a written report to the Commissioner of Education and the Secretary of Higher Education. The report shall include a summary of the services the ombudsperson provided during the year, a summary of progress towards mitigating the rising number of disconnected youth, and any specific recommendations the ombudsperson deems appropriate and necessary concerning the State's provision of services and support to disconnected youth.

b. The ombudsperson shall annually issue the report prepared to subsection a. of this section to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).

##### **§ 18A:4-1.6** "Office of Learning Equity and Academic Recovery" established; duties. {#sec-18a-4-1.6 omnilex-key=us-nj-statutes--title-18a--18A:4-1.6}

1. a. There is established in the Department of Education the Office of Learning Equity and Academic Recovery. It shall be the purpose of the office to promote student literacy and advance learning equity through academic recovery practices. Personnel for the office shall be selected by the Commissioner of Education, and the leadership of the office shall directly advise the commissioner on these matters.

b. The office shall establish guidelines as necessary to effectuate the duties established pursuant to this section. The duties of the office shall include, but not be limited to:

(1) improving the capacity of the department to make data-driven decisions regarding literacy and learning equity policies by identifying, compiling, and analyzing data collected by the department and other reputable data sources that could improve the department's understanding of the factors that impact reading, English-Language Arts, and other performance metrics of students;

(2) coordinating resources within the department to promote the implementation of effective literacy and learning acceleration policies. These efforts may include recommending strategies for improving cohesion across all current and future literacy initiatives and providing expertise in analyzing current and future policy initiatives to ensure considerations for improving student literacy and closing academic achievement gaps experienced by students of color, low-income students, and students with disabilities;

(3) conducting research on State and national best practices in the areas of literacy, learning equity, and learning acceleration and providing subject matter expertise that informs future policy decisions in these areas;

(4) supporting school districts in developing and implementing best practices, including the use of high-quality instructional materials, for improving elementary literacy and academic recovery through research, data analysis, stakeholder engagement, and other appropriate methods;

(5) supporting the department in seeking out opportunities and leading efforts to obtain funding, professional development, and other policy supports that promote literacy and learning equity; and

(6) any other duties as deemed necessary by the commissioner.

c. The office shall be funded by any combination of State or federal funds in accordance with the requirements of any federal funds.

d. Two years following the establishment of the office, the commissioner shall conduct a review of office operations. The review shall evaluate the success of the office in carrying out its duties established pursuant to this section and shall include recommendations for improving the organization and administration of the office to enhance the department's capacity to promote student literacy and learning equity.

##### **§ 18A:4-2** Offices {#sec-18a-4-2 omnilex-key=us-nj-statutes--title-18a--18A:4-2}

Suitable quarters to be known as the "state department of education" shall be provided.

##### **§ 18A:4-2.1** Longitudinal Data System Governing Body established. {#sec-18a-4-2.1 omnilex-key=us-nj-statutes--title-18a--18A:4-2.1}

1. a. (1) There is established, in but not of, the Department of Education, a Statewide Longitudinal Data System Governing Body. The governing body shall consist of one representative from each of the following State agencies: the Department of Education, the Office of the Secretary of Higher Education, the Higher Education Student Assistance Authority, and the Department of Labor and Workforce Development. The governing body shall adopt any rules and regulations necessary to effectuate the provisions of P.L.2025, c.388 (C.18A:4-2.1 et al.), except that any rules and regulations shall not govern the New Jersey Motor Vehicle Commission or its data. The governing body may, consistent with its operating procedures and rules and regulations, add additional agencies to or remove existing agencies from the governing body. Any agency added to the governing body shall provide one representative to the governing body.

(2) Notwithstanding the provisions of any other law, rule, or regulation to the contrary, the governing body shall not be subject to the Open Public Meetings Act, P.L.1975, c.231 (C.10:4-6 et seq.).

(3) The governing body shall operate with the following minimum objectives:

(a) identifying critical research and policy questions that need to be addressed by education and workforce development programs;

(b) identifying reports and other information that are appropriate to make available to education and workforce development entities and other public stakeholders;

(c) defining and maintaining standards for privacy, confidentiality, and security of data consistent and in compliance with the provisions of P.L.1997, c.188 (C.39:2-3.3 et seq.) and the federal “Drivers’ Privacy Protection Act of 1994,” Pub.L.103-322; and

(d) performing other advisory functions that are necessary for the successful continuation and management of the Statewide Longitudinal Data System for Education and Workforce Development established pursuant to subsection b. of this section.

b. (1) The governing body shall establish and maintain a Statewide Longitudinal Data System for Education and Workforce Development or may enter into an agreement with a separate entity, which entity may include, but not be limited to, the John J. Heldrich Center for Workforce Development at Rutgers, the State University, to establish and maintain the system. It shall be the purpose of the system to link longitudinal data to inform policy and decisions concerning the improvement of quality of life, education, and employment opportunities for residents of the State. The system’s objectives shall include, but need not be limited to:

(a) enabling New Jersey residents to afford and obtain training or post-secondary degrees;

(b) enabling New Jersey residents to secure and retain employment and receive better pay after completing training or post-secondary degrees;

(c) enabling New Jersey residents to meet the education and job skill demands of business and industry;

(d) identifying areas of potential workforce gaps, as presented in the annual Teacher Workforce Report, or any successor or other appropriate report, as identified by the Commissioner of Education;

(e) identifying the effectiveness of support programs that help New Jersey residents enter or return to employment;

(f) identifying the effectiveness of support programs that help New Jersey residents enter training or post-secondary degree programs; and

(g) facilitating the sharing of data and learning across government entities.

(2) The system shall meet the standards of the National Institute of Standards and Technology and maintain certification or accreditation, as applicable, therefrom. The system shall follow rigorous data security guidelines and may only release aggregate-level data from the secure environment.

(3) Each participating agency in the governing body shall provide the data necessary to effectuate the provisions of P.L.2025, c.388 (C.18A:4-2.1 et al.).

(4) This section shall not be construed to prevent any participating agency from maintaining control of that agency’s data.

(5) Data provided to the system shall be provided in accordance with all State and federal laws governing the protection, retention, and sharing of the data.

(6) The governing body shall have the authority to secure any available federal funding, including funding to expand and enhance the capacity of the State’s existing technology infrastructure for the purposes of developing the system.

(7) Notwithstanding the provisions of any other law, rule, or regulation to the contrary, information shared, transmitted, or received, including information to or from the entity selected pursuant to paragraph (1) of this subsection, in carrying out the purposes of P.L.2025, c.388 (C.18A:4-2.1 et al.) shall not be considered a government record under P.L.1963, c.73 (C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or the common law concerning access to government records.

c. (1) Notwithstanding the provisions of any law, rule, or regulation to the contrary, to the extent not otherwise inconsistent with the federal “Drivers’ Privacy Protection Act of 1994,” Pub.L.103-322, and upon and consistent with a fully executed agreement, the New Jersey Motor Vehicle Commission shall share personal information as defined under section 1 of P.L.1997, c.188 (C.39:2-3.3) for use by the governing body, or the entity selected pursuant to subsection b. of this section, or both, for the purposes of this section. The sharing of information shall not be considered a violation of any other State law. Pursuant to an agreement with the New Jersey Motor Vehicle Commission, the Statewide Longitudinal Data System Governing Body may provide the New Jersey Motor Vehicle Commission with a person's social security number and other personal or personally identifiable information, in a format acceptable to the commission, and, upon receipt, the commission shall provide the Statewide Longitudinal Data System Governing Body, or the entity selected pursuant to subsection b. of this section, with data that confirms the accuracy of the social security number provided if that data is available to the commission.

(2) The sharing of information pursuant to this section shall be deemed a permissible use of the information by the governing body in carrying out its functions and a permissible use of the information by the entity selected pursuant to subsection b. of this section, if any, acting on behalf of the governing body in carrying out its functions. The information shall be transmitted in a manner consistent with an applicable memorandum of understanding.

(3) The New Jersey Motor Vehicle Commission shall not share or transmit to the governing body, or the entity selected pursuant to subsection b. of this section, as applicable, documentation or other information:

(a) concerning an individual who does not have a social security number or has submitted proof of identity to the commission using an Individual Taxpayer Identification Number;

(b) that indicates that an individual is not a citizen of the United States;

(c) that is a photo of a person; or

(d) that includes a person’s social security number beyond the last four digits of the social security number.

Nothing in this section shall prohibit the New Jersey Motor Vehicle Commission from conducting identity matching as provided in paragraph (1) of this subsection or other activities necessary for the Statewide Longitudinal Data System Governing Body to carry out its duties. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, the information shared, transmitted, or received pursuant to this subsection shall not be considered a government record under P.L.1963, c.73 (C.47:1A-1 et seq.) or the common law concerning access to government records.

##### **§ 18A:4-3** Membership qualifications {#sec-18a-4-3 omnilex-key=us-nj-statutes--title-18a--18A:4-3}

The State Board of Education shall consist of 13 members who shall be citizens of the State who have resided therein for not less than five years immediately preceding their appointment, not less than three of whom shall be women and not more than one of whom shall be appointed from the residents of any one county.

##### **§ 18A:4-4** Appointment of members; terms; vacancies {#sec-18a-4-4 omnilex-key=us-nj-statutes--title-18a--18A:4-4}

The members of the state board shall be appointed by the governor, by and with the advice and consent of the senate, for terms of six years commencing on July 1, except as otherwise provided by section 18A:4-5. Each member shall continue in office after the expiration of his term until his successor is appointed and has qualified, and in any such case and in case of any vacancy the successor shall be appointed in like manner for the unexpired term only.

##### **§ 18A:4-5** Continuation of present state board; appointment of successors {#sec-18a-4-5 omnilex-key=us-nj-statutes--title-18a--18A:4-5}

The members of the state board in office on the effective date of this title shall continue in office until the expiration of the respective terms for which they were appointed and all future appointments, except to fill vacancies occurring otherwise than by expiration of terms, shall be made for full six-year terms, to expire on June 30 of the sixth year, in such manner as to continue the present rotation of terms.

##### **§ 18A:4-6** Expenses of members; no compensation {#sec-18a-4-6 omnilex-key=us-nj-statutes--title-18a--18A:4-6}

The members of the state board shall receive no compensation for their services, but shall be paid their necessary expenses in performing their duties.

##### **§ 18A:4-7** Meetings {#sec-18a-4-7 omnilex-key=us-nj-statutes--title-18a--18A:4-7}

The state board shall hold public meetings at least once in each month at such times as its rules may prescribe and at such other times and such places within the state as in its judgment may be necessary, but no meeting shall commence later than eight P.M.

##### **§ 18A:4-8** Organization of board; officers; vacancies {#sec-18a-4-8 omnilex-key=us-nj-statutes--title-18a--18A:4-8}

The state board shall organize at its first regular meeting following June 30 of each year by the election of a president and a vice president from its own number who shall serve for one year and until their respective successors are elected and qualified. Vacancies in such offices shall be filled in like manner for the unexpired terms only.

##### **§ 18A:4-9** Secretary of state board {#sec-18a-4-9 omnilex-key=us-nj-statutes--title-18a--18A:4-9}

The commissioner shall be the secretary of the state board, but with the approval of the state board he may designate one of the clerks in the department to perform such of the duties of the secretary and such other services for the state board as the state board shall designate.

##### **§ 18A:4-10** General supervision of public education except higher education vested in state board {#sec-18a-4-10 omnilex-key=us-nj-statutes--title-18a--18A:4-10}

The general supervision and control of public education in this state, except higher education, and of the state department of education shall be vested in the state board, which shall formulate plans and make recommendations for the unified, continuous and efficient development of public education, other than higher education, of people of all ages within the state.

##### **§ 18A:4-11** Acquisition of land and other property by condemnation {#sec-18a-4-11 omnilex-key=us-nj-statutes--title-18a--18A:4-11}

The state board shall, if necessary, take and condemn land and other property in the manner provided by chapter 1 of Title 20, Eminent Domain, of the Revised Statutes, whenever authorized by law to purchase land or other property.

##### **§ 18A:4-12** Use of lands controlled by state board for recreation purposes {#sec-18a-4-12 omnilex-key=us-nj-statutes--title-18a--18A:4-12}

The state board may permit a municipality in which lands under the control and management of the state board are situate, to use such lands, when not required for school or state purposes, as playgrounds or recreation centers for the children of the municipality, but the municipality shall be liable for any damage done to property so used.

##### **§ 18A:4-13** Building operations {#sec-18a-4-13 omnilex-key=us-nj-statutes--title-18a--18A:4-13}

The state board shall conduct all building operations coming within its direct supervision, including all construction or repair work allied thereto, within the appropriation specifically provided in each case for said work. It may, with the approval of the state house commission, employ such technical assistants, including registered architects and engineers, for the preparation of plans, specifications and drawings and for supervision and inspection of such work, as in its judgment each building operation necessitates, and such technical assistants shall be paid from the specific appropriation for such building operation.

##### **§ 18A:4-14** Uniform system of bookkeeping for school districts {#sec-18a-4-14 omnilex-key=us-nj-statutes--title-18a--18A:4-14}

The State Board shall prescribe a uniform system of double entry bookkeeping which is consistent with the generally accepted accounting principles established by the Governmental Accounting Standards Board and which is consistent with the financial accounting terminology and classifications established by the National Center for Education Statistics for use in all school districts and compel the maintenance and use of the same.

##### **§ 18A:4-14.1** Conformity to uniform system {#sec-18a-4-14.1 omnilex-key=us-nj-statutes--title-18a--18A:4-14.1}

By July 1 of the sixth year following enactment of this act, all school districts shall conform to the uniform system of double entry bookkeeping prescribed by N.J.S.18A:4-14.

##### **§ 18A:4-15** General rule-making power {#sec-18a-4-15 omnilex-key=us-nj-statutes--title-18a--18A:4-15}

The state board shall make and enforce, and may alter and repeal, rules for its own government and for implementing and carrying out the school laws of this state under which it has jurisdiction.

##### **§ 18A:4-16** Incidental powers conferred {#sec-18a-4-16 omnilex-key=us-nj-statutes--title-18a--18A:4-16}

The state board shall have all powers, in addition to those specifically provided by law, requisite to the performance of its duties.

##### **§ 18A:4-17** Right to administer oaths and examine witnesses; false swearing {#sec-18a-4-17 omnilex-key=us-nj-statutes--title-18a--18A:4-17}

The state board by its presiding officer and each of its committees by its chairman, may administer oaths and examine witnesses under oath in any part of the state in regard to any matter pertaining to the schools, under its jurisdiction, supervision or control, and may cause the examination to be reduced to writing. Any person willfully giving false testimony upon being sworn or affirmed to tell the truth by the presiding officer of the state board or by the chairman of any of its committees, shall be guilty of a misdemeanor.

##### **§ 18A:4-18** Compelling attendance of school personnel {#sec-18a-4-18 omnilex-key=us-nj-statutes--title-18a--18A:4-18}

The state board may by order compel the production at such time and place within the state as it may designate of any and all books, papers, and vouchers in any way relating to schools or to the receipt or disbursement of school moneys, under its jurisdiction, supervision or control, compel the attendance before it or before any of its committees or before the commissioner or one of his assistants at such time and place as it may designate of any member of a board of education or of any person in the employ of a board of education, and suspend from office any person refusing to attend or to submit such books, papers, and vouchers as he may have been directed to produce.

##### **§ 18A:4-19** Subpoenas; penalty {#sec-18a-4-19 omnilex-key=us-nj-statutes--title-18a--18A:4-19}

The state board may issue subpoenas signed by its president and secretary compelling the attendance of witnesses and the production of books and papers in any part of the state before it or before any of its committees or before the commissioner or one of his assistants. Any person who shall neglect or refuse to obey the command of the subpoena or who, after appearing, shall refuse to be sworn and testify, except such refusal be on grounds recognized by law, shall in either event be liable to a penalty of $100.00 for each offense to be recovered by the state board of education in a civil action. Such penalty when recovered shall be paid into the treasury of the state.

##### **§ 18A:4-20** Annual report to legislature {#sec-18a-4-20 omnilex-key=us-nj-statutes--title-18a--18A:4-20}

The state board shall report annually to the legislature in regard to all matters committed to its care.

##### **§ 18A:4-21** Appointment; term; qualifications; salary {#sec-18a-4-21 omnilex-key=us-nj-statutes--title-18a--18A:4-21}

The Commissioner of Education shall be appointed by the Governor, without regard to residence within or without the State, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor during the Governor's term of office and until his successor is appointed and qualified. He shall receive such annual salary as shall from time to time be fixed by law, which shall be payable as other state salaries are paid.

##### **§ 18A:4-22** Chief officer of the department {#sec-18a-4-22 omnilex-key=us-nj-statutes--title-18a--18A:4-22}

The commissioner shall be:

(a) The chief executive and administrative officer of the department having general charge and supervision of the work of the department;

(b) The official agent of the state board for all purposes;

(c) The budget request officer and the approval officer of the department, with power to delegate the duties of such officers as in this chapter provided;

(d) Authorized, subject to law, to designate one of the assistant commissioners to act in his place and stead, during his absence, and to assign duties to the assistant commissioners, to the directors of the special services, to the secretary of the state board of examiners and to the inspectors, assistants and employees of the department.

##### **§ 18A:4-23** Supervision of schools; enforcement of rules {#sec-18a-4-23 omnilex-key=us-nj-statutes--title-18a--18A:4-23}

The commissioner shall have supervision of all schools of the state receiving support or aid from state appropriations, except institutions of higher education, and he shall enforce all rules prescribed by the state board.

##### **§ 18A:4-24** Determining efficiency of schools; report to state board {#sec-18a-4-24 omnilex-key=us-nj-statutes--title-18a--18A:4-24}

The commissioner shall pursuant to rules and regulations of the State board, inquire into and ascertain the thoroughness and efficiency of operation of any of the schools of the public school system of the State and of any grades therein by such means as to him seem proper, and he shall report to the State board the results of such inquiries and such other information with regard thereto as the State board may require or as he shall deem proper, but nothing in this section shall affect the right of each district to prescribe its own rules for promotion.

##### **§ 18A:4-25** Prescribing minimum courses of study for public schools; approval of courses of study {#sec-18a-4-25 omnilex-key=us-nj-statutes--title-18a--18A:4-25}

The commissioner may, with the approval of the state board, prescribe minimum courses of study for the public schools and require boards of education to submit to him for approval or disapproval courses of study adopted by them, whenever he deems it advisable so to do.

##### **§ 18A:4-26** Acceptance of grants and donations {#sec-18a-4-26 omnilex-key=us-nj-statutes--title-18a--18A:4-26}

Subject to approval by the governor and the state board, the commissioner may accept on behalf of the state and administer for the state any grant, conveyance, devise, bequest, or donation to be applied, principal or income, or both, for the purposes specified in such grant, conveyance, devise, bequest, or donation to the maintenance and use of any service in, or activity of, any division or bureau established in the department, or of any school or institution of learning under the jurisdiction, supervision or control of the commissioner or of the state board.

##### **§ 18A:4-27** Notice and hearing {#sec-18a-4-27 omnilex-key=us-nj-statutes--title-18a--18A:4-27}

Prior to the acceptance of any grant, conveyance, devise, bequest, or donation mentioned in section 18A:4-26, due notice and hearing, if requested, shall be granted by the commissioner and the state board to any municipality or municipalities which may be affected thereby.

##### **§ 18A:4-28** Materials for guidance of teachers {#sec-18a-4-28 omnilex-key=us-nj-statutes--title-18a--18A:4-28}

The commissioner may prepare, publish and distribute from time to time handbooks, materials or circulars for the guidance of teachers in the public schools.

##### **§ 18A:4-29** Instruction of county superintendents and superintendents of schools; meetings {#sec-18a-4-29 omnilex-key=us-nj-statutes--title-18a--18A:4-29}

The commissioner shall from time to time instruct the county superintendents and superintendents of schools as to the performance of their duties, the conduct of the schools and the construction and furnishing of schoolhouses, and he shall, with the approval of the state board, hold meetings of the county superintendents and superintendents of schools at least once in each year for the discussion of school affairs and of ways and means for promoting a thorough and efficient system of education.

##### **§ 18A:4-30** Annual report of comparative financial statistics of school districts {#sec-18a-4-30 omnilex-key=us-nj-statutes--title-18a--18A:4-30}

The commissioner shall compile and cause to be published for general distribution, and may make a reasonable charge therefor to cover the cost of printing thereof, and annual report of comparative financial statistics of all school districts showing the capital and current costs, the cost of principal services, the amount of debt and other pertinent data, for each school district.

##### **§ 18A:4-31** Right to administer oaths, take affidavits and examine witnesses; false swearing {#sec-18a-4-31 omnilex-key=us-nj-statutes--title-18a--18A:4-31}

The commissioner and each of his assistants may administer oaths, take affidavits without charge, and examine witnesses under oath in any part of the state and upon any matter pertaining to the schools under his jurisdiction, supervision or control or under that of the state board and may cause the examinations to be reduced to writing. Any person willfully giving false testimony upon being sworn to tell the truth by the commissioner or any assistant commissioner, shall be guilty of a misdemeanor.

##### **§ 18A:4-32** Assistant commissioners; appointment; compensation {#sec-18a-4-32 omnilex-key=us-nj-statutes--title-18a--18A:4-32}

The commissioner, subject to the approval of the State board, shall appoint not more than seven assistant commissioners of education, and fix their compensation, and he shall from time to time designate one of them to act in his place and stead during his absence.

##### **§ 18A:4-33** Deputy commissioner {#sec-18a-4-33 omnilex-key=us-nj-statutes--title-18a--18A:4-33}

The commissioner shall designate an assistant commissioner as deputy commissioner with full power to act in his place and stead during any absence or inability of the commissioner and at such other times as the commissioner may designate. The commissioner may designate one or more assistant commissioners to act as approval officers of the department.

##### **§ 18A:4-34** Duties of assistant commissioner. {#sec-18a-4-34 omnilex-key=us-nj-statutes--title-18a--18A:4-34}

Each assistant commissioner shall perform such duties in the public school system of the State as may from time to time be assigned to him by the commissioner, which shall include, but need not be limited to, any one or more of the following:

a. The supervision of curriculum and instruction;

b. The supervision of vocational education;

c. The hearing and determination of controversies and disputes which may arise under the school laws, or the rules of the State board, or of the commissioner; and

d. The supervision of business and financial matters.

##### **§ 18A:4-35** Directors, inspectors, and assistants. {#sec-18a-4-35 omnilex-key=us-nj-statutes--title-18a--18A:4-35}

The commissioner may assign an assistant commissioner or, subject to approval of the State board, may appoint and fix the compensation of directors, inspectors, and assistants to act as secretary of the State board of examiners and to act in connection with the issuance of qualifying academic certificates and, so far as they relate to the public school system of the State, to perform one or more of the following services:

a. Inspection of buildings;

b. Inspection of accounts;

c. Research;

d. Supervision of health education;

e. Supervision of adult education;

f. Supervision of classes for children with disabilities; and

g. Such other special services as the State board may deem necessary.

##### **§ 18A:4-35.1** State School Nurse Consultant. {#sec-18a-4-35.1 omnilex-key=us-nj-statutes--title-18a--18A:4-35.1}

1. a. The Commissioner of Education shall appoint a State School Nurse Consultant. The State School Nurse Consultant shall be a New Jersey certified school nurse who holds a master's degree and has demonstrated higher-level leadership with recent school nursing experience. The State School Nurse Consultant shall work with school districts and school nurses to facilitate best practices by advancing comprehensive school health services that address the health and wellness of all students. The State School Nurse Consultant, in performing the duties of the position, shall collaborate with the Department of Health, other State agencies, and associated stakeholders.

b. It shall be the duty of the State School Nurse Consultant to:

(1) Serve as a liaison and resource expert in school nursing and comprehensive school health services for county, State, and national school health organizations, and policy setting groups;

(2) Provide consultation and technical assistance to support school districts in facilitating parent and community engagement;

(3) Coordinate school health program activities with public health, social services, environmental, and educational agencies as well as other public and private entities;

(4) Monitor, interpret, synthesize, and disseminate relevant information associated with changes in health and medical care, school nursing practice, legislation, and legal issues that impact schools;

(5) Facilitate the development of policies, standards, and guidelines to enhance comprehensive school health services;

(6) Foster and promote professional development for school nurses, which may include planning, coordinating, or providing educational guidance, and networking with universities and other providers of continuing education to meet identified needs;

(7) Promote quality assurance of comprehensive school health services by advocating for the use of evidence-based school nursing practice and participating in the National Association of School Nurses data collection initiatives;

(8) Participate in State-level public interagency partnerships and private partnerships with Statewide stakeholders to foster comprehensive school health services, representing school nurses in multi-disciplinary collaborations;

(9) Initiate, participate in, and utilize research studies related to comprehensive school health services, the health needs of children and youth, school nursing practice, and related issues; and

(10) Serve as a liaison regarding school health issues with the Department of Health and the Legislature.

##### **§ 18A:4-35.2** Annual report to Governor, Legislature. {#sec-18a-4-35.2 omnilex-key=us-nj-statutes--title-18a--18A:4-35.2}

2. The State School Nurse Consultant shall report annually to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). The report shall include a summary of the activities of the State School Nurse Consultant during the year, and any specific recommendations deemed appropriate and necessary concerning school nursing services and comprehensive school health service programs.

##### **§ 18A:4-35.3** State School Counselor Liaison, report to Governor, Legislature. {#sec-18a-4-35.3 omnilex-key=us-nj-statutes--title-18a--18A:4-35.3}

6. a. The Commissioner of Education shall appoint a State School Counselor Liaison. The State School Counselor Liaison shall hold a New Jersey standard educational services certificate with a director of school counseling services endorsement and have experience in the delivery of social and emotional learning programming as well as postsecondary and career advisement. The State School Counselor Liaison shall work with school districts, charter schools, renaissance school projects, and school counselors to facilitate best practices by advancing comprehensive school counseling services that address the mental and behavioral health and wellness of all students. The State School Counselor Liaison, in performing the duties of the position, shall collaborate with other State agencies and associated stakeholders.

b. It shall be the duty of the State School Counselor Liaison to:

(1) serve as a liaison and resource expert in school counseling and comprehensive school counseling services for New Jersey certificated school counselors and the Department of Education;

(2) foster and promote professional development for school counselors, which may include planning, coordinating, or providing educational guidance, and networking with universities, the New Jersey School Counselor Association, and other providers of continuing education to meet identified needs;

(3) monitor, interpret, synthesize, and disseminate relevant information associated with changes in school counseling practices, legislation, and legal issues that impact school counselors; and

(4) initiate, participate in, and utilize research studies related to school counseling practices, the mental health needs of children and youth, and related issues.

c. The State School Counselor Liaison shall report annually to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature. The report shall include a summary of the activities of the State School Counselor Liaison during the year and any specific recommendations deemed appropriate and necessary concerning school counseling services and comprehensive school mental health services.

d. As used in this section, “school counselor” means an individual who holds and works under the authority of a New Jersey standard educational services certificate with a school counselor endorsement.

##### **§ 18A:4-36** Helping teachers, salaries and expense allowance {#sec-18a-4-36 omnilex-key=us-nj-statutes--title-18a--18A:4-36}

A helping teacher to aid and direct the teachers in the schools of two or more districts may be appointed by the commissioner whenever he deems it advisable so to do, at a salary, and with an allowance for necessary expenses incurred in the performance of his duties not exceeding $750.00 a year, which the commissioner shall fix, but such appointment and the amount of the salary and of the expense allowance shall first be approved by the state board.

##### **§ 18A:4-37** Payment of salaries and expenses {#sec-18a-4-37 omnilex-key=us-nj-statutes--title-18a--18A:4-37}

The salary of each helping teacher shall be paid as other state salaries are paid. The director of the division of budget and accounting shall, on order of the commissioner, draw his warrant for such salary on the state treasurer and all claims for the expenses of helping teachers shall be paid, in 10 equal monthly installments, after being audited by the county superintendent, on orders issued by the county superintendent and drawn on the county treasurer from moneys apportioned for that purpose. No such payment shall be made for expenses until a duly certified monthly expense account, with vouchers whenever possible, shall be submitted to the county superintendent, which shall be kept on file in his office.

##### **§ 18A:4-38** Employment of clerks and other employees; compensation {#sec-18a-4-38 omnilex-key=us-nj-statutes--title-18a--18A:4-38}

The commissioner may appoint such clerks and other employees for the department as he may deem necessary and fix their compensation subject to the provisions of Title 11, Civil Service, of the Revised Statutes, except where otherwise provided by law, which compensation shall be payable as other state salaries are paid, on the certificate of the commissioner and shall not exceed in the aggregate the sum annually appropriated therefor.

##### **§ 18A:4-39** Record of official acts; seal; copies of papers {#sec-18a-4-39 omnilex-key=us-nj-statutes--title-18a--18A:4-39}

The commissioner shall keep a record and preserve copies of all his official acts, orders and decisions. He shall adopt an official seal, and copies of any of his acts, orders and decisions, and of any papers deposited or filed in the department, when authenticated therewith and certified by him, shall be evidence in all courts and places equally with and in like manner as the originals.

##### **§ 18A:4-40** Monthly, annual and other reports to state board {#sec-18a-4-40 omnilex-key=us-nj-statutes--title-18a--18A:4-40}

The commissioner shall report to the state board such information as it may prescribe once each month and at such other times as the state board may designate, and he shall report to the state board annually at its December meeting as to the operation and condition of the schools of the public school system and all educational institutions other than institutions of higher education, receiving support or aid from state appropriations, during the previous year, with appropriate statistical tables and such suggestions and recommendations for the improvement of the schools and the advancement of public education within the state as he shall deem expedient and of interest to the people of the state and especially to those concerned with the operation of the public schools.

##### **§ 18A:4-41** Waiving of certain requirements {#sec-18a-4-41 omnilex-key=us-nj-statutes--title-18a--18A:4-41}

9. The commissioner or the Director of the Division of Local Government Services, in the Department of Community Affairs, as appropriate, is authorized, for those school districts issuing bonds pursuant to this 1993 amendatory and supplementary act, to waive the requirement imposed pursuant to N.J.S.18A:24-46 or N.J.S.40A:2-29, as the case may be, that school districts issue those bonds at not less than par value.

##### **§ 18A:4-42** Findings, declarations relative to Italian heritage and cultural and educational programs. {#sec-18a-4-42 omnilex-key=us-nj-statutes--title-18a--18A:4-42}

1. The Legislature finds and declares that:

a. For the past several decades Hollywood and the communications media have continuously portrayed Italians and Americans of Italian heritage as mobsters, buffoons and other nefarious characters to such an extent that it appears to be an orchestrated program of cultural dismemberment and disdain which can and will promote ethnic bigotry and loss of cultural identity.

b. The exposure of our children and others to this unrelenting barrage of negative images has led to the erosion and denigration of Italian-American culture, history and heritage. It has, furthermore, encouraged children to emulate negative role models and promoted the social acceptability of disrespect for and bigotry towards Italians and Americans of Italian heritage and their culture, history and heritage--a culture, history and heritage shared by over 22 percent of New Jersey's population.

c. The histories of our nation and our State have been significantly enriched by the heritage of Italians and Americans of Italian heritage. The cultural heritage of Italy includes the classical civilization of Rome, the fine arts of the Renaissance, the scientific and artistic genius of Da Vinci, the literary works of Dante and Petrarch, the operas of Verdi and Puccini and many other contributions that have ennobled civilization.

d. More than 5.4 million Italians emigrated to the United States between the years 1820 and 1991; today more than 2 million citizens of this State are of Italian descent. Our nation and our State have benefitted substantially from the influences and contributions of these men, women and children and their distinctive culture, history and heritage.

e. It is desirable to educate our citizens about the positive aspects of the culture, music, art, language, history and heritage of Italians and Americans of Italian heritage.

f. It is the policy of the State of New Jersey that the culture, history and heritage of Italians and Americans of Italian heritage are a proper concern for all people, particularly students enrolled in the schools of this State.

g. It is appropriate and desirable that programs, workshops, institutes, seminars and other teacher-training activities for the study of the culture, history and heritage of Italians and Americans of Italian heritage be conducted at the various high schools and institutions of higher education in this State.

h. It is fitting and proper to establish a permanent State-level commission to survey, design, encourage and promote the implementation of Italian and Americans of Italian heritage cultural and educational programs in this State, with responsibility for the coordination of events that will provide appropriate awareness and memorialization of the culture, history, heritage and language of Italians and Americans of Italian heritage on a regular basis throughout the State.

##### **§ 18A:4-43** New Jersey Commission on Italian and Americans of Italian Heritage Cultural and Educational Programs. {#sec-18a-4-43 omnilex-key=us-nj-statutes--title-18a--18A:4-43}

2. a. The New Jersey Commission on Italian and Americans of Italian Heritage Cultural and Educational Programs is created and established in the Executive Branch of the State Government. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the commission is allocated within the Department of Education, but notwithstanding this allocation, the commission shall be independent of any supervision or control by the department or any board or officer thereof.

The commission shall consist of 21 members, including the Commissioner of Education and the chair of the executive board of the Presidents' Council, serving ex officio, and 19 public members.

Public members shall be appointed as follows: five public members shall be appointed by the President of the Senate, at least one of whom shall have a Masters' degree in an area of Italian studies or language; five public members shall be appointed by the Speaker of the General Assembly, at least one of whom shall have a Masters' degree in an area of Italian studies or language; and nine public members shall be appointed by the Governor, no less than four of whom shall at the time of their appointment have at least a Masters' degree in an area of Italian studies or language. The public members shall be residents of the State who have served prominently as spokespersons for, or as leaders of, organizations in the Italian and Americans of Italian heritage community which serve members of religious, ethnic, national heritage or social groups or who are experienced in the field of Italian and Americans of Italian heritage education. To the greatest extent practicable, they shall be chosen with due regard to afford the commission with broad regional representation and ethnic diversity. At least one-half of the public members shall be of Italian descent.

b. Each public member of the commission shall serve for a term of three years, except that of the initial members so appointed: one member appointed by the President of the Senate, one member appointed by the Speaker of the General Assembly and two members appointed by the Governor shall serve for terms of one year; two members appointed by the President of the Senate, two members appointed by the Speaker of the General Assembly and three members appointed by the Governor shall serve for terms of two years; and two members appointed by the President of the Senate, two members appointed by the Speaker of the General Assembly and four members appointed by the Governor shall serve for terms of three years. Public members shall be eligible for reappointment. They shall serve until their successors are appointed and qualified, and the term of the successor of any incumbent shall be calculated from the expiration of the term of that incumbent. A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only.

c. The members of the commission shall serve without compensation, but they shall be entitled to reimbursement for all necessary expenses incurred in the performance of their duties.

d. The commission annually shall elect a chairman from among its members. It shall meet upon the call of the chairman or of a majority of the commission members. The presence of a majority of the authorized membership of the commission shall be required for the conduct of official business.

e. The commission shall appoint an executive director, who shall serve at its pleasure and shall be a person qualified by training and experience to perform the duties of the office.

##### **§ 18A:4-44** Responsibilities, duties of commission. {#sec-18a-4-44 omnilex-key=us-nj-statutes--title-18a--18A:4-44}

3. The commission shall have the following responsibilities and duties:

a. To provide, based upon the collective knowledge and experience of its members, assistance and advice to the public and nonpublic schools of this State with respect to the implementation of Italian and Americans of Italian heritage cultural and educational programs;

b. To meet with county and local school officials and other interested public and private organizations, for the purpose of assisting with the planning, coordination or modification of courses of study dealing with issues, matters and subjects concerning or relating to the culture, history and heritage of Italians and Americans of Italian heritage;

c. To survey and catalog the extent and breadth of Italian and Americans of Italian heritage cultural awareness and educational programs presently being incorporated into the curricula and taught in the school systems of this State; to inventory those Italian and Americans of Italian heritage exhibits and resources which may be incorporated into courses of study at various locations throughout the State and, upon request, to assist the State Department of Education and other educational agencies in the development and implementation of Italian and Americans of Italian heritage cultural awareness and educational programs. In furtherance of this responsibility, the commission shall be authorized to contact and cooperate with existing Italian and Americans of Italian heritage public or private nonprofit resource organizations and may act as a liaison concerning issues and topics involving and relating to the culture, history and heritage of Italians and Americans of Italian heritage to members of the United States Senate and House of Representatives and the New Jersey Senate and General Assembly;

d. To compile a roster of individual volunteers who are willing to share their knowledge and experience in classrooms, seminars and workshops on subjects concerning and relating to the culture, history and heritage of Italians and Americans of Italian heritage. These volunteers may be scholars, clergymen, community relations professionals and other persons who, by virtue of their experience, training or interest, have acquired personal or academic knowledge of the culture, history and heritage of Italians and Americans of Italian heritage and who are willing to share that knowledge with students and teachers;

e. To coordinate events observing the culture, history and heritage of Italians and Americans of Italian heritage and to seek volunteers who are willing and able to participate in commemorative events that will enhance student awareness of the significance of the culture, history and heritage of Italians and Americans of Italian heritage;

f. To prepare reports for the Governor and the Legislature regarding its findings and recommendations to facilitate the inclusion of Italian and Americans of Italian heritage studies and special programs memorializing the culture, history and heritage of Italians and Americans of Italian heritage in the educational system of this State; and

g. To develop, in consultation with the State Department of Education, curriculum guidelines for the teaching of subjects and topics concerning and relating to the culture, history and heritage of Italians and Americans of Italian heritage. To the greatest extent practicable, each board of education shall incorporate those guidelines as part of the curriculum for its district's elementary and secondary school students.

##### **§ 18A:4-45** Assistance to commission. {#sec-18a-4-45 omnilex-key=us-nj-statutes--title-18a--18A:4-45}

4. a. The commission is authorized to call upon any department, office, division or agency of the State, or of any county, municipality or school district of the State, to supply such data, program reports and other information, personnel and assistance as it deems necessary to discharge its responsibilities under this act.

b. These departments, offices, divisions and agencies shall, to the extent possible, and not inconsistent with any other law of this State, cooperate with the commission and shall furnish it with such information, personnel and assistance as may be necessary or helpful to accomplish the purposes of this act.

##### **§ 18A:4-46** Duties of commission relative to Institute of Italian and Italian American Heritage Studies. {#sec-18a-4-46 omnilex-key=us-nj-statutes--title-18a--18A:4-46}

5. a. The commission shall create, establish and oversee the Institute of Italian and Italian American Heritage Studies as an entity whose purpose is to assist the commission in implementation of its responsibilities as identified in section 3 of this act, P.L.2001, c.343 (C.18A:4-44). The commission shall function as the board of governors for the institute. The commission shall appoint an executive director of the institute who shall serve at its pleasure.

b. The commission shall survey the New Jersey four-year universities and colleges that have an advanced degree program in the fields of Italian and/or Italian American studies and select one to serve as host to the institute. The institute shall not be administered by the college or university selected as the host site. The institute will collaborate with and otherwise engage, share and exchange resources with the higher education community of New Jersey and work to establish mutually beneficial public service programs and activities consistent with the mission of the commission.

c. The institute shall have the authority to raise private funds and obtain public funds to be used toward scholarships, grants and studies in the field of Italian and/or Italian American studies.

d. The commission shall appoint an Advisory Council to the commission and institute. The advisory council shall consist of individuals who have served prominently as spokespersons for, or as leaders of, organizations in the Italian and Americans of Italian heritage community which serve members of religious, ethnic, national heritage or social groups or who are experienced in the field of Italian and Americans of Italian heritage education.

##### **§ 18A:4-47** Findings, declarations relative to Latino and Hispanic heritage cultural and educational programs. {#sec-18a-4-47 omnilex-key=us-nj-statutes--title-18a--18A:4-47}

1. The Legislature finds and declares that:

a. New Jersey is home to a significant number of people of Latino and Hispanic descent, representing 19% of the State's total population. Several municipalities in the State have Hispanic majority populations, and Latinos and Hispanics constitute one-third of the population of Newark, the largest city in the State. Parts of Hudson County, including West New York and Union City, have been nicknamed "Havana on the Hudson" for the large number of Cuban exiles and emigres living there.

b. The histories of our nation and our State have been significantly enriched by the heritage of Latinos and people of Hispanic descent. Our nation and our State have benefitted substantially from the influences and contributions of these men, women, and children and their distinctive culture, history, and heritage.

c. It is desirable to educate our citizens about the positive aspects of the culture, music, art, language, history, and people of Latino and Hispanic heritage.

d. It is the policy of the State of New Jersey that the culture, history, and heritage of people of Latino and Hispanic descent are a proper concern for all people, particularly students enrolled in the schools of this State.

e. It is appropriate and desirable that programs, workshops, institutes, seminars, and other teacher-training activities for the study of the culture, history, and heritage of people of Latino and Hispanic descent be conducted at the high schools and institutions of higher education in this State.

f. It is fitting and proper to establish a permanent State-level commission to survey, design, encourage, and promote the implementation of Latino and Hispanic cultural and educational programs in this State, with responsibility for the coordination of events that will provide appropriate awareness and memorialization of the culture, history, heritage, and language of people of Latino and Hispanic descent on a regular basis throughout the State.

##### **§ 18A:4-48** Commission on Latino and Hispanic Heritage. {#sec-18a-4-48 omnilex-key=us-nj-statutes--title-18a--18A:4-48}

2. a. The Commission on Latino and Hispanic Heritage is created and established in the Executive Branch of the State Government. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the commission is allocated within the Department of Education, but notwithstanding this allocation, the commission shall be independent of any supervision or control by the department or any board or officer thereof.

The commission shall consist of 21 members, including the Commissioner of Education and the chair of the executive board of the Presidents' Council, serving ex officio, and 19 public members.

Public members shall be appointed as follows: five public members shall be appointed by the President of the Senate; five public members shall be appointed by the Speaker of the General Assembly; and nine public members shall be appointed by the Governor. The public members shall be residents of the State who have knowledge and experience in Latino or Hispanic studies or education. To the greatest extent practicable, they shall be chosen with due regard to provide the commission with broad regional representation and ethnic diversity. At least one-half of the public members shall be of Latino or Hispanic descent.

b. Each public member of the commission shall serve for a term of three years, except that of the initial members appointed: one member appointed by the President of the Senate, one member appointed by the Speaker of the General Assembly, and two members appointed by the Governor shall serve for terms of one year; two members appointed by the President of the Senate, two members appointed by the Speaker of the General Assembly, and three members appointed by the Governor shall serve for terms of two years; and two members appointed by the President of the Senate, two members appointed by the Speaker of the General Assembly, and four members appointed by the Governor shall serve for terms of three years. Public members shall be eligible for reappointment and shall serve until their successors are appointed and qualified. The term of the successor of any incumbent shall be calculated from the expiration of the term of that incumbent. A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only.

c. The members of the commission shall serve without compensation, but shall be entitled to reimbursement for all necessary expenses incurred in the performance of their duties.

d. The commission annually shall elect a chairperson from among its members. It shall meet upon the call of the chair or of a majority of the commission members. The presence of a majority of the authorized membership of the commission shall be required for the conduct of official business.

e. The commission shall appoint an executive director, who shall serve at its pleasure and shall be a person qualified by training and experience to perform the duties of the office.

##### **§ 18A:4-49** Responsibilities, duties of commission. {#sec-18a-4-49 omnilex-key=us-nj-statutes--title-18a--18A:4-49}

3. The commission shall have the following responsibilities and duties:

a. To provide, based upon the collective knowledge and experience of its members, assistance and advice to the public and nonpublic schools of this State with respect to the implementation of cultural and educational programs concerning people of Latino and Hispanic descent;

b. To meet with county and local school officials and other interested public and private organizations, for the purpose of assisting with the planning, coordination, or modification of courses of study dealing with issues, matters and subjects concerning or relating to the culture, history, and heritage of people of Latino and Hispanic descent;

c. To survey and catalog the extent and breadth of Latino and Hispanic heritage cultural awareness and educational programs presently being incorporated into the curricula and taught in the school systems of this State; to inventory those Latino and Hispanic heritage exhibits and resources which may be incorporated into courses of study at various locations throughout the State and, upon request, to assist the Department of Education and other educational agencies in the development and implementation of Latino and Hispanic heritage cultural awareness and educational programs. In furtherance of this responsibility, the commission shall be authorized to contact and cooperate with existing Latino and Hispanic heritage public or private nonprofit resource organizations and may act as a liaison concerning issues and topics involving and relating to the culture, history, and heritage of Latinos and Hispanics to members of the United States Senate and House of Representatives, and the New Jersey Senate and General Assembly;

d. To compile a roster of individual volunteers who are willing to share their knowledge and experience in classrooms, seminars, and workshops on subjects concerning and relating to the culture, history, and heritage of people of Latino and Hispanic descent. These volunteers may be scholars, clergymen, community relations professionals, and other persons who, by virtue of their experience, training, or interest, have acquired personal or academic knowledge of the culture, history, and heritage of Latinos and Hispanics and who are willing to share that knowledge with students and teachers;

e. To coordinate events observing the culture, history, and heritage of people of Latino and Hispanic descent and to seek volunteers who are willing and able to participate in commemorative events that will enhance student awareness of the significance of the culture, history, and heritage of Latinos and Hispanics;

f. To prepare reports for the Governor and the Legislature regarding its findings and recommendations to facilitate the inclusion of Latino and Hispanic heritage studies and special programs memorializing the culture, history, and heritage of Latinos and Hispanics in the educational system of this State; and

g. To develop, in consultation with the Department of Education, curriculum guidelines for the teaching of subjects and topics concerning and relating to the culture, history, and heritage of people of Latino and Hispanic descent. To the greatest extent practicable, each board of education shall incorporate those guidelines as part of the curriculum for its district's elementary and secondary school students.

##### **§ 18A:4-50** Authority of commission. {#sec-18a-4-50 omnilex-key=us-nj-statutes--title-18a--18A:4-50}

4. a. The commission is authorized to call upon any department, office, division, or agency of the State, or of any county, municipality, or school district of the State, to supply such data, program reports and other information, personnel, and assistance as it deems necessary to discharge its responsibilities under this act.

b. These departments, offices, divisions, and agencies shall, to the extent possible, and not inconsistent with any other law of this State, cooperate with the commission and shall furnish it with such information, personnel, and assistance as may be necessary or helpful to accomplish the purposes of this act.

##### **§ 18A:4-51** Findings, declarations. {#sec-18a-4-51 omnilex-key=us-nj-statutes--title-18a--18A:4-51}

1. The Legislature finds and declares that:

a. The 2010 United States Census estimated that there were approximately 17.3 million Asian Americans residing in the United States, or roughly 5.6 percent of the nation's population, with the largest subgroups being Chinese Americans, Filipino Americans, Indian Americans, Vietnamese Americans, Korean Americans, and Japanese Americans.

b. According to the census, almost three-quarters of all Asian Americans live in just 10 states (California, New York, Texas, New Jersey, Hawaii, Illinois, Washington, Florida, Virginia, and Pennsylvania). In fact, only two states, Hawaii and California, had a higher percentage of Asian Americans in their total populations than New Jersey.

c. By 2016, in its estimate of the nation's population, the census bureau estimated that the population of Asian Americans had grown to approximately 21 million.

d. New Jersey is home to a significant number of people of Asian descent. According to the most recent American Community Survey, the Asian population of New Jersey is 9.4 percent of the total population of the State, significantly higher than the national percentage.

e. The histories of our nation and our State have been significantly enriched by the heritage of people of Asian descent. Our nation and our State have benefitted substantially from the influences and contributions of these men, women, and children and their culture, history, and heritage.

f. It is desirable to educate our citizens about the positive aspects of the culture, music, art, language, history, and people of Asian heritage.

g. It is the policy of the State of New Jersey that the culture, history, and heritage of people of Asian descent are a proper concern for all people, particularly students enrolled in the schools of the State.

h. It is appropriate and desirable that programs, workshops, institutes, seminars, and other teacher-training activities for the study of the culture, history, and heritage of people of Asian descent be conducted at the high schools and institutions of higher education in this State.

i. It is fitting and proper to establish a permanent State-level commission to survey, design, encourage, and promote the implementation of Asian or Asian American cultural and educational programs in this State, with responsibility for the coordination of events that will provide appropriate awareness and memorialization of the culture, history, heritage, and language of people of Asian or Asian American descent on a regular basis throughout the State.

##### **§ 18A:4-52** Commission on Asian American Heritage established; membership criteria, terms. {#sec-18a-4-52 omnilex-key=us-nj-statutes--title-18a--18A:4-52}

2. a. The Commission on Asian American Heritage is created and established in the Executive Branch of the State Government. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the commission is allocated within the Department of Education, but notwithstanding this allocation, the commission shall be independent of any supervision or control by the department or any board or officer thereof.

The commission shall consist of 21 members, including the Commissioner of Education, ex officio, or a designee, the chair of the executive board of the Presidents' Council, ex officio, or a designee, and 19 public members.

Public members shall be appointed as follows: five public members shall be appointed by the President of the Senate, at least one of whom shall have a master's degree in an area of Asian studies, Asian American studies, or related disciplines; five public members shall be appointed by the Speaker of the General Assembly, at least one of whom shall have a master's degree in an area of Asian studies, Asian American studies, or related disciplines; and nine public members shall be appointed by the Governor, no less than four of whom shall at the time of their appointment have at least a master's degree in an area of Asian studies, Asian American studies, or related disciplines. The public members shall be residents of the State who have served prominently as spokespersons for, or as leaders of, organizations in the Asian or Asian American heritage community which serve members of religious, ethnic, national heritage, or social groups or who are experienced in the field of Asian or Asian American heritage education. To the greatest extent practicable, they shall be chosen with due regard to provide the commission with broad regional representation and ethnic diversity. At least one-half of the public members shall be of Asian or Asian American descent.

b. Each public member of the commission shall serve for a term of three years, except that of the initial members appointed: one member appointed by the President of the Senate, one member appointed by the Speaker of the General Assembly, and two members appointed by the Governor shall serve for terms of one year; two members appointed by the President of the Senate, two members appointed by the Speaker of the General Assembly, and three members appointed by the Governor shall serve for terms of two years; and two members appointed by the President of the Senate, two members appointed by the Speaker of the General Assembly, and four members appointed by the Governor shall serve for terms of three years. Public members shall be eligible for reappointment and shall serve until their successors are appointed and qualified. The term of the successor of any incumbent shall be calculated from the expiration of the term of that incumbent. A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only.

c. The members of the commission shall serve without compensation, but shall be entitled to reimbursement for all necessary expenses incurred in the performance of their duties.

d. The commission annually shall elect a chairperson from among its members. It shall meet upon the call of the chair or of a majority of the commission members. The presence of a majority of the authorized membership of the commission shall be required for the conduct of official business.

e. The commission shall appoint an executive director, who shall serve at its pleasure and shall be a person qualified by training and experience to perform the duties of the office.

##### **§ 18A:4-53** Commission responsibilities, duties. {#sec-18a-4-53 omnilex-key=us-nj-statutes--title-18a--18A:4-53}

3. The commission shall have the following responsibilities and duties:

a. To provide, based upon the collective knowledge and experience of its members, assistance and advice to the public and nonpublic schools of this State with respect to the implementation of historical, cultural, and educational programs concerning people of Asian and Asian American descent;

b. To infuse the history of Asian Americans into the social studies curriculum in order to provide an accurate, complete, and inclusive history;

c. To ensure that New Jersey teachers are equipped to effectively teach the New Jersey Student Learning Standards in Social Studies;

d. To meet with county and local school officials and other interested public and private organizations, for the purpose of assisting with the planning, coordination, or modification of courses of study dealing with issues, matters and subjects concerning or relating to the culture, history, and heritage of people of Asian or Asian American descent;

e. To survey and catalog the extent and breadth of Asian and Asian American heritage cultural awareness and educational programs presently being incorporated into the curricula and taught in the school systems of this State; to inventory those Asian and Asian American heritage exhibits and resources which may be incorporated into courses of study at various locations throughout the State and, upon request, to assist the Department of Education and other educational agencies in the development and implementation of Asian and Asian American heritage cultural awareness and educational programs. In furtherance of this responsibility, the commission shall be authorized to contact and cooperate with existing Asian and Asian American heritage public or private nonprofit resource organizations and may act as a liaison concerning issues and topics involving and relating to the culture, history, and heritage of Asians and Asian Americans to members of the United States Senate and House of Representatives, and the New Jersey Senate and General Assembly;

f. To compile a roster of individual volunteers who are willing to share their knowledge and experience in classrooms, seminars, and workshops on subjects concerning and relating to the culture, history, and heritage of people of Asian and Asian American descent. These volunteers may be scholars, clergymen, community relations professionals, and other persons who, by virtue of their experience, training, or interest, have acquired personal or academic knowledge of the culture, history, and heritage of Asians and Asian Americans and who are willing to share that knowledge with students and teachers;

g. To coordinate events observing the culture, history, and heritage of people of Asian and Asian American descent and to seek volunteers who are willing and able to participate in commemorative events that will enhance student awareness of the significance of the culture, history, and heritage of Asians and Asian Americans;

h. To prepare reports for the Governor and the Legislature regarding its findings and recommendations to facilitate the inclusion of Asian American history, Asian heritage studies and special programs memorializing the culture, history, and heritage of Asians and Asian Americans in the educational system of this State; and

i. To develop, in consultation with the Department of Education, curriculum guidelines for the teaching of subjects and topics concerning and relating to the culture, history, and heritage of people of Asian and Asian American descent. To the greatest extent practicable, each board of education shall incorporate those guidelines as part of the curriculum for its district's elementary and secondary school students.

##### **§ 18A:4-54** Commission authority, data access. {#sec-18a-4-54 omnilex-key=us-nj-statutes--title-18a--18A:4-54}

4. a. The commission is authorized to call upon any department, office, division, or agency of the State, or of any county, municipality, or school district of the State, to supply such data, program reports and other information, personnel, and assistance as it deems necessary to discharge its responsibilities under this act.

b. These departments, offices, divisions, and agencies shall, to the extent possible, and not inconsistent with any other law of this State, cooperate with the commission and shall furnish it with such information, personnel, and assistance as may be necessary or helpful to accomplish the purposes of this act.

## **Chapter 4A** {#struct-chapter-4a}

##### **§ 18A:4A-1** Findings, declarations {#sec-18a-4a-1 omnilex-key=us-nj-statutes--title-18a--18A:4A-1}

1. The Legislature finds and declares that:

a. During the period from 1933 to 1945, six million Jews and millions of other Europeans were murdered in Nazi concentration camps as part of a carefully orchestrated program of cultural, social and political genocide known as the Holocaust;

b. All people should remember the horrible atrocities committed at that time and other times in human history as the result of bigotry and tyranny and, therefore, should continually rededicate themselves to the principles of human rights and equal protection under the laws of a democratic society;

c. It is desirable to educate our citizens about the events leading up to the Holocaust and about the organizations and facilities that were created and used purposefully for the systematic destruction of human beings;

d. It is the policy of the State of New Jersey that Holocaust history is the proper concern of all people, particularly students enrolled in the schools of the State of New Jersey;

e. The New Jersey Department of Education, in conjunction with the Anti-Defamation League of B'nai B'rith, the New Jersey Education Association, and the New Jersey Council for Social Studies, has developed a curriculum, entitled "The Holocaust and Genocide: A Search for Conscience," which has been implemented in courses of study on a trial basis in Vineland and Teaneck and, subsequently, in other communities;

f. Programs, workshops, institutes, seminars, and other teacher-training activities for the study of the Holocaust have taken place during recent years at various high schools and colleges in the State of New Jersey; and

g. It is desirable to create a State-level commission, which as an organized body, on a continuous basis, will survey, design, encourage, and promote implementation of Holocaust education and awareness programs in New Jersey and shall be responsible for the coordination of events that will provide appropriate memorialization of the Holocaust, on a regular basis, throughout the State.

##### **§ 18A:4A-2** New Jersey Commission on Holocaust Education. {#sec-18a-4a-2 omnilex-key=us-nj-statutes--title-18a--18A:4A-2}

2. a. The New Jersey Commission on Holocaust Education is created and established in the Executive Branch of the State Government. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the commission is allocated within the Department of Education, but notwithstanding this allocation, the commission shall be independent of any supervision or control by the department or any board or officer thereof.

The commission shall consist of 25 members, including the Commissioner of Education and the chair of the executive board of the Presidents' Council, serving ex officio, and 23 public members. Public members shall be appointed as follows: three public members shall be appointed by the President of the Senate; three public members shall be appointed by the Speaker of the General Assembly; and 17 public members shall be appointed by the Governor, no less than six of whom shall at the time of their appointment be members of the New Jersey Advisory Council on Holocaust Education, created pursuant to Executive Order No. 17 of 1982 and continued pursuant to Executive Order No. 87 of 1984, Executive Order No. 168 of 1987 and Executive Order No. 225 of 1990, and further continued pursuant to Executive Order No. 14 of 1990. The public members shall be residents of this State, chosen with due regard to broad geographic representation and ethnic diversity, who have served prominently as spokespersons for, or as leaders of organizations which serve members of religious, ethnic, national heritage or social groups which were subjected to genocide, torture, wrongful deprivation of liberty or property, officially imposed or sanctioned violence, and other forms of human rights violations and persecution at the hands of the Nazis and their collaborators during the Nazi era, or they shall be residents who are experienced in the field of Holocaust education.

b. Each public member of the commission shall serve for a term of three years, except that of the initial members so appointed: one member appointed by the President of the Senate, one member appointed by the Speaker of the General Assembly, and four members appointed by the Governor shall serve for terms of one year; one member appointed by the President of the Senate, one member appointed by the Speaker of the General Assembly, and four members appointed by the Governor shall serve for terms of two years; and one member appointed by the President of the Senate, one member appointed by the Speaker of the General Assembly, and five members appointed by the Governor shall serve for terms of three years. Public members shall be eligible for reappointment. They shall serve until their successors are appointed and qualified, and the term of the successor of any incumbent shall be calculated from the expiration of the term of that incumbent. A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only.

c. The members of the commission shall serve without compensation, but they shall be entitled to reimbursement for all necessary expenses incurred in the performance of their duties. d. The commission shall annually elect a chairman from among its members. It shall meet upon the call of the chairman or of a majority of the commission members. The presence of a majority of the authorized membership of the commission shall be required for the conduct of official business.

e. The commission shall appoint an executive director, who shall serve at its pleasure and shall be a person qualified by training and experience to perform the duties of the office.

##### **§ 18A:4A-3** Responsibilities, duties of commission {#sec-18a-4a-3 omnilex-key=us-nj-statutes--title-18a--18A:4A-3}

3. The commission shall have the following responsibilities and duties:

a. To provide, based upon the collective knowledge and experience of its members, assistance and advice to the public and private schools with respect to the implementation of Holocaust education and awareness programs;

b. To meet with county and local school officials and other interested public and private organizations, including service organizations, for the purpose of assisting with the planning, coordination or modification of courses of study dealing with the subject of the Holocaust;

c. To survey and catalog the extent and breadth of Holocaust and genocide education presently being incorporated into the curricula and taught in the school systems of the State, to inventory those Holocaust memorials, exhibits and resources which could be incorporated in courses of study at various locations throughout the State, and, upon request, to assist the State Department of Education and other educational agencies in the development and implementation of Holocaust and genocide education programs. In furtherance of this responsibility, the commission shall be authorized to contact and cooperate with existing Holocaust and genocide public or private nonprofit resource organizations and may act as a liaison concerning Holocaust and genocide education to members of the United States Senate and House of Representatives and the New Jersey Senate and General Assembly;

d. To compile a roster of individual volunteers who are willing to share their knowledge and experience in classrooms, seminars and workshops on the subject of the Holocaust. These volunteers may be survivors of the Holocaust, liberators of concentration camps, scholars, clergymen, community relations professionals and other persons who, by virtue of their experience or interest, have acquired personal or academic knowledge of the Holocaust and who are willing to share that knowledge with students and teachers;

e. To coordinate events memorializing the Holocaust and to seek volunteers who are willing and able to participate in commemorative events that will enhance student awareness of the significance of the Holocaust;

f. To prepare reports for the Governor and the Legislature regarding its findings and recommendations to facilitate the inclusion of Holocaust studies and special programs memorializing the Holocaust in educational systems in the State; and

g. To advise and assist the State Capitol Joint Management Commission, established pursuant to P.L.1992, c.67 (C.52:31-34 et seq.), for the purpose of increasing public awareness of the annual observance of Kristallnacht Memorial Night in New Jersey.

##### **§ 18A:4A-4** Commission assistance, cooperation {#sec-18a-4a-4 omnilex-key=us-nj-statutes--title-18a--18A:4A-4}

4. a. The commission is authorized to call upon any department, office, division or agency of the State, or of any county, municipality or school district of the State, to supply such data, program reports and other information, personnel and assistance as it deems necessary to discharge its responsibilities under this act.

b. These departments, offices, divisions and agencies shall, to the extent possible and not inconsistent with any other law of this State, cooperate with the commission and shall furnish it with such information, personnel and assistance as may be necessary or helpful to accomplish the purposes of this act.

## **Chapter 6** {#struct-chapter-6}

##### **§ 18A:6-1** Corporal punishment of pupils {#sec-18a-6-1 omnilex-key=us-nj-statutes--title-18a--18A:6-1}

No person employed or engaged in a school or educational institution, whether public or private, shall inflict or cause to be inflicted corporal punishment upon a pupil attending such school or institution; but any such person may, within the scope of his employment, use and apply such amounts of force as is reasonable and necessary:

(1) to quell a disturbance, threatening physical injury to others;

(2) to obtain possession of weapons or other dangerous objects upon the person or within the control of a pupil;

(3) for the purpose of self-defense; and

(4) for the protection of persons or property;

and such acts, or any of them, shall not be construed to constitute corporal punishment within the meaning and intendment of this section. Every resolution, bylaw, rule, ordinance, or other act or authority permitting or authorizing corporal punishment to be inflicted upon a pupil attending a school or educational institution shall be void.

##### **§ 18A:6-1.1** Experimental or stimulation of learning process drugs or medications; administration to pupils; written consent of parent or guardian and physician {#sec-18a-6-1.1 omnilex-key=us-nj-statutes--title-18a--18A:6-1.1}

The written consent of a parent or guardian of a pupil and of a physician of the parent's or guardian's choice shall be required prior to the administration to a pupil by school authorities of any drug of medication for experimental purposes or for stimulating the learning process.

##### **§ 18A:6-2** Instruction in accident and fire prevention {#sec-18a-6-2 omnilex-key=us-nj-statutes--title-18a--18A:6-2}

Regular courses of instruction in accident prevention and fire prevention shall be given in every public and private school in this state, which instruction shall be adapted to the understanding of the several grades and classes in said schools.

##### **§ 18A:6-3** Courses in Constitution of United States {#sec-18a-6-3 omnilex-key=us-nj-statutes--title-18a--18A:6-3}

Regular courses of instruction in the Constitution of the United States shall be given in all public schools and in all private schools, attendance at which is a sufficient compliance with the compulsory educational requirements of this title in this State, which instruction shall begin not later than the opening of the seventh grade in public schools and of the equivalent grade in private schools and shall continue in the high school course and in courses of State colleges and universities and the educational departments of the State and municipal institutions.

##### **§ 18A:6-4** Annual report of institutions receiving State aid and private schools {#sec-18a-6-4 omnilex-key=us-nj-statutes--title-18a--18A:6-4}

The board, body or person in charge of each educational institution, except an institution of higher education, receiving support or aid from the State and of each private school shall report, annually on or before August 1, to the commissioner, in the manner and form required by him, and the board, body or person in charge of each educational institution of higher learning receiving support or aid from the State shall report in like manner to the Commission on Higher Education, such statistics relating to the conduct of such institution or school as he may require but no private school shall be required to report concerning its expenses or finances nor shall any such report made by it be published or made public.

##### **§ 18A:6-4.1** Security officers of public and nonprofit educational institutions; training courses {#sec-18a-6-4.1 omnilex-key=us-nj-statutes--title-18a--18A:6-4.1}

Upon application to, and approval by, the Superintendent of State Police security officers of public and nonprofit educational institutions of this State may be admitted to training courses conducted by the Division of State Police for State, county and municipal law enforcement officers, provided that the costs of such training as determined by the superintendent shall be paid to the State Treasurer by the private nonprofit institutions sending security officers to such training courses.

##### **§ 18A:6-4.2** Policemen; appointment by governing body of institution of learning {#sec-18a-6-4.2 omnilex-key=us-nj-statutes--title-18a--18A:6-4.2}

The governing body of any institution of higher education, academy, school or other institution of learning may appoint such persons as the governing body may designate to act as policemen for the institution.

##### **§ 18A:6-4.3** Application by policeman; approval; issuance of commission {#sec-18a-6-4.3 omnilex-key=us-nj-statutes--title-18a--18A:6-4.3}

All applications shall, in the first instance, be made to the chief of police of the municipality in which the institution is located, except that where the municipality does not have an organized full time police department or where the institution is located within more than one municipality, application shall be made to the Superintendent of State Police. The chief of police or the superintendent, as the case may be, shall investigate and determine the character, competency, integrity and fitness of the person or persons designated in the application. If the application is approved by the chief of police or the superintendent, the approved application shall be returned to the institution which shall issue a commission to the person appointed, a copy of which shall be filed in the office of the superintendent and with the chief of police of the municipality or municipalities in which such institution is located.

##### **§ 18A:6-4.3a** Background investigations of university police officer candidates. {#sec-18a-6-4.3a omnilex-key=us-nj-statutes--title-18a--18A:6-4.3a}

1. Notwithstanding the provisions of section 2 of P.L.1970, c.211 (C.18A:6-4.3) to the contrary, a college or university with an established police agency may conduct the complete investigation of an applicant's criminal history, character, competency, integrity and fitness required by that section.

##### **§ 18A:6-4.4** Police training course {#sec-18a-6-4.4 omnilex-key=us-nj-statutes--title-18a--18A:6-4.4}

Every person so appointed and commissioned shall, within 1 year of the date of his commission, successfully complete a police training course at a school approved and authorized by the Police Training Commission; provided, however, that the Police Training Commission may, in its discretion, except from the requirements of this section any person who demonstrates to the commission's satisfaction that he has successfully completed a police training course conducted by any Federal, State or other public or private agency, the requirements of which are substantially equivalent to the requirements of that at a school approved by the commission.

##### **§ 18A:6-4.5** Police powers {#sec-18a-6-4.5 omnilex-key=us-nj-statutes--title-18a--18A:6-4.5}

4. Every person so appointed and commissioned shall possess all the powers of policemen and constables in criminal cases and offenses against the law anywhere in the State of New Jersey, pursuant to any limitations as may be imposed by the governing body of the institution which appointed and commissioned the person.

##### **§ 18A:6-4.6** Name plate and shield {#sec-18a-6-4.6 omnilex-key=us-nj-statutes--title-18a--18A:6-4.6}

Each policeman, when on duty, except when employed as a detective, shall wear in plain view a name plate and a metallic shield or device with the word "police" and the name or style of the institution for which he is appointed inscribed thereon.

##### **§ 18A:6-4.7** Traffic and parking violations; authority; procedure on issuance of tickets {#sec-18a-6-4.7 omnilex-key=us-nj-statutes--title-18a--18A:6-4.7}

In connection with traffic and parking violations, and policemen appointed pursuant to this act shall, while on duty and within the territorial limits of the municipalities in which the respective institutions are located, and with the concurrence of the chiefs of police of such municipalities have the power to enforce the laws regulating traffic and the operation of motor vehicles. Such policemen shall have authority to issue and use traffic tickets and summonses of the type now used by the New Jersey State Police with such changes as are necessitated by reason of this act. Upon the issuance of any traffic or parking ticket or summons, the same procedure shall be followed as now prevails in connection with the use of traffic and parking violation tickets by the municipalities of this State.

##### **§ 18A:6-4.8** Application of concealed weapons law {#sec-18a-6-4.8 omnilex-key=us-nj-statutes--title-18a--18A:6-4.8}

The provisions of N.J.S. 2A:151-41 shall not apply to any policemen appointed pursuant to the provisions of this act.

##### **§ 18A:6-4.9** Repeal {#sec-18a-6-4.9 omnilex-key=us-nj-statutes--title-18a--18A:6-4.9}

Sections 15:11-16 through 15:11-20, inclusive, of the Revised Statutes are hereby repealed; provided, however, that such repeal shall not affect the continuance in office, position or employment of any person heretofore appointed pursuant to such sections.

##### **§ 18A:6-4.10** Construction of act {#sec-18a-6-4.10 omnilex-key=us-nj-statutes--title-18a--18A:6-4.10}

Nothing in this act shall be construed to limit or impair the rights of any State, county or municipal law enforcement officer in the performance of his duties.

##### **§ 18A:6-4.11** Severability {#sec-18a-6-4.11 omnilex-key=us-nj-statutes--title-18a--18A:6-4.11}

If any provision of this act shall be adjudged by any court of competent jurisdiction to be ineffective, such determination shall not affect or impair the remaining provisions thereof but shall be confined in its operation to the provisions directly involved in a controversy in which said determination shall have been rendered.

##### **§ 18A:6-4.12** Educational institution reimbursement. {#sec-18a-6-4.12 omnilex-key=us-nj-statutes--title-18a--18A:6-4.12}

2. a. If a person who was appointed as a police officer of an educational institution pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.) resigns and is subsequently appointed as a police officer for another educational institution or for a county or municipal law enforcement agency, a State law enforcement agency or the New Jersey Transit Police Department pursuant to section 2 of P.L.1989, c.291 (C.27:25-15.1) within 120 days of resignation, and if that person held a probationary appointment at the time of resignation or held a permanent appointment for 30 days or less prior to resignation, the educational institution, county or municipal law enforcement agency, or State law enforcement agency appointing the person, or the New Jersey Transit Corporation, shall be liable to the former educational institution for the total certified costs incurred by that former educational institution in the examination, hiring, and training of the person.

b. If a person who was appointed as a police officer of an educational institution pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.) resigns and is subsequently appointed as a police officer for another educational institution or for a county or municipal law enforcement agency, State law enforcement agency or the New Jersey Transit Police Department pursuant to section 2 of P.L.1989, c.291 (C.27:25-15.1) within 120 days of resignation, and if that person held a permanent appointment for more than 30 days but less than two years at the time of resignation, the educational institution, county or municipal law enforcement agency or State law enforcement agency appointing the person, or the New Jersey Transit Corporation, shall be liable to the former educational institution for one-half of the total certified costs incurred by that former institution in the examination, hiring, and training of the person.

c. Upon the appointment of a former police officer of an educational institution, the appointing educational institution, county or municipal law enforcement agency, State law enforcement agency or the New Jersey Transit Corporation shall notify the former educational institution immediately upon the appointment of a police officer formerly with that institution and shall reimburse the institution within 120 days of the receipt of the certified costs.

d. As used in this section:

"County or municipal law enforcement agency" means and includes, but is not limited to, a county or municipal police department or force, a county corrections department and a county sheriff's office;

"Examination costs" means and includes, but is not limited to, the costs of all qualifying examinations and public advertisements for these examinations.

"State law enforcement agency" means and includes, but is not limited to, the police department of a State agency and the State Department of Corrections, but does not include the State Police.

"Training costs" means the police training course fees and the base salary received while attending the police training course as required by section 3 of P.L.1970, c.211 (C.18A:6-4.4).

##### **§ 18A:6-4.13** Nonpublic school employment candidates to demonstrate no criminal history. {#sec-18a-6-4.13 omnilex-key=us-nj-statutes--title-18a--18A:6-4.13}

1. Any nonpublic school may require all final candidates for employment or service under contract with the school as a teacher, substitute teacher, teacher aide, a school physician, school nurse, custodian, maintenance worker, bus driver, security guard, secretary or clerical worker or for any other position which involves regular contact with pupils, to demonstrate that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or the State Bureau of Identification which would disqualify that individual from employment in the public schools of this State pursuant to the provisions of P.L.1986, c.116 (C.18A:6-7.1 et seq.). Application of this requirement by a nonpublic school shall be consistent and nondiscriminatory among candidates.

As used in this act, "nonpublic school" means an elementary or secondary school within the State, other than a public school, offering education in grades K-12 or any combination thereof, wherein a child may legally fulfill compulsory school attendance requirements.

##### **§ 18A:6-4.14** Criminal history record check for applicant for nonpublic school employment {#sec-18a-6-4.14 omnilex-key=us-nj-statutes--title-18a--18A:6-4.14}

2. An applicant for employment or service in any of the positions covered by this act shall submit to the Commissioner of Education his or her name, address and fingerprints taken in accordance with procedures established by the commissioner. The commissioner is hereby authorized to exchange fingerprint data with and to receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police for use in making the determinations required by this act. No criminal history record check shall be performed pursuant to this act unless the applicant shall have furnished his or her written consent to such a check. The applicant shall bear the cost for the criminal history record check, including all costs for administering and processing the check.

##### **§ 18A:6-4.15** Determination, reporting of qualification; written notice, notice of pending charge {#sec-18a-6-4.15 omnilex-key=us-nj-statutes--title-18a--18A:6-4.15}

3. The commissioner shall apply the same requirements, procedures and standards and shall proceed in the same manner as is prescribed in P.L.1986, c.116 (C.18A:6-7.1 et seq.) for determining whether the applicant would be qualified or disqualified for employment in the public schools and shall inform the applicant of his determination in writing. The commissioner shall also provide written notification to the chief administrator of the nonpublic school, which requires the criminal history record check as a condition of employment, of his determination as to whether the candidate would be qualified or disqualified for employment in the public schools.

Following qualification for employment pursuant to this section, the State Bureau of Identification shall immediately forward to the Commissioner of Education any information which the bureau receives on a charge pending against an employee of the nonpublic school which requires a criminal history record check as a condition of employment. If the charge is for one of the crimes or offenses enumerated in section 1 of P.L.1986, c.116 (C.18A:6-7.1), the commissioner shall notify the chief administrator of the nonpublic school.

##### **§ 18A:6-4.16** Records to be kept no longer than three years; exceptions. {#sec-18a-6-4.16 omnilex-key=us-nj-statutes--title-18a--18A:6-4.16}

4. The commissioner may maintain the criminal record and application documents on a candidate for no longer than three years from the date of a determination as to the candidate's qualification or disqualification for employment with an employer. The three-year retention limitation shall not apply to statistical data on crimes and any other offenses or an ongoing list of candidates who are qualified or disqualified. All documents submitted by a candidate and all criminal history record information shall be maintained by the commissioner in a confidential manner.

##### **§ 18A:6-4.17** Initial criminal history record check for substitute employees {#sec-18a-6-4.17 omnilex-key=us-nj-statutes--title-18a--18A:6-4.17}

An individual employed in any substitute capacity or position by a nonpublic school which requires a criminal history record check, and who is rehired annually by that school, shall only be required to undergo a criminal history record check as authorized pursuant to this act upon initial employment.

##### **§ 18A:6-5** Inquiry as to religion and religious tests prohibited {#sec-18a-6-5 omnilex-key=us-nj-statutes--title-18a--18A:6-5}

No religious test shall be required as a qualification for employment in any capacity in the public school system of the state or any school or educational institution supported wholly or in part with state funds and no inquiry in regard to his religion shall be made of a person proposed for or seeking such employment and any person violating the provisions of this section shall be guilty of a misdemeanor.

##### **§ 18A:6-6** No sex discrimination {#sec-18a-6-6 omnilex-key=us-nj-statutes--title-18a--18A:6-6}

No discrimination based on sex shall be made in the formulation of the scale of wages, compensation, appointment, assignment, promotion, transfer, resignation, dismissal, or other matter pertaining to the employment of teachers in any school, state college, college, university, or other educational institution, in this state, supported in whole or in part by public funds unless it is open to members of one sex only, in which case teachers of that sex may be employed exclusively.

##### **§ 18A:6-6.1** Definition. {#sec-18a-6-6.1 omnilex-key=us-nj-statutes--title-18a--18A:6-6.1}

1. As used in this act, “public schools” means a school operated by local or regional school district established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes, a charter school, a renaissance school project, an educational services commission, or any other local education agency.

##### **§ 18A:6-6.2** Educator employment web portal. {#sec-18a-6-6.2 omnilex-key=us-nj-statutes--title-18a--18A:6-6.2}

2. a. The Commissioner of Education shall establish and maintain, within the limit of funds appropriated, an educator employment web portal, which shall be fully operational within 12 months of the effective date of this act. The web portal shall aggregate job postings from public schools and approved private schools for students with disabilities across the State to allow educators to search for positions in one place and provide direct links to school-specific application systems for submission.

b. The web portal established pursuant to subsection a. of this section shall:

(1) maximize the ability of educators to connect with public schools and approved private schools for students with disabilities that have employment openings;

(2) increase the degree of information sharing regarding employment opportunities for educators; and

(3) maintain high standards for data privacy and security.

c. The commissioner may contract with a private vendor to effectuate the purposes of this section.

d. The commissioner may reconstruct an existing Internet website or web portal operated by the Department of Education to meet the requirements established pursuant to subsection a. of this section.

##### **§ 18A:6-6.3** Virtual applicant profile system, educator employment web portal. {#sec-18a-6-6.3 omnilex-key=us-nj-statutes--title-18a--18A:6-6.3}

3. a. The Commissioner of Education shall develop, within the limit of funds appropriated, a virtual applicant profile system that allows job applicants to store and manage commonly required employment information in a secure format for use when applying to a position with a public school or an approved private school for students with disabilities using school-specific application systems. The system shall be fully operational within 12 months of the effective date of this act.

b. Information contained in the virtual applicant profile system may include, but need not be limited to name, date of birth, education, employment history, and teacher certifications and endorsements.

c. The commissioner may contract with a private vendor to effectuate the purposes of this section.

d. The commissioner may reconstruct an existing Internet website or web portal operated by the Department of Education to meet the requirements established pursuant to subsection a. of this section.

e. Nothing in this section shall be construed to prevent a public school, an approved private school for students with disabilities, or an employee thereof from using its own application process or from requiring additional materials from applicants who apply for employment.

##### **§ 18A:6-7** Oaths of persons employed in teaching capacities {#sec-18a-6-7 omnilex-key=us-nj-statutes--title-18a--18A:6-7}

Every person who is a citizen of the United States, and who is employed as a professor, instructor, teacher or in any teaching capacity by or in any school, college, state college, university or other educational institution in this state which is supported in whole or in part by public funds, directly or through contract or otherwise with or on behalf of the state shall, before entering into the discharge of his duties, take and subscribe to the oath of allegiance and office prescribed in section 41:1-3 of the Revised Statutes, and any person who is a citizen or subject of any other country and who is so employed, shall, likewise, take and subscribe to an oath to support the constitution of the United States while so employed, a copy of which oath shall be filed with his said employer.

##### **§ 18A:6-7a** Alleged child abuse, neglect by school employee; no use if unfounded. {#sec-18a-6-7a omnilex-key=us-nj-statutes--title-18a--18A:6-7a}

1. When a complaint made against a school employee alleging child abuse or neglect is investigated by the Department of Children and Families, the department shall notify the school district and the employee of its findings. Upon receipt of a finding by the department that such a complaint is unfounded, the school district shall remove any references to the complaint and investigation by the department from the employee's personnel records. A complaint made against a school employee that has been classified as unfounded by the department shall not be used against the employee for any purpose relating to employment, including but not limited to, discipline, salary, promotion, transfer, demotion, retention or continuance of employment, termination of employment or any right or privilege relating to employment.

##### **§ 18A:6-7.1** Criminal record check in public school employment, volunteer service. {#sec-18a-6-7.1 omnilex-key=us-nj-statutes--title-18a--18A:6-7.1}

1. A facility, center, school, or school system under the supervision of the Department of Education and board of education which cares for, or is involved in the education of children under the age of 18 shall not employ for pay or contract for the paid services of any teaching staff member or substitute teacher, teacher aide, child study team member, school physician, school nurse, custodian, school maintenance worker, cafeteria worker, school law enforcement officer, school secretary or clerical worker or any other person serving in a position which involves regular contact with pupils unless the employer has first determined consistent with the requirements and standards of this act, that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or the State Bureau of Identification which would disqualify that individual from being employed or utilized in such capacity or position. An individual employed by a board of education or a school bus contractor holding a contract with a board of education, in the capacity of a school bus driver, shall be required to meet the criminal history record requirements pursuant to section 6 of P.L.1989, c.104 (C.18A:39-19.1). A facility, center, school, or school system under the supervision of the Department of Education and board of education which cares for, or is involved in the education of children under the age of 18 may require criminal history record checks for individuals who, on an unpaid voluntary basis, provide services that involve regular contact with pupils. In the case of school districts involved in a sending-receiving relationship, the decision to require criminal history record checks for volunteers shall be made jointly by the boards of education of the sending and receiving districts.

An individual, except as provided in subsection g. of this section, shall be permanently disqualified from employment or service under this act if the individual's criminal history record check reveals a record of conviction for any crime of the first or second degree; or

a. An offense as set forth in chapter 14 of Title 2C of the New Jersey Statutes, or as set forth in N.J.S.2C:24-4 and 2C:24-7, or as set forth in R.S.9:6-1 et seq., or as set forth in N.J.S.2C:29-2; or

b. An offense involving the manufacture, transportation, sale, possession, distribution or habitual use of a "controlled dangerous substance" as defined in the "Comprehensive Drug Reform Act of 1987," N.J.S.2C:35-1 et al. or "drug paraphernalia" as defined pursuant to N.J.S.2C:36-1 et seq.; or

c. (1) A crime involving the use of force or the threat of force to or upon a person or property including, but not limited to, robbery, aggravated assault, stalking, kidnapping, arson, manslaughter and murder; or

(2) A crime as set forth in chapter 39 of Title 2C of the New Jersey Statutes, a third degree crime as set forth in chapter 20 of Title 2C of the New Jersey Statutes, or a crime as listed below:

Recklessly endangering another person N.J.S.2C:12-2

Terroristic threats N.J.S.2C:12-3

Criminal restraint N.J.S.2C:13-2

Luring, enticing child into motor

vehicle, structure or isolated area P.L.1993, c.291 (C.2C:13-6)

Causing or risking widespread injury

or damage N.J.S.2C:17-2

Criminal mischief N.J.S.2C:17-3

Burglary N.J.S.2C:18-2

Usury N.J.S.2C:21-19

Threats and other improper influence N.J.S.2C:27-3

Perjury and false swearing N.J.S.2C:28-3

Resisting arrest N.J.S.2C:29-2

Escape N.J.S.2C:29-5

Bias intimidation N.J.S.2C:16-1;

or

(3) Any crime of the fourth degree involving a victim who is a minor; or

(4) Conspiracy to commit or an attempt to commit any of the crimes described in this act.

d. For the purposes of this section, a conviction exists if the individual has at any time been convicted under the laws of this State or under any similar statutes of the United States or any other state for a substantially equivalent crime or other offense.

e. Notwithstanding the provisions of this section, an individual shall not be disqualified from employment or service under this act on the basis of any conviction disclosed by a criminal record check performed pursuant to this act without an opportunity to challenge the accuracy of the disqualifying criminal history record.

f. When charges are pending for a crime or any other offense enumerated in this section, the employing board of education shall be notified that the candidate shall not be eligible for employment until the commissioner has made a determination regarding qualification or disqualification upon adjudication of the pending charges.

g. This section shall first apply to criminal history record checks conducted on or after the effective date of P.L.1998, c.31 (C.18A:6-7.1c et al.); except that in the case of an individual employed by a board of education or a contracted service provider who is required to undergo a check upon employment with another board of education or contracted service provider, the individual shall be disqualified only for the following offenses:

(1) any offense enumerated in this section prior to the effective date of P.L.1998, c.31 (C.18A:6-7.1c et al.); and

(2) any offense enumerated in this section which had not been enumerated in this section prior to the effective date of P.L.1998, c.31 (C.18A:6-7.1c et al.), if the person was convicted of that offense on or after the effective date of that act.

##### **§ 18A:6-7.1b** Initial criminal history check for substitutes {#sec-18a-6-7.1b omnilex-key=us-nj-statutes--title-18a--18A:6-7.1b}

2. An individual employed by a board of education in any substitute capacity or position, who is rehired annually by that board, shall only be required to undergo a criminal history record check as required pursuant to P.L.1986, c.116 (C.18A:6-7.1 et seq.) upon initial employment, provided the substitute continues in the employ of at least one of the districts at which the substitute was employed within one year of the approval of the criminal history record check.

##### **§ 18A:6-7.1c** Employment of applicant on emergent basis, conditions. {#sec-18a-6-7.1c omnilex-key=us-nj-statutes--title-18a--18A:6-7.1c}

12. A board of education or contracted service provider may employ an applicant on an emergent basis for a period not to exceed three months, pending completion of a criminal history records check and, with respect to a bus driver applicant, a check for the driver's record of alcohol and drug-related motor vehicle violations pursuant to section 6 of P.L.1989, c.104 (C.18A:39-19.1), if the board or service provider demonstrates to the Commissioner of Education that special circumstances exist which justify the emergent employment. The board's or service provider's request to the commissioner shall include: (1) a description of the vacant position that needs to be filled; (2) a statement describing the board's or contract provider's good faith efforts to fill the position on a timely basis or a statement describing the unanticipated need for the applicant's employment; and (3) a sworn statement submitted by the applicant attesting that the applicant has not been convicted or does not have a charge pending for a crime or any other offense enumerated in section 1 of P.L.1986, c.116 (C.18A:6-7.1) or a record of alcohol and drug-related motor vehicle violations pursuant to section 6 of P.L.1989, c.104 (C.18A:39-19.1).

In the event that the background check is not completed within three months, the board or contracted service provider may petition the commissioner for an extension of time, not to exceed two months, in order to retain the employee.

##### **§ 18A:6-7.2** Fingerprinting; reimbursement of unpaid volunteers. {#sec-18a-6-7.2 omnilex-key=us-nj-statutes--title-18a--18A:6-7.2}

2. An applicant for employment or service in any of the positions covered by this act shall submit to the Commissioner of Education his or her name, address and fingerprints taken in accordance with procedures established by the commissioner. The Commissioner of Education is hereby authorized to exchange fingerprint data with and receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police for use in making the determinations required by this act. No criminal history record check shall be performed pursuant to this act unless the applicant shall have furnished his or her written consent to such a check. The applicant shall bear the cost for the criminal history record check, including all costs for administering and processing the check.

If a facility, center, school, or school system under the supervision of the Department of Education or board of education requires a criminal history record check for an unpaid volunteer, the facility, center, school, or school system under the supervision of the Department of Education or school board shall reimburse the applicant for the cost of the check. A facility, center, school, or school system under the supervision of the Department of Education or board of education may reimburse an applicant serving in a paid position for the cost of the check.

##### **§ 18A:6-7.2a** Authority of commissioner {#sec-18a-6-7.2a omnilex-key=us-nj-statutes--title-18a--18A:6-7.2a}

13. The Commissioner of Education is authorized to:

a. receive all criminal history data necessary to complete the criminal history records check as required pursuant to P.L.1986, c.116 (C.18A:6-7.1 et seq.) and section 6 of P.L.1989, c.104 (C.18A:39-19.1), or as permitted pursuant to P.L.1989, c.229 (C.18A:6-4.13 et seq.);

b. receive all data in accordance with section 3 of P.L.1986, c.116 (C.18A:6-7.3), section 6 of P.L.1989, c.104 (C.18A:39-19.1) and section 3 of P.L.1989, c. 229 (C.18A:6-4.15) on charges pending against an employee or school bus driver who has previously undergone a criminal history records check; and

c. adjust the fees set by the Department of Education for the criminal history records checks.

##### **§ 18A:6-7.3** Notice to applicant; notice of pending charges {#sec-18a-6-7.3 omnilex-key=us-nj-statutes--title-18a--18A:6-7.3}

3. Upon receipt of the criminal history record information for an applicant from the Federal Bureau of Investigation and the Division of State Police, the Commissioner of Education shall notify the applicant, in writing, of the applicant's qualification or disqualification for employment or service under this act. If the applicant is disqualified, the convictions which constitute the basis for the disqualification shall be identified in the written notice to the applicant. The applicant shall have 14 days from the date of the written notice of disqualification to challenge the accuracy of the criminal history record information. If no challenge is filed or if the determination of the accuracy of the criminal history record information upholds the disqualification, the commissioner shall notify the employing board of education that the applicant has been disqualified from employment, and a copy of the written notice of disqualification for applicants who hold a certificate issued by the State Board of Examiners shall be forwarded to that board.

The commissioner is authorized to share all criminal history record information regarding teaching staff members with the State Board of Examiners. In addition, the commissioner is authorized to share criminal history record information of an applicant from the Federal Bureau of Investigation or the State Bureau of Identification with the appropriate court in order to obtain copies of the judgment of conviction and such other documents as the commissioner deems necessary to confirm the completeness and accuracy of the record.

Following qualification for employment pursuant to this section, the State Bureau of Identification shall immediately forward to the Commissioner of Education any information which the bureau receives on a charge pending against an employee. If the charge is for one of the crimes or offenses enumerated in section 1 of P.L.1986, c.116 (C.18A:6-7.1), the commissioner shall notify the employing board of education or contractor, and the board or contractor shall take appropriate action. If the pending charge results in conviction, the employee shall not be eligible for continued employment.

##### **§ 18A:6-7.4** Three-year limitation; exceptions. {#sec-18a-6-7.4 omnilex-key=us-nj-statutes--title-18a--18A:6-7.4}

4. The Commissioner of Education may maintain the criminal record and application documents on a candidate for no longer than three years from the date of determination as to the candidate's qualification or disqualification for employment with an employer. The three-year retention limitation shall not apply to statistical data on crimes and any other offenses or an ongoing list of candidates who are qualified or disqualified. All documents submitted by a candidate and all criminal history record information shall be maintained by the commissioner in a confidential manner.

##### **§ 18A:6-7.5** Fine for noncompliance {#sec-18a-6-7.5 omnilex-key=us-nj-statutes--title-18a--18A:6-7.5}

Any employer who fails to comply with the provisions of this act shall be subject to a fine of not more than $500.00.

##### **§ 18A:6-7.6** Definitions relative to certain school employees. {#sec-18a-6-7.6 omnilex-key=us-nj-statutes--title-18a--18A:6-7.6}

1. As used in this act:

"Child abuse" means any conduct that falls under the purview and reporting requirements of P.L.1971, c.437 (C.9:6-8.8 et seq.) and is directed toward or against a child or student, regardless of the age of the child or student.

"Sexual misconduct" means any verbal, nonverbal, written, or electronic communication, or any other act directed toward or with a student that is designed to establish a sexual relationship with the student, including a sexual invitation, dating or soliciting a date, engaging in sexual dialogue, making sexually suggestive comments, self-disclosure or physical exposure of a sexual or erotic nature, and any other sexual, indecent or erotic contact with a student.

##### **§ 18A:6-7.7** Requirements for certain school employees. {#sec-18a-6-7.7 omnilex-key=us-nj-statutes--title-18a--18A:6-7.7}

2. A school district, charter school, nonpublic school, or contracted service provider holding a contract with a school district, charter school, or nonpublic school shall not employ for pay or contract for the paid services of any person serving in a position which involves regular contact with students unless the school district, charter school, nonpublic school, or contracted service provider:

a. Requires the applicant to provide:

(1) A list, including name, address, telephone number and other relevant contact information of the applicant's:

(a) current employer;

(b) all former employers within the last 20 years that were schools; and

(c) all former employers within the last 20 years where the applicant was employed in a position that involved direct contact with children; and

(2) A written authorization that consents to and authorizes disclosure of the information requested under subsection b. of this section and the release of related records by the applicant's employers listed under paragraph (1) of this subsection, and that releases those employers from liability that may arise from the disclosure or release of records;

(3) A written statement as to whether the applicant:

(a) has been the subject of any child abuse or sexual misconduct investigation by any employer, State licensing agency, law enforcement agency, or the Department of Children and Families, unless the investigation resulted in a finding that the allegations were false or the alleged incident of child abuse or sexual misconduct was not substantiated;

(b) has ever been disciplined, discharged, nonrenewed, asked to resign from employment, resigned from or otherwise separated from any employment while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct; or

(c) has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct;

and

b. Conducts a review of the employment history of the applicant by contacting those employers listed by the applicant under the provisions of paragraph (1) of subsection a. of this section and requesting the following information:

(1) The dates of employment of the applicant; and

(2) A statement as to whether the applicant:

(a) was the subject of any child abuse or sexual misconduct investigation by any employer, State licensing agency, law enforcement agency, or the Department of Children and Families, unless the investigation resulted in a finding that the allegations were false or the alleged incident of child abuse or sexual misconduct was not substantiated;

(b) was disciplined, discharged, nonrenewed, asked to resign from employment, resigned from or otherwise separated from any employment while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct; or

(c) has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct.

The review of the employment history may be conducted through telephonic, electronic, or written communications. If the review is conducted by telephone, the results of the review shall be documented in writing by the prospective employer.

##### **§ 18A:6-7.8** Certain actions by applicant; penalties. {#sec-18a-6-7.8 omnilex-key=us-nj-statutes--title-18a--18A:6-7.8}

3. a. An applicant who willfully provides false information or willfully fails to disclose information required in subsection a. of section 2 of this act:

(1) shall be subject to discipline up to, and including, termination or denial of employment;

(2) may be deemed in violation of subsection a. of N.J.S.2C:28-3; and

(3) may be subject to a civil penalty of not more than $500 which shall be collected in proceedings in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

b. A school district, charter school, nonpublic school, or contracted service provider holding a contract with a school district, charter school, or nonpublic school shall include a notification of the penalties set forth in this section on all applications for employment for positions which involve regular contact with students.

##### **§ 18A:6-7.9** Verification, disclosure of information. {#sec-18a-6-7.9 omnilex-key=us-nj-statutes--title-18a--18A:6-7.9}

4. a. No later than 20 days after receiving a request for information under subsection b. of section 2 of this act, an employer that has or had an employment relationship within the last 20 years with the applicant shall disclose the information requested.

b. The prospective employer, in conducting the review of the employment history of an out-of-State applicant, shall make, and document with specificity, diligent efforts to:

(1) verify the information provided by the applicant pursuant to subsection a. of section 2 of this act; and

(2) obtain from any out-of-State employers listed by the applicant the information requested pursuant to subsection b. of section 2 of this act.

c. The failure of an employer to provide the information requested pursuant to subsection b. of section 2 of this act within the 20-day timeframe established under subsection a. of this section may be grounds for the automatic disqualification of an applicant from employment with a school district, charter school, nonpublic school, or contracted service provider. A school district, charter school, nonpublic school, or contracted service provider shall not be liable for any claims brought by an applicant who is not offered employment or whose employment is terminated:

(1) because of any information received by the school district, charter school, nonpublic school, or contracted service provider from an employer pursuant to section 2 of this act; or

(2) due to the inability of the school district, charter school, nonpublic school, or contracted service provider to conduct a full review of the applicant's employment history pursuant to subsection b. of section 2 of this act.

d. A school district, charter school, nonpublic school, or contracted service provider shall have the right to immediately terminate an individual's employment or rescind an offer of employment if:

(1) the applicant is offered employment or commences employment with the school district, charter school, nonpublic school, or contracted service provider following the effective date of this act; and

(2) information regarding the applicant's history of sexual misconduct or child abuse is subsequently discovered or obtained by the employer that the employer determines disqualifies the applicant or employee from employment with the school district, charter school, nonpublic school, or contracted service provider.

The termination of employment pursuant to this subsection shall not be subject to any grievance or appeals procedures or tenure proceedings pursuant to any collectively bargained or negotiated agreement or any law, rule, or regulation.

##### **§ 18A:6-7.10** Review, further inquiries. {#sec-18a-6-7.10 omnilex-key=us-nj-statutes--title-18a--18A:6-7.10}

5. a. After reviewing the information disclosed under subsection b. of section 2 of this act and finding an affirmative response to any of the inquiries in paragraph (2) of subsection b. of section 2 of this act, the prospective employer, prior to determining to continue with the applicant's job application process, shall make further inquiries of the applicant's current or former employer to ascertain additional details regarding the matter disclosed.

b. A school district, charter school, nonpublic school, or contracted service provider may employ or contract with an applicant on a provisional basis for a period not to exceed 90 days pending review by the school district, charter school, nonpublic school, or contracted service provider of information received pursuant to section 2 of this act, provided that all of the following conditions are satisfied:

(1) the applicant has complied with subsection a. of section 2 of this act;

(2) the school district, charter school, nonpublic school, or contracted service provider has no knowledge or information pertaining to the applicant that the applicant is required to disclose pursuant to paragraph (3) of subsection a. of section 2 of this act; and

(3) the school district, charter school, nonpublic school, or contracted service provider determines that special or emergent circumstances exist that justify the temporary employment of the applicant.

##### **§ 18A:6-7.11** Information not deemed public record; immunity. {#sec-18a-6-7.11 omnilex-key=us-nj-statutes--title-18a--18A:6-7.11}

6. a. Information received by an employer under this act shall not be deemed a public record under P.L.1963, c.73 (C.47:1A-1 et seq.) or the common law concerning access to public records.

b. An employer, school district, charter school, nonpublic school, school administrator, or contracted service provider that provides information or records about a current or former employee or applicant shall be immune from criminal and civil liability for the disclosure of the information, unless the information or records provided were knowingly false. The immunity shall be in addition to and not in limitation of any other immunity provided by law.

##### **§ 18A:6-7.12** Prohibited actions relative to certain agreements, employment contracts. {#sec-18a-6-7.12 omnilex-key=us-nj-statutes--title-18a--18A:6-7.12}

7. a. On or after the effective date of this act, a school district, charter school, nonpublic school, or contracted service provider may not enter into a collectively bargained or negotiated agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement or take any action that:

(1) has the effect of suppressing or destroying information relating to an investigation related to a report of suspected child abuse or sexual misconduct by a current or former employee;

(2) affects the ability of the school district, charter school, nonpublic school, or contracted service provider to report suspected child abuse or sexual misconduct to the appropriate authorities; or

(3) requires the school district, charter school, nonpublic school,or contracted service provider to expunge information about allegations or finding of suspected child abuse or sexual misconduct from any documents maintained by the school district, charter school, nonpublic school, or contracted service provider, unless after investigation the allegations are found to be false or the alleged incident of child abuse or sexual misconduct has not been substantiated.

b. Any provision of an employment contract or agreement for resignation or termination or a severance agreement that is executed, amended, or entered into after the effective date of this act and that is contrary to this section shall be void and unenforceable.

##### **§ 18A:6-7.13** Public awareness campaign. {#sec-18a-6-7.13 omnilex-key=us-nj-statutes--title-18a--18A:6-7.13}

8. a. The Department of Education shall establish a public awareness campaign to publicize the provisions of this act and to ensure applicants and employers are aware of their respective rights and responsibilities under this act. The department shall post on its website guidance documents and any other informational materials that may assist applicants and employers in the implementation of and compliance with this act.

b. The department shall develop forms for applicants and employers that may be used to comply with the requirements of subsections a. and b. of section 2 of this act, as well as any other forms necessary to carry out the provisions of this act.

##### **§ 18A:6-8** Interest of school officers, etc., in sale of textbooks or supplies; royalties {#sec-18a-6-8 omnilex-key=us-nj-statutes--title-18a--18A:6-8}

No person officially connected with, or employed in, the public school system of this state or in any state educational institution shall be an agent for, or be in any way pecuniarily or beneficially interested in, or receive any compensation or reward of any kind for, the sale of any textbooks, school apparatus or supplies of any kind, for use in the school district or in the state educational institution with which he is connected or by which he is employed or within the state or part thereof over which his jurisdiction extends, upon penalty of removal from office or of revocation of his certificate to teach or to administer, direct or supervise the teaching, instruction or educational guidance of pupils in the public schools, but the prohibition of this section shall not prevent any person from receiving royalties upon the sale of any textbook of which he is the author.

##### **§ 18A:6-8.1** Leave of certain employees to serve in legislature {#sec-18a-6-8.1 omnilex-key=us-nj-statutes--title-18a--18A:6-8.1}

Any person employed by a public educational system or institution in a position which requires a certificate issued by the state board of examiners, or employed in a professional educational capacity by a school, college, or university which is either tax-supported or operated under contract with the state or on behalf of the state, who is a member of the senate or general assembly of the state of New Jersey, shall be entitled to time off from his duties as such employee, without loss of pay, during the periods of his attendance at regular or special sessions of the legislature and hearings or meetings of any legislative committee or commission.

##### **§ 18A:6-8.2** Leave of certain employees to serve on board of chosen freeholders {#sec-18a-6-8.2 omnilex-key=us-nj-statutes--title-18a--18A:6-8.2}

Any person employed by a public educational system or institution in a position which requires a certificate issued by the state board of examiners or employed in a professional educational capacity by a school, college, or university which is either tax-supported or operated under contract with the state or on behalf of the state, who is a member of the board of chosen freeholders of any county of this state shall be entitled to time off from his duties as such employee, without pay, during the periods of his attendance at regular or special meetings of the board and of any committee thereof and at such other times as he shall be engaged in performing the necessary functions and duties of his office as a member of the board.

##### **§ 18A:6-8.3** Suspended employee or officer of board of education; compensation; exceptions {#sec-18a-6-8.3 omnilex-key=us-nj-statutes--title-18a--18A:6-8.3}

Any employee or officer of a board of education in this State who is suspended from his employment, office or position, other than by reason of indictment, pending any investigation, hearing or trial or any appeal therefrom, shall receive his full pay or salary during such period of suspension, except that in the event of charges against such employee or officer brought before the board of education or the Commissioner of Education pursuant to law, such suspension may be with or without pay or salary as provided in chapter 6 of which this section is a supplement.

##### **§ 18A:6-8.4** Right to hold elective or appointive state, county or municipal office {#sec-18a-6-8.4 omnilex-key=us-nj-statutes--title-18a--18A:6-8.4}

No person employed by a public educational system or institution in a position which requires a certificate issued by the State Board of Examiners, or employed in a professional educational capacity by a school, college, or university which is either tax-supported or operated under contract with the State or on behalf of the State shall be disqualified by reason of such employment from holding any elective or appointive State, county or municipal office excepting as member of the board or body by which he is employed.

##### **§ 18A:6-8.5** Requirements for receipt of employee tuition assistance, additional compensation. {#sec-18a-6-8.5 omnilex-key=us-nj-statutes--title-18a--18A:6-8.5}

1. In order for a board of education to provide to an employee tuition assistance for coursework taken at an institution of higher education or additional compensation upon the acquisition of additional academic credits or completion of a degree program at an institution of higher education:

a. The institution shall be a duly authorized institution of higher education as defined in section 3 of P.L.1986, c.87 (C.18A:3-15.3);

b. The employee shall obtain approval from the superintendent of schools prior to enrollment in any course for which tuition assistance is sought. In the event that the superintendent denies the approval, the employee may appeal the denial to the board of education.

In the case of a superintendent, the approval shall be obtained from the board of education; and

c. The tuition assistance or additional compensation shall be provided only for a course or degree related to the employee's current or future job responsibilities.

##### **§ 18A:6-8.6** Construction of act. {#sec-18a-6-8.6 omnilex-key=us-nj-statutes--title-18a--18A:6-8.6}

2. Nothing in this act shall be construed to limit the authority of a board of education to establish more stringent requirements for the provision of tuition assistance or additional compensation than the requirements set forth in section 1 of P.L.2010, c.13 (C.18A:6-8.5).

##### **§ 18A:6-9** Controversies, disputes arising under school laws; jurisdiction. {#sec-18a-6-9 omnilex-key=us-nj-statutes--title-18a--18A:6-9}

The commissioner shall have jurisdiction to hear and determine, without cost to the parties, all controversies and disputes arising under the school laws, excepting those governing higher education, or under the rules of the State board or of the commissioner. For the purposes of this Title, controversies and disputes concerning the conduct of school elections shall not be deemed to arise under the school laws.

Notwithstanding the provisions of this section to the contrary, an arbitrator shall hear and make a final determination on a controversy and dispute arising under subarticle B of article 2 of chapter 6 of Title 18A of the New Jersey Statutes (C.18A:6-10 et seq.).

##### **§ 18A:6-9.1** Commissioner's determinations considered final agency action; appeals; request for relief. {#sec-18a-6-9.1 omnilex-key=us-nj-statutes--title-18a--18A:6-9.1}

1. a. Notwithstanding the provisions of any law or regulation to the contrary, on and after the effective date of this act determinations made by the Commissioner of Education in all controversies and disputes arising under the school laws shall be considered to be final agency action under the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and appeal of that action shall be directly to the Appellate Division of the Superior Court.

b. For all cases pending before the State Board of Education on the effective date of this act for which the State board has not rendered a decision, the decision of the commissioner shall be deemed to be the final agency action under the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). Any appeal of the commissioner's decision to the Appellate Division of the Superior Court shall be filed within 45 days of the effective date of this act.

c. Any request for relief arising out of a State Board of Education decision rendered prior to the effective date of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall be considered and determined by the commissioner.

##### **§ 18A:6-9.2** Authority of State BOE to consider appeal terminated. {#sec-18a-6-9.2 omnilex-key=us-nj-statutes--title-18a--18A:6-9.2}

4. Notwithstanding the provisions of any law or regulation to the contrary, on and after the effective date of this act the State Board of Education shall have no authority to consider an appeal from any commissioner determination.

##### **§ 18A:6-10** Dismissal and reduction in compensation of persons under tenure in public school system {#sec-18a-6-10 omnilex-key=us-nj-statutes--title-18a--18A:6-10}

No person shall be dismissed or reduced in compensation,

(a) if he is or shall be under tenure of office, position or employment during good behavior and efficiency in the public school system of the state, or

(b) if he is or shall be under tenure of office, position or employment during good behavior and efficiency as a supervisor, teacher or in any other teaching capacity in the Marie H. Katzenbach school for the deaf, or in any other educational institution conducted under the supervision of the commissioner;

except for inefficiency, incapacity, unbecoming conduct, or other just cause, and then only after a hearing held pursuant to this subarticle, by the commissioner, or a person appointed by him to act in his behalf, after a written charge or charges, of the cause or causes of complaint, shall have been preferred against such person, signed by the person or persons making the same, who may or may not be a member or members of a board of education, and filed and proceeded upon as in this subarticle provided.

Nothing in this section shall prevent the reduction of the number of any such persons holding such offices, positions or employments under the conditions and with the effect provided by law.

##### **§ 18A:6-11** Written charges, statement of evidence; filing; statement of position by employee; certification of determination; notice. {#sec-18a-6-11 omnilex-key=us-nj-statutes--title-18a--18A:6-11}

Any charge made against any employee of a board of education under tenure during good behavior and efficiency shall be filed with the secretary of the board in writing, and a written statement of evidence under oath to support such charge shall be presented to the board. The board of education shall forthwith provide such employee with a copy of the charge, a copy of the statement of the evidence and an opportunity to submit a written statement of position and a written statement of evidence under oath with respect thereto. After consideration of the charge, statement of position and statements of evidence presented to it, the board shall determine by majority vote of its full membership whether there is probable cause to credit the evidence in support of the charge and whether such charge, if credited, is sufficient to warrant a dismissal or reduction of salary. The board of education shall forthwith notify the employee against whom the charge has been made of its determination, personally or by certified mail directed to his last known address. In the event the board finds that such probable cause exists and that the charge, if credited, is sufficient to warrant a dismissal or reduction of salary, then it shall forward such written charge to the commissioner for a hearing pursuant to N.J.S.18A:6-16, together with a certificate of such determination. The consideration and actions of the board as to any charge shall not take place at a public meeting.

##### **§ 18A:6-13** Dismissal of charge for failure of determination by board. {#sec-18a-6-13 omnilex-key=us-nj-statutes--title-18a--18A:6-13}

If the board does not make such a determination within 45 days after receipt of the written charge, the charge shall be deemed to be dismissed and no further proceeding or action shall be taken thereon.

##### **§ 18A:6-14** Suspension upon certification of charge; compensation; reinstatement. {#sec-18a-6-14 omnilex-key=us-nj-statutes--title-18a--18A:6-14}

Upon certification of any charge to the commissioner, the board may suspend the person against whom such charge is made, with or without pay, but, if the determination of the charge by the arbitrator is not made within 120 calendar days after certification of the charges, excluding all delays which are granted at the request of such person, then the full salary (except for said 120 days) of such person shall be paid beginning on the one hundred twenty-first day until such determination is made. Should the charge be dismissed at any stage of the process, the person shall be reinstated immediately with full pay from the first day of such suspension. Should the charge be dismissed at any stage of the process and the suspension be continued during an appeal therefrom, then the full pay or salary of such person shall continue until the determination of the appeal. However, the board of education shall deduct from said full pay or salary any sums received by such employee or officers by way of pay or salary from any substituted employment assumed during such period of suspension. Should the charge be sustained on the original hearing or an appeal therefrom, and should such person appeal from the same, then the suspension may be continued unless and until such determination is reversed, in which event he shall be reinstated immediately with full pay as of the time of such suspension.

##### **§ 18A:6-16** Proceedings before commissioner; written response; determination. {#sec-18a-6-16 omnilex-key=us-nj-statutes--title-18a--18A:6-16}

Upon receipt of such a charge and certification, or of a charge lawfully made to the commissioner, the commissioner or the person appointed to act in the commissioner's behalf in the proceedings shall examine the charges and certification. The individual against whom the charges are certified shall have 15 days to submit a written response to the charges to the commissioner. Upon a showing of good cause, the commissioner may grant an extension of time. The commissioner shall render a determination on the sufficiency of charges as set forth below within 10 days immediately following the period provided for a written response to the charges.

If, following receipt of the written response to the charges, the commissioner is of the opinion that they are not sufficient to warrant dismissal or reduction in salary of the person charged, he shall dismiss the same and notify said person accordingly. If, however, he shall determine that such charge is sufficient to warrant dismissal or reduction in salary of the person charged, he shall refer the case to an arbitrator pursuant to section 22 of P.L.2012, c.26 (C.18A:6-17.1) for further proceedings, except that when a motion for summary decision has been made prior to that time, the commissioner may retain the matter for purposes of deciding the motion.

##### **§ 18A:6-17** Board of education a party; conduct of hearing {#sec-18a-6-17 omnilex-key=us-nj-statutes--title-18a--18A:6-17}

In such hearing the board of education shall be a party and the hearing shall be conducted in accordance with the rules and regulations, adopted by the commissioner and approved by the state board.

##### **§ 18A:6-17.1** Panel of arbitrators; training. {#sec-18a-6-17.1 omnilex-key=us-nj-statutes--title-18a--18A:6-17.1}

22. a. The Commissioner of Education shall maintain a panel of 50 permanent arbitrators to hear matters pursuant to N.J.S.18A:6-16. Of the 50 arbitrators, 16 arbitrators shall be designated by the New Jersey Education Association, six arbitrators shall be designated by the American Federation of Teachers, 18 arbitrators shall be designated by the New Jersey School Boards Association, and 10 arbitrators shall be designated by the New Jersey Principals and Supervisors Association. The commissioner shall inform the appropriate designating entity when a vacancy exists. If the appropriate entity does not designate an arbitrator within 30 days, the commissioner shall designate an arbitrator to fill that vacancy.

All arbitrators designated pursuant to this section shall serve on the American Arbitration Association panel of labor arbitrators and shall be members of the National Academy of Arbitrators. The arbitrators shall have knowledge and experience in the school employment sector. Arbitrators on the permanent panel shall be assigned by the commissioner randomly to hear cases.

All arbitrators designated pursuant to this section after the effective date of P.L.2019, c.45, shall receive training on conduct unbecoming an employee including, but not limited to, issues related to allegations of sexual assault and child abuse, for the purpose of assisting the arbitrator in determining matters in which conduct unbecoming an employee is the basis of the tenure charges made against the employee. Any arbitrator on the permanent panel as of the effective date of P.L.2019, c.45, shall receive the training within 18 months of the effective date of that act.

The training on conduct unbecoming an employee shall also include issues related to cultural diversity and bias. Any arbitrator on the permanent panel as of the effective date of P.L.2021, c.51, shall receive training on these issues within 18 months of the effective date of that act.

The training shall be conducted by a State agency or private entity with expertise in the subject area selected by the commissioner, and any training on sexual misconduct or child abuse shall be conducted in consultation with a sexual assault or child abuse prevention organization. The training program utilized by the State agency or private entity shall be approved by the commissioner and shall be developed in consultation with interested stakeholders in the school law and education communities including, but not limited to, the New Jersey School Boards Association, the New Jersey Principals and Supervisors Association, the New Jersey Education Association, the American Federation of Teachers, and the New Jersey Association of School Administrators. The training program shall include, but shall not be limited to:

(1) A review of tenure charge cases concerning conduct unbecoming by a school employee, including cases decided both before and after the enactment of P.L.2012, c.26 (C.18A:6-117 et al.); and

(2) A review of the factors to be considered by arbitrators in deciding tenure charge cases concerning conduct unbecoming by a school employee including, but not limited to, the nature of the alleged offense and the impact, or potential impact, of the employee's conduct on the health and safety of students within the context of the school environment.

b. The following provisions shall apply to a hearing conducted by an arbitrator pursuant to N.J.S.18A:6-16, except as otherwise provided pursuant to P.L.2012, c.26 (C.18A:6-117 et al.):

(1) The hearing shall be held before the arbitrator within 45 days of the assignment of the arbitrator to the case;

(2) The arbitrator shall receive no less than $1250 per day, or such amount as established at the discretion of the Commissioner of Education, who shall consider the average per diem rate of arbitrators eligible to serve on the panel who reside in New Jersey, New York, and Pennsylvania. The costs and expenses of the arbitrator shall be borne by the State of New Jersey;

(3) Upon referral of the case for arbitration, the employing board of education shall provide all evidence including, but not limited to, documents, electronic evidence, statements of witnesses, and a list of witnesses with a complete summary of their testimony, to the employee or the employee's representative. The employing board of education shall be precluded from presenting any additional evidence at the hearing, except for purposes of impeachment of witnesses. At least 10 days prior to the hearing, the employee shall provide all evidence upon which he will rely including, but not limited to, documents, electronic evidence, statements of witnesses, and a list of witnesses with a complete summary of their testimony, to the employing board of education or its representative. The employee shall be precluded from presenting any additional evidence at the hearing except for purposes of impeachment of witnesses.

Discovery shall not include depositions, and interrogatories shall be limited to 25 without subparts.

c. The arbitrator shall determine the case under the American Arbitration Association labor arbitration rules. In the event of a conflict between the American Arbitration Association labor arbitration rules and the procedures established pursuant to this section, the procedures established pursuant to this section shall govern.

d. Notwithstanding the provisions of N.J.S.18A:6-25 or any other section of law to the contrary, the arbitrator shall render a written decision within 45 days of the start of the hearing.

e. The arbitrator's determination shall be final and binding and may not be appealable to the commissioner or the State Board of Education. The determination shall be subject to judicial review and enforcement as provided pursuant to N.J.S.2A:24-7 through N.J.S.2A:24-10.

f. Timelines set forth herein shall be strictly followed; the arbitrator or any involved party shall inform the commissioner of any timeline that is not adhered to.

g. An arbitrator may not extend the timeline of holding a hearing beyond 45 days of the assignment of the arbitrator to the case without approval from the commissioner. An arbitrator may not extend the timeline for rendering a written decision within 45 days of the start of the hearing without approval from the commissioner. Extension requests shall occur before the 41st day of the respective timelines set forth herein. The commissioner shall approve or disapprove extension requests within five days of receipt.

h. The commissioner may remove any arbitrator from an arbitration case or an arbitration panel if an arbitrator does not adhere to the timelines set forth herein without approval from the commissioner. If the commissioner removes an arbitrator from an arbitration case, the commissioner shall refer the case to a new arbitrator within five days. The newly-assigned arbitrator shall convene a new hearing and then render a written decision within 45 days of being referred the case.

##### **§ 18A:6-17.2** Considerations for arbitrator in rendering decision. {#sec-18a-6-17.2 omnilex-key=us-nj-statutes--title-18a--18A:6-17.2}

23. a. In the event that the matter before the arbitrator pursuant to section 22 of this act is employee inefficiency pursuant to section 25 of this act, in rendering a decision the arbitrator shall only consider whether or not:

(1) the employee's evaluation failed to adhere substantially to the evaluation process, including, but not limited to providing a corrective action plan;

(2) there is a mistake of fact in the evaluation;

(3) the charges would not have been brought but for considerations of political affiliation, nepotism, union activity, discrimination as prohibited by State or federal law, or other conduct prohibited by State or federal law; or

(4) the district's actions were arbitrary and capricious.

b. In the event that the employee is able to demonstrate that any of the provisions of paragraphs (1) through (4) of subsection a. of this section are applicable, the arbitrator shall then determine if that fact materially affected the outcome of the evaluation. If the arbitrator determines that it did not materially affect the outcome of the evaluation, the arbitrator shall render a decision in favor of the board and the employee shall be dismissed.

c. The evaluator's determination as to the quality of an employee's classroom performance shall not be subject to an arbitrator's review.

d. The board of education shall have the ultimate burden of demonstrating to the arbitrator that the statutory criteria for tenure charges have been met.

e. The hearing shall be held before the arbitrator within 45 days of the assignment of the arbitrator to the case. The arbitrator shall render a written decision within 45 days of the start of the hearing.

##### **§ 18A:6-17.3** Evaluation process, determination of charges. {#sec-18a-6-17.3 omnilex-key=us-nj-statutes--title-18a--18A:6-17.3}

25. a. Notwithstanding the provisions of N.J.S.18A:6-11 or any other section of law to the contrary, in the case of a teacher, principal, assistant principal, and vice-principal:

(1) the superintendent shall promptly file with the secretary of the board of education a charge of inefficiency whenever the employee is rated ineffective or partially effective in an annual summative evaluation and the following year is rated ineffective in the annual summative evaluation;

(2) if the employee is rated partially effective in two consecutive annual summative evaluations or is rated ineffective in an annual summative evaluation and the following year is rated partially effective in the annual summative evaluation, the superintendent shall promptly file with the secretary of the board of education a charge of inefficiency, except that the superintendent upon a written finding of exceptional circumstances may defer the filing of tenure charges until after the next annual summative evaluation. If the employee is not rated effective or highly effective on this annual summative evaluation, the superintendent shall promptly file a charge of inefficiency.

b. Within 30 days of the filing, the board of education shall forward a written charge to the commissioner, unless the board determines that the evaluation process has not been followed.

c. Notwithstanding the provisions of N.J.S.18A:6-16 or any other section of law to the contrary, upon receipt of a charge pursuant to subsection a. of this section, the commissioner shall examine the charge. The individual against whom the charges are filed shall have 10 days to submit a written response to the charges to the commissioner. The commissioner shall, within five days immediately following the period provided for a written response to the charges, refer the case to an arbitrator and appoint an arbitrator to hear the case, unless he determines that the evaluation process has not been followed.

d. The only evaluations which may be used for purposes of this section are those evaluations conducted in accordance with a rubric adopted by the board and approved by the commissioner pursuant to P.L.2012, c.26 (C.18A:6-117 et al.).

##### **§ 18A:6-17.4** Commissioner's authority. {#sec-18a-6-17.4 omnilex-key=us-nj-statutes--title-18a--18A:6-17.4}

26. The commissioner shall have the authority to extend the timelines in the tenure charge process upon a showing of exceptional circumstances.

##### **§ 18A:6-17.5** Determination of certain tenure charge. {#sec-18a-6-17.5 omnilex-key=us-nj-statutes--title-18a--18A:6-17.5}

18. Any tenure charge transmitted to the Office of Administrative Law pursuant to N.J.S.18A:6-16 prior to the effective date of P.L.2012, c.26 (C.18A:6-117 et al.) shall be determined in accordance with the provisions of subarticle B of Article 2 of chapter 6 of Title 18A of the New Jersey Statutes, N.J.S.18A:6-10 et seq., as the same read prior to the effective date of P.L.2012, c.26 (C.18A:6-117 et al.).

##### **§ 18A:6-18** Dismissal, reduction and compensation of persons under tenure in schools and institutions of higher education {#sec-18a-6-18 omnilex-key=us-nj-statutes--title-18a--18A:6-18}

No professor, associate professor, assistant professor, instructor, supervisor, registrar, teacher or other persons employed in a teaching capacity, in any State college, county college or industrial school who is under tenure during good behavior and efficiency shall be dismissed or subject to reduction of salary, except for inefficiency, incapacity, conduct unbecoming a teacher or other just cause. Written charge of the cause or causes preferred against an individual shall be signed by the person or persons making the same and filed with the board of trustees of said college or school. Upon determination that the matter is a contested case, the board shall assign the matter for hearing and initial decision to the Office of Administrative Law. A final decision shall be rendered by the full board of trustees. The person charged may be represented by counsel at all times and have compulsory process to compel the attendance of witnesses to testify therein, as provided by law. Contested case hearings shall be conducted under rules and regulations established pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and P.L.1978, c.67 (C.52:14F-1 et seq.).

##### **§ 18A:6-18.1** Charge against suspended person not determined within 180 days; payment of salary {#sec-18a-6-18.1 omnilex-key=us-nj-statutes--title-18a--18A:6-18.1}

If any tenured professor, associate professor, assistant professor, instructor, supervisor, registrar, teacher or other person employed in a teaching capacity or any other tenured officer or employee in any State college, county college or industrial school or any other officer of employee of the college or school who is subject to dismissal only in the manner prescribed by subarticle B of article 2 of chapter 6 of Title 18A of the New Jersey Statutes, is suspended pending the determination of any charge against him, other than for an indictment under the laws of the United States or the State of New Jersey, and should the determination of the charge not be made within 180 days after it is filed with the board of trustees of said college or school, excluding all delays which are granted at the request of such person, the full salary (except for said 180 days) of such person shall be paid beginning on the 181st day until a determination by the board of trustees is made. If the charge is dismissed, the person shall be reinstated immediately with full pay from the first day of the suspension. If the charge is dismissed and the suspension is continued during an appeal therefrom, then the person's full pay or salary shall continue until the determination of the appeal. However, the board of trustees shall deduct from the full pay or salary any sums received by way of pay or salary from any substituted employment assumed during the period of suspension. If the charge is sustained on the original hearing or an appeal therefrom, and the determination is appealed, then the salary suspension may be continued, reinstituted or instituted unless and until the determination is reversed, in which event the suspended person shall be reinstated immediately with full pay as of the time of suspension. If the charges are sustained, the employer may recover any salary which was paid to the employee during the period of suspension.

##### **§ 18A:6-19** Administering of oaths {#sec-18a-6-19 omnilex-key=us-nj-statutes--title-18a--18A:6-19}

Any member of any board of education, governing board or of any other board or any person, lawfully authorized to hold a hearing, may administer oaths to witnesses in such hearing, in any dispute or controversy under the school laws or the rules of the commissioner or of the State board, of which they or he have jurisdiction.

Any person who has been so sworn and who shall testify falsely at such hearing shall be guilty of a misdemeanor.

##### **§ 18A:6-20** Right to testify; counsel; witnesses; compulsory process {#sec-18a-6-20 omnilex-key=us-nj-statutes--title-18a--18A:6-20}

Any party to any dispute or controversy or charged therein, may be represented by counsel at any hearing held in or concerning the same and shall have the right to testify, and produce witnesses to testify on his behalf and to cross-examine witnesses produced against him, and to have compulsory process by subpoena to compel the attendance of witnesses to testify and to produce books and documents in such hearing when issued by (a) the president of the board of education, if the hearing is to be held before such board, or (b) the commissioner, if the hearing is to be held before him or on his behalf, or (c) the president and secretary of the State board, if the hearing is to be held before such board or before one of its committees, or (d) the chairman of the board of trustees of the State or county college or industrial school, if the hearing is to be held before such board.

The subpoena shall be served in the same manner as subpoenas issued out of the Superior Court are served.

##### **§ 18A:6-21** Proceedings against recalcitrant witnesses {#sec-18a-6-21 omnilex-key=us-nj-statutes--title-18a--18A:6-21}

If a person subpoenaed to attend at any such hearing fails to obey the command of the subpoena, without reasonable cause, or if a person in attendance at any such hearing refuses without lawful cause to be examined or to answer a legal or pertinent question, or to exhibit any book, or other document, when ordered to do so by the officer holding such hearing, they or he may apply to any judge of the Superior Court, upon proof by affidavit of the facts, for an order returnable in such time as such judge shall fix, directing such person to show cause before such judge why he should not comply with such subpoena.

##### **§ 18A:6-22** Order to testify, etc. {#sec-18a-6-22 omnilex-key=us-nj-statutes--title-18a--18A:6-22}

Upon return of the order, the judge shall examine the person under oath and if he shall determine, after giving such person an opportunity to be heard, that he refused without legal cause to comply with such subpoena, he may order such person to comply therewith forthwith, and any failure to obey such order may be punished as a contempt of the court.

##### **§ 18A:6-23** Witness fees and privileges {#sec-18a-6-23 omnilex-key=us-nj-statutes--title-18a--18A:6-23}

Every witness shall be entitled to be paid for attendance, or attendance and travel, at any hearing, by the party on whose behalf he is subpoenaed, at the rates prescribed by law for attendance in the courts of this state in a civil action, before being required to testify and shall be entitled to all the privileges of a witness so subpoenaed.

##### **§ 18A:6-24** Hearings before commissioner; presentation of facts {#sec-18a-6-24 omnilex-key=us-nj-statutes--title-18a--18A:6-24}

Testimony as to the facts involved in any controversy or dispute in which the commissioner has jurisdiction shall, if so required by the commissioner, be presented by the parties in the form of written statements verified by oath and accompanied by certified copies of all official documents, and the original or verified copies of all other documents, necessary to a full understanding of the questions involved.

##### **§ 18A:6-25** Decisions in controversies and disputes {#sec-18a-6-25 omnilex-key=us-nj-statutes--title-18a--18A:6-25}

The determination of any controversy or dispute shall be made within 60 days after the close of the hearing and shall be in the form of a written decision which shall contain findings of facts upon which the determination is based, which shall be filed in the office of the commissioner and a copy of the decision shall be served upon the parties to the dispute, pursuant to rules made by the state board, and any such decision shall be binding unless and until reversed upon appeal.

##### **§ 18A:6-30** Compensation for persons illegally dismissed or suspended {#sec-18a-6-30 omnilex-key=us-nj-statutes--title-18a--18A:6-30}

Any person holding office, position or employment in the public school system of the state, who shall be illegally dismissed or suspended therefrom, shall be entitled to compensation for the period covered by the illegal dismissal or suspension, if such dismissal or suspension shall be finally determined to have been without good cause, upon making written application therefor with the board or body by whom he was employed, within 30 days after such determination.

##### **§ 18A:6-30.1** Teacher wrongfully dismissed; payment for services {#sec-18a-6-30.1 omnilex-key=us-nj-statutes--title-18a--18A:6-30.1}

When the dismissal of any teaching staff member before the expiration of his contract with the board of education shall be decided, upon appeal, to have been without good cause, he shall be entitled to compensation for the full term of the contract, but it shall be optional with the board whether or not he shall continue to perform his duties for the unexpired term of the contract.

##### **§ 18A:6-31** Tenure and civil service rights saved {#sec-18a-6-31 omnilex-key=us-nj-statutes--title-18a--18A:6-31}

Nothing contained in this title shall be construed to affect the tenure or civil service rights of any person presently existing, or hereafter obtained, under this or any other law.

##### **§ 18A:6-31.1** Tenure to continue {#sec-18a-6-31.1 omnilex-key=us-nj-statutes--title-18a--18A:6-31.1}

Whenever any district is divided into two or more districts those persons having tenure, in office, position or employment in such district, shall continue to have tenure in the district which comprises the territory in which they were serving at the time of the division; the persons having tenure in office, position or employment in such district whose services were not exclusively confined to the territory comprising any one of the districts as so divided, at the time of the division, shall be employed, if their services are so required, in the district having the highest number of pupils in average daily attendance during the second academic year preceding the academic year in which the new district is created as certified by the department and those persons having tenure in office, position or employment in the original district who are not employed by the board of education of either district shall retain the seniority and tenure rights acquired in the original district and shall be employed in accordance therewith as vacancies occur in either the original district or the new district before any other persons are so employed in similar offices, positions or employments.

##### **§ 18A:6-31.2** Tenure, seniority and pension rights continued {#sec-18a-6-31.2 omnilex-key=us-nj-statutes--title-18a--18A:6-31.2}

The tenure, seniority and pension rights of all persons, who had office, position or employment in the original district at the time of said division and who are employed in either district after such division shall continue with the same force and effect as though such division had not occurred and any future continuation of service in either district shall be deemed to be a continuation of the service rendered prior to said division and any period of service rendered in the original district shall be credited toward the acquisition of tenure, seniority and pension rights in the original or new district, as the case may be.

##### **§ 18A:6-31.3** "New school district" defined {#sec-18a-6-31.3 omnilex-key=us-nj-statutes--title-18a--18A:6-31.3}

1. As used in this act, "new school district" means a local school district, regional school district, a county vocational school district, a jointure commission, a county special services school district, or an educational services commission. A new school district shall not include a State-operated school district established by the State Board of Education pursuant to P.L.1987, c.399 (C.18A:7A-34 et seq.).

In the event that the school district of a municipality or districts in a group of municipalities are abolished and a subsequent district formed, the district subsequently formed shall constitute a new school district under this act and the previously existing school district or districts shall be considered the affected or constituent districts under this act.

##### **§ 18A:6-31.4** Terms, conditions of employment {#sec-18a-6-31.4 omnilex-key=us-nj-statutes--title-18a--18A:6-31.4}

2. Whenever a new school district is created, the terms and conditions of employment, whether established through a collective bargaining agreement or past practice, of the largest constituent school district which is affected, replaced or displaced by, or forms part of the new school district, shall apply until a successor agreement is negotiated with the majority representative of the new school district. As used in this section, the term largest constituent school district means that school district which employs the largest number of teaching staff members.

In the event that there is an employee bargaining unit in a constituent school district with the next largest number of employees and with a majority representative of the unit, which is not so represented in the largest school district, the terms and conditions of employment for all employees holding positions in that unit in the new school district shall apply provided that the terms and conditions of employment shall only apply to the new school district's employees in that bargaining unit.

##### **§ 18A:6-31.5** Tenure, seniority rights {#sec-18a-6-31.5 omnilex-key=us-nj-statutes--title-18a--18A:6-31.5}

3. Whenever a new school district is created, the tenure and seniority rights of all employees from the affected, constituent, replaced or displaced districts which form or are a part of, or are affected, replaced or displaced by the new school district, except for employees who are superintendents, shall be recognized and preserved by the new school district and all periods of employment in any of the school districts shall count toward acquisition of tenure and seniority in the new school district. All statutory and contractual rights to tenure, seniority, accumulated sick leave, leave of absence, and pension of an employee, other than an employee who is a superintendent, which have been acquired through employment in any of the districts shall be recognized by the new school district.

##### **§ 18A:6-31.6** Filling vacancies, available positions {#sec-18a-6-31.6 omnilex-key=us-nj-statutes--title-18a--18A:6-31.6}

4. Following consideration of the tenure and seniority rights of employees provided pursuant to section 3 of this act or pursuant to any other section of law, a new school district shall fill all vacancies and available positions from a pool of qualified employees prior to interviewing applicants or hiring new employees. The pool of qualified employees shall consist of all employees of the constituent, affected, displaced or replaced school districts who would otherwise be entitled to continued employment in that district in the following school year but are not entitled to continued employment in the new school district because of tenure or seniority status. During the school year in which the new district is established, a new school district shall not hire an employee for a particular position until all employees in the labor pool qualified to fill the position have been offered employment by the new school district.

##### **§ 18A:6-31.7** Employee rights, benefits preserved {#sec-18a-6-31.7 omnilex-key=us-nj-statutes--title-18a--18A:6-31.7}

5. Nothing in this act shall be construed to limit, restrict, or reduce the rights or benefits of any employee provided under any other section of law or regulation.

##### **§ 18A:6-32** Pension and tenure rights in American Red Cross service saved {#sec-18a-6-32 omnilex-key=us-nj-statutes--title-18a--18A:6-32}

L.1943, c. 187, p. 519, entitled "An act concerning persons holding certain offices, positions or employments under the government of any public school district or county vocational school system of this state or in any public educational institution under the control of the commissioner of education or the state board of education who, after July 1, 1940, have entered or hereafter, in time of war or emergency, shall enter the full-time service of the American Red Cross, and to provide for and protect their rights to employment and tenure in such offices, positions and employments and the rights, privileges and benefits of certain of them in any pension, retirement or annuity fund of which they were or are members in good standing at the time of entering such service," filed April 13, 1943, is saved from repeal. [This act saves pension and tenure rights to certain persons entering full-time service of the American Red Cross in time of war or an emergency.]

##### **§ 18A:6-33** Tenure, pension and other employment rights in military and naval service saved {#sec-18a-6-33 omnilex-key=us-nj-statutes--title-18a--18A:6-33}

L.1944, c. 226, p. 765, entitled, "An act concerning persons holding certain offices, positions and employments in the public school system of this state who, after July 1, 1940, have entered or hereafter shall enter the active military or naval service of the United States or of this state, in time of war or emergency, or for or during any period of training or pursuant to or in connection with the operation of any system of selective service or who, after July 1, 1940, have entered or hereafter, in time of war or emergency, shall enter the active service of the women's army corps, the women's reserve of the naval reserve or any similar organization authorized by the United States to serve with the army or navy, and to provide for and protect their rights to employment, reemployment and tenure in such offices, positions and employments and the rights, privileges and benefits of certain of them in any pension, retirement or annuity fund of which they were or are members in good standing at the time of entering such service, and repealing "An act concerning the holders of offices, positions and employments, in the public schools of this state, concerning reemployment, acquisition of tenure and protecting pension rights when the holders of such offices, positions or employments enter the military or naval services of the United States, and supplementing Title 18 of the Revised Statutes,' approved May 19, 1941 (P.L.1941, c. 134), as said title was amended by chapter 119 of the Laws of 1942 (P.L.1942, c. 119)," approved April 21, 1944 (P.L.1944, c. 226), as said title was amended by chapter 91 of the Laws of 1951, and L.1951, c. 91, is saved from repeal. [This act provides for leave of absence to join military or naval service of the United States after July 1, 1940 and saves their tenure, pension and other employment rights.]

##### **§ 18A:6-33.1** Grant program; innovative educational ideas and techniques {#sec-18a-6-33.1 omnilex-key=us-nj-statutes--title-18a--18A:6-33.1}

That the Commissioner of Education and the State Board of Education shall have the authority and responsibility under the provisions of this act to establish a grant program which would make funds available to preschool, elementary and secondary teachers interested in designing and implementing innovative educational ideas and techniques.

##### **§ 18A:6-33.2** Aim and purpose of act {#sec-18a-6-33.2 omnilex-key=us-nj-statutes--title-18a--18A:6-33.2}

The aim and purpose of this act is to give State encouragement, support and incentive to creative and innovative classroom teachers in order to better meet the educational needs of the students in this State. The aim of this act is also to attract and hold high-quality and qualified teaching personnel to the profession in New Jersey by demonstrating the State's recognition of the importance of rewarding individual initiative and creativity.

##### **§ 18A:6-33.3** Certification of proposals for grant funds {#sec-18a-6-33.3 omnilex-key=us-nj-statutes--title-18a--18A:6-33.3}

It is recommended that local boards of education certify proposals for grant funds emanating from teachers within their educational jurisdiction.

##### **§ 18A:6-33.4** Advisory committee; review of grant applications; recommendations {#sec-18a-6-33.4 omnilex-key=us-nj-statutes--title-18a--18A:6-33.4}

An advisory committee consisting of teachers, administrators, professional educators, and State Department of Education personnel shall be established to review grant applications and make recommendations to the Commissioner of Education and the State Board of Education.

##### **§ 18A:6-33.5** Rules and regulations {#sec-18a-6-33.5 omnilex-key=us-nj-statutes--title-18a--18A:6-33.5}

The Commissioner of Education shall, with the approval of the State Board of Education, promulgate rules and regulations, establish procedures, and take all other steps necessary to insure the effective implementation of the provisions of this act.

##### **§ 18A:6-33.6** Maximum amount of individual grants {#sec-18a-6-33.6 omnilex-key=us-nj-statutes--title-18a--18A:6-33.6}

No individual grant under the terms of this act shall exceed $1,000.00.

##### **§ 18A:6-33.7** Short title {#sec-18a-6-33.7 omnilex-key=us-nj-statutes--title-18a--18A:6-33.7}

This act shall be known and may be cited as the "Effective Schools Program Act."

##### **§ 18A:6-33.8** Findings, declarations {#sec-18a-6-33.8 omnilex-key=us-nj-statutes--title-18a--18A:6-33.8}

The Legislature finds and declares that:

a. It is the policy of the State of New Jersey to provide a thorough and efficient education to all students. Other factors notwithstanding, the quality of schools makes a difference in student achievement and all our schools can improve.

b. A growing body of research suggests means by which we can make our schools and classrooms more effective. While specific tactics may vary from school to school, the general strategy rests on collaborative planning and collegial efforts to affect the quantity and quality of academic work, expectations and standards established for students, the monitoring of academic progress and the recognition of superior achievement and performance by staff and students.

c. Efforts to improve the effectiveness of schools and classrooms require the commitment of the teachers, administrators, support staff, and school board members. The State can and should provide financial and technical support, but success depends on that commitment.

##### **§ 18A:6-33.9** Definitions {#sec-18a-6-33.9 omnilex-key=us-nj-statutes--title-18a--18A:6-33.9}

As used in this act:

a. "Commissioner" means the Commissioner of Education;

b. "Effective school plan" means the three-year plan designed to improve the performance of students in a schooL. Among the objectives which might be addressed in a typical plan are improvement of classroom and school environments, maximization and effective use of learning time, strengthening the sense of school community, increasing the rate of attendance, and the establishment of high expectations for student achievement;

c. "Effective schools research" means that professionally recognized body of educational research which seeks to identify explicitly the characteristics of schools and classrooms which positively affect student performance.

##### **§ 18A:6-33.10** Eligible proposals {#sec-18a-6-33.10 omnilex-key=us-nj-statutes--title-18a--18A:6-33.10}

The commissioner shall establish a grant program to encourage and facilitate the development and implementation of effective school plans by the administrative and teaching staffs of individual schools. The administrative and teaching staff of a school, with the approval of the board of education, may submit a proposal for funding under the program to the commissioner. Eligible proposals shall include each of the following to be approved:

a. An intention to use effective schools research in the development of an effective school plan;

b. A mechanism through which teachers and other educational personnel shall participate directly in the formulation, implementation and revision of the effective school plan;

c. Commitments by the board of education and the building principal to support the development and implementation of the effective school plan, as evidenced by the allocation of fiscal and other resources including a provision for inservice training as needed, a recognition that staff stability is necessary during the planning and implementation period, and a willingness to permit full participation by teachers and other educational personnel in the planning process;

d. Commitments by teachers and other educational personnel to support the development and implementation of the effective school plan, as evidenced by a willingness to participate in the planning process with or without additional remuneration.

##### **§ 18A:6-33.11** Community participation {#sec-18a-6-33.11 omnilex-key=us-nj-statutes--title-18a--18A:6-33.11}

An effective school plan developed pursuant to this act shall provide mechanisms to encourage participation of parents and community members in the educational process.

##### **§ 18A:6-33.12** Selection criteria {#sec-18a-6-33.12 omnilex-key=us-nj-statutes--title-18a--18A:6-33.12}

The commissioner shall select grant proposals from those submitted for funding for a period not to exceed three years. When selecting proposals for funding, the commissioner shall consider the quality of the proposal, the commitment of the board of education, building principal, teachers and other educational personnel, and the relative need of the school for the program.

##### **§ 18A:6-33.14** Rules, regulations {#sec-18a-6-33.14 omnilex-key=us-nj-statutes--title-18a--18A:6-33.14}

The commissioner shall promulgate 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 act.

##### **§ 18A:6-33.18** Grant program for training of school-based mental health professionals. {#sec-18a-6-33.18 omnilex-key=us-nj-statutes--title-18a--18A:6-33.18}

1. a. There is established in the Department of Education a grant program to assist school districts in the training of school-based mental health services providers, expand the pipeline of high-quality, trained providers, and address the shortages of mental health professionals in schools. As used in this section, "school-based mental health services provider" means a State-licensed or State-certified school counselor, school psychologist, school social worker, or other State-licensed or State-certified mental health professional qualified under State law to provide mental health services to children and adolescents.

b. Grants under the program shall be awarded on a competitive basis. School districts or groups of school districts that receive a grant under the program shall use the funds for efforts to create and grow programs and partnerships that train students who are attending graduate school to become school-based mental health services providers.

c. To be eligible for consideration of a grant award under the program, a school district or a group of school districts seeking to participate in the program together shall submit an application to the Commissioner of Education, in accordance with application procedures and requirements prescribed by the commissioner. A school district or a group of school districts applying for a grant award under the program shall, prior to submitting an application, form a partnership with one or more institutions of higher education that offer graduate programs in school-based mental health fields. The partnership shall allow a student enrolled in an institution of higher education's graduate program to perform applicable fieldwork, credit hours, internships, externships, or other related training as applicable for the academic program of the student.

A grant application submitted by a school district or a group of school districts shall include information regarding the following:

(1) the details of the partnership formed between the school district or group of school districts and an institution of higher education, including plans for supervising the graduate students in school settings and ensuring that the students are trained in providing mental health supports and services to students in the school district or districts;

(2) a description of how the lack of school-based mental health services providers is affecting students in the school district or districts;

(3) the school district or districts' unmet need for student mental health supports and services;

(4) the number of school-based mental health services providers currently employed by the school district or districts and their caseloads;

(5) the existing ratio of school-based mental health services providers to students enrolled in the district or districts;

(6) the schools and student populations that will benefit from the grant funding;

(7) the objectives for the number of graduate students the school district or school districts anticipate training under the grant program;

(8) plans to collaborate with federal, State, regional, and local entities to expand the pipeline of school-based mental health services providers and achieve partnership goals and objectives; and

(9) any other information as required by the commissioner.

d. (1) The commissioner shall establish selection criteria for the awarding of grants under the program, including consideration of the information listed in subsection c. of this section. Grants shall be awarded based upon review of the applications and subject to the availability of funds. The commissioner shall establish the amount for each grant that is approved.

(2) Priority for grants awarded under the program shall be given to school districts that demonstrate an unmet need for mental health services in the school community.

e. The Department of Education shall annually apply for and use any federal grant funds or other federal assistance which may be available to be used for the grant program established pursuant to this section including, but not limited to, funds under the federal Mental Health Service Professional Demonstration Grant Program, the federal "Coronavirus Aid, Relief, and Economic Security (CARES) Act," Pub.L.116-136, the federal "Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act, 2021," Pub.L.116-260, and the federal "American Rescue Plan (ARP) Act of 2021," Pub.L.117-2. The department may, if applicable, apply for federal grant funds or other federal assistance on behalf of one or more school districts approved for participation in the grant program established pursuant to this section. Any federal grant funds or other federal assistance awarded to the department shall first be used to provide grant awards to school districts, prior to using State funds under the grant program established pursuant to this section.

f. Within three years after receiving a grant award under the program, a school district or a group of school districts shall submit a report to the Commissioner of Education containing information on the use of the grant funds. The report shall include, at a minimum, information on the number of graduate students trained under the program, the number of graduate students who were hired as school-based mental health services providers using grant funds, increases or improvements in the provision of student mental health supports and services as a result of the grant, and any notable changes in school climate, attendance rates, student achievement, school discipline, or other measures since receiving the grant.

##### **§ 18A:6-33.19** Report to Governor, Legislature. {#sec-18a-6-33.19 omnilex-key=us-nj-statutes--title-18a--18A:6-33.19}

2. The Commissioner of Education shall submit a report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), no later than four years after the establishment of the grant program established pursuant to section 1 of this act. The report shall include, but need not be limited to, information on the number of grant applicants, the number and amounts of the grant awards, information provided by school districts and groups of school districts in the reports submitted pursuant to subsection f. of section 1 of this act, and any recommendations concerning the continuation or expansion of the grant program.

##### **§ 18A:6-33.20** Student Wellness Grant Program established; support programs on mental wellness, social and emotional learning, and student resilience. {#sec-18a-6-33.20 omnilex-key=us-nj-statutes--title-18a--18A:6-33.20}

1. a. The Commissioner of Education, in full consultation with the Commissioner of Children and Families, shall establish the Student Wellness Grant Program. The purpose of the Student Wellness Grant Program shall be to provide grants that support school districts in implementing school-based programs and practices that promote mental wellness, social and emotional learning, and student resilience.

b. A grant awarded through the Student Wellness Grant Program shall be used to support school districts in:

(1) the provision of school-based mental health clinics or workshops for both students and families that engage the community on universal topics of student wellness and mental health;

(2) the implementation and coordination of policies, practices, and programs that support the mental, emotional, and social needs of students;

(3) the provision of mental health services on-site at the school to students in need of short-term counseling or crisis intervention focused on mental health or situational concerns, such as grief or family transitions, by a properly trained and licensed mental health professional; and

(4) the timely and appropriate referral of students in need of long-term therapeutic counseling or mental health intervention with available community resources.

##### **§ 18A:6-33.21** Grant program application; criteria; special consideration. {#sec-18a-6-33.21 omnilex-key=us-nj-statutes--title-18a--18A:6-33.21}

2. a. A school district which elects to participate in the grant program created pursuant to this act shall submit an application to the Commissioner of Education to be reviewed by a team of qualified professionals within the Department of Education and Department of Children and Families in such form as required by the commissioner. The application shall include, but need not be limited to:

(1) a description of current school district actions to support the socioemotional needs of students in a stigma-free environment and how a grant will support the expansion of those efforts;

(2) a commitment to provide staff training, including a clearly outlined plan on who will receive training, the resources needed for training, and how the training will be implemented. The training shall include content on how to recognize symptoms of mental health conditions in the student population, and a component on identifying at-risk students most likely to be in need of mental health supports; and

(3) the school district protocol for on-site and community referrals for targeted therapeutic interventions, such as short-term and long-term counseling.

b. The Commissioner of Education, in full consultation with the Commissioner of Children and Families, shall develop criteria for the evaluation of applications for grants. Based upon the criteria developed by the commissioners, and within the limit of available appropriations, the Commissioner of Education shall allocate to each selected school district a grant in such amount as determined by the commissioner. Special consideration shall be given to applicants that: can demonstrate strong ties to relevant community resources, such as mental health providers; or have secured external funding for their student wellness program from community partners.

##### **§ 18A:6-33.22** Students not compelled to participate. {#sec-18a-6-33.22 omnilex-key=us-nj-statutes--title-18a--18A:6-33.22}

3. No student shall be compelled to participate in any programs or services offered by a school district pursuant to a student wellness grant received under this act, if the student or the student's parent or guardian objects to participation.

##### **§ 18A:6-33.23** Development, dissemination of best practices. {#sec-18a-6-33.23 omnilex-key=us-nj-statutes--title-18a--18A:6-33.23}

4. The Commissioner of Education, in full consultation with the Commissioner of Children and Families, shall develop and disseminate to all school districts best practices in school-based programs that promote mental wellness, social and emotional learning, and student resilience.

##### **§ 18A:6-33.24** Grant recipients to submit results report to Commissioner of Education. {#sec-18a-6-33.24 omnilex-key=us-nj-statutes--title-18a--18A:6-33.24}

5. Each school district that receives a student wellness grant shall prepare and submit to the Commissioner of Education annually a report on its experience with and the effects of the program. The report shall include, at a minimum, the specific programs and practices implemented as a result of the grant to promote mental wellness, social and emotional learning, and student resilience, and any notable changes in school climate, attendance rates, student achievement, school discipline, or other measures since receiving the grant. The report shall include, to the greatest extent feasible, quantifiable measures of the program's impact.

##### **§ 18A:6-33.25** Commissioner of Education to report to Governor, Legislature on Student Wellness Grant Program implementation. {#sec-18a-6-33.25 omnilex-key=us-nj-statutes--title-18a--18A:6-33.25}

6. The Commissioner of Education, in full consultation with the Commissioner of Children and Families, shall submit annually a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature containing information on the implementation of the Student Wellness Grant Program. The report shall include relevant information from the reports submitted to the Commissioner of Education by the grant recipients pursuant to section 5 of this act.

##### **§ 18A:6-33.26** Available federal funds for grant program, including Coronavirus Aid, Relief, and Economic Security Act. {#sec-18a-6-33.26 omnilex-key=us-nj-statutes--title-18a--18A:6-33.26}

7. The Department of Education may use any federal funds which may become available, including funds provided under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Pub.L. 116-136, to effectuate the purposes of this act. Federal funds available to the department to effectuate the purposes of this act shall be used to provide grant awards to school districts in amounts deemed appropriate by the Commissioner of Education, prior to using State funds which may be appropriated by the Legislature for the grant program established pursuant to this act. If sufficient funding is unavailable, the grant program shall be paused and shall resume once funding becomes available by way of legislative appropriation or other means.

##### **§ 18A:6-34** Board of Examiners {#sec-18a-6-34 omnilex-key=us-nj-statutes--title-18a--18A:6-34}

There shall be a State Board of Examiners, consisting of the commissioner ex officio and one assistant commissioner of education, two presidents of State colleges, one county superintendent, one superintendent of schools of a Type I district, one superintendent of a Type II district, one high school principal, one elementary school principal, one school business administrator, one librarian employed by the State or by one of its political subdivisions and four teaching staff members other than a superintendent, principal, school business administrator or librarian, all of whom shall be appointed by the commissioner with the approval of the State board.

##### **§ 18A:6-35** Terms of members; vacancies {#sec-18a-6-35 omnilex-key=us-nj-statutes--title-18a--18A:6-35}

The appointed members of the board of examiners shall hold office for two years from September 15 of the year in which they are appointed and the members in office, on the effective date of this title, shall continue in office until the expiration of their respective terms. Vacancies in the board shall be filled for the unexpired term only.

##### **§ 18A:6-36** Chairman; organization {#sec-18a-6-36 omnilex-key=us-nj-statutes--title-18a--18A:6-36}

The commissioner or an assistant commissioner designated by him, shall be the chairman of the board of examiners and such board shall organize prior to October 1 of each year.

##### **§ 18A:6-37** Service without payment; reimbursement for expenses {#sec-18a-6-37 omnilex-key=us-nj-statutes--title-18a--18A:6-37}

All members of the board shall serve without compensation but all such members other than the commissioner and the assistant commissioner of education shall be reimbursed for necessary expenses for attendance at its meetings.

##### **§ 18A:6-38** Powers, duties of board, issuance of certificates, credentials, fees. {#sec-18a-6-38 omnilex-key=us-nj-statutes--title-18a--18A:6-38}

The board shall issue appropriate certificates to teach or to administer, direct or supervise the teaching, instruction or educational guidance of, or to render or administer, direct or supervise the rendering of nursing service to, pupils in public schools operated by boards of education and such other certificates as it shall be authorized to issue by law based upon certified scholastic records or upon examinations, or both, and such credentials as may be required to serve as a substitute teacher or a substitute school nurse, and may revoke the same under rules and regulations prescribed by the State board. A fee of not less than $20.00 shall be charged for the issuance of every certificate and credential as prescribed by such rules and regulations.

##### **§ 18A:6-38.1** Revocation of certificate on commissioner's recommendation; rules. {#sec-18a-6-38.1 omnilex-key=us-nj-statutes--title-18a--18A:6-38.1}

10. a. If the Commissioner of Education believes, based on information provided by the school district in which the certificate holder was employed, that the conduct of a superintendent, assistant superintendent or school business administrator warrants the revocation of the certificate held, the commissioner shall recommend such revocation to the Board of Examiners.

b. The Commissioner of Education shall adopt regulations in accordance with section 6 of P.L.2008, c.37 (C.18A:11-13) under which the Board of Examiners may revoke a certificate pursuant to this section.

##### **§ 18A:6-38.2** Certification review under certain conditions. {#sec-18a-6-38.2 omnilex-key=us-nj-statutes--title-18a--18A:6-38.2}

11. If any condition exists within a school district that would authorize the appointment of a State monitor pursuant to the provisions of section 2 of P.L.2006, c.15 (C.18A:7A-55), the State Board of Examiners shall review the certification of the superintendent and school business administrator of the district.

##### **§ 18A:6-38.3** Noncompliance with GAAP, review of certification of administrator. {#sec-18a-6-38.3 omnilex-key=us-nj-statutes--title-18a--18A:6-38.3}

12. In the event that any school district is not in compliance with the GAAP system of double entry bookkeeping as required pursuant to the provisions of P.L.1989, c.266 (N.J.S.18A:4-14 et al.) within one year of the effective date of P.L.2007, c.53 (C.18A:55-3 et al.), the Commissioner of Education shall recommend to the Board of Examiners that the board review the certification of the district's school business administrator.

##### **§ 18A:6-38.4** Appeal of determination of State Board of Examiners. {#sec-18a-6-38.4 omnilex-key=us-nj-statutes--title-18a--18A:6-38.4}

2. Notwithstanding the provisions of any law or regulation to the contrary, any appeal of a determination of the State Board of Examiners shall be to the Commissioner of Education whose determination shall be a final agency action under the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and appeal of that action shall be directly to the Appellate Division of the Superior Court.

##### **§ 18A:6-38.5** Failure to report child abuse; possible revocation, suspension of teaching certificate. {#sec-18a-6-38.5 omnilex-key=us-nj-statutes--title-18a--18A:6-38.5}

1. In the event that a board of education determines, pursuant to a tenure charge finding under N.J.S.18A:6-10 or a disorderly person conviction under section 7 of P.L.1971, c.437 (C.9:6-8.14), that a teaching staff member has failed to report an allegation of child abuse in accordance with State law or regulations, the board of education shall submit a report to the State Board of Examiners that outlines its finding. The State Board of Examiners shall review the certification of the teaching staff member to determine if the teaching staff member's failure to report warrants the revocation or suspension of his certificate.

##### **§ 18A:6-39** Issuance of certificates to noncitizens {#sec-18a-6-39 omnilex-key=us-nj-statutes--title-18a--18A:6-39}

The board may, with the approval of the commissioner, issue a teacher's certificate to any citizen of any other country, who has declared his intention of becoming a United States citizen and who is otherwise qualified but any such certificate shall be void, and shall be canceled by the board, if the holder thereof shall not become a United States citizen within five years of the date of its issuance, and it may be revoked within said period by the board, if the board is satisfied that the holder thereof has abandoned his efforts to become a United States citizen or has become disqualified for such citizenship but no teacher certified, pursuant to this section, shall acquire tenure unless and until United States citizenship shall have been granted to him.

##### **§ 18A:6-40** "Qualifying academic certificate" defined. {#sec-18a-6-40 omnilex-key=us-nj-statutes--title-18a--18A:6-40}

For the purposes of this article, the term "qualifying academic certificate" shall be deemed to be any certificate issued by the commissioner certifying that the person to whom the same is issued has had the preliminary academic education required by the rules of the supreme court or by any law of this State at the time the certificate is issued for admission to an examination for license to practice law, medicine, dentistry, podiatric medicine, pharmacy, or for license as a certified public accountant, and for any other profession or vocation for which a certificate of academic education, issued by the commissioner, is now or may hereafter be required by law or by the rules of the supreme court or certifying that the person to whom the same is issued has had the education required for high school graduation in this state, as the case may be.

##### **§ 18A:6-41** Application for certificate; fee; refund {#sec-18a-6-41 omnilex-key=us-nj-statutes--title-18a--18A:6-41}

Every person desiring a "qualifying academic certificate" shall make application therefor in the manner and form prescribed by the commissioner and shall, before the certificate is issued, pay to the commissioner the sum of $30.00. If the credentials and evidence submitted by an applicant are not sufficient to entitle him to such certificate, a refund of $20.00 shall be made to the applicant.

##### **§ 18A:6-42** Accounting; deposit of moneys {#sec-18a-6-42 omnilex-key=us-nj-statutes--title-18a--18A:6-42}

The commissioner shall keep a true and correct account of all moneys received by him under the provisions of this article, and between the first and fifth days of each month deposit with the state treasurer all such moneys received by him during the then preceding calendar month.

##### **§ 18A:6-43** Rules and regulations {#sec-18a-6-43 omnilex-key=us-nj-statutes--title-18a--18A:6-43}

The commissioner shall make and prescribe rules and regulations necessary to carry into effect the provisions of this article.

##### **§ 18A:6-44** Right of disabled veterans to certificate {#sec-18a-6-44 omnilex-key=us-nj-statutes--title-18a--18A:6-44}

When by law or by the rules and regulations of the state board of public accountants, the state board of architects, the board of bar examiners, the supreme court or the board of nurses, applicants are required to possess preliminary qualifications according to standards prescribed by any of such statutes, rules and regulations or by the commissioner, a citizen of this state who has served in the military or naval forces of the United States in a war, has been wounded or disabled in line of duty, and has completed any of the vocational institutional courses in a college or school authorized and prescribed by the federal government, shall, upon filing with the commissioner a certificate certifying that such citizen has completed any of such courses, obtain from the commissioner a certificate certifying that such person is qualified for the study of any of the professions named in this section. Such certificate of the commissioner shall be the equivalent of the preliminary certificates or the requisite academic counts prescribed by the statutes, rules and regulations or by the commissioner.

##### **§ 18A:6-44.1** Findings, declarations. {#sec-18a-6-44.1 omnilex-key=us-nj-statutes--title-18a--18A:6-44.1}

1. The Legislature finds and declares that school counselors are vital to the effort to ensure that school districts, charter schools, and renaissance school projects are able to adequately address student needs and to implement appropriate programming.

##### **§ 18A:6-44.2** "School counselor" defined. {#sec-18a-6-44.2 omnilex-key=us-nj-statutes--title-18a--18A:6-44.2}

2. As used in sections 3 and 4 of this act, “school counselor” means an individual who holds and works under the authority of a New Jersey standard educational services certificate with a school counselor endorsement.

##### **§ 18A:6-44.3** Role of school counselor. {#sec-18a-6-44.3 omnilex-key=us-nj-statutes--title-18a--18A:6-44.3}

3. a. It shall be the role of a school counselor to:

(1) recognize and respond to the need for mental health services that promote social and emotional wellness and development for all students; and

(2) design and deliver a comprehensive program for school counseling that promotes the achievement of students.

b. Each school counselor employed by a school district, charter school, or renaissance school project shall provide appropriate school counseling services that shall include, but not be limited to:

(1) addressing needs relating to the academic, career, social, and emotional development of all students;

(2) individual student academic planning and goal setting;

(3) school counseling classroom lessons based on student success standards;

(4) short-term counseling of students;

(5) referrals for long-term services and supports;

(6) collaboration with families, teachers, administrators, and community members that fosters student success;

(7) attending, when appropriate, individualized education program (IEP) meetings and other student-focused meetings; and

(8) data analysis to identify student issues, needs, and challenges.

##### **§ 18A:6-44.4** Professional development requirements for school counselors. {#sec-18a-6-44.4 omnilex-key=us-nj-statutes--title-18a--18A:6-44.4}

4. The State Board of Education shall establish professional development requirements for school counselors. The State board shall require, as part of the professional development requirements, that each school counselor complete professional development training in areas related to the duties of a school counselor including, but not limited to, the promotion of mental health awareness; suicide prevention; crisis-intervention; trauma-informed counseling practices; cultural competency and responsiveness; the New Jersey Tiered System of Supports, which includes the systematic delivery of interventions and supports to students demonstrating academic, behavioral, mental health, emotional, and other needs; delivery of social and emotional learning programming; and college and career readiness.

##### **§ 18A:6-45** New Jersey School Boards Association established {#sec-18a-6-45 omnilex-key=us-nj-statutes--title-18a--18A:6-45}

There is established a body corporate and politic, with corporate succession, to be known as the "New Jersey School Boards Association." All boards of education of the various school districts in this State shall be members of the association.

##### **§ 18A:6-46** Delegates to state association {#sec-18a-6-46 omnilex-key=us-nj-statutes--title-18a--18A:6-46}

Each of the district boards of education shall select annually one of its members as a delegate to the association.

##### **§ 18A:6-47** Powers and duties {#sec-18a-6-47 omnilex-key=us-nj-statutes--title-18a--18A:6-47}

The association may investigate such subjects relating to education in its various branches as it may think proper, and it shall encourage and aid all movements for the improvement of the educational affairs of this State.

##### **§ 18A:6-48** Officers {#sec-18a-6-48 omnilex-key=us-nj-statutes--title-18a--18A:6-48}

The association may select such officers as may be necessary for the transaction of its business.

##### **§ 18A:6-49** Perpetual succession; powers {#sec-18a-6-49 omnilex-key=us-nj-statutes--title-18a--18A:6-49}

It shall have perpetual succession and shall have the following powers:

a. To make, amend and repeal rules, regulations and bylaws for its own government and guidance not inconsistent with this title;

b. To adopt an official seal and alter the same at pleasure;

c. To maintain an office at such place or places within the state as it may designate;

d. To sue and be sued in its own name;

e. To borrow money, to issue bonds or notes therefor, and to secure the same by pledge or mortgage of its real and personal property;

f. To acquire, hold and dispose of real and personal property in the exercise of its powers and the performance of its duties under this article. All such property shall be exempt from taxation under chapter 4 of Title 54, Taxation, of the Revised Statutes.

##### **§ 18A:6-50** Expenses of delegates; dues. {#sec-18a-6-50 omnilex-key=us-nj-statutes--title-18a--18A:6-50}

For the purpose of defraying the necessary expenses of the association, the various district boards shall pay the necessary expenses incurred by its delegates, and shall appropriate annually such sums for dues as may be assessed by the association at any delegates meeting. The assessment of dues shall be made upon a graduated scale and shall be made only upon two-thirds vote of the delegates present at such delegates meeting, after notice of the taking of such vote shall have been given to each district board in writing at least 60 days before such delegates meeting. However, the dues assessed any board of education shall not be increased for any year by more than 33 1/3% of the dues assessed that board during the preceding year. Dues shall be payable by the board secretary or treasurer of school moneys of the school district, as appropriate, to the treasurer of the association.

##### **§ 18A:6-51** Definitions {#sec-18a-6-51 omnilex-key=us-nj-statutes--title-18a--18A:6-51}

Definitions:

(a) "Educational Services Commission" means an agency established or to be established in one or more counties for the purpose of carrying on programs of educational research and development and providing to public school districts such educational and administrative services as may be authorized pursuant to rules of the State Board of Education.

(b) "Commission" means educational services commission.

(c) "State board" means the State Board of Education.

(d) "Commissioner" means the Commissioner of Education.

(e) "Commission expenses" means those funds devoted to or required for the regular or ordinary operating expenses of the commission, including administrative, maintenance and salary expenses, and purchase or rental of real and personal property necessary for the operation of the commission, but excluding program or service expenses.

(f) (Deleted by amendment, P.L.1989, c.254.)

(g) "Member district" means a public school district which by local board resolution joins the original petition to the State Board of Education for approval to establish an educational services commission, or subsequently becomes a member district by local board resolution and upon approval of the Board of Directors of the commission.

(h) "School administrator" means the superintendent or chief school administrator.

(i) "Board of Directors" means those members elected by the representative assembly to act on commission business on behalf of the assembly.

(j) "Program or service expenses" means those funds devoted to or required for the provision of a program or service by the commission, including but not limited to the administrative, maintenance and salary expenses and the purchase or rental of real or personal property necessary for the provision of the program or service.

(k) "Representative assembly" means a governing body of the educational services commission composed of an elected representative from each member district.

##### **§ 18A:6-52** Establishment of commission; petition {#sec-18a-6-52 omnilex-key=us-nj-statutes--title-18a--18A:6-52}

Whenever five or more boards of education in any county or in any two or more counties and the commissioner after study and investigation shall deem it advisable to establish a county educational services commission, such boards of education may petition the State Board of Education for permission to establish such a commission. A report shall be attached to such petition setting forth the kind or kinds of educational and administrative services and programs which are deemed to be needed and proposed to be provided, an estimate of the cost of providing such services and programs, a method of financing the expenditures of such commission, including a detailed budget which projects anticipated costs and identifies anticipated sources of revenue until such can be financed under its first regularly adopted budget, and any other data or information deemed pertinent.

The State board, after studying the petition and report, shall determine whether there is a need for such a commission and whether its operation is feasible. If the State board finds that the need exists and further finds that the operation of a commission will be feasible, it shall approve the petition and so notify the petitioning boards of education and the county superintendent or county superintendents of the county or counties, as the case may be, in which such boards of education are located.

b. Commissions of less than five member districts established prior to the effective date of this amendatory act may continue to provide services and programs pursuant to this act.

##### **§ 18A:6-53** Approval of establishment; commissioners, first meeting {#sec-18a-6-53 omnilex-key=us-nj-statutes--title-18a--18A:6-53}

Whenever the boards of education and the county superintendent or superintendents, as the case may be, receive notification that the State board approves the establishment of a commission, the county superintendent, or the county superintendents by agreement if more than one county is included, shall instruct each board of education to elect one of its members or the superintendent or chief school administrator, to represent the district on the commission, and shall fix a date and place for the first meeting of the representative assembly.

##### **§ 18A:6-54** Representative assembly, organization; election of board of directors. {#sec-18a-6-54 omnilex-key=us-nj-statutes--title-18a--18A:6-54}

The first representative assembly shall organize upon the call of the county superintendent or county superintendents, as the case may be. Thereafter the representative assembly shall organize annually during the first week of June and meet at other times as necessary. The representative assembly shall elect, by a majority vote, from among its members a board of directors to serve until the next annual organization meeting. Upon election, the board of directors shall elect a president and vice president who shall also serve until the next organization meeting.

##### **§ 18A:6-55** Membership of board {#sec-18a-6-55 omnilex-key=us-nj-statutes--title-18a--18A:6-55}

The board of directors shall consist of 15 or more members of the representative assembly. The board of directors of a commission which has 15 or fewer member districts shall be comprised of all members of the representative assembly. Each member of the board of directors shall have one vote. Members shall serve without compensation but shall be entitled to reimbursement for all reasonable and necessary expenses.

##### **§ 18A:6-56** Election; terms {#sec-18a-6-56 omnilex-key=us-nj-statutes--title-18a--18A:6-56}

Members of the representative assembly shall be elected by their respective boards of education at the annual organization meeting. An individual so elected shall be a member of the district's board of education or the district's superintendent or chief school administrator. Should the representative cease to be a member or employee of the board of education which elected the representative, that position shall become vacant and a replacement shall be selected by that member district in a like manner to fill the vacancy for the remainder of the term for which the vacating member had been elected.

##### **§ 18A:6-57** Meetings; transaction of business {#sec-18a-6-57 omnilex-key=us-nj-statutes--title-18a--18A:6-57}

The board of directors shall meet for the transaction of business at least once every two months throughout the year. A written record of all action taken by the board of directors shall be forwarded to the members of the representative assembly after each meeting.

The board shall not enter into a contract until the same has been presented and passed upon at a regularly called meeting of the board. The board may pay a bill or a demand for money against it by action of the board or as provided in section 4 of P.L.1982, c.196 (C.18A:19-4.1).

The board may designate its president, its vice-president and one other member of the board as an executive committee to administer the affairs of the board of directors between regularly convened meetings of the board.

A quorum shall consist of a majority of the members of the board of directors.

##### **§ 18A:6-58** Secretary; compensation; term; bond {#sec-18a-6-58 omnilex-key=us-nj-statutes--title-18a--18A:6-58}

The board shall appoint a suitable person to be its secretary and shall fix his compensation and term of employment. The secretary shall before entering upon the duties of his office execute and deliver to the board a bond in a sum to be fixed by it, with surety to be approved by the board, conditioned for the faithful performance of the duties of his office. The board may accept the bond of a company authorized to execute surety bonds, and may pay the annual premium or fee for the bond as a commission expense.

##### **§ 18A:6-59** Powers and duties {#sec-18a-6-59 omnilex-key=us-nj-statutes--title-18a--18A:6-59}

The powers and duties of the secretary of the board of directors shall be prescribed by the board, including but not limited to the following:

(a) Record in a suitable book all proceedings of the board.

(b) Pay out on warrants signed by the president and another member of the board.

(c) Report to the board at each regular meeting:

(1) The amount of the total appropriations and the cash receipts for each account;

(2) The amount for which warrants have been drawn and the amount of orders for all contractual obligations since the date of his last report;

(3) The accounts against which the warrants have been drawn and the accounts against which the contractual obligations are chargeable; and

(4) The cash balance and free balance to the credit of each account;

(d) Notify all members of the board of all regular meetings of the board.

(e) Notify all members of the board of special meetings of the board when ordered by the president to do so, or when requested to do so by a petition in writing signed by at least 1/3 of the members of the board.

(f) During the month of November in each year, report to the board a detailed audit report of its financial transactions during the preceding fiscal year, and file a copy thereof with the county superintendent of schools, or county superintendents, as the case may be, of the county or counties in which the commission is located. The report shall itemize all expenses, indicating which are commission expenses and which are expenses of each program or service offered. Where appropriate, the report shall indicate which commission expenses can be reasonably charged to specific programs or services. The report shall also indicate the amount and disposition of revenues derived from membership charges, if any, and from each program or service.

(g) Notify all members of the representative assembly of meetings of the board of directors and record all transactions.

##### **§ 18A:6-60** Superintendent or chief school administrator {#sec-18a-6-60 omnilex-key=us-nj-statutes--title-18a--18A:6-60}

The board of directors shall appoint a suitable person to be the superintendent or chief school administrator of the commission. Such person shall possess a certificate appropriate to the position of superintendent or chief school administrator as prescribed under rules of the State Board of Examiners. The superintendent or chief school administrator shall have a seat on the board of directors, but no vote. He shall have the same powers as are conferred upon superintendents of schools by Title 18A of the New Jersey Statutes.

##### **§ 18A:6-61** Body corporate {#sec-18a-6-61 omnilex-key=us-nj-statutes--title-18a--18A:6-61}

The board of directors shall be a body corporate, and shall be known as "the board of directors of ..................... " (here shall be inserted a suitable name to be adopted by the board of directors with the approval of the State Board of Education, but such name shall contain at least the words "Educational Services Commission)".

The board of directors may purchase, lease-purchase or lease personal or real property in accordance with rules and regulations to be adopted by the State board of education.

##### **§ 18A:6-62** Annual budget; preparation, adoption, funding {#sec-18a-6-62 omnilex-key=us-nj-statutes--title-18a--18A:6-62}

12. The representative assembly shall annually, on or before March 8, adopt a budget for the ensuing fiscal year, which shall contain the estimated cost of providing each service or program, and submit such budget within three days of adoption to the county superintendent for approval.

By January 15 prior to the adoption of the budget the board shall notify each member board of education of the fees to be charged for each service and program for the ensuing school year and of the method by which the commission expenses shall be funded.

The commission expenses may be paid from one or more of the following sources:

a. unappropriated balances from the prebudget year;

b. anticipated surpluses to be generated by fees for programs or services;

c. payments by member districts;

d. anticipated miscellaneous revenues.

If payments shall be made by member districts to pay for all or part of the commission expenses, each member district's share shall be determined as the proportion which the total public school enrollment in the school district on the last school day prior to October 16 of the year in which the budget is made bears to the total public school enrollment for all member districts on the last school day prior to October 16 or in any other manner agreed to by two-thirds of the members of the representative assembly. Payment of the member district's share of the commission expense, when so determined, shall be an obligation of a member school district, and payments shall be made during the school year for which such budget shall have been made in a manner determined by the representative assembly.

##### **§ 18A:6-63** Services; contracts {#sec-18a-6-63 omnilex-key=us-nj-statutes--title-18a--18A:6-63}

a. The representative assembly shall from time to time determine what services and programs shall be provided by the commission, subject to approval of and pursuant to rules of the State Board of Education. It shall determine the fee to be charged for providing each service and program, and enter into contracts with school districts, whether member districts of the commission or not, to provide any or all such services and programs. The commission may enter into contracts to provide these services and programs to nonpublic schools. Such contracts for member districts may be for terms not exceeding 10 years, and a member school district, having so contracted, may not withdraw from membership in the commission during the term of such a contract.

b. Commissions may enter into contracts with other public and private agencies for the provision of approved services and programs to participating public school districts and nonpublic schools. These contractual arrangements shall conform to rules and regulations of the State Board of Education and be approved by the county superintendent or superintendents, as the case may be.

##### **§ 18A:6-64** Withdrawal of membership {#sec-18a-6-64 omnilex-key=us-nj-statutes--title-18a--18A:6-64}

Except as provided in section 13 of this act, a school district which is a member of a commission may withdraw from membership by adopting a resolution setting forth its intention to withdraw and the reason or reasons for the withdrawal, and filing with the county superintendent or superintendents, as the case may be, and secretary of the board of directors a certified copy of such resolution. The withdrawal shall be effective at the conclusion of the third full school year after the filing of such resolution with the secretary of the board of directors.

##### **§ 18A:6-65** Employment of personnel {#sec-18a-6-65 omnilex-key=us-nj-statutes--title-18a--18A:6-65}

The board may employ teachers, principals and other employees, subject to the provisions of Title 18A for the employment of personnel for public school districts, and subject to the rules of the State Board of Examiners for the employment of persons whose office, position or employment requires them to hold an appropriate certificate issued by the State Board of Examiners.

##### **§ 18A:6-66** Rights and benefits of personnel {#sec-18a-6-66 omnilex-key=us-nj-statutes--title-18a--18A:6-66}

Persons holding office, position or employment under a board of directors of a commission shall enjoy the same rights and benefits as are enjoyed by persons holding office, position, or employment under a public school district board of education.

##### **§ 18A:6-67** Funds and grants; contracting for, receiving and administration {#sec-18a-6-67 omnilex-key=us-nj-statutes--title-18a--18A:6-67}

The board of directors may enter into a contract with and receive and administer funds and grants from any individual or agency, including but not limited to, agencies of the federal government of the United States, provided that the funds or grants are for programs or services for which the commission has received approval from the State board pursuant to sections 2 and 19 of P.L.1968, c.243 (C.18A:6-52 and 18A:6-69).

##### **§ 18A:6-68** Bookkeeping and accounting system {#sec-18a-6-68 omnilex-key=us-nj-statutes--title-18a--18A:6-68}

The board of directors shall adopt and employ such a system of bookkeeping and accounting as may be prescribed by the State Board of Education. The board of directors shall comply with the requirements for audit prescribed in chapter 23 of Title 18A for public school districts.

##### **§ 18A:6-69** Enlargement, alteration of purposes {#sec-18a-6-69 omnilex-key=us-nj-statutes--title-18a--18A:6-69}

The representative assembly may enlarge or alter the purposes for which the formation of the commission was approved, upon application to and approval by the State Board of Education.

##### **§ 18A:6-70** Application for admission; representative {#sec-18a-6-70 omnilex-key=us-nj-statutes--title-18a--18A:6-70}

A board of education not a member of a commission at the time such commission was established shall be admitted to such commission upon application to the representative assembly not less than three months prior to the annual organization meeting of the representative assembly.

##### **§ 18A:6-71** Establishment and operation of centers {#sec-18a-6-71 omnilex-key=us-nj-statutes--title-18a--18A:6-71}

That the Commissioner of Education and the State Board of Education shall have the authority and responsibility under this act to plan for, establish, and operate a State-wide system of educational centers for research and demonstration. These centers, in voluntary co-operation with local school districts, shall concentrate upon the development, testing, and installation of ideas and procedures to solve major educational problems facing the State; including but not limited to reading levels of low-income children, early childhood development, the gifted student and the effective utilization of new materials and equipment, educational technology, and patterns of school organization.

##### **§ 18A:6-72** Projects {#sec-18a-6-72 omnilex-key=us-nj-statutes--title-18a--18A:6-72}

The centers shall design projects within an experimental framework in order that unproven educational ideas, equipment, methods and approaches, and newly developed curriculum materials can be objectively tested and evaluated and their value to local school districts demonstrated. These educational centers shall be planned and developed (1) to demonstrate an exemplary result that has widespread use and adaptability to local educational agencies, and (2) to procure and use Federal and private resources in combination with State resources to attain State educational goals.

##### **§ 18A:6-73** Rules and regulations; implementation of provisions {#sec-18a-6-73 omnilex-key=us-nj-statutes--title-18a--18A:6-73}

The Commissioner of Education shall, with the approval of the State Board of Education, promulgate rules and regulations, establish procedures, employ personnel, and take all other necessary steps to insure the implementation of the provisions of this act.

##### **§ 18A:6-74** Cooperation with other agencies {#sec-18a-6-74 omnilex-key=us-nj-statutes--title-18a--18A:6-74}

Pursuant to the objectives of this act, the State Department of Education may seek the co-operation and involvement of other State agencies.

##### **§ 18A:6-75** Establishment and operation {#sec-18a-6-75 omnilex-key=us-nj-statutes--title-18a--18A:6-75}

The Commissioner of Education and the State Board of Education shall have the authority and responsibility under this act to plan, establish, and operate a Statewide performance evaluation project. This project, through voluntary cooperation among local school districts, teacher training institutions, professional educational organizations, and the State Department of Education, shall concentrate on developing criteria for professional teaching competence based on performance evaluation prior to the issuance of initial teaching certificates.

##### **§ 18A:6-76** Objectives {#sec-18a-6-76 omnilex-key=us-nj-statutes--title-18a--18A:6-76}

This project:

a. shall identify the skills, attitudes, and other such pertinent data as the participating groups deem essential for an individual to demonstrate before being issued an initial teaching certificate;

b. shall determine the method or methods of evaluation of the performance of each candidate for an initial teaching certificate;

c. shall recommend to the commissioner and to the State Board of Education the minimum standards which an individual must achieve in order to be issued an initial teaching certificate; and

d. shall procure and use Federal and private resources in combination with State resources to attain State educational goals.

##### **§ 18A:6-76.1** Provisional certificate program; implementation {#sec-18a-6-76.1 omnilex-key=us-nj-statutes--title-18a--18A:6-76.1}

2. a. By November 1, 1992, colleges shall notify all students enrolled in teacher education programs of the details and requirements of the provisional certificate and induction program.

b. By November 1, 1992, the Department of Education shall provide all public school districts with a standard plan to implement the induction program that districts may choose to submit, instead of developing individual plans.

c. By February 1, 1993, each district shall submit a board-approved plan to the Department of Education.

d. The Department of Education shall coordinate county or regional training programs for mentors beginning in the 1993-94 school year.

##### **§ 18A:6-77** Implementation {#sec-18a-6-77 omnilex-key=us-nj-statutes--title-18a--18A:6-77}

The Commissioner of Education shall, with the approval of the State Board of Education, promulgate rules and regulations, establish procedures, employ personnel, and take all other necessary steps to insure the implementation of the provisions of this act.

##### **§ 18A:6-78** Cooperation and involvement of other state agencies {#sec-18a-6-78 omnilex-key=us-nj-statutes--title-18a--18A:6-78}

Pursuant to the objectives of this act, the State Department of Education may seek the cooperation and involvement of other State agencies.

##### **§ 18A:6-79** Establishment and operation; projects; plan and development; implementation {#sec-18a-6-79 omnilex-key=us-nj-statutes--title-18a--18A:6-79}

The Commissioner of Education and the State Board of Education shall have the authority and responsibility to plan for, establish and operate demonstration model early child development centers. These centers, in voluntary cooperation with local school districts or other public agencies, shall concentrate on the cognitive and affective development of children aged 3 to 6; including but not limited to health, dental hygiene, mental health, language and computation skills development, nutrition, socialization, and recreation.

The centers shall design projects within an experimental framework of early childhood education and day care support in order that unproven educational ideas, equipment, methods and approaches, newly developed curriculum materials and reliable educational techniques can be objectively tested and evaluated and their value to local school districts and other early childhood programs be demonstrated. The educational centers shall be planned and developed (1) to demonstrate an educational approach to day care that has widespread use and adaptability to local educational agencies, and (2) to procure and use Federal and private resources in combination with State resources to attain State educational goals.

The Commissioner of Education shall, with the approval of the State Board of Education, promulgate rules and regulations, establish procedures, employ personnel, and take all other necessary steps to insure the implementation of the provisions of this act.

##### **§ 18A:6-91.1** New Jersey Commission on Environmental Education {#sec-18a-6-91.1 omnilex-key=us-nj-statutes--title-18a--18A:6-91.1}

1. a. There is hereby created in but not of the Department of Environmental Protection the New Jersey Commission on Environmental Education. The commission shall consist of 23 public members, the commissioners, or their designees, of the Department of Education, the Department of Environmental Protection, and the Department of Health, the Attorney General or a designee with responsibility in the area of environmental law, the Executive Director of the Commission on Higher Education, and a designee of the Governor. The public members shall consist of two college professors in the fields of environmental education or environmental science; one private school teacher and two public school teachers, one of whom is selected by the New Jersey Education Association, including one teacher from kindergarten to third grade, one from fourth to sixth grade, and one from seventh to twelfth grade; one school administrator; one representative of the New Jersey Principals and Supervisors Association; one local school board representative selected by the New Jersey School Boards Association; one member of an interfaith religious organization; one representative from labor; one representative from industry; two representatives from environmental or public interest organizations; two representatives from cultural institutions such as museums and nature centers; two representatives from the field of environmental health; two non-academic science professionals; two representatives from the agricultural community; one student representative from a student environmental organization, such as Kids Against Pollution; and one representative from the South Jersey Environmental Information Center.

b. The public members shall be appointed by the Governor for terms of three years, except that the student representative shall be appointed for a term of one year, and in the first year the other public members shall be appointed to staggered terms as follows:

(1) Seven shall be appointed to terms of one year;

(2) Seven shall be appointed to terms of two years; and

(3) Seven shall be appointed to terms of three years.

c. The commission shall meet, at a minimum, four times a year.

d. The commission shall elect a chairperson and a vice-chairperson from among its membership. The term of office for each position shall be two years.

e. The commission may hire staff as necessary within the limits of funding as provided by section 5 of P.L.1995, c.409 (C.18A:6-91.5).

##### **§ 18A:6-91.2** Duties of commission {#sec-18a-6-91.2 omnilex-key=us-nj-statutes--title-18a--18A:6-91.2}

2. The commission shall:

a. Advise and oversee the implementation of the Plan of Action that was adopted by the Commission on Environmental Education created by Executive Order Number 205 of 1989 and reconvened as the New Jersey Commission on Environmental Education by Executive Order Number 111 of 1993;

b. Develop and maintain, with the assistance of the various agencies and departments, a bi-annual inventory of the environmental education resources that are available in all State agencies and departments;

c. Develop and maintain an Environmental Education Network of activities, resources and model programs throughout the State;

d. Organize a global forum on environmental education to be held every three to five years;

e. Organize and support an annual Environmental Education Week;

f. Support such other environmental education activities as the commission determines are appropriate;

g. Provide technical assistance to the Legislature for legislation related to environmental education; and

h. Submit an annual report on the status of environmental education to the Governor and the Legislature.

##### **§ 18A:6-91.3** Inter-agency Work Group, duties {#sec-18a-6-91.3 omnilex-key=us-nj-statutes--title-18a--18A:6-91.3}

3. The Inter-agency Work Group, created pursuant to section 4 of P.L.1995, c.409 (C.18A:6-91.4), may:

a. Publicize existing model environmental education programs;

b. Provide leadership and coordination in conducting teacher in-service programs throughout the State;

c. Solicit public and private partnerships at the local, State and national levels to provide teacher education programs; and

d. Provide the commission with information concerning the availability of environmental education to students in the State.

##### **§ 18A:6-91.4** Inter-agency Work Group created {#sec-18a-6-91.4 omnilex-key=us-nj-statutes--title-18a--18A:6-91.4}

4. There is created an Inter-agency Work Group, which shall consist of the commissioner or secretary, or his designee, of each of the principal departments. This work group shall meet periodically to coordinate the environmental education efforts of the various departments and agencies in the State.

##### **§ 18A:6-91.5** Environmental Education Fund created {#sec-18a-6-91.5 omnilex-key=us-nj-statutes--title-18a--18A:6-91.5}

5. The Environmental Education Fund is established as a nonlapsing revolving fund in the Department of Environmental Protection. The fund shall be administered by the commission, and shall be credited with all moneys appropriated by this act and with grant moneys or any other revenue obtained by the commission for the purpose of environmental education. Interest received on moneys in the fund shall be credited to the fund.

##### **§ 18A:6-95.1** Educational information and resource center; establishment; services provided {#sec-18a-6-95.1 omnilex-key=us-nj-statutes--title-18a--18A:6-95.1}

There is established a local education agency to serve as an educational information and resource center to provide, on request, support and assistance to teachers, administrators, parent and community groups, schools and colleges, the Department of Education, and other public agencies, through the delivery of materials, techniques and expertise to improve school and community programs and services. The services provided by the center shall include: a lending library of educational and instructional materials; preparation of media and materials for informational and instructional purposes; an educational information storage and retrieval system; special topic seminars and conferences; and consultant advice, information and expertise. The programs and services of the center shall not duplicate the programs of the Department of Education.

To the extent permitted by law, the educational information and resource center shall also provide support and service to nonprofit, nonpublic schools.

##### **§ 18A:6-95.2** Coordination with programs and services provided by department of education {#sec-18a-6-95.2 omnilex-key=us-nj-statutes--title-18a--18A:6-95.2}

The Commissioner of Education or his designee shall meet prior to January 10 of each year with the executive director of the educational information and resource center to mutually communicate those programs and services which the department provides and which the educational information and resource center will provide during the calendar year. The educational information and resource center shall cease to provide any programs and services at the time that these programs and services are provided by the Department of Education, so that there is no interruption in, or loss of services to, the population served.

##### **§ 18A:6-95.3** Funding {#sec-18a-6-95.3 omnilex-key=us-nj-statutes--title-18a--18A:6-95.3}

State funding of the educational information and resource center shall be by direct appropriation of the Legislature and shall not be derived from the proposed or actual operating budget of the Department of Education.

##### **§ 18A:6-95.4** Transfer of assets {#sec-18a-6-95.4 omnilex-key=us-nj-statutes--title-18a--18A:6-95.4}

The assets of the educational improvement centers shall be transferred to the Commissioner of Education, except that the assets of Educational Improvement Center-South shall be transferred to the educational information and resource center. All transfers shall be made as provided in the "State Agency Transfer Act," P.L.1971, c. 375 (C. 52:14D-1 et seq.).

##### **§ 18A:6-96** Control, management, etc. by board of directors {#sec-18a-6-96 omnilex-key=us-nj-statutes--title-18a--18A:6-96}

The government, control, conduct, management and administration of the educational information and resource center shall be vested in the board of directors.

##### **§ 18A:6-96.1** Transfer of board; term {#sec-18a-6-96.1 omnilex-key=us-nj-statutes--title-18a--18A:6-96.1}

The board of the Educational Improvement Center-South shall become the board of the educational improvement and resource center as of the effective date of this act, and each member shall continue in office until the expiration of his respective term and the qualification in office of his successor.

##### **§ 18A:6-97** Members; selection; reimbursement of expenses; term of office; vacancies; removal {#sec-18a-6-97 omnilex-key=us-nj-statutes--title-18a--18A:6-97}

The board of directors shall be selected through procedures established by the board of directors and shall consist of 21 members. Members of the board of directors shall be selected as follows:

a. Twelve teaching staff members to be selected from each of the following categories:

(1) special education teacher;

(2) vocational education teacher;

(3) K-2 teacher;

(4) 3-5 teacher;

(5) 6-8 teacher;

(6) 9-12 teacher;

(7) pupil personnel staff;

(8) elementary principal;

(9) secondary principal;

(10) curriculum supervisor;

(11) superintendent of schools;

(12) business manager/board secretary.

The selection of teaching staff members from categories 1 through 6 shall be made from a list of nominees provided by their respective county professional organizations representing local associations dealing with terms and conditions of employment. No one who is not a member of such an organization shall be excluded from consideration for such a list. The selection of teaching staff members from categories 7 through 12 shall be made from a list of nominees provided by their respective county professional organizations;

b. Two parents;

c. Two representatives of a nonprofit, nonpublic school;

d. One representative of higher education;

e. Two members of local boards of education;

f. (Deleted by amendment, P.L.[1983], c. [186] );

g. (Deleted by amendment, P.L.[1983], c. [186] );

h. One representative of business and industry; and

i. One student representative.

Members of the board of directors shall serve without compensation but shall be reimbursed for all reasonable and necessary expenses.

The terms of office of the members shall be for 3 years beginning on July 1 and ending on June 30, except that of the members first appointed, seven shall be appointed for terms of 1 year; seven for terms of 2 years and seven for terms of 3 years.

Each member shall serve until his successor shall have been appointed and vacancies shall be filled in the same manner as the original appointments for the remainder of the unexpired terms. No member shall serve more than two successive terms. No member of the board of directors shall be interested directly or indirectly in any contract with or claim against the board. Whenever a member of the board of directors shall cease to be a bona fide resident of or an employee of an agency or firm located within the State his or her membership on the board shall immediately cease, and any member who fails to attend three consecutive meetings of the board without good cause may be removed by it.

##### **§ 18A:6-98** Leave of absence without loss of pay to attend meetings of board {#sec-18a-6-98 omnilex-key=us-nj-statutes--title-18a--18A:6-98}

Any person employed by a public educational system or institution in a position which requires a certificate issued by the State board of examiners or employed in a professional education capacity by a school, college, or university which is either tax-supported or operated under contract with the State or on behalf of the State, who is a member of the board of directors of the educational information and resource center, shall be entitled to time off from his or her duties as such employee, without loss of pay, during the periods of his attendance at six duly authorized meetings of the board per year.

##### **§ 18A:6-99** Organization; meetings {#sec-18a-6-99 omnilex-key=us-nj-statutes--title-18a--18A:6-99}

The board of directors shall meet and organize annually, at a regular meeting held during the second week of September, by the election of a chairman, vice chairman, and such other officers as the board shall determine. Such officers shall serve until the following September meeting and until their successors are elected. Vacancies in such offices shall be filled in the same manner for the unexpired terms only. The board of directors shall hold public meetings at least once in each month at such times and places as its rules may prescribe, at least half of which shall be scheduled during evening hours.

##### **§ 18A:6-100** Powers and duties. {#sec-18a-6-100 omnilex-key=us-nj-statutes--title-18a--18A:6-100}

6. The board of directors of the educational information and resource center, within the general rules and regulations set by the State Board of Education, shall have the general supervision over and be vested with the conduct of the center. It shall have the power and duty to:

a. Adopt and use a corporate seal;

b. Determine policies for the organization, administration, and development of the center;

c. Sue or be sued by its corporate name;

d. (Deleted by amendment, P.L.1983, c.186);

e. Prepare an annual budget, as determined by the board of directors, to carry out the programs and services described in P.L.1978, c.58 (C.18A:6-96 et seq.), and present the annual budget to the Governor and the Legislature;

f. Disburse all monies appropriated to the center by the State and all monies received from grants, fees, auxiliary services and other sources;

g. Direct and control expenditures of the center pursuant to all provisions of law governing local school districts, as set forth in Title 18A, and in accordance with the terms of any applicable trusts, bequests, or other special provisions. A system of bookkeeping and accounting shall be adopted and instituted as prescribed by the State board. The board shall cause an annual audit of the center's accounts and financial transactions in the manner provided by N.J.S.18A:23-1 et seq. All accounts of the center shall be subject to audit by the State at any time;

h. Appoint and fix compensation, terms, and conditions of employment of an executive director. The executive director shall be secretary to the board of directors and shall serve at the pleasure of the board of directors;

i. Upon nomination by the executive director, appoint, remove, promote, and transfer such other staff as may be required to carry out the provisions of the chapter, assign their duties, determine their salaries, and prescribe qualifications for all positions;

j. Enter into contracts and agreements with the State or any of its political subdivisions or with the United States, or any public body, department, or any agency of the State or the United States, or with any individual, firm, or corporation, subject to the bidding requirements set forth in the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., which are deemed necessary or advisable by the board for carrying out the provisions of this chapter;

k. Accept from any governmental department, agency, or other public or private body, or from any other source, grants or contributions of money or property which the board may use for any of its purposes;

l. Acquire, own, lease, use and operate property, subject to the provisions regarding facilities for persons with disabilities set forth in N.J.S.18A:18A-17 and P.L.1975, c.221 (C.52:32-11 et seq.), whether real, personal or mixed, or any interest therein, which is necessary or desirable for center purposes;

m. Determine that any property owned by the center is no longer necessary for center purposes and to sell the same at such price and in such manner and upon such terms and conditions as deemed appropriate;

n. Adopt bylaws, make and promulgate such rules, regulations, and orders, not inconsistent with the provisions of this chapter or rules and regulations of the State Board of Education, as are necessary and proper for the administration and operation of the center and to implement the provisions of this act;

o. Appoint and regulate the duties, functions, powers, and procedures of committees, standing or special, from its members and such advisory committees or bodies, as it may deem necessary or conducive to the efficient management and operation of the center, consistent with this act and other applicable statutes;

p. Cause a report of the condition of the center and the center's property under its control and an itemized account of the condition of the finances of the center to be printed and submitted to the Legislature as soon as practicable after the close of the fiscal year;

and it may:

q. Utilize all available programs, services, and resources of other social agencies, including institutions of higher education and local school districts, to meet the center's plans and objectives.

##### **§ 18A:6-101** Executive director {#sec-18a-6-101 omnilex-key=us-nj-statutes--title-18a--18A:6-101}

The executive director of the educational information and resource center shall be responsible to its board of directors and shall have such powers as shall be requisite for the executive management and conduct of the center and for the execution and enforcement of the bylaws, rules, regulations and orders governing the management, conduct and administration of the center.

##### **§ 18A:6-102** Employees; tenure; pensions {#sec-18a-6-102 omnilex-key=us-nj-statutes--title-18a--18A:6-102}

Notwithstanding the provisions of any other law, all employees of the educational information and resource center shall serve at the pleasure of the board of directors. Certificated professional full-time employees shall be eligible for membership in the Teachers' Pension and Annuity Fund established pursuant to N.J.S. 18A:66-1 et seq., and all other employees shall be members of the Public Employees' Retirement System established pursuant to P.L.1954, c. 84 (C. 43:15A-1 et seq.).

Notwithstanding the provisions of any other law, such persons shall be entitled to supplemental compensation upon retirement, as set forth in section 1 of P.L.1973, c. 130 (C. 11:14-9).

##### **§ 18A:6-103** Short title {#sec-18a-6-103 omnilex-key=us-nj-statutes--title-18a--18A:6-103}

1. This act shall be known and may be cited as the "Educational Technology Teacher Training Act."

##### **§ 18A:6-104** Findings, declarations relative to Educational Technology Teacher Training {#sec-18a-6-104 omnilex-key=us-nj-statutes--title-18a--18A:6-104}

2. The Legislature finds and declares that:

a. In order for all of New Jersey's students to acquire the critical thinking and problem solving skills necessary to become productive citizens in the next century, they will require access to the opportunities provided by modern technology;

b. It is imperative that teachers understand the potential of technology within the classroom to support curriculum goals and that they become proficient and sophisticated users of those technologies critical to educating New Jersey's students;

c. Many of this State's teachers ended their training before technology was pervasive within teacher education programs and as a result the most frequently mentioned issue in educational technology has been the need for staff training;

d. The Education Technology Task Force, formed by the Commission on Business Efficiency in the Public Schools to assist the Legislature and Executive branch in formulating a Statewide educational technology policy, noted in its March, 1996 report, Technology and New Jersey's Schools in the 21st Century, that some school districts have exemplary technology programs and also have developed exemplary staff training programs;

e. The task force also recommended that in order to provide access to technology to teachers in the most efficient manner possible, the State should build upon this expertise by providing grants to school districts with proven histories of success in applying technology to education so that these school districts may share that knowledge with other districts through training programs specifically developed for that purpose; and

f. The New Jersey Department of Education has repeatedly stressed the importance of technology training for educational personnel and in fact in its April, 1993 report, Educational Technology in New Jersey: A Plan for Action, emphasized the critical need for strategies that will provide and support effective staff development models in this regard.

##### **§ 18A:6-105** Educational Technology Teacher Training Program {#sec-18a-6-105 omnilex-key=us-nj-statutes--title-18a--18A:6-105}

3. The Commissioner of Education shall develop and administer an Educational Technology Teacher Training Program. The purpose of the program shall be to provide grants to local school districts which have successfully integrated technology within their own educational programs to develop and offer educational technology training programs to the teachers and staff of other school districts and to the teachers and staff of non-public schools. The grants shall be allocated to school districts on a competitive basis and the commissioner may, if he deems appropriate, award grants to other appropriate applicants which he feels have the potential to develop and offer high quality educational technology training programs to school staff, including the staff of non-public schools.

##### **§ 18A:6-106** "Educational Technology Teacher Training Fund" {#sec-18a-6-106 omnilex-key=us-nj-statutes--title-18a--18A:6-106}

4. a. There is established within the Department of Education a fund to be known as the "Educational Technology Teacher Training Fund," hereinafter referred to as the "fund." The fund shall be used to provide grants to school districts or other applicants as approved by the commissioner to develop and administer educational technology training programs for school district staff. The grants shall be provided for a three-year period after which the technology training program shall be supported on a fee-for-service basis, through private sector-school district partnership funding, or both. During the initial three-year period, the grant funding shall be supplemented on a fee-for-service basis to offset costs which may exceed the grant amount.

b. The fund shall annually be credited with money appropriated by the Legislature, any moneys received from corporate donors or other private sector support, and any federal funds which may become available for teacher technology training.

c. Grants provided from the fund shall be used for the development of accessible training sites; costs associated with educational technology training personnel; the acquisition of equipment necessary for technological training including hardware and software; subscription fees for telecommunications and data base services; and any other purpose approved by the commissioner.

##### **§ 18A:6-107** Proposals for training programs; grants; training sites {#sec-18a-6-107 omnilex-key=us-nj-statutes--title-18a--18A:6-107}

5. a. Within 90 days of the effective date of this act, the commissioner shall forward a request for proposals for the establishment of educational technology teacher training programs to local school districts and other appropriate applicants. A local school district or other applicant which wants to participate in the program shall submit a proposal to the commissioner which outlines the district's or applicant's plan to offer educational technology training to teachers and other school staff. The proposal shall include information which outlines the manner in which the technology training program shall become self-supporting at the end of the three-year grant period through a fee-for-service arrangement, private sector support, or some other mechanism as developed by the grant recipient. The proposal shall also include any other information which the commissioner may require. b. The commissioner shall select grant recipients based on the quality of the proposed educational technology teacher training program. In selecting grant recipients, the commissioner shall consider the leadership and experience of the grant applicant in the effective use of educational technology within the classroom; the location of the proposed training site; and the potential for the training program to operate independently of grant funds at the end of the three-year period. c. The commissioner shall award grants to support at least 21 teacher training sites in the amount of $200,000 per site. The commissioner shall provide for a phase-in of training sites over the three-year period with at least seven sites established in the first year of the program, seven sites in the second year, and seven sites in the third year. In establishing a schedule for the phase-in of training sites, the commissioner shall ensure that there is an equitable distribution of sites in terms of their geographic location providing at a minimum for the establishment of one training site per county. d. Each training site shall include: (1) program offerings providing basic technology skills; (2) program offerings related to word processing, data bases, spreadsheets, and design; (3) a minimum of three educational multimedia program offerings; (4) a minimum of two telecommunications program offerings; and (5) program offerings which provide instruction on implementing teaching strategies that support the integration of technology in the classroom.

##### **§ 18A:6-108** Evaluation by commissioner {#sec-18a-6-108 omnilex-key=us-nj-statutes--title-18a--18A:6-108}

6. The commissioner shall annually evaluate the effectiveness of the teacher training programs being operated by grant recipients. Three years following the effective date of this act, the commissioner shall report to the Governor and the Legislature on the progress of the Educational Technology Teacher Training Program.

##### **§ 18A:6-109** Rules, regulations {#sec-18a-6-109 omnilex-key=us-nj-statutes--title-18a--18A:6-109}

7. The State Board of Education shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the rules and regulations necessary to carry out the provisions of this act.

##### **§ 18A:6-110** Spread the Word Program. {#sec-18a-6-110 omnilex-key=us-nj-statutes--title-18a--18A:6-110}

1. a. There is established the Spread the Word Program in the Department of Education. The purpose of the program is to provide books to elementary school children in grades kindergarten through five. Under the program, donating schools shall collect books from children and families who have extra books at home, and these books shall be donated to recipient schools for distribution to children who have few books at home. The program shall be county-based and shall be administered by the county superintendent of schools.

b. Prior to the start of each school year, the department shall send to each elementary school in the State an informational brochure on the program. If the school is interested in participating in the program as a donating school, the principal shall contact the county superintendent of schools to receive further information on program participation.

c. A donating school shall conduct book drives. When the drive is finished, the school shall review the donated books to ensure that they are age-appropriate and in satisfactory condition. After the review, the school shall count, sort and pack the books and contact the county superintendent of schools to report the approximate number of books collected and the number of boxes needed to be transported. The county superintendent of schools shall arrange for the books to be transported from the donating school to an eligible recipient school. The State shall assume the costs of transporting the donated books to the recipient school.

d. The State Board of Education shall determine criteria for choosing recipient schools which shall be based, at least in part, on the number of low-income pupils attending the school. The county superintendent of schools shall contact schools within the county that meet the criteria and provide information regarding the program. An eligible school that is interested in receiving donated books under the program shall inform the county superintendent of schools.

e. The Commissioner of Education shall assign a person on a part-time basis to serve as the coordinator of the program.

##### **§ 18A:6-110.1** "Purple Star Schools Program" established; working group, criteria. {#sec-18a-6-110.1 omnilex-key=us-nj-statutes--title-18a--18A:6-110.1}

1. a. There is created a Purple Star Schools Program in the Department of Education. Under the program, the Commissioner of Education shall annually recognize as Purple Star Schools those schools that provide for, or have made significant progress to respond to, the educational and social-emotional challenges military-connected students encounter during the transition to a new school when the student's parent or guardian is an active duty member of the United States Armed Forces and is relocated due to the active duty member's continued military service. A Purple Star School shall be designated as such if it provides programs and services that include, but need not be limited to, the following:

(1) training for faculty and staff members to ease entry into the new school environment for military-connected students;

(2) student-led programs to help create social connections, including an emphasis on programs for students who arrive mid-year and miss out on the normal cycles of sports and club activities;

(3) a military family webpage on the school website to inform parents and guardians about programs and services;

(4) relevant professional development opportunities for additional school staff; and

(5) holding school-wide military recognition events that raise awareness and recognize the value of military service.

The goal of the programs and services is to ensure that staff can help manage the challenges military-connected students encounter when they move between schools with different cultures, curricula, standards, course offerings, schedules, and graduation requirements.

b. The commissioner shall establish a Purple Star Schools Working Group. The purpose of the working group shall be to develop criteria to be used in the designation of schools as Purple Star Schools. The working group shall consist of members appointed by the commissioner and shall be composed of, but need not be limited to: a school principal; a school administrator; a school board member; an elementary school teacher; a middle school teacher; a high school teacher; a school counselor; a school social worker; and a school psychologist.

c. The criteria established by the working group for a Purple Star Schools designation pursuant to subsection b. of this section shall include, but need not be limited to, the school's efforts to:

(1) raise awareness and recognize the value of military service, including the sacrifices of military-connected families;

(2) respond to the unique educational and social-emotional challenges of military-connected students;

(3) highlight and promote equity, inclusion, and belonging;

(4) create safe, welcoming, and inclusive environments for all students, faculty, and staff;

(5) provide teachers, faculty, and staff with opportunities for instruction in easing the entry into the new school environment for military-connected students; and

(6) provide programs and services that align with those enumerated in paragraphs (1) through (5) of subsection a. of this section.

d. The working group, in consultation with the commissioner, shall establish a scoring system based on the criteria developed pursuant to subsection c. of this section to be used by the commissioner in the designation of Purple Star Schools. The commissioner shall establish a process by which schools may nominate their school to be designated as a Purple Star School.

##### **§ 18A:6-110.2** Findings, declarations. {#sec-18a-6-110.2 omnilex-key=us-nj-statutes--title-18a--18A:6-110.2}

1. The Legislature finds and declares that:

a. School food authorities participating in the National School Lunch Program administered by the United States Department of Agriculture (USDA) are required to provide fee-free avenues to pay for school lunch and inform families about all available payment methods, including associated fees.

b. However, these fee-free options are not always well advertised or accessible. Despite requirements from the USDA, families may be paying more in fees than they would choose to if they had access to comparably convenient payment options with lower or no fees.

c. School districts are able to negotiate fees while contracting with payment platforms.

##### **§ 18A:6-110.3** Definitions. {#sec-18a-6-110.3 omnilex-key=us-nj-statutes--title-18a--18A:6-110.3}

2. As used in this act:

"Payment processing platform" means a payment system that enables parents or guardians of students to make electronic payments for school meals, field trips, activity fees, or other goods or services provided by or distributed through the public or nonpublic school or any school, group, or club thereof.

"Public school" means a school located in New Jersey, under collegiate grade, which is operated by a school district, a charter school established pursuant to P.L.1995, c.426 (C.18A:36A-1 et seq.), or a renaissance school project established pursuant to P.L.2011, c.176 (C.18A:36C-1 et seq.).

##### **§ 18A:6-110.4** Payment processing platforms, public schools, provide users information on fees, payments. {#sec-18a-6-110.4 omnilex-key=us-nj-statutes--title-18a--18A:6-110.4}

3. Any contract entered into on or after the effective date of this act by a board of education, a board of trustees, or the lead administrator of a nonpublic school with a third-party vendor for the development or use of a payment processing platform shall require the payment processing platform to provide users with clear information on:

a. all fees charged for use of the platform;

b. the average annual fees incurred by a user of the platform; and

c. the availability of an alternative no-fee means to make direct payments through the board of education, board of trustees, or nonpublic school.

##### **§ 18A:6-110.5** Public schools, no-fee option for making direct payments for services. {#sec-18a-6-110.5 omnilex-key=us-nj-statutes--title-18a--18A:6-110.5}

4. a. A public school shall offer students, parents, and guardians a no-fee option for making direct payments for school meals, field trips, activity fees, or other goods or services provided by or distributed through the public school, or any school, group, or club thereof. The option shall be provided at a time and place that is convenient for student, parent, and guardian use.

b. Any communication from the board of education or board of trustees, or any school, group, or club thereof, requesting payment for school meals, field trips, activity fees, or other goods or services shall include information on:

(1) the direct payment option required pursuant to subsection a. of this section; and

(2) the fees associated with use of any payment processing platform that may be used to make the payment.

##### **§ 18A:6-110.6** Nonpublic schools participating in federally assisted meal programs, no-fee option for direct payments. {#sec-18a-6-110.6 omnilex-key=us-nj-statutes--title-18a--18A:6-110.6}

5. a. A nonpublic school participating in a federally assisted meal program that provides low-cost or free meals to students shall offer students, parents, and guardians a no-fee option for making direct payments for school meals. The option shall be provided at a time and place that is convenient for student, parent, and guardian use.

b. Any communication from the lead administrator of a nonpublic school requesting payment for school meals shall include information on:

(1) the direct payment option required pursuant to subsection a. of this section; and

(2) the fees associated with use of any payment processing platform that may be used to make the payment.

##### **§ 18A:6-110.7** Construction of act. {#sec-18a-6-110.7 omnilex-key=us-nj-statutes--title-18a--18A:6-110.7}

6. Nothing in this act shall be construed to prohibit the payment of tuition and tuition-related fees to a nonpublic school.

##### **§ 18A:6-110.8** Tutoring registry, individual and organization qualifications. {#sec-18a-6-110.8 omnilex-key=us-nj-statutes--title-18a--18A:6-110.8}

1. a. The Department of Education shall partner with a nonprofit organization to establish and maintain a central, searchable registry of individuals and organizations interested in offering free tutoring services to students throughout the State. The registry shall contain information provided by each registrant including, but not limited to, the registrant’s name, contact information, subject matter expertise, and a tutoring availability schedule. The department shall make the registry publicly available on its Internet website.

b. The following individuals and organizations may apply to the nonprofit organization for inclusion on the registry established pursuant to subsection a. of this section:

(1) A teacher who holds a New Jersey provisional or standard instructional certificate;

(2) A retired New Jersey teacher who was in good standing at the time of retirement;

(3) A student enrolled in a two- or four-year institution of higher education in the State;

(4) An industry professional with relevant subject matter expertise;

(5) An organization with relevant subject matter expertise; and

(6) Any other person or organization the department deems appropriate.

c. A registrant shall not charge or receive any fee for services provided in connection with the central registry established pursuant to subsection a. of this section.

d. (1) An individual applying for inclusion on the registry pursuant to subsection b. of this section, except an individual included in paragraph (1) of subsection b. of this section who has undergone a prior criminal history record check as required by law, shall undergo a criminal history record check pursuant to the provisions of P.L.1986, c.116 (C.18A:6-7.1 et seq.) and shall not be included on the registry established pursuant to subsection a. of this section prior to completion of the criminal history record check.

(2) An organization applying for inclusion on the registry shall submit a statement of assurances to the nonprofit organization affirming that an individual providing tutoring services on behalf of, or as a representative of, the organization has undergone a criminal history record check pursuant to the provisions of paragraph (1) of this subsection. (3) The department may reimburse an individual for the cost of the criminal history check required pursuant to the provisions of this subsection.

e. The registry shall include a disclaimer stating that the information regarding individuals and organizations on the registry has not been independently verified and is not meant to be an endorsement or recommendation by the department as to the quality of the tutoring services offered.

##### **§ 18A:6-111** Findings, declarations relative to instruction in suicide prevention in public schools. {#sec-18a-6-111 omnilex-key=us-nj-statutes--title-18a--18A:6-111}

1. The Legislature finds and declares that:

a. Suicide is a leading cause of death for young people in this State. According to the Center for Health Statistics in the New Jersey Department of Health and Senior Services, between 1999 and 2001 more than 1,500 young people ages 13 to 18 made suicide attempts which resulted in hospitalization. More than 50 of these attempts were fatal. When young people up to 24 years of age are added to the equation, the number of attempted suicides rises to 3,000 and the number of fatalities rises to nearly 200.

b. A suicide can devastate a community. According to the National Alliance for the Mentally Ill (NAMI), suicide severely impacts the families and friends left behind, who often wrongly live with extreme shame and guilt over not having prevented the death of their loved one. Moreover, many attempts which do not result in death nonetheless end in serious injury to the victims and lifelong trauma to their families and those who know them.

c. A person who is considering suicide may exhibit behavioral warning signs. If someone notices the warning signs of suicide, it may be possible to avert a tragedy. With the possible exception of a parent, no one is better situated than a teacher to detect these signs and to initiate appropriate steps to prevent a suicide attempt. Proper training for teaching staff members can thus save pupils' lives and save the families and friends of would-be victims the trauma of a suicide or suicide attempt. Moreover, early identification of depression and other problems may help to reduce the number of young people who commit or attempt to commit suicide once they have left school and entered adulthood.

d. It is therefore appropriate for the Legislature to require: the State Board of Education to require instruction in suicide prevention as part of any continuing education which public school teaching staff members must complete to maintain their certification; and inclusion of suicide prevention awareness in the Core Curriculum Content Standards in Comprehensive Health and Physical Education.

##### **§ 18A:6-112** Public school teaching staff, school employee, contracted service provider employee, regular, direct contact with students, suicide prevention instruction, required. {#sec-18a-6-112 omnilex-key=us-nj-statutes--title-18a--18A:6-112}

2. a. The State Board of Education, in consultation with the New Jersey Youth Suicide Prevention Advisory Council established in the Department of Children and Families pursuant to P.L.2003, c.214 (C.30:9A-22 et seq.), shall, as part of the professional development requirement established by the State board for public school teaching staff members, require each public school teaching staff member to complete at least two hours of instruction in suicide prevention, to be provided by a licensed health care professional with training and experience in mental health issues, in each professional development period. The instruction in suicide prevention shall include information on the relationship between the risk of suicide and incidents of harassment, intimidation, and bullying and information on reducing the risk of suicide in students who are members of communities identified as having members at high risk of suicide.

b. Not including teaching staff members subject to the requirements of subsection a. of this section and not including licensed mental health care professionals, a school employee or an employee of a contracted service provider who has regular and direct contact with students, as determined by the board of education, shall complete a one-time training program in suicide prevention, awareness, and response identified by the Department of Education pursuant to subsection c. of this section. A person subject to the requirements of this subsection shall complete the required training program not less than 12 months from the date of the identification by the department of training programs or 12 months from the person's date of hire, whichever occurs later.

c. The Department of Education, in consultation with the Department of Children and Families, the Department of Human Services, the New Jersey Youth Suicide Prevention Advisory Council, suicide prevention experts, and interested stakeholders in the education community, shall identify training programs on suicide prevention, awareness, and response that persons subject to the requirements of subsection b. of this section may access and complete, free of charge, to fulfill the requirements. The department may enter into an agreement with one or more private entities to make a training program available, free of charge, to persons subject to the requirements of subsection b. of this section.

d. Not less than 12 months following the date of the identification by the department of the training programs or not less than 12 months from the person's date of hire, and annually thereafter, each school district and contracted service provider shall provide to their employees who are subject to the requirements of subsection a. or b. of this section, in a hard copy paper form or in an electronic form guidelines on the school district's reporting and suicide prevention, awareness, and response protocols including, but not limited to, contact information for each school's designated staff who should be notified whenever an employee believes a student may be at risk for suicide.

e. A school district shall provide information concerning its compliance with the requirements of this section in the New Jersey Quality Single Accountability Continuum Statement of Assurance submitted by the district to the executive county superintendent of schools. A contracted service provider shall annually provide a statement of assurance to the school district concerning its compliance with the provisions of subsections b. and d. of this section.

f. Each person who is required pursuant to subsection a. or subsection b. of this section to complete a suicide prevention training program shall have a duty to warn and protect when the following conditions exist:

(1) a student has communicated to that person a clearly identifiable threat of imminent, serious physical violence against oneself and the circumstances are such that a reasonable person would believe the student intended to carry out the threat; or

(2) the circumstances are such that a reasonable person would believe the student intended to carry out an act of imminent, serious physical violence against oneself.

A person acting in good faith and who takes reasonable steps to discharge a duty to warn and protect shall be immune from civil and criminal liability in regard to that disclosure.

##### **§ 18A:6-113** Provision for instruction in suicide prevention in school curriculum. {#sec-18a-6-113 omnilex-key=us-nj-statutes--title-18a--18A:6-113}

3. Within 180 days of the effective date of this act, the State Board of Education shall revise the Core Curriculum Content Standards in Comprehensive Health and Physical Education to provide for instruction in suicide prevention in an appropriate place in the curriculum of elementary school, middle school, and high school pupils.

##### **§ 18A:6-113.1** Middle school, high school student identification cards with New Jersey Suicide Prevention Hopeline contact information. {#sec-18a-6-113.1 omnilex-key=us-nj-statutes--title-18a--18A:6-113.1}

1. A public school that includes any of the grades seven through 12 and that issues student identification cards shall have printed on the back of the student identification cards the telephone number for mental health and suicide crisis resources, as determined by the Commissioner of Human Services, in consultation with the Commissioner of Education. A public school may, in addition to the telephone number for mental health and suicide crisis resources, provide contact information for the National Suicide Prevention Lifeline or any other mental health support service.

##### **§ 18A:6-114** Comprehensive program of after school activities in certain districts. {#sec-18a-6-114 omnilex-key=us-nj-statutes--title-18a--18A:6-114}

1. a. 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 the enactment of this act, the board of education of each district 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%, 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).

##### **§ 18A:6-115** Personal financial literacy course pilot program. {#sec-18a-6-115 omnilex-key=us-nj-statutes--title-18a--18A:6-115}

1. a. The Commissioner of Education shall establish a three-year pilot program to provide high school seniors in selected school districts with a personal financial literacy course. The goal of the pilot program shall be to ensure that high school graduates in the pilot districts receive instruction on budgeting, savings and investment, credit card debt, and other issues associated with personal financial responsibility. The commissioner shall select two districts in each of the southern, central, and northern regions of the State to participate in the program and shall seek a cross section of school districts from urban, suburban, and rural areas of the State.

b. The commissioner shall provide pilot districts with curriculum and sample instructional materials that may be used to support implementation of the pilot program.

c. At the conclusion of the pilot program, the commissioner shall submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature. The report shall contain information on the implementation of the pilot program and shall include the commissioner's recommendation on the feasibility of implementing the program on a Statewide basis.

d. The commissioner shall provide a grant to each of the pilot districts to finance the costs associated with offering the personal financial literacy course.

##### **§ 18A:6-116** "VETeach Pilot Program." {#sec-18a-6-116 omnilex-key=us-nj-statutes--title-18a--18A:6-116}

1. a. There is established in the Department of Education a four-year "VETeach Pilot Program." The purpose of the pilot program shall be to address the shortage of certified public school teachers that is anticipated to occur due to teacher retirements, by taking advantage of the qualified workforce represented by the State's veterans. The pilot program shall facilitate the teacher certification of veterans in order to advance the State's goals of ensuring a qualified public school workforce and addressing the high rate of unemployment among returning veterans.

b. Under the pilot program, Richard Stockton College of New Jersey shall enroll in a 36-month teacher preparation program, a single cohort of students who are veterans of the United States Armed Forces and who served on or after September 11, 2001. The program shall lead to a baccalaureate degree and completion of the requirements necessary to apply to the State Board of Examiners for a certificate of eligibility with advanced standing.

c. Richard Stockton College of New Jersey shall establish, with the approval of the State Board of Education, the coherent sequence of courses required to be completed by a student under the pilot program in order to be eligible to receive a certificate of eligibility with advanced standing. A certificate of eligibility with advanced standing issued to a student who completes the pilot program shall authorize the student to seek employment as a teacher in grades K through 8, and in certain secondary education fields.

d. Upon the conclusion of the pilot program, the commissioner shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the number of veterans who enrolled in the teacher preparation program established under the pilot program, the number of those veterans who were hired as teachers in public or nonpublic schools, and the advisability of the establishment of similar programs on a permanent basis.

##### **§ 18A:6-116.1** "VETeach Pilot Program" established, Department of Education; report to Governor, Legislature. {#sec-18a-6-116.1 omnilex-key=us-nj-statutes--title-18a--18A:6-116.1}

1. a. There is established in the Department of Education a four-year "VETeach Pilot Program." The purpose of the pilot program shall be to address the shortage of certified public school teachers by taking advantage of the qualified workforce represented by the State's veterans. The pilot program shall facilitate the teacher certification of veterans in order to advance the State's goals of ensuring a qualified public school workforce and addressing the high rate of unemployment among returning veterans.

b. A four-year public institution of higher education wishing to participate in the pilot program shall submit an application to the Commissioner of Education in a form prescribed by the commissioner. The commissioner shall select up to four institutions to participate in the pilot program.

c. Under the pilot program, a participating four-year public institution of higher education shall enroll, in a 36-month teacher preparation program, a single cohort of students who are veterans of the United States Armed Forces and who served on or after September 11, 2001. The program shall lead to a baccalaureate degree and completion of the requirements necessary to apply to the State Board of Examiners for a certificate of eligibility with advanced standing.

d. A participating four-year public institution of higher education shall establish, with the approval of the State Board of Education, the coherent sequence of courses required to be completed by a student under the pilot program in order to be eligible to receive a certificate of eligibility with advanced standing. A certificate of eligibility with advanced standing issued to a student who completes the pilot program shall authorize the student to seek employment as a teacher in grades kindergarten through eight and in certain secondary education fields.

e. Upon the conclusion of the pilot program, the commissioner shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the number of veterans who enrolled in the teacher preparation program established under the pilot program, the number of veterans who were hired as teachers in public or nonpublic schools, and the advisability of the establishment of similar programs on a permanent basis.

##### **§ 18A:6-117** Short title. {#sec-18a-6-117 omnilex-key=us-nj-statutes--title-18a--18A:6-117}

1. This act shall be known and may be cited as the "Teacher Effectiveness and Accountability for the Children of New Jersey (TEACHNJ) Act."

##### **§ 18A:6-118** Findings, declarations relative to the TEACHNJ Act. {#sec-18a-6-118 omnilex-key=us-nj-statutes--title-18a--18A:6-118}

2. The Legislature finds and declares that:

a. The goal of this legislation is to raise student achievement by improving instruction through the adoption of evaluations that provide specific feedback to educators, inform the provision of aligned professional development, and inform personnel decisions;

b. The New Jersey Supreme Court has found that a multitude of factors play a vital role in the quality of a child's education, including effectiveness in teaching methods and evaluations. Changing the current evaluation system to focus on improved student outcomes, including objective measures of student growth, is critical to improving teacher effectiveness, raising student achievement, and meeting the objectives of the federal "No Child Left Behind Act of 2001"; and

c. Existing resources from federal, State, and local sources should be used in ways consistent with this law.

##### **§ 18A:6-119** Definitions relative to the TEACHNJ Act. {#sec-18a-6-119 omnilex-key=us-nj-statutes--title-18a--18A:6-119}

3. As used in sections 12 through 17, 19 through 21, and 24 of P.L.2012, c.26 (C.18A:6-117 et al.):

"Corrective action plan" means a written plan developed by a teaching staff member serving in a supervisory capacity in collaboration with the teaching staff member to address deficiencies as outlined in an evaluation. The corrective action plan shall include timelines for corrective action, responsibilities of the individual teaching staff member and the school district for implementing the plan, and specific support that the district shall provide.

"Evaluation" means a process based on the individual's job description, professional standards and Statewide evaluation criteria that incorporates analysis of multiple measures of student progress and multiple data sources. Such evaluation shall include formal observations, as well as post conferences, conducted and prepared by an individual employed in the district in a supervisory role and capacity and possessing a school administrator certificate, principal certificate, or supervisor certificate.

"Individual professional development plan" means a written statement of goals developed by a teaching staff member serving in a supervisory capacity in collaboration with a teaching staff member, that: aligns with professional standards for teachers set forth in N.J.A.C.6A:9-3.3 and the New Jersey Professional Development Standards; derives from the annual evaluation process; identifies professional goals that address specific individual, district or school needs, or both; and grounds professional development activities in objectives related to improving teaching, learning, and student achievement. The individual professional development plan shall include timelines for implementation, responsibilities of the employee and the school district for implementing the plan, and specific support and periodic feedback that the district shall provide.

"Ineffective" or "partially effective" means the employee receives an annual summative evaluation rating of "ineffective" or "partially effective" based on the performance standards for his position established through the evaluation rubric adopted by the board of education and approved by the commissioner.

"Multiple objective measures of student learning" means the results of formal and informal assessments of students. Such measures may include a combination of, but are not limited to: teacher-set goals for student learning; student performance assessments, including portfolio projects, problem-solving protocols, and internships; teacher-developed assessments; standardized assessments; and district-established assessments.

"Professional standards" means the New Jersey Professional Standards for Teachers and the New Jersey Professional Standards for School Leaders recommended by the commissioner and adopted by the State Board of Education.

"Teaching staff member" means a member of the professional staff of any district or regional board of education, or any board of education of a county vocational school, holding office, position or employment of such character that the qualifications, for such office, position or employment, require him to hold a valid and effective standard, provisional or emergency certificate, appropriate to his office, position or employment, issued by the State Board of Examiners and includes a school nurse and a school athletic trainer.

##### **§ 18A:6-120** School improvement panel. {#sec-18a-6-120 omnilex-key=us-nj-statutes--title-18a--18A:6-120}

12. a. In order to ensure the effectiveness of its teachers, each school shall convene a school improvement panel. A panel shall include the principal, or his designee, an assistant or vice-principal, and a teacher. The principal's designee shall be an individual employed in the district in a supervisory role and capacity who possesses a school administrator certificate, principal certificate, or supervisor certificate. The teacher shall be a person with a demonstrated record of success in the classroom who shall be selected in consultation with the majority representative. An individual teacher shall not serve more than three consecutive years on any one school improvement panel. In the event that an assistant or vice-principal is not available to serve on the panel, the principal shall appoint an additional member to the panel, who is employed in the district in a supervisory role and capacity and who possesses a school administrator certificate, principal certificate, or supervisor certificate.

Nothing in this section shall prevent a district that has entered a shared services agreement for the functions of the school improvement panel from providing services under that shared services agreement.

b. The panel shall oversee the mentoring of teachers and conduct evaluations of teachers, including an annual summative evaluation, provided that the teacher on the school improvement panel shall not be included in the evaluation process, except in those instances in which the majority representative has agreed to the contrary. The panel shall also identify professional development opportunities for all instructional staff members that are tailored to meet the unique needs of the students and staff of the school.

c. The panel shall conduct a mid-year evaluation of any employee in the position of teacher who is evaluated as ineffective or partially effective in his most recent annual summative evaluation, provided that the teacher on the school improvement panel shall not be included in the mid-year evaluation process, except in those instances in which the majority representative has agreed to the contrary.

d. Information related to the evaluation of a particular employee shall be maintained by the school district, shall be confidential, and shall not be accessible to the public pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), as amended and supplemented.

##### **§ 18A:6-121** Evaluations of principal, assistant principal, vice-principal. {#sec-18a-6-121 omnilex-key=us-nj-statutes--title-18a--18A:6-121}

13. a. In order to ensure the effectiveness of the schools in the district, the superintendent of schools or his designee shall conduct evaluations of each principal employed by the school district, including an annual summative evaluation.

b. The principal, in conjunction with the superintendent or his designee, shall conduct evaluations of each assistant principal and vice-principal employed in his school, including an annual summative evaluation.

c. The superintendent or his designee and the principal, as appropriate, shall conduct a mid-year evaluation of any principal, assistant principal, or vice-principal who is evaluated as ineffective or partially effective in his most recent annual summative evaluation.

d. Information related to the evaluation of a particular employee shall be maintained by the school district, shall be confidential, and shall not be accessible to the public pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), as amended and supplemented.

##### **§ 18A:6-122** Annual submission of evaluation rubrics. {#sec-18a-6-122 omnilex-key=us-nj-statutes--title-18a--18A:6-122}

16. a. A school district shall annually submit to the Commissioner of Education, for review and approval, the evaluation rubrics that the district will use to assess the effectiveness of its teachers, principals, assistant principals, and vice-principals and all other teaching staff members. The board shall ensure that an approved rubric meets the minimum standards established by the State Board of Education.

b. Notwithstanding the provisions of subsection a. of this section, a school district may choose to use the model evaluation rubric established by the commissioner pursuant to subsection f. of section 17 of P.L.2012, c.26 (C.18A:6-123) to assess the effectiveness of its teachers, principals, assistant principals, and vice-principals and all other teaching staff members. In the case in which the district fails to submit a rubric for review and approval, the model rubric shall be used by the district to assess the effectiveness of its teachers, principals, assistant principals, and vice-principals and all other teaching staff members.

##### **§ 18A:6-123** Review, approval of evaluation rubrics. {#sec-18a-6-123 omnilex-key=us-nj-statutes--title-18a--18A:6-123}

17. a. The Commissioner of Education shall review and approve evaluation rubrics submitted by school districts pursuant to section 16 of P.L.2012, c.26 (C.18A:6-122). The board of education shall adopt a rubric approved by the commissioner.

b. The State Board of Education shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to set standards for the approval of evaluation rubrics for teachers, principals, assistant principals, and vice-principals. The standards, at a minimum, shall include:

(1) four defined annual rating categories for teachers, principals, assistant principals, and vice-principals: ineffective, partially effective, effective, and highly effective;

(2) a provision requiring that the rubric be partially based on multiple objective measures of student learning that use student growth from one year's measure to the next year's measure using data from the most recent year in which an educator completed student growth objectives;

(3) a provision that allows the district, in grades in which a standardized test is not required, to determine the methods for measuring student growth, provided that the student growth objective data used is data collected in the most recent year in which an educator completed student growth objectives;

(4) a provision that multiple measures of practice and student learning be used in conjunction with professional standards of practice using a comprehensive evaluation process in rating effectiveness with specific measures and implementation processes. Standardized assessments shall be used as a measure of student progress but shall not be the predominant factor in the overall evaluation of a teacher;

(5) a provision that the rubric be based on the professional standards for that employee;

(6) a provision ensuring that performance measures used in the rubric are linked to student achievement;

(7) a requirement that the employee receive multiple observations during the school year which shall be used in evaluating the employee;

(8) a provision that requires that at each observation of a teacher, either the principal, his designee who shall be an individual employed in the district in a supervisory role and capacity and who possesses a school administrator certificate, principal certificate, or supervisor certificate, the vice-principal, or the assistant principal shall be present;

(9) an opportunity for the employee to improve his effectiveness from evaluation feedback;

(10) guidelines for school districts regarding training and the demonstration of competence on the evaluation system to support its implementation;

(11) a process for ongoing monitoring and calibration of the observations to ensure that the observation protocols are being implemented correctly and consistently;

(12) a performance framework, associated evaluation tools, and observation protocols, including training and observer calibration resources;

(13) a process for a school district to obtain the approval of the commissioner to utilize other evaluation tools; and

(14) a process for ensuring that the results of the evaluation help to inform instructional development.

c. A board of education shall adopt a rubric approved by the commissioner by December 31, 2012.

d. Beginning no later than January 31, 2013, a board of education shall implement a pilot program to test and refine the evaluation rubric.

e. Beginning with the 2013-2014 school year, a board of education shall ensure implementation of the approved, adopted evaluation rubric for all educators in all elementary, middle, and high schools in the district. Results of evaluations shall be used to identify and provide professional development to teaching staff members. Results of evaluations shall be provided to the commissioner, as requested, on a regular basis.

f. The commissioner shall establish a model evaluation rubric that may be utilized by a school district to assess the effectiveness of its teaching staff members.

##### **§ 18A:6-123.1** Collection, new student growth objective data, administrator goals data, prohibited until next N.J.A.C.6A:10 expiration, readoption. {#sec-18a-6-123.1 omnilex-key=us-nj-statutes--title-18a--18A:6-123.1}

5. a. Notwithstanding the provisions of section 17 of P.L.2012, c.26 (C.18A:6-123) or any other law, rule, or regulation to the contrary, in the 2024-2025 school year and each school year thereafter until the next expiration and subsequent readoption of N.J.A.C.6A:10, teachers, principals, assistant principals, and vice-principals shall not collect new student growth objective data or administrator goals data. For the purposes of conducting evaluations of teachers, principals, assistant principals, and vice principals in the 2024-2025 school year and in each school year thereafter until the next expiration and subsequent readoption of N.J.A.C.6A:10, existing student growth objective data from the most recent year in which the educator completed student growth objectives or existing administrator goals data for the most recent year in which the educator completed administrator goals shall be used. For any teacher, principal, assistant principal, or vice-principal in their first year of employment in a district; any teacher, principal, assistant principal, or vice-principal without a record of pre-existing student growth objectives or administrator goals; or any non-tenured teacher, principal, assistant principal, or vice-principal, the educator shall be required to set student growth objectives or administrator goals, as appropriate, and collect data pertaining to these objectives or goals during the 2024-2025 school year and each school year thereafter until the next expiration and subsequent readoption of N.J.A.C.6A:10.

b. Beginning in the first full school year following the next expiration and subsequent readoption of N.J.A.C.6A:10, school districts shall implement guidelines for the collection of student growth objective data and administrator goals data consistent with any law, rule, or regulation enacted as a result of the findings of the New Jersey Educator Evaluation Review Task Force established pursuant to P.L.2024, c.14 (C.18A:6-123.1 et al.).

c. A teacher, principal, assistant principal, or vice-principal who is not required to complete annual student growth objectives or administrator goals pursuant to subsection a. of this section may complete new student growth objectives or administrator goals for one year. The scores from the new student growth objectives or administrator goals will be applied to the educator's summative evaluation for that school year and all subsequent school years until the next expiration and readoption of N.J.A.C.6A:10, unless the educator requests the opportunity to complete new student growth objectives or administrator goals in a subsequent school year. A teacher, principal, assistant principal, or vice-principal shall notify their supervisor and the school principal in writing on or before September 30 of the year in which the new student growth objectives or administrator goals are to be completed.

d. A teacher, principal, assistant principal, or vice-principal who is eligible to attain tenure on or before February 15 shall not be required to set student growth objectives or administrator goals, or collect new student growth objective data or administrator goals data for the school year in which they are eligible to attain tenure. For the purposes of conducting evaluations of these teachers, principals, assistant principals, and vice-principals, existing student growth objective data or administrator goals data from the most recent year in which the educator completed student growth objectives shall be used. A teacher, principal, assistant principal, or vice-principal who is eligible to attain tenure after February 15 shall be required to set student growth objectives or administrator goals, and collect student growth objective data or administrator goals data during the school year.

##### **§ 18A:6-124** Regulations. {#sec-18a-6-124 omnilex-key=us-nj-statutes--title-18a--18A:6-124}

24. The State Board of Education shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in accordance with an expeditious time frame, to set standards for the approval of evaluation rubrics for all teaching staff members, other than those included under the provisions of subsection b. of section 17 of P.L.2012, c.26 (C.18A:6-123). The standards at a minimum shall include: four defined annual rating categories: ineffective, partially effective, effective, and highly effective.

##### **§ 18A:6-125** Evaluation rubric not subject to collective negotiations. {#sec-18a-6-125 omnilex-key=us-nj-statutes--title-18a--18A:6-125}

19. A school district's evaluation rubric approved by the commissioner pursuant to section 16 of P.L.2012, c.25 (C.18A:6-122) shall not be subject to collective negotiations.

##### **§ 18A:6-126** Conflicts with collective bargaining agreements. {#sec-18a-6-126 omnilex-key=us-nj-statutes--title-18a--18A:6-126}

21. No collective bargaining agreement or other contract entered into by a school district after July 1, 2013 shall conflict with the educator evaluation system established pursuant to P.L.2012, c.26 (C.18A:6-117 et al.). A district with an existing collective bargaining agreement on July 1, 2013 which conflicts in whole or in part with the educator evaluation system established pursuant to that act, shall implement in accordance with that act those provisions not in conflict with the collective bargaining agreement.

Notwithstanding the provisions of this act, aspects of evaluation not superseded by statute or regulation shall continue to be mandatory subjects of collective negotiations.

##### **§ 18A:6-127** Researched-based mentoring program. {#sec-18a-6-127 omnilex-key=us-nj-statutes--title-18a--18A:6-127}

14. a. A board of education shall implement a researched-based mentoring program that pairs effective, experienced teachers with first-year teachers to provide observation and feedback, opportunities for modeling, and confidential support and guidance in accordance with the Professional Standards for Teachers and the evaluation rubric.

b. The mentoring program shall: enhance teacher knowledge of, and strategies related to, the core curriculum content standards in order to facilitate student achievement and growth; identify exemplary teaching skills and educational practices necessary to acquire and maintain excellence in teaching; and assist first-year teachers in the performance of their duties and adjustment to the challenges of teaching. To the greatest extent feasible, mentoring activities shall be developed in consultation with the school improvement panels established pursuant to section 12 of P.L.2012, c.26 (C.18A:6-120) in order to be responsive to the unique needs of different teachers in different instructional settings.

##### **§ 18A:6-128** Ongoing professional development. {#sec-18a-6-128 omnilex-key=us-nj-statutes--title-18a--18A:6-128}

15. a. A board of education, principal, or superintendent shall provide its teaching staff members with ongoing professional development that supports student achievement and with an individual professional development plan. To the greatest extent feasible, professional development opportunities shall be developed in consultation with the school improvement panels established pursuant to section 12 of P.L.2012, c.26 (C.18A:6-120) in order to be responsive to the unique needs of different instructional staff members in different instructional settings.

b. A board of education, principal, or superintendent shall provide additional professional development for any teaching staff member who fails or is struggling to meet the performance standards established by the board, as documented in the teaching staff member's annual summative evaluation. The additional professional development shall be designed to correct the needs identified in the annual summative evaluation.

A corrective action plan shall be developed by the teaching staff member and a teaching staff member serving in a supervisory capacity to address deficiencies outlined in the evaluation when the employee is rated ineffective or partially effective. The corrective action plan shall include timelines for corrective action and responsibilities of the teaching staff member and the school district for implementation of the plan.

c. All funds budgeted by a school district for professional development shall be used primarily to provide the professional development required pursuant to the provisions of P.L.2012, c.26 (C.18A:6-117 et al.).

##### **§ 18A:6-129** Funds provided. {#sec-18a-6-129 omnilex-key=us-nj-statutes--title-18a--18A:6-129}

20. The Department of Education shall provide the funds necessary to effectuate the provisions of this act.

##### **§ 18A:6-130** Professional development opportunities related to reading disabilities. {#sec-18a-6-130 omnilex-key=us-nj-statutes--title-18a--18A:6-130}

1. The Department of Education shall provide professional development opportunities related to reading disabilities, including dyslexia, to school district personnel. The professional development shall be made available to general education, special education, basic skills, and English as a second language teachers, instructional support staff, administrators, supervisors, child study team members, and speech-language specialists. The professional development opportunities shall be designed to account for the various manners in which different school district personnel interact with, or develop instructional programs for, students with reading disabilities.

##### **§ 18A:6-131** Required instruction. {#sec-18a-6-131 omnilex-key=us-nj-statutes--title-18a--18A:6-131}

2. The State Board of Education shall, as part of the professional development requirement established by the State board for public school teaching staff members, require certain teaching staff members to annually complete at least two hours of professional development instruction on the screening, intervention, accommodation, and use of technology for students with reading disabilities, including dyslexia. The professional development requirement established pursuant to this section shall apply to general education teachers employed in grades kindergarten through 3, special education, basic skills, and English as a second language teachers, reading specialists, learning disabilities teacher consultants, and speech-language specialists. A board of education may make the professional development opportunities available to other instructional or support staff as the board deems appropriate.

##### **§ 18A:6-131.1** Professional development requirement satisfied. {#sec-18a-6-131.1 omnilex-key=us-nj-statutes--title-18a--18A:6-131.1}

2. A teaching staff member may satisfy in each professional development cycle one or more hours of the professional development requirement established by the State Board of Education through participation in training programs on sexual abuse and assault awareness and prevention.

##### **§ 18A:6-131.2** Development, distribution of guidelines concerning child trafficking. {#sec-18a-6-131.2 omnilex-key=us-nj-statutes--title-18a--18A:6-131.2}

1. a. The Department of Education, in consultation with the Office of the Attorney General and the Department of Children and Families, shall develop and distribute to school districts guidelines concerning child trafficking. The purpose of the guidelines shall be to provide direction for schools in creating awareness of child trafficking, including warning signs and risk factors associated with child trafficking and how to prevent child trafficking.

b. The guidelines shall include, but not be limited to, research-based information and guidance regarding the following:

(1) definitions and terms relevant to an understanding of child trafficking;

(2) resources and information to provide training for teachers, staff, and students regarding child trafficking;

(3) resources and information to create a greater understanding of risk factors that make children more susceptible to becoming a victim of child trafficking, recruitment of traffickers, and behavioral indicators that a student may be a victim of possible child trafficking;

(4) how to report a suspected case of child trafficking to school administrators and law enforcement;

(5) strategies to prevent children from becoming victims of child trafficking; and

(6) procedures for ensuring confidentiality and privacy.

##### **§ 18A:6-131.3** Provision of guidance, resources to school districts. {#sec-18a-6-131.3 omnilex-key=us-nj-statutes--title-18a--18A:6-131.3}

2. The Commissioner of Education shall provide school districts with guidance and resources regarding the following:

a. professional development opportunities for teachers, administrators, guidance counselors, coaches, and other school staff regarding issues and concerns relevant to child trafficking awareness; and

b. developmentally appropriate resources regarding child trafficking awareness.

##### **§ 18A:6-132** County vocational District Partnership Grant Program. {#sec-18a-6-132 omnilex-key=us-nj-statutes--title-18a--18A:6-132}

1. The Commissioner of Education shall develop and administer a four-year County Vocational School District Partnership Grant Program. The purpose of the program shall be to award grants to county vocational school districts to partner with urban districts, other school districts, county colleges, and other entities to create high-quality career and technical education programs in existing facilities. The commissioner shall consult with the New Jersey Council of County Vocational Schools and employer representatives regarding the design of the grant program.

##### **§ 18A:6-133** Awarding of grants. {#sec-18a-6-133 omnilex-key=us-nj-statutes--title-18a--18A:6-133}

2. a. The commissioner shall award grants, within the limit of available State appropriations, to selected county vocational school districts to be used to support the development and implementation of a career and technical education program in an existing school or college facility that is not owned or leased by the county vocational school district. The commissioner shall determine the amount of each grant awarded under the program and may award multi-year grants.

b. A county vocational school district that wants to apply for a grant shall submit an application to the commissioner. The application shall include:

(1) a description of the career and technical education partnership program to be developed with the grant funding;

(2) a description of the partnership with the school district, county college, or other entity that will host the program including, but not limited to, the responsibilities of each partner for providing education and support services to students and teacher supervision and professional development;

(3) a description of any partnerships with local employers that will support the proposed career and technical education partnership program by advising on curriculum, offering work-based learning opportunities, providing equipment or resources, or other assistance;

(4) the number of students that could be accommodated in the career and technical education partnership program over each of the four years of the grant program and in future years;

(5) the projected demand for the career and technical education partnership program;

(6) an explanation of whether the proposed partnership will replicate an existing approved career and technical education program at the county vocational school, or if new approval will be sought;

(7) the location of the facility in which the partnership program will be located and whether the location is conducive to serving the populations targeted by the career and technical education partnership program;

(8) the estimated start-up and initial operational costs of the proposed partnership program, including the cost of any facility repairs or modification, equipment and supplies, curriculum development and materials, and professional salaries;

(9) an explanation of why the facilities of the county vocational school district could not accommodate the new career and technical education program;

(10) the plan to sustain the career and technical education partnership program beyond the period of grant funding using other State, federal, and local resources; and

(11) any other information that the commissioner deems appropriate.

##### **§ 18A:6-134** Report to Governor, Legislature. {#sec-18a-6-134 omnilex-key=us-nj-statutes--title-18a--18A:6-134}

3. The commissioner shall submit a report to the Governor, and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), four years after the establishment of the County Vocational School District Partnership Grant Program. The report shall include, but need not be limited to, information on the number of grant applicants, the number of grant awards, the number of career and technical education partnership programs established under the grant program, the number of students who completed the career and technical education partnership programs established under the grant program, the costs and any savings realized through the sharing of facilities under the grant program, and a recommendation on the establishment of a permanent source of funding for such career and technical education partnership programs.

##### **§ 18A:6-135** Development, establishment of Response to Intervention framework. {#sec-18a-6-135 omnilex-key=us-nj-statutes--title-18a--18A:6-135}

1. a. The Commissioner of Education shall develop and establish an initiative to support and encourage the use of a Response to Intervention framework by school districts to promote the achievement of all students. The initiative shall include dissemination of information and guidance to school districts regarding the development and effective implementation of a Response to Intervention framework as a methodology to identify struggling learners, maximize student achievement, and reduce behavioral problems. The initiative shall also include dissemination of information and guidance to school districts regarding the effective use of a Response to Intervention framework as a methodology to identify students with specific learning disabilities in accordance with the "Individuals with Disabilities Education Act," 20 U.S.C. s.1400 et seq. The information and guidance provided to school districts shall make clear that a Response to Intervention framework is not a substitute for classification of a student as eligible for special education and related services if the student requires classification.

b. The commissioner shall ensure that a Response to Intervention framework implemented by a school district includes, at a minimum, the following elements:

(1) high quality research-based instruction in the general education setting;

(2) universal screening procedures to identify students at risk for poor learning outcomes or behavioral challenges;

(3) multiple levels of evidence-based interventions that are progressively more intense, based on the student's responsiveness; and

(4) continuous monitoring of student progress.

c. The commissioner shall make available technical assistance and training to assist school districts in the implementation of a Response to Intervention framework.

##### **§ 18A:6-136** Definitions relative to a teaching pilot program; recruitment; report. {#sec-18a-6-136 omnilex-key=us-nj-statutes--title-18a--18A:6-136}

1. a. As used in this section:

"Underperforming school" means any public school that meets the criteria of paragraph (1) or paragraph (2):

(1) among all students in that school to whom a State assessment was administered, the sum of the percent of students scoring in the not yet meeting expectations and partially meeting expectations categories in both the language arts and mathematics subject areas of the State assessments exceeded 40% in each of the prior two school years; or

(2) among all students in that school to whom a State assessment was administered, the sum of the percent of students scoring in the not yet meeting expectations and partially meeting expectations categories in either the language arts or mathematics subject areas of the State assessment exceeded 65% in each of the prior two school years. "Minority" means a person who is a member of a racial-ethnic group that has been historically disadvantaged in obtaining access to equal educational opportunities.

"Eligible participant" means a male resident of New Jersey who is from a disadvantaged or minority background; is interested in pursuing a career as a teacher in New Jersey; and meets eligibility criteria for enrolling in the alternate route teacher preparation program, including the requirements for obtaining a certificate of eligibility under State Board of Education regulations.

b. The Commissioner of Education shall establish a pilot program in which the commissioner will recruit eligible participants and match them to teaching opportunities for which they may apply in underperforming schools under the alternate route teacher preparation program. The purpose of the pilot program shall be to increase the access of disadvantaged or minority men to teaching opportunities and to provide needed high-quality teachers in underperforming schools in the State.

c. The commissioner shall select for participation in the pilot program six underperforming schools, including, if possible, two schools in each of the northern, central, and southern regions of the State. To the extent possible, the commissioner shall seek a cross section of schools from urban, suburban, and rural areas.

d. The commissioner shall establish policies and procedures for the recruitment and selection of eligible participants, and for matching the selected eligible participants to teaching opportunities for which they may apply at the participating schools under the alternate route teacher preparation program.

e. Two years following the establishment of the pilot program, the commissioner shall submit a report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). The report shall contain information on the implementation of the pilot program and shall include the commissioner's recommendation on the advisability of continuing or expanding the program.

##### **§ 18A:6-137** Definitions. {#sec-18a-6-137 omnilex-key=us-nj-statutes--title-18a--18A:6-137}

1. As used in sections 2 through 5 of P.L.2019, c.256 (C.18A:6-138 through C.18A:6-141):

"Eligible teacher" means an individual who is employed as a teacher in a public school and who meets one of the following criteria: (1) holds a valid and effective provisional or standard instructional certificate issued by the State Board of Examiners with an endorsement in a science field, mathematics, technology education, computer science education, or other STEM subject or area; (2) is currently enrolled in a degree program or a coherent sequence of courses in science, mathematics, technology, computer science, or other STEM subject or area; (3) will enroll in a degree program or a coherent sequence of courses in science, mathematics, technology, computer science, or other STEM subject or area within two years of the effective date of P.L.2019, c.256 (C.18A:6-137 et seq.) or within two years of participating in the grant program established pursuant to section 2 of P.L.2019, c.256 (C.18A:6-138); or (4) is currently employed by a public school district to teach in a science, technology, engineering, mathematics, computer science field, or other STEM subject or area and will teach a subject and a grade level in the nonpublic school for which the teacher holds appropriate certification, including certification without a specific subject matter endorsement where permitted by N.J.S.18A:26-1 et seq.

“Eligible retired teacher” means an individual who was previously employed as a teacher in a public school and is receiving a retirement allowance under the Teachers’ Pension and Annuity Fund for reasons other than disability and who holds a valid and effective standard instructional certificate issued by the State Board of Examiners with an endorsement in a science field, mathematics, technology education, computer science education, or other STEM subject or area.

“Eligible county college faculty member” means an individual who is currently employed as a faculty member at a county college teaching a course in science, technology, engineering, mathematics, computer science, or other STEM subject or area and who participates in a collective bargaining agreement.

"Nonpublic school" means an elementary or secondary school within the State, other than a public school, offering education for grades kindergarten through 12, or any combination of them, wherein any child may legally fulfill compulsory school attendance requirements and which complies with the requirements of Title VI of the "Civil Rights Act of 1964," Pub.L.88-352 (42 U.S.C. s.2000d et seq.).

"Valid objection" means an explanation of why a school district disapproves of an eligible teacher currently employed by the school district from entering into a partnership with a participating nonpublic school. A school district with a valid objection shall cite, with sufficient supporting proof, as determined by the Commissioner of Education, one or more of the following reasons:

the proposed teaching hours at the nonpublic school conflict with the teacher's public school work responsibilities and no resolution could be found after consulting with the teacher and nonpublic school; or

approval of a proposed partnership between the nonpublic school and teacher would otherwise substantially impact the quality of student instruction in the school district.

##### **§ 18A:6-138** Grant program for certain STEM teachers established. {#sec-18a-6-138 omnilex-key=us-nj-statutes--title-18a--18A:6-138}

2. a. There is established in the Department of Education a grant program in which an eligible teacher employed by a school district may receive additional remuneration, pursuant to the provisions of section 3 of P.L.2019, c.256 (C.18A:6-139), and an eligible retired teacher or eligible county college faculty member may receive renumeration, pursuant to the provisions of section 4 of P.L.2025, c.317 (C.18A:6-139.1), to teach science, technology, engineering, or mathematics (STEM) classes or other STEM subject or area at a nonpublic school. Under the program, participating nonpublic schools shall form partnerships with eligible teachers and school districts, as applicable, or with eligible retired teachers, eligible county college faculty members, and the nonprofit selected pursuant to section 4 of P.L.2025, c.317 (C.18A:6-139.1), as applicable, and under which partnerships an eligible teacher, eligible retired teacher, or eligible county college faculty member teaches STEM classes at the nonpublic school at such times and during such hours mutually agreed upon by the teacher, nonpublic school, and school district, which may include hours beyond regular public school day hours such as extended day, evening, or weekend programming.

b. The purposes of the grant program administered pursuant to section 3 of P.L.2019, c.256 (C.18A:6-139) shall be to: incentivize current teachers to obtain the necessary qualifications to teach STEM subjects, incentivize individuals to enter the teaching profession to fill the demand for qualified educators in STEM subjects, assist in addressing the difficulties public and nonpublic schools face in attracting qualified educators in the STEM fields, increase the earning potential of teachers in public schools, improve retention among public school teachers, and improve Statewide access to education in the STEM fields to address the workforce demands of New Jersey's economy.

c. A school district annually shall notify all teachers employed by the district of the grant program administered pursuant to section 3 of P.L.2019, c.256 (C.18A:6-139), and shall submit a list of all eligible teachers that express an interest in participating in the program to the executive county superintendent by January 15 of each year. The executive county superintendent shall share the lists with nonpublic schools upon request.

##### **§ 18A:6-139** Application for participation. {#sec-18a-6-139 omnilex-key=us-nj-statutes--title-18a--18A:6-139}

3. a. A nonpublic school that wishes to participate in the grant program established under section 2 of P.L.2019, c.256 (C.18A:6-138) shall submit an application to the Commissioner of Education in a manner and on such forms as determined by the commissioner. The commissioner shall establish the application deadlines for each school year. In the event that the grant program is not operational by September 1, 2019, the commissioner shall allow nonpublic schools to submit applications during the course of the 2019-2020 school year for implementation of the program in that nonpublic school during the 2019-2020 school year.

An application shall include the following:

(1) the names of the nonpublic school, school district, and eligible teacher that will form a STEM partnership under the program;

(2) acknowledgement from the nonpublic school that a currently employed eligible teacher will teach at the nonpublic school during hours which the teacher has no conflicting public school duties;

(3) the proposed schedule and grades to be taught by the eligible teacher at the nonpublic school;

(4) the number of students, based on enrollment projections, that will receive instruction from the eligible teacher under the proposed schedule at the nonpublic school;

(5) a certification from the nonpublic school that the eligible teacher shall provide only secular instruction at the nonpublic school; and

(6) any other information specified by the commissioner.

Upon receiving a notification from a nonpublic school that a teacher currently employed by the school district plans to participate in the program, a school district may submit to the commissioner or designee any valid objection within 10 business days. The notification from a nonpublic school that a teacher currently employed by the school district plans to participate in the program and the 10-business-day period for receipt of a valid objection from the district shall occur prior to application submission. If a valid objection is received, then the commissioner shall reject the application and inform both the teacher and nonpublic school that the application was rejected.

b. The commissioner shall establish selection criteria for the awarding of grants under the program, including consideration of the application information submitted pursuant to subsection a. of this section. To the maximum extent possible, the commissioner shall select at least three nonpublic schools in each of the northern, central, and southern regions of the State to participate in the program, and nothing shall prohibit more than three nonpublic schools in each region of the State from participating. During the program's operation, the program may be expanded beyond the nonpublic schools that were initially selected to participate, as determined by the commissioner and subject to the availability of funds.

c. The commissioner shall award grants under the program based upon review of the applications and subject to the limit of funds appropriated or otherwise made available for the program. Grant funds for approved applications of eligible teachers currently employed by a school district shall be allocated by the Department of Education to the school district of each eligible teacher participating in the program. The school district shall use the funds to provide compensation to a participating eligible teacher pursuant to this subsection, including applicable federal payroll taxes.

The commissioner shall establish the amount of each grant awarded for an eligible teacher, subject to the following:

(1) A participating teacher currently employed by a school district shall receive an amount equal to the teacher's annual salary as calculated on a per-hour basis multiplied by the number of hours the teacher will teach STEM classes at a nonpublic school under the program multiplied by 1.25.

(2) In the event that sufficient funds are not appropriated to fully fund the compensation to be provided to participating eligible teachers pursuant to paragraph (1) of this subsection, the commissioner shall apportion the amount appropriated among the participating eligible teachers in proportion to the compensation each participating eligible teacher would have received had the full amount been appropriated, provided that applications by eligible teachers currently employed by a school district shall be fully funded before any funding is apportioned to eligible retired teachers or eligible county college faculty members pursuant to section 4 of P.L.2025, c.317 (C.18A:6-139.1).

(3) Payments received by a participating teacher under the grant program shall not be considered "compensation" under N.J.S.18A:66-2. Payments received by a participating teacher under the grant program shall not be considered in the calculation of “base salary” or “base annual salary” as defined pursuant to section 3 of P.L.1969, c.242 (C.18A:66-169). The payments shall not change any status or benefits under any retirement system or program to which the eligible teacher has membership.

d. Funds appropriated for the grant program shall be used exclusively for compensating eligible teachers to teach STEM classes at a participating nonpublic school, and the eligible teacher shall teach only the classes stipulated under the program.

e. If at any time a participating nonpublic school determines that a participating eligible teacher is not in compliance with the program or is violating the nonpublic school's code of conduct, the nonpublic school may submit information to the commissioner supporting its determination and request that the teacher be removed from participation in the program at the nonpublic school. The information submitted shall demonstrate noncompliance with the program, the nonpublic school's code of conduct, or the nonpublic school's faculty handbook. After reviewing the information, the commissioner may terminate the teacher's participation in the program at that nonpublic school.

f. The grant program established pursuant to section 2 of P.L.2019, c.256 (C.18A:6-138) shall not infringe upon the collective bargaining agreement between the majority representative of the collective negotiations unit in which a participating eligible teacher currently employed by a school district is a member and the school district in which the teacher is employed.

g. Any appropriation for the grant program made in a fiscal year that is not expended in that fiscal year shall be available to be used for the same purpose in the subsequent fiscal years.

h. The provisions of this section shall not be deemed to apply to the provisions of section 4 of P.L.2025, c.317 (C.18A:6-139.1).

##### **§ 18A:6-139.1** Eligible retired teacher, county college faculty member, grants, remuneration to teach STEM classes, nonpublic schools. {#sec-18a-6-139.1 omnilex-key=us-nj-statutes--title-18a--18A:6-139.1}

4. a. The Commissioner of Education may award a grant consistent with the provisions of this section for the purposes of allowing an eligible retired teacher or eligible county college faculty member to receive remuneration to teach science, technology, engineering, or mathematics (STEM) classes or other STEM subject or area at a nonpublic school.

b. In accordance with the provisions of this section, subject to available appropriations, and in compliance with section 1 of P.L.1987, c.7 (C.52:14-34.4), the Commissioner of Education shall award funding as a grant or grants to one or more nonprofit organizations for the purpose of allowing eligible retired teachers and eligible county college faculty members to teach STEM classes in nonpublic schools. Such organization or organizations shall review applications submitted by individuals for participation as an eligible retired teacher or eligible college county faculty members. A nonprofit organization awarded a grant pursuant to this subsection shall provide funding to eligible retired teachers and eligible county college faculty members in accordance with the provisions of subsection d. of this section.

c. The commissioner shall establish eligibility criteria and program requirements. Only secular instruction shall be provided pursuant to participation in the program. To the maximum extent possible, the Commissioner of Education shall select one or more nonprofit organizations that are able to administer the program across the northern, central, and southern regions of the State.

d. A participating eligible retired teacher or eligible county college faculty member shall receive grants in an amount equal to the Statewide average teacher salary in the prior school year calculated on a per-hour basis multiplied by the number of hours the teacher will teach STEM classes at a nonpublic school under the program multiplied by 1.25.

e. The grant program shall not infringe upon the collective bargaining agreement between the majority representative of the collective negotiations unit in which a participating eligible county college faculty member is a member and the county college for which the eligible county college faculty member is employed.

f. Any appropriation for the grant program made in a fiscal year that is not expended in that fiscal year shall be available to be used for the same purpose in the subsequent fiscal years.

g. Notwithstanding the provisions of N.J.S.18A:66-53.2 or any other law, rule, or regulation to the contrary, the cancellation, reenrollment, and additional retirement allowance provisions of subsection a. of N.J.S.18A:66-53.2 or any other similar provision of law related to other retirement systems or programs shall not apply to a former member of the Teachers’ Pension and Annuity Fund who is a teacher and who, after having been granted a retirement allowance, becomes employed for the purposes of the grant program established pursuant to section 2 of P.L.2019, c.256 (C.18A:6-138), except that the cancellation, reenrollment, and additional retirement allowance provisions shall apply if the former member becomes employed within 180 days with the employer from which the member retired. The former member’s retirement shall have been a bona fide retirement and any employment or reemployment under this section shall not be prearranged before retirement. This subsection shall be effective if the qualified status of the retirement system under federal law can be maintained upon its application, and such modifications to the system as may be available shall be made to allow for its application.

##### **§ 18A:6-140** Report. {#sec-18a-6-140 omnilex-key=us-nj-statutes--title-18a--18A:6-140}

4. At the conclusion of each school year, a nonpublic school participating in the grant program established pursuant to section 2 of P.L.2019, c.256 (C.18A:6-138) shall submit a report to the Commissioner of Education containing information on the school's implementation of the program. The report shall include, but need not be limited to, information regarding: (1) the days and classroom hours that the participating eligible teacher taught in the nonpublic school; (2) any scheduling obstacles that were encountered and how they were addressed; (3) any recommendations to improve the program and its effectiveness; and (4) any observational information pertinent to the program.

##### **§ 18A:6-141** Continuation of grant program. {#sec-18a-6-141 omnilex-key=us-nj-statutes--title-18a--18A:6-141}

5. The grant program established pursuant to section 2 of P.L.2019, c.256 (C.18A:6-138) shall remain operational for at least four years and shall continue thereafter until such time as the Commissioner of Education determines that the program is not effective in achieving its purposes and provides a report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), stating the reasons for his determination. The report shall contain information supporting the commissioner's determination that the program is not effective and shall provide recommendations regarding the establishment of new programs that would effectuate purposes similar to those of the grant program and which take into account access to STEM teachers at public schools and nonpublic schools. The report shall be submitted no later than April 1 of the fiscal year preceding the year in which the commissioner recommends ending the program. Nothing shall prohibit the commissioner from submitting a report to the Governor and the Legislature at any time which contains recommendations for improvements to the grant program.

##### **§ 18A:6-142** Definitions. {#sec-18a-6-142 omnilex-key=us-nj-statutes--title-18a--18A:6-142}

1. As used in this act:

"Foundational literacy instruction" means an evidence-based reading instruction practice that addresses the acquisition of language, phonological and phonemic awareness, phonics and spelling, fluency, vocabulary, oral language, and comprehension that may be differentiated to meet the needs of individual students.

"Reading proficiency" means the level at which a student scores on a universal literacy screening, diagnostic assessment, standardized summative assessment, or progress monitoring in relation to grade-level expectations.

"Screening period" means the time period required to conduct a universal literacy screening and determine screening results.

"Universal literacy screening" means a process conducted to gather information about the literacy skills of a student to identify or predict a student's risk of experiencing reading difficulties in order to inform instruction, differentiate targeted intervention, and determine if additional assessment is required.

##### **§ 18A:6-143** "Working Group on Student Literacy" established. {#sec-18a-6-143 omnilex-key=us-nj-statutes--title-18a--18A:6-143}

2. a. There is established in the Department of Education a Working Group on Student Literacy. The purpose of the working group shall be to provide recommendations to the department regarding the implementation of evidence-based literacy strategies, appropriate and reliable instruments for a universal literacy screening, and high-quality literacy instructional materials.

b. The working group shall consist of members appointed by the Commissioner of Education. The working group shall be composed of members representing the northern, central, and southern regions of the State, and shall include, but not be limited to:

(1) at least one member who is a parent of a student enrolled in a school district with expertise on how to meaningfully include parents on this topic; and

(2) literacy experts and practitioners with demonstrated success implementing evidenced-based literacy strategies, including:

(a) at least one member who has expertise working with students with disabilities;

(b) at least one member who has expertise working with multilingual learners;

(c) at least one member who is a current practitioner in grades preschool through grade three with specialized experience in foundational literacy instruction and intervention;

(d) at least one member who has expertise working with students with dyslexia;

(e) at least one member who is a certified school library media specialist;

(f) at least one member who is a representative from the public charter schools community; and

(g) at least one member who is a certified speech-language specialist.

c. Appointments to the working group shall be made within 60 days after the effective date of this act. The working group shall organize as soon as practicable, but no later than the 30th day after the members are appointed. Vacancies in the membership of the working group shall be filled in the same manner as the original appointments were made.

##### **§ 18A:6-144** Working Group on Student Literacy duties, recommendations. {#sec-18a-6-144 omnilex-key=us-nj-statutes--title-18a--18A:6-144}

3. a. It shall be the duty of the working group to examine and make recommendations to the Department of Education regarding the implementation of evidence-based literacy strategies, appropriate and reliable instruments for a universal literacy screening, and high-quality literacy instructional materials.

b. The recommendations shall include, but not be limited to, an examination of:

(1) the body of research related to universal literacy screenings and literacy instruction materials;

(2) ways to expand professional learning for universal literacy screenings;

(3) acceptable and reliable instruments for conducting universal literacy screenings, which shall consider: constructs measured, technical adequacy, attention to linguistic diversity, and administration usability and support; and

(4) State and national best practices, regulations, and policies that support successful foundational literacy instruction, assessment, and intervention.

##### **§ 18A:6-145** Develop, publish guidance, literacy. {#sec-18a-6-145 omnilex-key=us-nj-statutes--title-18a--18A:6-145}

4. a. The Department of Education shall, after consideration of the recommendations provided by the working group pursuant to section 3 of this act, develop and publish guidance for use by school districts beginning with the 2025-2026 school year regarding:

(1) acceptable and reliable instruments for conducting a universal literacy screening;

(2) high-quality literacy instructional materials;

(3) best practices for the frequency of screening students in grades kindergarten through three and grades four through 12; and

(4) data analysis strategies for high-quality literacy instruction and intervention.

b. The department shall disseminate the guidance developed pursuant to this section to school districts.

##### **§ 18A:6-146** Universal literacy screening. {#sec-18a-6-146 omnilex-key=us-nj-statutes--title-18a--18A:6-146}

5. a. A school district shall, at least twice annually, conduct a literacy screening of each student enrolled in kindergarten through grade three to determine a student's reading proficiency using an acceptable and reliable instrument for a universal literacy screening that complies with the guidance issued by the department pursuant to section 4 of this act within the limit of funds appropriated or otherwise made available to the district for this purpose.

b. Following the screening conducted pursuant to subsection a. of this section, a school district shall provide to the student any necessary supports as determined by the district, which may include conducting an additional screening. Supports shall be provided in a manner consistent with the district's intervention and referral services as required pursuant to State Board of Education regulations.

##### **§ 18A:6-147** Written notification, student results, universal literacy screening. {#sec-18a-6-147 omnilex-key=us-nj-statutes--title-18a--18A:6-147}

6. a. A school district shall provide written notification to a parent or guardian of a student's results of the universal literacy screening within 30 days of the close of the initial screening period conducted pursuant to subsection a. of section 5 of this act. The notification shall include the identification of a student's literacy screening score with a comparison to grade-level norms and information concerning the range of intervention and referral services supports, including, but not limited to, reading intervention supports available in the district to assist the student in meeting grade-level reading proficiency goals.

b. A school district shall report universal literacy screening data to the department in a manner and frequency determined by the Commissioner of Education in consultation with the working group established pursuant to section 2 of this act.

c. Nothing in this section shall be construed to preclude the screening requirements of P.L.2013, c.210 (C.18A:40-5.1 et seq.) or any other screening requirement of school districts established by any other law or regulation.

##### **§ 18A:6-148** Online resource center established. {#sec-18a-6-148 omnilex-key=us-nj-statutes--title-18a--18A:6-148}

7. The department shall establish an online resource center to aid school districts in the selection of evidence-based, high-quality literacy instructional materials, including data analysis tools, as part of the school district's implementation of the New Jersey Student Learning Standards in English Language Arts. The online resource center shall be consistent with the guidance developed by the department pursuant to section 4 of this act.

##### **§ 18A:6-149** Professional development program established, literacy instruction, Department of Education. {#sec-18a-6-149 omnilex-key=us-nj-statutes--title-18a--18A:6-149}

8. a. The Department of Education shall establish a professional development program regarding evidence-based foundational literacy instruction, which shall be available to all school districts at no cost. The program shall be made available to: teaching staff members serving students in preschool through grade six, including school library media specialists serving students in kindergarten through grade six; individuals serving multilingual learners and students with disabilities; and individuals holding an educational services certificate with a reading specialist endorsement, individuals holding an educational services certificate with an early literacy specialist endorsement, and individuals holding an educational services certificate with a speech-language specialist endorsement; and school administrators.

b. The program shall be differentiated by grade band. The program shall include, but is not limited to:

(1) for teaching staff members serving students in preschool through grade three:

(a) orthography;

(b) phonological and phonemic awareness;

(c) phonics;

(d) fluency; and

(e) vocabulary and comprehension;

(2) for teaching staff members serving students in grades four through six:

(a) the neurobiology of reading;

(b) advanced word study;

(c) fluency; and

(d) comprehension; and

(3) for school administrators: the design and implementation of high-quality literacy instruction in preschool through grade six.

##### **§ 18A:6-150** Professional development program, literacy, teaching staff. {#sec-18a-6-150 omnilex-key=us-nj-statutes--title-18a--18A:6-150}

9. a. A school district shall use the professional development program established pursuant to section 8 of this act or any other evidence-based literacy instructional material that complies with the requirements of section 8 of this act to annually provide professional development to all teaching staff members serving students in preschool through grade six, including school library media specialists serving students in kindergarten through grade six, individuals serving multilingual learners and students with disabilities, individuals holding an educational services certificate with a reading specialist endorsement, individuals holding an educational services certificate with an early literacy specialist endorsement, and individuals holding an educational services certificate with a speech-language specialist endorsement.

b. A school district shall use the professional development program established pursuant to section 8 of this act or any other evidence-based literacy instruction material that complies with the requirements of section 8 of this act to annually provide training to school administrators on the design and implementation of high-quality literacy instruction in schools.

c. A school district may utilize the professional development instruction provided pursuant to section 2 of P.L.2013, c.105 (C.18A:6-131) to satisfy the requirements of this section, provided the professional development instruction complies with the requirements of this section.

## **Chapter 7** {#struct-chapter-7}

##### **§ 18A:7-1** Appointment; qualifications; term of executive county superintendent. {#sec-18a-7-1 omnilex-key=us-nj-statutes--title-18a--18A:7-1}

a. The Governor, upon the recommendation of the commissioner and with the advice and consent of the Senate, shall appoint for each county, a suitable person, who holds an appropriate certificate issued pursuant to this title and who has been a resident of the State for at least three years immediately preceding 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. 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 sections 42 to 58 of P.L.2007, c.63 (C.18A:7-11 et al.), 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 at least one performance assessment during the three-year term. The performance of the superintendent shall be assessed by the Commissioner of Education based on the ability of the superintendent to monitor and promote 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 their monitoring 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, per-pupil administrative expenditures, and improved student educational outcomes.

##### **§ 18A:7-2** Disability or vacancy; designation of temporary replacement by commissioner. {#sec-18a-7-2 omnilex-key=us-nj-statutes--title-18a--18A:7-2}

The commissioner may designate any one of his assistant commissioners or another suitable person to exercise the powers and perform the duties of the executive county superintendent without additional compensation:

a. During any period when 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.

##### **§ 18A:7-3** Salary, cap; expenses. {#sec-18a-7-3 omnilex-key=us-nj-statutes--title-18a--18A:7-3}

An executive county superintendent of schools shall receive such salary as shall be approved by the commissioner and 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.

##### **§ 18A:7-4** Withholding salaries and expenses. {#sec-18a-7-4 omnilex-key=us-nj-statutes--title-18a--18A:7-4}

The commissioner shall, subject to appeal to the 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 board, until he shall have performed all of such duties.

##### **§ 18A:7-5** Full-time officer; general jurisdiction. {#sec-18a-7-5 omnilex-key=us-nj-statutes--title-18a--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.

##### **§ 18A:7-6** Office; location; school records. {#sec-18a-7-6 omnilex-key=us-nj-statutes--title-18a--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.

##### **§ 18A:7-7** Clerical assistants; selection; salaries. {#sec-18a-7-7 omnilex-key=us-nj-statutes--title-18a--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 11A, Civil Service, of the 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.

##### **§ 18A:7-8** General powers and duties. {#sec-18a-7-8 omnilex-key=us-nj-statutes--title-18a--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. Eliminate districts located in the county that are not operating schools on the effective date of P.L.2009, c.78 (C.18A:8-43 et al.), in accordance with a plan and schedule included in the plan submitted to and approved by the commissioner;

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 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. The review and approval of the employment contracts shall be according to standards adopted by the commissioner, provided that the standards shall not include maximum salary amounts for superintendents of schools;

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.

##### **§ 18A:7-8.1** Standards for review, approval of certain employment contracts. {#sec-18a-7-8.1 omnilex-key=us-nj-statutes--title-18a--18A:7-8.1}

3. The review and approval of the employment contracts of superintendents of schools, assistant superintendents, and school business administrators conducted by the executive county superintendent pursuant to subsection j. of N.J.S.18A:7-8 shall be consistent with the following standards:

a. Contracts for each class of administrative position shall be comparable with the salary, benefits, and other emoluments contained in the contracts of similarly credentialed and experienced administrators in other school districts in the region with similar enrollment, academic achievement levels and challenges, and grade span.

b. No contract shall include provisions inconsistent with the travel requirements established pursuant to section 15 of P.L.2007, c.53 (C.18A:11-12) and applicable regulations including, but not limited to, the provisions for mileage reimbursement and reimbursement for meals and lodging in New Jersey. Any contractual provision that is inconsistent with law shall be superseded by the law.

c. No contract shall include provisions for the reimbursement or payment of employee contributions that are either required by law or by a contract in effect in the school district with other teaching staff members, such as payment of the employee's State or federal taxes, or of the employee's contributions to FICA, Medicare, State pensions and annuities, life insurance, disability insurance, if offered, and health benefit costs.

d. No contract shall contain a payment as a condition of separation from service that is deemed by the executive county superintendent to be prohibited or excessive in nature. The payment shall not exceed the lesser of the calculation of three months' pay for every year remaining on the contract with proration for partial years, not to exceed 12 months, or the remaining salary amount due under the contract.

e. No contract shall include benefits that supplement or duplicate benefits that are otherwise available to the employee by operation of law, an existing group plan, or other means, such as an annuity or life insurance plan that supplements or duplicates a plan already made available to the employee. Notwithstanding the provisions of this subsection to the contrary, a contract may contain an annuity where benefits are already contained in the existing contract between that employee and the school district.

f. Contractual provisions regarding accumulation of sick leave and supplemental compensation for accumulated sick leave shall be consistent with the provisions of section 44 of P.L.2007, c.92 (C.18A:30-3.5) and section 3 of P.L.2010, c.3 (C.18A:30-3.6). Supplemental payment for accumulated sick leave shall be payable only at the time of retirement and shall not be paid to the individual's estate or beneficiaries in the event of the individual's death prior to retirement. Pursuant to N.J.S.18A:30-3.2, a new district board of education contract may include credit of unused sick leave days in accordance with the new district board of education's policy on sick leave credit for all employees.

g. Contractual provisions regarding accumulation of unused vacation leave and supplemental compensation for accumulated unused vacation leave shall be consistent with the provisions of section 46 of P.L.2007, c.92 (C.18A:30-9). Contractual provisions for payments of accumulated vacation leave prior to separation may be included but only for leave accumulated prior to June 8, 2007, and remaining unused at the time of payment. Supplemental payments for unused vacation leave accrued consistent with the provisions of section 46 of P.L.2007, c.92 (C.18A:30-9) after June 8, 2007 and unused vacation leave accumulated prior to June 8, 2007, that has not been paid, shall be payable at the time of separation and may be paid to the individual's estate or beneficiaries in the event of the individual's death prior to separation.

h. Contractual provisions that include a calculation of per diem for 12-month employees shall be based on a 260-day work year.

i. No provision for a merit bonus shall be made except where payment is contingent upon achievement of quantitative merit criterion or qualitative merit criterion:

(1) A contract may include no more than three quantitative merit criteria and two qualitative merit criteria per contract year.

(2) The executive county superintendent shall approve or disapprove the selection of quantitative merit and qualitative merit criteria and the data that forms the basis of measuring the achievement of quantitative merit and qualitative merit criteria.

(3) A contract may provide for merit bonuses in an amount not exceeding 3.33 percent of annual salary for each quantitative merit criterion achieved and 2.5 percent of annual salary for each qualitative merit criterion achieved. Any merit bonus shall be considered "extra compensation" for purposes of applicable regulations and shall not be cumulative.

(4) The district board of education shall submit to the executive county superintendent a resolution certifying that a quantitative merit criterion or a qualitative merit criterion has been satisfied and shall await confirmation of the satisfaction of that criterion from the executive county superintendent prior to payment of any merit bonus.

j. No provision for a bonus shall be made except where payment is contingent upon achievement of measurable specific performance objectives expressly contained in a contract approved pursuant to this subsection, where compensation is deemed reasonable relative to the established performance objectives and achievement of the performance objectives has been documented to the satisfaction of the district board of education.

k. No provision for payment at the time of separation or retirement shall be made for work not performed except as otherwise authorized pursuant to this section.

l. No contract shall include a provision for a monthly allowance except for a reasonable car allowance. A reasonable car allowance shall not exceed the monthly cost of the average monthly miles traveled for business purposes multiplied by the allowable mileage reimbursement pursuant to applicable law and regulation and the Office of Management and Budget circulars. If an allowance is included, the employee shall not be reimbursed for business travel mileage or assigned permanently a car for official school district business. Any provision of a car for official school district business shall conform with applicable regulations and shall be supported by detailed justification. No contract shall include a provision of a dedicated driver or chauffeur.

m. All superintendent contracts shall include the provision required pursuant to section 7 of P.L.2007, c.53 (C.18A:17-15.1), which states that in the event the superintendent's certificate is revoked, the contract is null and void.

n. No contract shall include a provision for additional compensation upon the acquisition of a graduate degree unless the graduate degree is conferred by a regionally accredited college or university as defined in applicable regulations. No contract shall include a provision for assistance, tuition reimbursement, or additional compensation for graduate school coursework unless the coursework culminates in the acquisition of a graduate degree conferred by a regionally accredited college or university as defined in applicable regulations.

##### **§ 18A:7-9** Administration of oaths without charge. {#sec-18a-7-9 omnilex-key=us-nj-statutes--title-18a--18A:7-9}

The executive county superintendent may, without charge, administer oaths.

##### **§ 18A:7-10** Budget requests; appropriations. {#sec-18a-7-10 omnilex-key=us-nj-statutes--title-18a--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.

##### **§ 18A:7-11** Executive county business official, term. {#sec-18a-7-11 omnilex-key=us-nj-statutes--title-18a--18A:7-11}

53. 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 three years. The executive county business official shall assist the executive county superintendent in the performance of the superintendent's duties pursuant to N.J.S.18A:7-8, and perform such other duties as determined by the commissioner. Based on criteria developed by the commissioner, the executive county business official shall be subject to a performance assessment at least once during the three-year term. The business official may be re-appointed on the basis of a satisfactory performance assessment.

##### **§ 18A:7-12** Application for services assumed by the office of the superintendent. {#sec-18a-7-12 omnilex-key=us-nj-statutes--title-18a--18A:7-12}

54. 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.

##### **§ 18A:7-13** Appointment of executive county superintendent of schools. {#sec-18a-7-13 omnilex-key=us-nj-statutes--title-18a--18A:7-13}

55. a. 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.

b. When the position of executive county business official is vacated through the completion of a current term or for any other reason, the commissioner shall appoint an executive county business official pursuant to section 53 of P.L.2007, c.63 (C.18A:7-11).

##### **§ 18A:7-14** Term county superintendent deemed to refer to executive county superintendent of schools. {#sec-18a-7-14 omnilex-key=us-nj-statutes--title-18a--18A:7-14}

56. 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.

##### **§ 18A:7-15** Limitation on post employment for executive county superintendent. {#sec-18a-7-15 omnilex-key=us-nj-statutes--title-18a--18A:7-15}

57. 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.

##### **§ 18A:7-16** Rules, regulations. {#sec-18a-7-16 omnilex-key=us-nj-statutes--title-18a--18A:7-16}

58. Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) or any other law to the contrary, the commissioner may adopt, immediately upon filing with the Office of Administrative Law, such rules and regulations as the commissioner deems necessary to implement the provisions of sections 42 to 58 of P.L.2007, c.63 (C.18A:7-11 et al.), which shall be effective for a period not to exceed 12 months following the effective date of P.L.2008, c.37 (C.18A:11-13 et al.). 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.

## **Chapter 7A** {#struct-chapter-7a}

##### **§ 18A:7A-3** Definitions. {#sec-18a-7a-3 omnilex-key=us-nj-statutes--title-18a--18A:7A-3}

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 indicators.

"Highly skilled professional" means a designee of the commissioner deemed to have the skills and experience necessary to assist a school district in improving its effectiveness or to provide oversight in a school district in one or more of the five key components of school district effectiveness.

"Joint Committee on the Public Schools" means the committee created pursuant to P.L.1975, c.16 (C.52:9R-1 et seq.).

"Technical assistance" means guidance and support provided to a school district to enable the district to meet State and federal policy and regulatory requirements and to ensure the provision of a thorough and efficient education. "Technical assistance" may include, but shall not be limited to, support of the teaching and learning process and overall school district effectiveness.

##### **§ 18A:7A-10** New Jersey Quality Single Accountability Continuum for evaluating school performance. {#sec-18a-7a-10 omnilex-key=us-nj-statutes--title-18a--18A:7A-10}

10. For the purpose of evaluating the thoroughness and efficiency of all the public schools of the State, the commissioner, with the approval of the State board and after review by the Joint Committee on the Public Schools, shall develop and administer the New Jersey Quality Single Accountability Continuum for evaluating the performance of each school district. The goal of the New Jersey Quality Single Accountability Continuum shall be to ensure that all districts are operating at a high level of performance. The system shall be based on an assessment of the degree to which the thoroughness and efficiency standards established pursuant to section 4 of P.L.2007, c.260 (C.18A:7F-46) are being achieved and an evaluation of school district capacity in the following five key components of school district effectiveness: instruction and program; personnel; fiscal management; operations; and governance. A school district's capacity and effectiveness shall be determined using quality performance indicators comprised of standards for each of the five key components of school district effectiveness. The quality performance indicators shall take into consideration a school district's performance over time, to the extent feasible. Based on a district's compliance with the indicators, the commissioner shall assess district capacity and effectiveness and place the district on a performance continuum that will determine the type and level of oversight and technical assistance and support the district receives.

##### **§ 18A:7A-11** Reports by school districts, commissioner; interim review. {#sec-18a-7a-11 omnilex-key=us-nj-statutes--title-18a--18A:7A-11}

11. Each school district and county vocational school district shall make a report of its progress in complying with all of the quality performance indicators adopted pursuant to section 10 of P.L.1975, c.212 (C.18A:7A-10) every three years, pursuant to a schedule to be established by the commissioner. In the years intervening between the district's three-year review, whenever the commissioner determines that conditions exist in a district that significantly and negatively impact the educational program or operations of the district, the commissioner may direct that the department immediately conduct a comprehensive review of the district. Nothing in this section shall preclude the commissioner, in his discretion, from conducting a random review of a school district to assess the district's compliance with the quality performance indicators.

The district reports shall be submitted to the commissioner on a date and in such form as prescribed by the commissioner, who shall make them the basis for an annual report to the Governor and the Legislature, describing the condition of education in New Jersey, the efforts of New Jersey schools in meeting the standards of a thorough and efficient education, the steps underway to correct deficiencies in school performance, and the progress of New Jersey schools in comparison to other state education systems in the United States.

##### **§ 18A:7A-11.1** Postponement of comprehensive review {#sec-18a-7a-11.1 omnilex-key=us-nj-statutes--title-18a--18A:7A-11.1}

1. a. (1) Notwithstanding the provisions of section 11 of P.L.1975, c.212 (C.18A:7A-11) or any other section of law to the contrary, the Department of Education shall postpone the comprehensive review under the New Jersey Quality Single Accountability Continuum of any school district that :

(a) is required to undergo a comprehensive review in the 2020-2021 school year; and

(b) was designated as a high performing district pursuant to section 14 of P.L.1975, c.212 (C.18A:7A-14) in the school district's most recent comprehensive review.

(2) Notwithstanding the provisions of this subsection to the contrary, the Commissioner of Education shall permit a school district that is subject to the postponement of a comprehensive review under paragraph (1) of this subsection to undergo a comprehensive review in the 2020-2021 school year, upon request by the school district. A school district that undergoes a comprehensive review in the 2020-2021 school year pursuant to this paragraph shall undergo its next comprehensive review three years after the 2020-2021 school year.

b. If the comprehensive review of a school district is postponed under paragraph (1) of subsection a. of this section, then the school district shall undergo its next comprehensive review three years after the school year in which its comprehensive review was originally scheduled to take place.

c. A school district that is required to undergo a comprehensive review in the 2020-2021 school year and was not designated as a high performing district pursuant to section 14 of P.L.1975, c.212 (C.18A:7A-14) in the school district's most recent comprehensive review shall undergo a comprehensive review under the New Jersey Quality Single Accountability Continuum in the 2020-2021 school year, except that such a district may postpone its comprehensive review until the 2021-2022 school year if the district provides written notification to the Commissioner of Education that it is not able to complete the review due to the impacts of the COVID-19 pandemic.

d. If a school district postpones its comprehensive review until the 2021-2022 school year pursuant to subsection c. of this section, then the school district shall undergo its next following comprehensive review three years after the school year in which its comprehensive review was originally scheduled to take place.

##### **§ 18A:7A-13** Biennial message of Governor to legislature {#sec-18a-7a-13 omnilex-key=us-nj-statutes--title-18a--18A:7A-13}

Thereafter, the Governor shall deliver a biennial message to the Legislature on the progress of New Jersey's schools in providing a thorough and efficient education and recommending legislative action, if appropriate.

##### **§ 18A:7A-14** Review, evaluation of reports, performance continuum placement, procedure. {#sec-18a-7a-14 omnilex-key=us-nj-statutes--title-18a--18A:7A-14}

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, including student assessment data, determine where on the performance continuum the district shall be placed. The commissioner, through collaboration, shall establish a mechanism for parent, school employee and community resident input into the review process. If the commissioner finds that a school district or county vocational school district satisfies 80 percent to 100 percent of the quality performance indicators in each of the five key components of school district effectiveness, the commissioner shall issue to the district a letter of recognition designating the district as a high performing district, provided that the district has submitted to the department a statement of assurance which attests that the contents of the report are valid. The commissioner shall recommend that the State board certify the school district for a period of three years as providing a thorough and efficient system of education, contingent on continued progress in meeting the quality performance indicators.

b. If a school district satisfies 50 percent to 79 percent of the quality performance indicators in any of the five key components of school district effectiveness, the commissioner shall require the district to develop an improvement plan to address the quality performance indicators with which the district has not complied and to increase district capacity through the provision of technical assistance and other measures designed to meet the district's needs. The improvement plan shall be submitted to and approved by the commissioner. In accordance with the improvement plan, the commissioner shall provide technical assistance to the district. If necessary, the commissioner may authorize an in-depth evaluation of the district to determine the causes for the district's noncompliance with the quality performance indicators.

The commissioner shall review the district's progress in implementing the improvement plan not less than every six months. If the commissioner finds, based on those reviews, that after two years the district has not satisfied 80 to 100 percent of the quality performance indicators in each of the five key components of school district effectiveness, the commissioner may require the district to amend the improvement plan. The amended plan shall be submitted to the commissioner for approval.

If a district effectively implements its improvement plan and is able to satisfy 80 to 100 percent of the quality performance indicators in each of the five key components of school district effectiveness through the interventions set forth in this subsection, the commissioner shall issue the district a letter of recognition designating the district as a high performing district. The commissioner shall recommend that the State board certify the school district for a period of three years as providing a thorough and efficient system of education, contingent on continued progress in meeting the quality performance indicators. If the district has not effectively implemented its improvement plan and has not satisfied 80 to 100 percent of the quality performance indicators in each of the five key components of school district effectiveness through the interventions set forth in this subsection, the commissioner shall issue the district a letter detailing the areas in which the district remains deficient.

c. (1) If a school district satisfies less than 50 percent of the quality performance indicators in four or fewer of the five key components of school district effectiveness, the commissioner shall authorize an in-depth evaluation of the district's performance and capacity unless the commissioner determines that a comprehensive evaluation of the district by or directed by the department has occurred within the last year. Based on the findings and recommendations of that evaluation, the district, in cooperation with the department, shall develop an improvement plan to address the quality performance indicators with which the district has not complied and to increase district capacity through the provision of technical assistance and other measures designed to meet the district's needs. The improvement plan shall be submitted to the commissioner for approval. Upon approval, the commissioner shall provide the district with the technical assistance outlined in the plan and shall assure that the district's budget provides the resources necessary to implement the improvement plan.

The commissioner shall review the district's progress in implementing the improvement plan not less than every six months. The reviews shall include an on-site visit. If the commissioner finds, based on those reviews, that after two years the district has not satisfied at least 50% of the quality performance indicators in each of the key components of school district effectiveness, the commissioner may require the district to amend the improvement plan. The amended plan shall be submitted to the commissioner for approval.

Nothing in this paragraph shall be construed to prohibit the State board from directing the district to enter partial State intervention prior to the expiration of the two-year period.

(2) The district's improvement plan may include the appointment by the commissioner of one or more highly skilled professionals to provide technical assistance to the district in the areas in which it has failed to satisfy the quality performance indicators. Each highly skilled professional shall work collaboratively with the district to increase local capacity in the areas of need identified in the improvement plan. The cost for the compensation of the highly skilled professionals shall be a shared expense of the school district and the State, with the State assuming one-half of the cost and the school district being responsible for one-half of the cost.

(3) If the district satisfies less than 50% of the quality performance indicators in one to four of the five key components of school district effectiveness, the commissioner may also order the district board of education to show cause why an administrative order placing the district under partial State intervention should not be implemented. The plenary hearing before a judge of the Office of Administrative Law pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), upon said order to show cause, shall be conducted on an expedited basis and in the manner prescribed by subdivision B of article 2 of chapter 6 of Title 18A of the New Jersey Statutes. In the proceeding the State shall have the burden of showing that the recommended administrative order is not arbitrary, unreasonable or capricious.

If, after a plenary hearing, the commissioner determines that it is necessary to take corrective action, the commissioner shall have the power to order necessary budgetary changes within the district or other measures the commissioner deems appropriate to establish a thorough and efficient system of education.

If the board fails to show cause why an administrative order placing the district under partial State intervention should not be implemented, the commissioner shall recommend to the State board that it issue an order placing the district under partial State intervention. Notwithstanding any other provision of law to the contrary and upon its determining that the school district is not providing a thorough and efficient system of education, the State board may place the district under partial State intervention. Nothing herein shall limit the right of any party to appeal the State board's order to the Superior Court, Appellate Division.

(4) If the position of superintendent of schools is vacant in a district under partial State intervention, the State board upon the recommendation of the commissioner may appoint a superintendent who shall serve for an initial period not to exceed two years.

(5) In addition to the highly skilled professionals appointed pursuant to paragraph (2) of this subsection to provide technical assistance to the district in implementing its improvement plan, the commissioner, in consultation with the local board of education, may appoint one or more highly skilled professionals in a district under partial State intervention to provide direct oversight in the district regarding the quality performance indicators with which the district has failed to comply. The highly skilled professional shall represent the interests of the commissioner in all matters relating to the component of school district effectiveness that is under intervention and over which the highly skilled professional is providing direct oversight. The powers and authorities of the highly skilled professional shall include, but not be limited to:

(a) overseeing the operations of the district in the area of intervention over which the highly skilled professional is assigned to provide direct oversight;

(b) ensuring the development and implementation of the district improvement plan with respect to the area over which the highly skilled professional is assigned to provide direct oversight;

(c) overriding a chief school administrator's action and a vote by the board of education regarding matters under direct oversight of the highly skilled professional;

(d) attending all meetings of the board of education, including closed sessions; and

(e) obligating district funds for matters relating to the area under State intervention over which the highly skilled professional is providing direct oversight.

In the event that there is a need to hire, promote, or terminate employees working in the area of intervention over which the highly skilled professional is assigned to provide direct oversight, the hiring, promotion, and termination of those employees shall be determined by the State board upon the recommendation of the commissioner.

The highly skilled professional shall work collaboratively with the superintendent, the board of education and the employees of the district working in the area of the oversight to address areas identified in the improvement plan.

When the commissioner appoints more than one highly skilled professional in a district under partial State intervention, he shall delineate the scope and extent of authority of each highly skilled professional appointed and shall establish a decision-making hierarchy for the highly skilled professionals and personnel in the district. The highly skilled professional shall report directly to the commissioner or his designee on a bi-weekly basis and shall report monthly to the board of education and members of the public at the regularly scheduled board of education meeting. The salary of a highly skilled professional appointed pursuant to this paragraph shall be fixed by the commissioner and adjusted from time to time as the commissioner deems appropriate. The cost of the salaries of the highly skilled professionals shall be a shared expense of the school district and the State, with the State assuming one-half of the cost and the school district being responsible for one-half of the cost. For the purpose of the New Jersey Tort Claims Act, N.J.S.59:1-1 et seq., the highly skilled professional appointed pursuant to this paragraph shall be considered a State officer.

(6) With the State board's approval the commissioner may appoint up to three additional members to the board of education of a district under partial State intervention. The board of education's membership shall remain increased by these additional seats until the State withdraws from intervention. If the commissioner appoints three additional members pursuant to this paragraph, the commissioner shall appoint one of these additional members from a list of three candidates provided by the local governing body of the municipality in which the school district is located. The commissioner shall make every effort to appoint residents of the district. A board member appointed by the commissioner shall be a nonvoting member of the board and shall have all the other rights, powers and privileges of a member of the board. A board member appointed by the commissioner shall report to the commissioner on the activities of the board of education and shall provide assistance to the board of education on such matters as deemed appropriate by the commissioner, including, but not limited to, the applicable laws and regulations governing specific school board action. A member appointed by the commissioner shall serve for a term of two years. The commissioner shall obtain approval of the State board for any extension of the two-year term. Any vacancy in the membership appointed by the commissioner shall be filled in the same manner as the original appointment.

If a board of education is subject to additional appointments pursuant to section 67 of P.L.2002, c.43 (C.52:27BBB-63), then the provisions of this paragraph shall not be applicable during the period in which the board is subject to those appointments.

Six months following the district being placed under partial State intervention, the commissioner shall determine whether or not the board members he has appointed shall become voting members of the board of education. If the commissioner determines that the board members he has appointed shall become voting members, the school district shall have 30 days to appeal the commissioner's determination to the State Board of Education.

(7) Based on the district's success in implementing its improvement plan, the commissioner shall make a determination to withdraw from intervention in one or more of the areas that have been under State intervention, to leave one or more areas under State intervention or to recommend to the State Board of Education that the district be placed under full State intervention.

If the commissioner determines that the district has successfully implemented the improvement plan and achieved sufficient progress in satisfying the performance indicators in one or more areas under intervention, the State shall withdraw from intervention in the district in those areas.

d. (Deleted by amendment, P.L.2005, c.235.)

e. (1) If a school district satisfies less than 50 percent of the quality performance indicators in each of the five key components of school district effectiveness, the commissioner shall authorize an in-depth evaluation of the district's performance and capacity, unless the commissioner determines that a comprehensive evaluation of the district by or directed by the department has occurred within the last year. Based on the findings and recommendations of that evaluation, the district, in cooperation with the department, shall develop an improvement plan to address the quality performance indicators with which the district has not complied and to increase district capacity through the provision of technical assistance and other measures designed to meet the district's needs. The improvement plan shall be submitted to the commissioner for approval. Upon approval, the commissioner shall provide the district with the technical assistance outlined in the plan and shall assure that the district's budget provides the resources necessary to implement the improvement plan.

The commissioner shall review the district's progress in implementing the improvement plan not less than every six months. The reviews shall include an on-site visit. If the commissioner finds, based on those reviews, that after two years the district has not satisfied at least 50% of the quality performance indicators in each of the key components of school district effectiveness, the commissioner may require the district to amend the improvement plan. The amended plan shall be submitted to the commissioner for approval.

Nothing in this paragraph shall be construed to prohibit the State board from directing the district to enter full State intervention prior to the expiration of the two-year period.

(2) The district's improvement plan may include the appointment by the commissioner of one or more highly skilled professionals to provide technical assistance to the district in the areas in which it has failed to satisfy the quality performance indicators. Each highly skilled professional shall work collaboratively with the district to increase local capacity in the areas of need identified in the improvement plan. The cost for the compensation of the highly skilled professionals shall be a shared expense of the school district and the State, with the State assuming one-half of the cost and the school district being responsible for one-half of the cost.

##### **§ 18A:7A-14a** Findings, declarations relative to school district evaluation and monitoring. {#sec-18a-7a-14a omnilex-key=us-nj-statutes--title-18a--18A:7A-14a}

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 public schools;

b. The breadth and scope of such a system are defined by the Legislature through the commissioner and the State board pursuant to P.L.2007, c.260 (C.18A:7F-43 et al.) so as to insure quality educational programs for all children;

c. It is imperative that the program in every school district in this State includes all of the major elements identified as essential for that system consistent with standards adopted pursuant to section 10 of P.L.1975, c.212 (C.18A:7A-10);

d. It is the responsibility of the State to insure that any school district which is shown to be deficient in one or more of these major elements takes corrective actions without delay in order to remedy those deficiencies;

e. This responsibility can be fulfilled, in addition to the mechanism for ensuring compliance established pursuant to section 6 of P.L.1996, c.138 (C.18A:7F-6), through an effective and efficient system of evaluation and monitoring which will insure quality and comprehensive instructional programming in every school district and provide for immediate and direct corrective action to insure that identified deficiencies do not persist, and which does so within the context of the maximum of local governance and management and the minimum of paperwork and unnecessary procedural requirements.

##### **§ 18A:7A-15** Hearing on State intervention, corrective action; full State intervention; withdrawal. {#sec-18a-7a-15 omnilex-key=us-nj-statutes--title-18a--18A:7A-15}

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 administrative order placing the district under full State intervention should not be implemented. The plenary hearing before a judge of the Office of Administrative Law, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), upon said order to show cause, shall be conducted on an expedited basis and in the manner prescribed by subdivision B of article 2 of chapter 6 of Title 18A of the New Jersey Statutes. In the proceeding the State shall have the burden of showing that the recommended administrative order is not arbitrary, unreasonable or capricious.

If, after a plenary hearing, the commissioner determines that it is necessary to take corrective action, the commissioner shall have the power to order necessary budgetary changes within the district or other measures the commissioner deems appropriate to establish a thorough and efficient system of education.

If the board fails to show cause why an administrative order placing the district under full State intervention should not be implemented, the commissioner shall recommend to the State board that it issue an order placing the district under full State intervention. Notwithstanding any other provision of law to the contrary and upon its determining that the school district is not providing a thorough and efficient system of education, the State board may place the district under full State intervention. Nothing herein shall limit the right of any party to appeal the State board's order to the Superior Court, Appellate Division.

b. In districts under full State intervention the State board, upon the recommendation of the commissioner, may appoint a State district superintendent to serve for an initial term not to exceed three years.

c. In addition to the highly skilled professionals appointed pursuant to paragraph (2) of subsection e. of section 14 of P.L.1975, c.212 (C.18A:7A-14), to provide technical assistance to the district in implementing its improvement plan, the commissioner, in consultation with the local board of education, may appoint one or more highly skilled professionals in a district under full State intervention to provide direct oversight in the district regarding the quality performance indicators with which the district has failed to comply. The highly skilled professional shall represent the interests of the commissioner in all matters relating to the component of school district effectiveness that is under the intervention and over which the highly skilled professional is providing direct oversight. The powers and authorities of the highly skilled professional shall include, but not be limited to:

(1) overseeing the operations of the district in the area of intervention over which the highly skilled professional is assigned to provide direct oversight;

(2) ensuring the development and implementation of the district improvement plan with respect to the area over which the highly skilled professional is assigned to provide direct oversight;

(3) overriding a chief school administrator's action and a vote by the board of education regarding matters under direct oversight of the highly skilled professional;

(4) attending all meetings of the board of education, including closed sessions; and

(5) obligating district funds for matters relating to the area under State intervention over which the highly skilled professional is providing direct oversight.

The highly skilled professional shall work collaboratively with the superintendent or the State district superintendent, as applicable, the board of education and the employees of the district working in the area of the oversight to address areas identified in the improvement plan.

When the commissioner appoints more than one highly skilled professional in a district under full State intervention, he shall delineate the scope and extent of authority of each highly skilled professional appointed and shall establish a decision-making hierarchy for the highly skilled professionals, district personnel and the State district superintendent, if applicable. The highly skilled professional shall report directly to the commissioner or his designee on a bi-weekly basis and shall report monthly to the board of education and members of the public at the regularly scheduled board of education meeting. The salary of the highly skilled professional appointed pursuant to this paragraph shall be fixed by the commissioner and adjusted from time to time as the commissioner deems appropriate. The cost of the salaries of the highly skilled professionals shall be a shared expense of the school district and the State, with the State assuming one-half of the cost and the school district being responsible for one-half of the cost. For the purpose of the New Jersey Tort Claims Act, N.J.S.59:1-1 et seq., the highly skilled professional appointed pursuant to this paragraph shall be considered a State officer.

d. If the district has successfully implemented the improvement plan and achieved sufficient progress in satisfying the performance indicators in one or more areas under intervention, the State shall withdraw from intervention in the district in those areas in accordance with the provisions of section 16 of P.L.1987, c.399 (C.18A:7A-49).

##### **§ 18A:7A-15.1** Authority of State board. {#sec-18a-7a-15.1 omnilex-key=us-nj-statutes--title-18a--18A:7A-15.1}

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 commissioner create a school district under full State intervention; and

c. appoint, upon recommendation of the commissioner, a State district superintendent of schools to direct the operations of the district in accordance with the improvement plan established pursuant to section 14 of P.L.1975, c.212 (C.18A:7A-14).

##### **§ 18A:7A-16** Failure or refusal to comply with administrative order; application to court for order directing compliance {#sec-18a-7a-16 omnilex-key=us-nj-statutes--title-18a--18A:7A-16}

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 to the Superior Court by a proceeding in lieu of prerogative writ for an order directing the local school board to comply with such administrative order.

##### **§ 18A:7A-29** Powers of state board, commissioner or local boards; effect of act {#sec-18a-7a-29 omnilex-key=us-nj-statutes--title-18a--18A:7A-29}

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 provided herein.

##### **§ 18A:7A-30** State board of education; powers and duties {#sec-18a-7a-30 omnilex-key=us-nj-statutes--title-18a--18A:7A-30}

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 are necessary for the proper administration of this act.

##### **§ 18A:7A-31.2** Report on order to establish school district under full State intervention. {#sec-18a-7a-31.2 omnilex-key=us-nj-statutes--title-18a--18A:7A-31.2}

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), the commissioner shall immediately inform the Joint Committee on the Public Schools of that administrative order, and shall advise the committee as to the causes of the district's failure to achieve the requisite compliance with the quality performance indicators.

##### **§ 18A:7A-31.3** Improvement plan; report on progress; monitoring. {#sec-18a-7a-31.3 omnilex-key=us-nj-statutes--title-18a--18A:7A-31.3}

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 district.

b. On an annual basis the commissioner shall provide a report to the committee on the progress made in the implementation of the improvement plan and the prospects for the State's withdrawal from intervention.

c. The Joint Committee on the Public Schools, in cooperation with the commissioner, may develop a plan for monitoring the administration of a school district under full State intervention and the implementation of the improvement plan. The plan developed by the committee shall include provisions for independent documentation and assessment.

##### **§ 18A:7A-32** Severability {#sec-18a-7a-32 omnilex-key=us-nj-statutes--title-18a--18A:7A-32}

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, sentence, paragraph, subdivision, subsection or section thereof directly involved in the controversy in which said judgment shall have been rendered.

##### **§ 18A:7A-33** Repeals {#sec-18a-7a-33 omnilex-key=us-nj-statutes--title-18a--18A:7A-33}

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 specifically repealed:

N.J.S. 18A:13-22

N.J.S. 18A:13-25

N.J.S. 18A:38-2.1

N.J.S. 18A:58-1 to 18A:58-5.4, inclusive

P.L.1968, c. 340 (C. 18A:58-5.5)

P.L.1973, c. 224 (C. 18A:58-5.6)

P.L.1970, c. 234, s. 9 (C. 18A:58-6.3)

N.J.S. 18A:58-8

N.J.S. 18A:58-10

N.J.S. 18A:58-13

P.L.1970, c. 234, s. 15 (C. 18A:58-18.1)

N.J.S. 18A:58-20 to 18A:58-24, inclusive

N.J.S. 18A:58-27

P.L.1968, c. 289, s. 1 (C. 18A:58-27.1)

N.J.S. 18A:58-29

N.J.S. 18A:58-30 to 18A:58-31, inclusive

N.J.S. 18A:58-33 to 18A:58-33.1, inclusive.

##### **§ 18A:7A-34** Creation of school district under full State intervention. {#sec-18a-7a-34 omnilex-key=us-nj-statutes--title-18a--18A:7A-34}

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 Board of Education may issue an administrative order as set forth in section 15 of P.L.1975, c.212 (C.18A:7A-15) which shall create a school district under full State intervention. The school district under full State intervention shall become effective immediately upon issuance of the administrative order by the State board.

##### **§ 18A:7A-35** State district superintendent. {#sec-18a-7a-35 omnilex-key=us-nj-statutes--title-18a--18A:7A-35}

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 individual selected shall be qualified by training and experience for the particular district and shall work collaboratively with any highly skilled professionals appointed by the commissioner, in consultation with the local board of education.

The State board may, upon the recommendation of the commissioner, choose to retain the person who holds the position of superintendent of schools in the school district at the time the State board issues the administrative order pursuant to section 15 of P.L.1975, c.212 (C.18A:7A-15). If the State board chooses to retain the superintendent of schools, the person shall have the powers and duties of a State district superintendent of schools and shall comply with the directives of the commissioner or his designee, including any highly skilled professional appointed by the commissioner.

b. If the State board appoints a State district superintendent the appointment shall be for an initial term not to exceed three years. Notwithstanding any other provision of law, no person so appointed shall acquire tenure nor shall the commissioner, with approval of the State board, be precluded from terminating the superintendent's services pursuant to the terms of the superintendent's individual contract of employment. For the purpose of the New Jersey Tort Claims Act, N.J.S.59:1-1 et seq., the State district superintendent shall be considered a State officer.

c. The salary of the State district superintendent shall be fixed by the commissioner and adjusted from time to time as the commissioner deems appropriate. The cost for said salary and for the salaries of all persons appointed pursuant to this amendatory and supplementary act, except the highly skilled professionals, shall be an expense of the local school district.

d. The State district superintendent shall perform such duties and possess such powers as deemed appropriate by the commissioner.

e. Except as otherwise provided in this amendatory and supplementary act, the State district superintendent shall have the power to perform all acts and do all things that the commissioner deems necessary for the proper conduct, maintenance and supervision of the schools in the district.

f. The State district superintendent may, if deemed appropriate by the commissioner, make, amend and repeal district rules, policies and guidelines, not inconsistent with law for the proper conduct, maintenance and supervision of the schools in the district.

g. The State district superintendent shall provide in each school a mechanism for parent, teacher and community involvement. In addition, the State district superintendent shall provide for at least one public meeting in both the fall and the spring semesters to advise parents and members of the community on the activities within the district and to provide an opportunity for those parents, teachers and community members who wish to be heard. The meetings shall be at such times and places as to ensure maximum public participation.

h. The State district superintendent shall ensure that the district is in compliance with all federal and State laws, rules and regulations relating to equal employment opportunities, affirmative action and minority business opportunities.

##### **§ 18A:7A-36** Certificate required {#sec-18a-7a-36 omnilex-key=us-nj-statutes--title-18a--18A:7A-36}

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.

##### **§ 18A:7A-37** Corporate entity. {#sec-18a-7a-37 omnilex-key=us-nj-statutes--title-18a--18A:7A-37}

4. A school district placed under full or partial State intervention shall remain a corporate entity.

##### **§ 18A:7A-38** Permissive powers of State district superintendent. {#sec-18a-7a-38 omnilex-key=us-nj-statutes--title-18a--18A:7A-38}

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 State board; and

b. Perform all acts and do all things, consistent with law and the rules of the State board, necessary for the lawful and proper conduct, equipment and maintenance of the public schools of the district.

##### **§ 18A:7A-39** Authority of State district superintendent. {#sec-18a-7a-39 omnilex-key=us-nj-statutes--title-18a--18A:7A-39}

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 manner provided by law;

(2) Cause a report of the condition of the public schools and the public school property and an itemized account of the condition of the finances of the district to be printed and published as soon as practicable after the close of each school year; and

(3) Cause an exact census to be taken annually of all children residing in the district between the ages of five and 18 years, including such other information as he or she may deem necessary or proper and appoint, for the purpose of taking that census, as many suitable persons as may be necessary to act as enumerators and fix their compensation, which compensation shall be paid as a current expense.

b. A school district under full State intervention may be sued under its corporate name.

c. School districts under full State intervention may join with local boards of education for the purpose of affording the districts those benefits which may accrue pursuant to P.L.1983, c.108 (C.18A:18B-1 et seq.).

d. A school district under full State intervention shall be subject to all provisions of chapter 19 of Title 18A of the New Jersey Statutes except that all warrants for claims or expenditures approvable by a district board of education or any action required of a district board of education pursuant to chapter 19 may be authorized by the State district superintendent.

e. Authority for the implementation of any provision of chapter 20 of Title 18A of the New Jersey Statutes relative to the acquisition and disposition of property which requires action by a district board of education may, in a school district under full State intervention, be exercised by the State district superintendent.

f. The authority and powers vested in boards of education by chapter 21 of Title 18A of the New Jersey Statutes may in a school district under full State intervention be vested in the State district superintendent.

g. School districts under full State intervention shall be subject to all requirements set forth in chapter 18A of Title 18A of the New Jersey Statutes except that such determination as may be required of a district board of education by the provisions of said law may be rendered by the State district superintendent.

##### **§ 18A:7A-40** Collective bargaining agreements. {#sec-18a-7a-40 omnilex-key=us-nj-statutes--title-18a--18A:7A-40}

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), collective bargaining agreements entered into by the school district shall remain in force, except where otherwise expressly provided in P.L.1987, c.399 (C.18A:7A-34 et seq.).

b. Except where otherwise expressly provided in P.L.1987, c.399 (C.18A:7A-34 et seq.), all teaching staff members and other employees of a district under full State intervention shall retain and continue to acquire all rights and privileges acquired pursuant to Title 18A of the New Jersey Statutes. After the State withdraws from intervention, the board shall preserve and recognize all rights and privileges acquired prior to and during the State intervention in the district.

##### **§ 18A:7A-41** Internal audit team. {#sec-18a-7a-41 omnilex-key=us-nj-statutes--title-18a--18A:7A-41}

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 appropriate by the commissioner. The cost of providing this internal audit function shall be borne by the State.

##### **§ 18A:7A-42** Officers, employees, consultants. {#sec-18a-7a-42 omnilex-key=us-nj-statutes--title-18a--18A:7A-42}

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 the improvement plan which has been approved by the commissioner. In accordance with that plan:

(1) The State district superintendent may appoint, transfer and remove clerks, pursuant to the provisions of Title 11A (Civil Service) of the New Jersey Statutes and the provisions of N.J.S.18A:17-1 et seq.

(2) The State district superintendent, subject to the approval of the commissioner, shall appoint and set the salaries of such State assistant superintendents as the superintendent shall deem necessary and assign to them their duties and responsibilities. No State assistant superintendent shall acquire tenure, notwithstanding any other provision of law.

(3) The State district superintendent of schools shall, subject to the approval of the commissioner or his designee, make all personnel determinations relative to employment, transfer and removal of all officers and employees, professional and nonprofessional, except that the services of the district auditor or auditors and attorney or attorneys shall be immediately terminated by creation of a school district under full State intervention.

b. The State district superintendent may delegate to subordinate officers or employees in the district any of his powers and duties as he may deem desirable to be exercised under his supervision and direction.

##### **§ 18A:7A-43** Tenure rights. {#sec-18a-7a-43 omnilex-key=us-nj-statutes--title-18a--18A:7A-43}

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 section. However, they shall perform only such duties as prescribed in the improvement plan which has been approved by the commissioner and those duties for which they may be appropriately certified.

##### **§ 18A:7A-44** Abolition of administrative positions; reorganization. {#sec-18a-7a-44 omnilex-key=us-nj-statutes--title-18a--18A:7A-44}

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 personnel may be abolished upon creation of the school district under full State intervention. The affected individuals shall be given 60 days' notice of termination or 60 days' pay. The notice or payment shall be in lieu of any other claim or recourse against the employing board or the school district based on law or contract. Any individual whose position is abolished by operation of this subsection shall be entitled to assert a claim to any position or to placement upon a preferred eligibility list for any position to which the individual may be entitled by virtue of tenure or seniority within the district. No individual whose position is abolished by operation of this subsection shall retain any right to tenure or seniority in the positions abolished herein.

b. Within 180 days of the establishment of the school district under full State intervention, the State district superintendent may prepare a reorganization of the district's central administrative and supervisory staff and may evaluate all individuals employed in central administrative and supervisory staff positions. The State district superintendent may implement the reorganization on the July 1 next following its preparation, unless otherwise directed by the commissioner. The State district superintendent shall retain the authority to prepare a reorganization and to evaluate all employed individuals after the expiration of the 180-day period.

c. Notwithstanding any other provision of law or contract, the positions of the central administrative and supervisory staff, instructional and noninstructional, other than those positions abolished pursuant to subsection a. of this section, may be abolished upon the reorganization of the staff of the school district under full State intervention. The State district superintendent may hire an individual whose position is so abolished, based upon the evaluation of the individual and the staffing needs of the reorganized district staff. These individuals shall be hired with tenure if they had tenure in their prior position. If they did not have tenure in their prior position, they may obtain tenure pursuant to the provisions of N.J.S.18A:28-6. Individuals hired as State assistant superintendents shall not be hired with tenure and shall not acquire tenure. Employees or officers not hired for the reorganized staff shall be given 60 days' notice of termination or 60 days' pay. The notice or payment shall be in lieu of any other claim or recourse against the employing board or the school district based on law or contract. Notwithstanding this limitation, nothing herein shall preclude an individual from asserting upon separation from service any legal contractual right to health care coverage, annuities, accrued vacation days, accrued sick leave, insurance and approved tuition costs. Any employee whose position is abolished by operation of this subsection shall be entitled to assert a claim to any position or to placement upon a preferred eligibility list for any position to which the employee may be entitled by virtue of tenure or seniority within the district. No employee whose position is abolished by operation of this subsection shall retain any right to tenure or seniority in the positions abolished herein.

##### **§ 18A:7A-45** Evaluation of principals, vice-principals. {#sec-18a-7a-45 omnilex-key=us-nj-statutes--title-18a--18A:7A-45}

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 may establish an assessment unit to conduct on-site evaluations of each building principal and vice-principal in accordance with the criteria established by the commissioner and render evaluation reports to the State district superintendent. No less than three evaluations shall be performed for each building principal and vice-principal within 18 months following the establishment of the school district under full State intervention. All personnel records for building principals and vice-principals prepared before the establishment of the district under full State intervention shall be sealed upon issuance of the State Board of Education order establishing the school district under full State intervention.

c. Notwithstanding any other provision of law or contract, the State district superintendent, after completion of an assessment cycle of not less than 12 months, may dismiss any tenured building principal or vice-principal for inefficiency, incapacity, unbecoming conduct or other just cause as defined by the criteria for principal or vice-principal performance in districts under full State intervention established by the commissioner pursuant to subsection a. of this section. Nothing herein shall preclude the dismissal of a tenured building principal or vice-principal prior to the completion of an assessment cycle of not less than 12 months if the basis for the dismissal is incapacity or unbecoming conduct. All dismissals of tenured building principals or vice-principals shall be conducted in accordance with the procedures set forth in sections 10, 11, 13, 14, 16 and 17 of chapter 6 of Title 18A of the New Jersey Statutes, except that the State district superintendent shall act as the board of education in all respects.

d. The commissioner and the Office of Administrative Law are empowered and directed to take any necessary action to expedite hearings for dismissal of tenured principals or vice-principals, including relaxation of any time requirements established by law or practice. In no event shall a hearing commence later than 45 days after certification of charges. Hearings shall be completed within 45 days of commencement. In no event shall a final decision be issued later than 120 days following the certification of charges.

e. Evaluations of building principals or vice-principals conducted by district personnel prior to the establishment of the school district under full State intervention shall not be admissible in a tenure hearing for any building principal or vice-principal except in the following circumstances:

(1) Evaluations of building principals or vice-principals performed by members of the central administrative and supervisory staff who are hired to fill one of the positions in the reorganized central office of the district under full State intervention shall be admissible;

(2) Evaluations of building principals or vice-principals made by individuals who were no longer employed by the school district as of the date it became a school district under full State intervention shall be admissible only if the evaluation was performed more than five years preceding the date of the establishment of the district under full State intervention.

##### **§ 18A:7A-46** Procedure for creation, conduct. {#sec-18a-7a-46 omnilex-key=us-nj-statutes--title-18a--18A:7A-46}

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 supervision of a State district superintendent appointed by the State Board of Education upon recommendation of the commissioner.

##### **§ 18A:7A-46.1** Capital Project Control Board. {#sec-18a-7a-46.1 omnilex-key=us-nj-statutes--title-18a--18A:7A-46.1}

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 the review of any capital project proposed by the State district superintendent, provided that the State district superintendent proposes that the capital project be financed in whole or in part by school bonds or notes, or through a lease purchase agreement pursuant to subsection f. of N.J.S.18A:20-4.2. The board shall also be responsible for the certification to the State district superintendent of schools and the commissioner of the necessity for the capital project and the certification of the appropriation to be made by the governing body of the municipality.

b. The board shall consist of five voting members. One member shall be appointed by the Commissioner of Education and two members shall be appointed by the chief executive officer with the consent of a majority of the full membership of the local governing body of the municipality or municipalities in which the school district is located. If the school district is comprised of two municipalities, each municipality shall be entitled to one member, appointed by the executive officer with the consent of the governing body. If the school district is comprised of more than two municipalities, each of the two municipalities with the largest population according to the most recent federal decennial census shall be entitled to one member, appointed by the executive officer with the consent of the governing body. However, if a local governing body fails to agree upon the selection of either board member appointed by an executive officer, then the Commissioner of Education shall make the appointment. One member shall be appointed by the Director of the Division of Local Government Services in the Department of Community Affairs who shall have experience in the area of local finance and capital projects. The fifth member shall be the State district superintendent of schools who shall serve ex-officio and shall act as chairperson of the board. The board members, except for the State district superintendent, shall each serve for a term of one year commencing on July 1 of each year and expiring on June 30 of the following year. Any vacancy in the membership of the board shall be filled for the unexpired term in the manner provided by the original appointment. Members of the board may be employees of the State or any subdivision thereof. All members of the board shall serve without compensation.

c. The board shall meet from time to time upon the request of the State district superintendent. All meetings of the board shall be conducted pursuant to the provisions of the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.). The State district superintendent shall be charged with the responsibility of preparing a transcript of the proceedings and all votes shall be recorded in writing.

##### **§ 18A:7A-46.2** Board to hear recommendations concerning proposed capital projects. {#sec-18a-7a-46.2 omnilex-key=us-nj-statutes--title-18a--18A:7A-46.2}

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 superintendent concerning any proposed capital project, which is to be financed in whole or in part by school bonds or notes, or through a lease purchase agreement pursuant to subsection f. of N.J.S.18A:20-4.2, and shall undertake all actions necessary to review the proposed capital project to determine whether the project will assist the school district under full State intervention in providing a thorough and efficient system of education in that district. In making this determination it may take into consideration factors such as the conditions in the school district, any applicable educational goals, the objectives and standards established by the State, the need for the capital project, the reasonableness of the amount to be expended for the capital project, the estimated time for the undertaking and completion of the capital project, and any other factors which the board may deem necessary including the relationship of the capital project to the long-term capital budget or plan of the school district and the fiscal implications thereof.

Following its review and within 60 days of the date on which the State district superintendent submits the recommendation to the board, the board shall adopt a resolution as to whether the school district under full State intervention should undertake the capital project and providing its reasons therefor. The board shall adopt a resolution indicating the necessity for the capital project and shall also fix and determine by resolution the amount necessary to be raised locally for the capital project. If the board fails to act within 60 days of the submission date, the State district superintendent shall submit the recommendation to the commissioner who shall approve or disapprove the capital project. If the board makes a decision which is contrary to the recommendation of the superintendent, the superintendent may, within 30 days from the date of the board's action, submit the matter to the commissioner for final decision. If the commissioner determines that a capital project should be undertaken, the commissioner shall so notify the board and shall indicate the amount necessary to be raised locally for the capital project. Upon notification, the board shall adopt a resolution indicating the necessity for the capital project and shall also fix and determine by resolution the amount necessary for the capital project as indicated by the commissioner. Certified copies of any resolution requesting the authorization and issuance of bonds and notes or the authorization of a lease purchase agreement shall be delivered to the State district superintendent, the Commissioner of Education, the Director of the Division of Local Government Services in the Department of Community Affairs and the governing body of the municipality or municipalities in which the school district is located. The board shall not approve or recommend any capital project which is inconsistent with the provisions of N.J.S.18A:21-1.

##### **§ 18A:7A-46.3** Capital projects financed by issuance of bonds, notes. {#sec-18a-7a-46.3 omnilex-key=us-nj-statutes--title-18a--18A:7A-46.3}

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 district superintendent, the Commissioner of Education, the Director of the Division of Local Government Services in the Department of Community Affairs and the governing body of the municipality or municipalities in which the school district is located shall be financed by the issuance of school bonds or notes pursuant to the provisions of chapter 24 of Title 18A of the New Jersey Statutes and the "Local Bond Law" (N.J.S.40A:2-1 et seq.) and the notes, school bonds or other obligations shall be authorized, issued, sold and delivered in the manner prescribed by the "Local Bond Law" (N.J.S.40A:2-1 et seq.).

##### **§ 18A:7A-46.4** Issuance of authorization of notes, bonds. {#sec-18a-7a-46.4 omnilex-key=us-nj-statutes--title-18a--18A:7A-46.4}

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.).

##### **§ 18A:7A-46.5** Cessation of existence of board {#sec-18a-7a-46.5 omnilex-key=us-nj-statutes--title-18a--18A:7A-46.5}

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).

##### **§ 18A:7A-46.6** Debt service part of municipal budget. {#sec-18a-7a-46.6 omnilex-key=us-nj-statutes--title-18a--18A:7A-46.6}

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. However, all debt service payments shall be included in the budget of the school district under full State intervention as the sum necessary for interest and debt redemption charges and shall be eligible for State education aid in the year in which the appropriation and expenditure are made.

##### **§ 18A:7A-47** Board of Education. {#sec-18a-7a-47 omnilex-key=us-nj-statutes--title-18a--18A:7A-47}

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 appoint up to three additional nonvoting members to the board of education. The board of education's membership shall remain increased by these additional seats until the State withdraws from intervention in the governance component of school district effectiveness. If the commissioner appoints three additional members pursuant to this subsection, the commissioner shall appoint one of these additional members from a list of three candidates provided by the local governing body of the municipality in which the school district is located. The commissioner shall make every effort to appoint residents of the district. The board of education shall have only those rights, powers and privileges of an advisory board. The members appointed by the commissioner shall serve for a term of two years. The commissioner shall obtain approval of the State board for any extension of the two-year term. Any vacancy in the membership appointed by the commissioner shall be filled in the same manner as the original appointment.

Six months following the district being placed under full State intervention, the commissioner shall determine whether or not the board members he has appointed shall become voting members of the advisory board of education. If the commissioner determines that the board members he has appointed shall become voting members, the school district shall have 30 days to appeal the commissioner's determination to the State Board of Education.

b. The State district superintendent may meet with the board as frequently as necessary for the effective operation of the school district. The meetings of the board shall be convened and scheduled at the direction of the State district superintendent, and the State district superintendent shall determine the agenda. At the meetings, the State district superintendent shall report to the board on all actions taken and on pending actions in a timely fashion, and provide an opportunity for a full discussion by the board and by the public of those actions. Meetings shall be conducted pursuant to the provisions of the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.). On a regular basis, but no less than twice each year, the board of education shall report in writing directly to the State district superintendent concerning its assessment of the progress of the district. Copies of the report shall be forwarded to the commissioner and the State board. The State district superintendent shall make such clerical and other resources available as are necessary for the effective operation of the board of education.

c. The commissioner, in consultation with the New Jersey School Boards Association, shall provide the members of the board of education with appropriate in-service training in school matters.

##### **§ 18A:7A-49** Reports of progress under full State intervention; transition to local control. {#sec-18a-7a-49 omnilex-key=us-nj-statutes--title-18a--18A:7A-49}

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.1975, c.212 (C.18A:7A-10). The commissioner shall formally report to the State board and to the Governor and the Legislature on the district's progress.

b. Based upon the annual report of progress, but not sooner than three years after the establishment of the school district under full State intervention, the commissioner may recommend that the State board place the school district under partial State intervention or elsewhere on the performance continuum. If the State board so determines, the school district shall be placed under partial State intervention or designated as transitioning to local control or placed elsewhere on the performance continuum effective on the July 1 next ensuing.

c. Notwithstanding any other provision of law to the contrary, if a district under full State intervention is placed under partial State intervention, the board of education shall continue to have the rights, powers, and duties of an advisory board, until the district successfully meets the quality performance indicators for the governance component of school district effectiveness.

Despite the continuation of the board of education as an advisory board, the State board, upon the recommendation of the commissioner, may return some voting functions to the board of education as part of and in furtherance of the process of a transition to local control. If some voting functions are returned to the board of education, the commissioner or his designee shall have the authority to veto any action by the board of education until the governance component of school district effectiveness is returned to local control. A true copy of the minutes of every meeting of the board of education shall be forthwith delivered by and under the certification of the secretary thereof to the commissioner or his designee. No action taken at that meeting of the board of education shall have force or effect until 15 days after a copy of the minutes shall have been so delivered unless during that 15-day period the commissioner or his designee shall approve those minutes, in which case the action shall become effective upon that approval. If, in the 15-day period, the commissioner or his designee returns the copy of those minutes with a veto of any action taken by the board of education or any member thereof at that meeting, the action shall be null and void and of no effect.

d. In the event that the State board, upon the recommendation of the commissioner, has appointed a State district superintendent in a district under full State intervention, the State district superintendent shall continue to hold that position until the district successfully meets the quality performance indicators for the governance component of school district effectiveness. If the district is placed under partial State intervention and has successfully met the quality performance indicators for the governance component of school district effectiveness, or if the State has completely withdrawn from intervention and returned the district to local control, then the board of education shall be permitted to extend the contract of the superintendent who holds the position at the time that the district is placed under partial State intervention or is returned to local control, provide 18-months' notice to the superintendent to modify the contract, or allow the contract in effect to expire with the appropriate statutory notice pursuant to subsection b. of section 4 of P.L.1991, c.267 (C.18A:17-20.1).

e. If the district successfully meets the quality performance indicators for the governance component of school district effectiveness, not more than one year following the placement of the district under partial State intervention or return to local control, the board shall call a special election for purposes of placing the question of classification status before the voters of the district, which election shall be conducted in accordance with the provisions of Title 19 of the Revised Statutes concerning school elections.

f. If the voters of the district shall elect to become a type I district, it shall be governed by the provisions of chapter 9 of Title 18A of the New Jersey Statutes relating to type I districts after January 31 next ensuing, unless the district is established in a city of the first class, in which case it shall be governed after June 30 next ensuing. The members of the district board of education at the time of said election shall continue in office until expiration of their respective terms and the qualification in office of their successors.

g. If the voters of the district shall so select that the district shall become a type II district, it shall be governed by the provisions of chapter 9 of Title 18A relating to type II districts and the members of the board of education at the time of said election shall remain and continue in office until the expiration of their respective terms and the qualification of their respective successors.

h. If the commissioner cannot recommend that the school district under full State intervention be placed under partial State intervention within three years, then the commissioner shall provide a comprehensive report to the State board and to the Governor and the Legislature, including a detailed analysis of the causes for the failure of the district to comply with the quality performance indicators and an assessment of the amount of time necessary for the continuation of the school district under full State intervention. On the basis of that report the State board shall determine whether to continue the school district under full State intervention or return the district to partial State intervention.

##### **§ 18A:7A-50** Budget development, presentation. {#sec-18a-7a-50 omnilex-key=us-nj-statutes--title-18a--18A:7A-50}

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 recommendations. This budget shall conform in all respects with the requirements of chapter 22 of Title 18A of the New Jersey Statutes and shall be subject to the limitations on spending by local school districts otherwise required by P.L.1996, c.138 (C.18A:7F-1 et al.).

##### **§ 18A:7A-51** Public hearing. {#sec-18a-7a-51 omnilex-key=us-nj-statutes--title-18a--18A:7A-51}

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 ensuing school year, and the various items and purposes for which the same are to be appropriated, which hearing shall be held between March 22 and March 29. Notice of the hearing, contents of the notice and the format and purpose of the hearing shall be as provided in N.J.S.18A:22-11, N.J.S.18A:22-12 and N.J.S.18A:22-13.

##### **§ 18A:7A-52** Determination of amount of appropriation for following school year. {#sec-18a-7a-52 omnilex-key=us-nj-statutes--title-18a--18A:7A-52}

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 necessary to be appropriated for the ensuing school year and shall certify the amounts to be raised by special district tax for school purposes as well as the sum necessary for interest and debt redemption, if any, to the county board of taxation and the amount or amounts so certified shall be included in the taxes assessed, levied and collected in the municipality or municipalities comprising the district. The State district superintendent shall follow the procedures established pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5).

b. (Deleted by amendment, P.L.1996, c.138).

c. (Deleted by amendment, P.L.1996, c.138).

##### **§ 18A:7A-53** Evaluation of Level I district, Level II or III districts, methodology; transition to local control. {#sec-18a-7a-53 omnilex-key=us-nj-statutes--title-18a--18A:7A-53}

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-year evaluation process and, in accordance with a schedule established by the commissioner, be evaluated by the commissioner in the five key components of school district effectiveness as set forth in section 10 of P.L.1975, c.212 (C.18A:7A-10). Based on a district's compliance with the quality performance indicators, the commissioner shall assess district effectiveness and place the district on the performance continuum. During the phase-in, a district which has not undergone an evaluation in the five key components of school district effectiveness shall continue to complete and submit a quality assurance annual report in accordance with State board regulations in effect prior to the effective date of P.L.2007, c.16.

b. A State-operated district or a district which has been certified as a Level II or a Level III district by the State Board of Education as of the effective date of this act, shall be evaluated by a team of highly skilled professionals in the five key components of school district effectiveness as set forth in section 10 of P.L.1975, c.212 (C.18A:7A-10). The evaluation shall be completed within 120 days of the date on which rules promulgated by the commissioner pursuant to section 39 of this act (C.18A:7A-53.1) become effective. The commissioner shall establish a process for the receipt of comments from the public during the evaluation. The commissioner shall provide a report of the evaluation to the district within 30 days of the completion of the evaluation. The report shall contain the commissioner's determination of the district's placement on the performance continuum. The district shall have 30 days from the date of receipt of the report to appeal the placement decision to the State board. The commissioner shall make a recommendation to the State Board of Education if the recommendation is to place the district under partial or full State intervention. The commissioner and State board shall take whatever action is appropriate based on the district's placement on the performance continuum.

c. Notwithstanding any other provision of law to the contrary, if a State-operated district is placed under partial State intervention, the board of education shall continue to have the rights, powers, and duties of an advisory board, until the district successfully meets the quality performance indicators for the governance component of school district effectiveness.

Despite the continuation of the board of education as an advisory board, the State board, upon the recommendation of the commissioner, may return some voting functions to the board of education as part of and in furtherance of the process of a transition to local control. If some voting functions are returned to the board of education, the commissioner or his designee shall have the authority to veto any action by the board of education until the governance component of school district effectiveness is returned to local control. A true copy of the minutes of every meeting of the board of education shall be forthwith delivered by and under the certification of the secretary thereof to the commissioner or his designee. No action taken at that meeting of the board of education shall have force or effect until 15 days after a copy of the minutes shall have been so delivered unless during that 15-day period the commissioner or his designee shall approve those minutes, in which case the action shall become effective upon that approval. If, in the 15-day period, the commissioner or his designee returns the copy of those minutes with a veto of any action taken by the board of education or any member thereof at that meeting, the action shall be null and void and of no effect.

d. If a State-operated school district evaluated pursuant to subsection b. of this section successfully meets the quality performance indicators for the governance component of school district effectiveness, then one year following the State's withdrawal from intervention in that component, the board of education shall call a special election for purposes of placing the question of classification status before the voters of the district, which election shall be conducted in accordance with the provisions of Title 19 of the Revised Statutes concerning school elections.

If the voters of the district elect to become a type I district, it shall be governed by the provisions of chapter 9 of Title 18A of the New Jersey Statutes relating to type I districts after January 31 next ensuing, unless the district is established in a city of the first class, in which case it shall be governed after June 30 next ensuing. The members of the district board of education at the time of said election shall continue in office until expiration of their respective terms and the qualification in office of their successors.

If the voters of the district elect to become a type II district, it shall be governed by the provisions of chapter 9 of Title 18A relating to type II districts and the members of the board of education at the time of said election shall remain and continue in office until the expiration of their respective terms and the qualification of their respective successors.

e. The board of education of a State-operated school district that successfully meets the quality performance indicators for the governance component of school district effectiveness shall be permitted to extend the contract of the superintendent who holds the position at the time of the evaluation conducted pursuant to subsection b. of this section, provide 18-months' notice to the superintendent to modify the contract, or allow the contract in effect to expire with the appropriate statutory notice pursuant to subsection b. of section 4 of P.L.1991, c.267 (C.18A:17-20.1).

##### **§ 18A:7A-53.1** Rules, regulations; procedure for 36 months following enactment. {#sec-18a-7a-53.1 omnilex-key=us-nj-statutes--title-18a--18A:7A-53.1}

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; except that notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the commissioner may for a period of 12 months following the effective date of P.L.2007, c.16, adopt, immediately upon filing with the Office of Administrative Law, such rules and regulations as the commissioner deems necessary to implement the New Jersey Quality Single Accountability Continuum. The commissioner shall engage in a collaborative process with interested stakeholders in the education community prior to the adoption of rules and regulations for the 12-month period. All such rules and regulations adopted by the commissioner shall expire no later than 12 months following the effective date of P.L.2007, c.16 and shall thereafter be amended, adopted or re-adopted during the following 24-month period by the commissioner in accordance with the provisions of P.L.1968, c.410 (C.52:14B-1 et seq.).

b. All such rules and regulations adopted by the commissioner pursuant to subsection a. of this section shall expire no later than 36 months following the effective date of P.L.2007, c.16 and shall thereafter be amended, adopted or re-adopted by the State board in accordance with the provisions of P.L.1968, c.410 (C.52:14B-1 et seq.).

##### **§ 18A:7A-54** Short title. {#sec-18a-7a-54 omnilex-key=us-nj-statutes--title-18a--18A:7A-54}

1. This act shall be known and may be cited as the "School District Fiscal Accountability Act."

##### **§ 18A:7A-55** Appointment of State monitor in certain school districts; duties. {#sec-18a-7a-55 omnilex-key=us-nj-statutes--title-18a--18A:7A-55}

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 have the authority to appoint a State monitor and additional staff, as necessary, to provide direct oversight of a board of education's business operations and personnel matters if: the school district receives an adverse or a disclaimer of opinion by its independent auditor in the annual audit required pursuant to N.J.S.18A:23-1; or any two or more of the following circumstances apply to the school district:

(1) the school district ends the fiscal year with a deficit balance as calculated for budgetary purposes in the general fund, special revenue fund, or capital projects fund, with the exception of a capital projects fund deficit caused by the issuance of bond anticipation notes;

(2) the school district receives a qualified opinion by its independent auditor in the annual audit required pursuant to N.J.S.18A:23-1;

(3) the school district receives an adverse, disclaimer, or qualified opinion by its independent auditor under the single audit section for State or federal awards in the annual audit required pursuant to N.J.S.18A:23-1;

(4) the school district receives any audit findings by its independent auditor identified as material weaknesses in internal controls;

(5) the school district fails to develop and implement a plan acceptable to the commissioner or his designee to address a potential or actual deficit balance in the general fund, special revenue fund, or capital projects fund, with the exception of a capital projects fund deficit caused by the issuance of bond anticipation notes;

(6) the school district fails to implement a plan from the prior year which causes any findings from the independent auditor to be repeated;

(7) the school district is required to return federal funds once it is determined that the school district's expenditures are not in compliance with the grant requirements; or

(8) the school district submits the annual audit after the submission date required pursuant to N.J.S.18A:23-1.

b. The State monitor shall:

(1) oversee the fiscal management and expenditures of school district funds, including, but not limited to, budget reallocations and reductions, approvals of purchase orders, budget transfers, and payment of bills and claims;

(2) oversee the operation and fiscal management of school district facilities, including the development and implementation of recommendations for redistricting and restructuring of schools;

(3) ensure development and implementation of an acceptable plan to address the circumstances set forth in subsection a. of this section which resulted in the appointment of the State monitor. The plan shall include measurable benchmarks and specific activities to address the deficiencies of the school district;

(4) oversee all district staffing, including the ability to hire, promote, and terminate employees;

(5) have authority to override a chief school administrator's action and a vote by the board of education on any of the matters set forth in this subsection, except that all actions of the State monitor shall be subject to the education, labor, and employment laws and regulations, including the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), and collective bargaining agreements entered into by the school district;

(6) attend all meetings of the board of education, including closed sessions; and

(7) meet with the board of education on at least a quarterly basis to discuss with the members of the board the past actions of the board which led to the appointment of the State monitor and to provide board members with education and training that address the deficiencies identified in board actions.

c. The Commissioner of Education shall notify the State Board of Education following the appointment of a State monitor pursuant to subsection a. of this section. The State monitor shall report directly to the commissioner or his designee on a weekly basis. The State monitor shall also report monthly to the board of education and members of the public at the regularly scheduled board of education meeting.

d. For purposes of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., the State monitor shall be considered a State officer, but for all other purposes the State monitor shall be considered an employee of the district.

e. The State monitor shall provide oversight in the school district until the commissioner determines that all remedial actions required under the plan have been implemented and the necessary local capacity and fiscal controls have been restored to school district operations.

f. The salary of the State monitor shall be fixed by the commissioner and adjusted from time to time as the commissioner deems appropriate. The school district shall assume the total cost of the State monitor and necessary additional staff appointed pursuant to subsection a. of this section. The State monitor shall have the authority to appoint legal counsel if legal action is taken against him while acting in his official duties as a State monitor or as needed upon approval of the commissioner.

##### **§ 18A:7A-56** Recommendation of advance State aid payment to school district; repayment. {#sec-18a-7a-56 omnilex-key=us-nj-statutes--title-18a--18A:7A-56}

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. The commissioner's recommendation shall be based on whether the payment is necessary to ensure the provision of a thorough and efficient education. An advance State aid payment shall be recorded by the school district as revenue for budget purposes in the school year in which the advance State aid payment is provided.

b. The advance State aid payment shall be repaid by the school district through automatic reductions in the State aid provided to the school district in subsequent years. The term of the repayment shall not exceed 10 years, but may be for a shorter term as determined by the State Treasurer. At any time during the term of the repayment the State Treasurer, in consultation with the Commissioner of Education, may determine to impose interest on the unpaid balance ; except that interest shall not be imposed in the case of a school district for which a State monitor is appointed within 90 days of the effective date of this act. The commissioner shall transfer the amount of the reduction in State aid to the account established pursuant to section 5 of this act.

c. In any year in which the school district's undesignated general fund balance is greater than 1.5% of general fund expenditures, the amount which exceeds 1.5% shall be an additional amount applied to the following year's repayment of the advance State aid payment and the school district's State aid shall be reduced by this additional amount in that following year.

##### **§ 18A:7A-57** Forensic audit of certain school districts; presentation. {#sec-18a-7a-57 omnilex-key=us-nj-statutes--title-18a--18A:7A-57}

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 year-end general fund deficit and also meets one of the other criteria in subsection a. of section 2 of this act. The audit shall be of the fiscal year in which the general fund deficit occurred and shall be in addition to the audit required of school districts pursuant to N.J.S.18A:23-1.

b. Notwithstanding the provisions of R.S.52:24-1 et seq., or any other law to the contrary, the Office of the State Auditor or the Office of the State Comptroller shall submit the audit to the commissioner, the Governor, and the Legislature. The Office of the State Auditor or the Office of the State Comptroller shall also present the audit to the district's board of education and the public at the board's next regularly scheduled monthly meeting.

c. The Office of the State Auditor or the Office of the State Comptroller shall forward any findings of fraudulent activities discovered as a result of the audit to the appropriate law enforcement agency.

d. Within 30 days of the presentation of the audit by the Office of the State Auditor or the Office of the State Comptroller to the board of education, the board shall submit to the commissioner a plan that addresses all of the findings, conclusions, and recommendations of the Office of the State Auditor or the Office of the State Comptroller which have not been previously addressed by the school district.

##### **§ 18A:7A-58** "School District Deficit Relief Account." {#sec-18a-7a-58 omnilex-key=us-nj-statutes--title-18a--18A:7A-58}

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 section 7 of P.L.2006, c.15, monies transferred by the Commissioner of Education pursuant to subsection b. of section 3 of P.L.2006, c.15 (C.18A:7A-56), and such other monies as may be appropriated, transferred or otherwise made available for the purposes of providing an advance State aid payment to a school district pursuant to subsection a. of section 3 of P.L.2006, c.15. Any interest that shall accrue on the monies in the account shall be credited to the account.

##### **§ 18A:7A-59** Rules. {#sec-18a-7a-59 omnilex-key=us-nj-statutes--title-18a--18A:7A-59}

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 effectuate the purposes of P.L.2006, c.15 (C.18A:7A-54 et seq.) which shall be effective for a period not to exceed 12 months following the effective date of P.L.2008, c.37 (C.18A:11-13 et al.). 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.

##### **§ 18A:7A-60** Additional powers of Commissioner of Education relative to performance of compliance audit report. {#sec-18a-7a-60 omnilex-key=us-nj-statutes--title-18a--18A:7A-60}

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 Commissioner of Education may appoint an external entity, in accordance with State procurement laws, to perform a compliance audit of the spending of the district's general fund budget upon identification that the district may be spending State education funds for purposes that are not in compliance with State education law and regulation. The scope of the compliance audit shall be determined by the commissioner based upon the specific circumstances of the district.

b. The final report of a compliance audit conducted pursuant to subsection a. of this section shall include specific findings and recommendations, as applicable, and shall be submitted to the commissioner. The commissioner may use the audit report as evidence for the appointment of a State monitor pursuant to the provisions of subsection a. of section 2 of P.L.2006, c.15 (C.18A:7A-55).

c. The school district shall reimburse the Department of Education for the total cost of the compliance audit conducted pursuant to subsection a. of this section if the final audit report includes findings that the district has spent State education funds for purposes that are not in compliance with State education law and regulation.

## **Chapter 7B** {#struct-chapter-7b}

##### **§ 18A:7B-1** Short title {#sec-18a-7b-1 omnilex-key=us-nj-statutes--title-18a--18A:7B-1}

This act shall be known and may be cited as "The State Facilities Education Act of 1979."

##### **§ 18A:7B-2** Deductions, forwarding of sums to appropriate departments; disposition. {#sec-18a-7b-2 omnilex-key=us-nj-statutes--title-18a--18A:7B-2}

6. a. For each State-placed child who is resident in a district and in a State facility on the last school day prior to October 16 of the prebudget year, and for each district-placed child who is resident in a district and in a State facility on the last school day prior to October 16 of the budget year, the Commissioner of Education shall deduct from the State aid payable to that district an amount equal to the approved per pupil cost established pursuant to the provisions of section 24 of P.L.1996, c.138 (C.18A:7F-24); except that for a child in a county juvenile detention center, no deduction shall be made until Fiscal Year 1999, in which year and thereafter 50 percent of the per pupil cost shall be deducted.

b. If, for any district, the amount to be deducted pursuant to subsection a. of this section is greater than State aid payable to the district, the district shall pay to the Department of Education the difference between the amount to be deducted and the State aid payable to the district.

c. The amount deducted pursuant to subsection a. of this section and the amount paid to the Department of Education pursuant to subsection b. of this section shall be forwarded to the Department of Human Services or the Department of Children and Families, as applicable, if the facility is operated by or under contract with that department, or to the Department of Corrections if the facility is operated by or under contract with that department, or to the Youth Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) if the facility is operated by or under contract with that commission, and shall serve as payment by the district of tuition for the child. In the case of county juvenile detention centers, the tuition shall be deemed to supplement funds currently provided by the county for this purpose under chapter 10 and chapter 11 of Title 9 of the Revised Statutes. In Fiscal Year 1998, a county shall not decrease its level of contribution as a result of the payment of tuition pursuant to this section. In Fiscal Year 1999 and thereafter, a county shall be required to pay 50 percent of the approved per pupil costs established pursuant to the provisions of section 24 of P.L.1996, c.138 (C.18A:7F-24) for the purpose of implementing chapters 10 and 11 of Title 9 of the Revised Statutes. Amounts so deducted shall be used solely for the support of educational programs and shall be maintained in a separate account for that purpose. No district shall be responsible for the tuition of any child admitted by the State to a State facility after the last school day prior to October 16 of the prebudget year.

##### **§ 18A:7B-4** Use of funds; authorization for appropriations. {#sec-18a-7b-4 omnilex-key=us-nj-statutes--title-18a--18A:7B-4}

8. Funds received pursuant to this act by the Department of Human Services, the Department of Children and Families, the Department of Corrections or the Youth Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) shall be used only for the salaries of teachers, educational administrators at the program level, child study team personnel, clerical staff assigned to child study teams or to educational day programs, paraprofessionals assigned to educational programs in State facilities, and for diagnostic services required as part of the child study team evaluations and related educational services personnel whose function requires an educational certificate issued by the State Department of Education, and for the costs of educational materials, supplies and equipment for these programs. No such funds shall be used for the renovation or construction of capital facilities, for the maintenance and operation of educational facilities, or for custodial, habilitation or other noneducational costs.

There are hereby authorized to be appropriated to the Departments of Human Services, Children and Families and Corrections such funds as may be necessary to provide for adult, post-secondary and college programs.

##### **§ 18A:7B-5** Rules, regulations to ensure thorough and efficient education for children in State facilities. {#sec-18a-7b-5 omnilex-key=us-nj-statutes--title-18a--18A:7B-5}

9. The Commissioner of Education, with the approval of the State Board of Education, shall promulgate rules and regulations to ensure a thorough and efficient education, consistent with the provisions of P.L.2007, c.260 (C.18A:7F-43 et al.), for the children in State facilities. In the case of county juvenile detention centers, the Office of Education in the Youth Justice Commission shall develop, in consultation with the commissioner, appropriate standards, to be effective for Fiscal Year 1999, for the provision of a thorough and efficient education by the county for facilities established under chapter 10 and chapter 11 of Title 9 of the Revised Statutes.

The commissioner shall continually review the operation of educational programs in State facilities. If he finds that the operation of any of these programs does not meet the educational standard required by the regulations, he shall direct that a remedial plan be prepared by the education director of the facility in which the program is located, together with the director of educational services of the department which is operating or contracting with the facility. The plan shall be submitted to the Commissioner of Education for his approval. If he approves the plan, it shall be implemented in a timely and effective manner. If he finds the plan or its implementation to be insufficient, he may, until the insufficiency is corrected, withhold and place in a special account any State aid funds which otherwise would have been forwarded pursuant to section 6 of P.L.1979, c.207.

##### **§ 18A:7B-6** Teaching staff members and administrators; salary schedules {#sec-18a-7b-6 omnilex-key=us-nj-statutes--title-18a--18A:7B-6}

All teaching staff members and administrators of the educational program in State facilities shall hold the appropriate certificate issued by the State Board of Examiners.

Salary schedules for teaching staff members and administrators shall be comparable to similar positions in the Department of Education and the Marie H. Katzenbach School for the Deaf.

##### **§ 18A:7B-7** Request for administrative review concerning pupil in State facility. {#sec-18a-7b-7 omnilex-key=us-nj-statutes--title-18a--18A:7B-7}

11. a. Any parent or guardian of a pupil in a State facility and any pupil in a State facility between 18 and 20 years of age, may request an administrative review on matters of educational classification or educational program.

b. The administrative review process shall include the following sequence:

(1) A conference with teaching staff members or child study team personnel;

(2) A conference with the Director of Educational Services of the Department of Human Services, the Department of Children and Families, the Department of Corrections, or the Youth Justice Commission, whichever is appropriate;

(3) A hearing by the Commissioner of Education pursuant to law and regulation.

c. The due process rights available to children, parents and guardians in the public schools on matters of educational classification or educational program shall be available to children, parents and guardians in State facilities.

d. The placement of a child in a particular State facility shall not be subject to an administrative review or hearing pursuant to this section.

##### **§ 18A:7B-8** Office of Education in Department of Corrections; establishment; director; appointment; salary; powers; duties {#sec-18a-7b-8 omnilex-key=us-nj-statutes--title-18a--18A:7B-8}

12. There is hereby created and established in the Department of Corrections an Office of Education to be headed by a Director of Educational Services who shall supervise the educational programs in all State facilities operated by that department and shall approve all personnel to be hired for such programs.

The director shall hold the appropriate certificate issued by the State Board of Examiners and shall be qualified by training and experience for his position and shall be appointed by the Commissioner of Corrections. He shall serve at the pleasure of the commissioner and shall receive such salary as shall be fixed by the commissioner.

The director shall establish primary, secondary, and vocational programs which meet the educational needs of school age persons for whom the department is responsible. Appropriate credit and certification shall be given for the successful completion of such programs.

Within any available appropriation, the program of education shall include adult, post-secondary and college programs offered by institutions licensed by the Department of Education or the Commission on Higher Education.

##### **§ 18A:7B-9** Office of Education in Department of Children and Families. {#sec-18a-7b-9 omnilex-key=us-nj-statutes--title-18a--18A:7B-9}

13. There is hereby created and established in the Department of Children and Families an Office of Education to be headed by a Director of Educational Services who shall supervise the educational programs in all the State facilities operated by or under contract with that department and shall approve all personnel hired by the State for such programs.

The director shall hold the appropriate certificate issued by the State Board of Examiners and shall be qualified by training and experience for his position and shall be appointed by the Commissioner of Children and Families. He shall serve at the pleasure of the commissioner and shall receive such salary as shall be fixed by the commissioner.

The director shall establish primary, secondary, and vocational programs which meet the educational needs of school age persons for whom the department is responsible. Appropriate credit and certification shall be given for the successful completion of such programs.

Within any available appropriation, the program of education shall include adult, post-secondary and college programs offered by institutions licensed by the Department of Education or the Commission on Higher Education.

##### **§ 18A:7B-10** Garden State school district; allocations and transfers {#sec-18a-7b-10 omnilex-key=us-nj-statutes--title-18a--18A:7B-10}

The Commissioners of Education, Corrections and Human Services shall jointly review the current administrative practices, salary structure, operations and staffing of the Garden State School District and, with the approval of the Director of the Division of Budget and Accounting, shall establish by January 1, 1980 a plan for the orderly allocation or transfer of:

a. All personnel employed by the Garden State School District;

b. All appropriations, grants, or other money available to the Garden State School District, subject to any restrictions, limitations, or other requirements imposed by Federal or State law;

c. All files, books, papers, records, equipment, or other property of the Garden State School District.

Nothing in this act shall be construed to deprive employees of the Garden State School District of any rights or protections provided by Civil Service, pension, or retirement laws of this State.

##### **§ 18A:7B-11** Garden State school district; continuation of actions or proceedings; reference to mean department of corrections, human services or education; rights and privileges of teaching staff members in state facilities {#sec-18a-7b-11 omnilex-key=us-nj-statutes--title-18a--18A:7B-11}

a. This act shall not affect actions or proceedings, civil or criminal, brought by or against the Garden State School District and pending on the effective date of this act, but such actions may be further prosecuted or defended in the same manner and to the same effect by the Department of Corrections, the Department of Human Services, or the Department of Education, whichever has assumed those duties, powers, and responsibilities which are the subject of the proceedings.

b. Whenever in any law, rule, regulation, order, contract, document, judicial or administrative proceedings, or otherwise, reference is made to the Garden State School District, the same shall be considered and mean the Department of Corrections, the Department of Human Services, or the Department of Education, which has assumed those duties, powers, and responsibilities which are the subject of the reference.

All rights and privileges enjoyed by teaching staff members of the Garden State School District shall be enjoyed by teaching staff members employed in State facilities.

##### **§ 18A:7B-12** Determination of district of residence. {#sec-18a-7b-12 omnilex-key=us-nj-statutes--title-18a--18A:7B-12}

19. For school funding purposes, the Commissioner of Education shall determine district of residence as follows:

a. (1) In the case of a child placed in a resource family home prior to the effective date of P.L.2010, c.69 (C.30:4C-26b et al.), the district of residence shall be the district in which the resource family parents reside. If such a child in a resource family home is subsequently placed in a State facility or by a State agency, the district of residence of the child shall then be determined as if no such resource family placement had occurred.

(2) In the case of a child placed in a resource family home on or after the effective date of P.L.2010, c.69 (C.30:4C-26b et al.), the district of residence shall be the present district of residence of the parent or guardian with whom the child lived prior to the most recent placement in a resource family home.

b. The district of residence for children who are in residential State facilities, or who have been placed by State agencies in group homes, skill development homes, private schools or out-of-State facilities, shall be the present district of residence of the parent or guardian with whom the child lived prior to his most recent admission to a State facility or most recent placement by a State agency.

c. The district of residence for children whose parent or guardian temporarily moves from one school district to another as the result of being homeless shall be the district in which the parent or guardian last resided prior to becoming homeless. For the purpose of this amendatory and supplementary act, "homeless" shall mean an individual who temporarily lacks a fixed, regular and adequate residence.

d. If the district of residence cannot be determined according to the criteria contained herein, if the criteria contained herein identify a district of residence outside of the State, or if the child has resided in a domestic violence shelter, homeless shelter, or transitional living facility located outside of the district of residence for more than one year, the State shall assume fiscal responsibility for the tuition of the child. The tuition shall equal the approved per pupil cost established pursuant to section 24 of P.L.1996, c.138 (C.18A:7F-24). This amount shall be appropriated in the same manner as other State aid under this act. The Department of Education shall pay the amount to the Department of Human Services, the Department of Children and Families, the Department of Corrections or the Youth Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) or, in the case of a homeless child or a child in a family resource home, the Department of Education shall pay to the school district in which the child is enrolled the weighted base per pupil amount calculated pursuant to section 7 of P.L.2007, c.260 (C.18A:7F-49) and the appropriate security categorical aid per pupil and special education categorical aid per pupil.

e. If the State has assumed fiscal responsibility for the tuition of a child in a private educational facility approved by the Department of Education to serve children who are classified as needing special education services, the department shall pay to the Department of Human Services, the Department of Children and Families or the Youth Justice Commission, as appropriate, the aid specified in subsection d. of this section and in addition, such aid as required to make the total amount of aid equal to the actual cost of the tuition.

##### **§ 18A:7B-12.1** Homeless child, determination of district of residence; tuition costs, transportation. {#sec-18a-7b-12.1 omnilex-key=us-nj-statutes--title-18a--18A:7B-12.1}

3. The district of residence for a homeless child determined pursuant to section 19 of P.L.1979, c.207 (C.18A:7B-12) shall be responsible for the education of the homeless child. The district of residence shall determine the educational placement of the child after consulting with the parent or guardian. This determination shall be: a. to continue the child's education in the school district of last attendance, b. to enroll the child in the district of residence if the district of residence is not the district of last attendance, or c. to enroll the child in the school district where the child is temporarily living, whichever is in the child's best interest. If the parent or guardian objects to the determination made by the district of residence, the executive county superintendent of schools shall be notified and within 48 hours shall determine the placement of the child based on criteria established by the State Board of Education. Any appeals regarding the determination shall be resolved according to rules established by the State Board of Education.

When the homeless child attends school in a district other than the district of residence, the district of residence shall pay the costs of tuition for the child to attend school in that district and shall pay for any transportation costs incurred by that district; except that in the case of a child who has resided in a domestic violence shelter, homeless shelter, or transitional living facility located in a district other than the district of residence for more than one year, the State shall pay the costs of tuition for the child to attend school in that district. When the homeless child attends school in the district of residence while temporarily residing in another district, the district of residence shall provide for transportation to and from school pursuant to the provisions of N.J.S.18A:58-7.

##### **§ 18A:7B-12.2** Rules. {#sec-18a-7b-12.2 omnilex-key=us-nj-statutes--title-18a--18A:7B-12.2}

3. The Commissioner of Education, in consultation with the Department of Children and Families, shall promulgate rules pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of this act and P.L.2017, c.83. The rules shall identify those facilities that qualify as transitional living facilities, homeless shelters, or domestic violence shelters.

##### **§ 18A:7B-12.3** Certain students permitted to remain in school district. {#sec-18a-7b-12.3 omnilex-key=us-nj-statutes--title-18a--18A:7B-12.3}

1. Notwithstanding the provisions of N.J.S.18A:38-1, section 19 of P.L.1979, c.207 (C.18A:7B-12), or section 3 of P.L.1989, c.290 (C.18A:7B-12.1), or any other section of law to the contrary, any student who moves from one school district to another as a result of being homeless due to an act of terrorism or due to a natural disaster which results in the declaration of a State of emergency or disaster by the State or by the federal government, may continue to enroll in the school district in which the parent or guardian last resided prior to becoming homeless for up to two full school years after the act of terrorism or natural disaster; and during the two-year period, if the student is enrolled in the district in which the parent or guardian last resided prior to becoming homeless and the student's parent or guardian remains homeless for that period, the student shall attend that district tuition-free and that district shall provide the student transportation to and from school.

##### **§ 18A:7B-13** Annual report by commissioner to Legislature. {#sec-18a-7b-13 omnilex-key=us-nj-statutes--title-18a--18A:7B-13}

20. Beginning in the school year 1997-98, the Commissioner of Education shall annually report to the Legislature, describing the condition of educational programs in State facilities, the efforts of the Departments of Corrections, Children and Families, and Human Services and the Youth Justice Commission in meeting the standards of a thorough and efficient education in these facilities, the steps underway to correct any deficiencies in their educational programs, and the progress of the educational programs in New Jersey State facilities in comparison with those in the state facilities of other states. At that time the commissioner shall recommend to the Legislature any necessary or desirable changes or modifications in P.L.1979, c.207 (C.18A:7B-1 et al.).

## **Chapter 7C** {#struct-chapter-7c}

##### **§ 18A:7C-1** Commissioner of education to develop a program of standards and guidelines {#sec-18a-7c-1 omnilex-key=us-nj-statutes--title-18a--18A:7C-1}

By July 1, 1980 the Commissioner of Education with the approval of the State Board of Education shall establish a program of standards for graduation from secondary school. Such a program shall include, but not be limited to:

a. The development of a Statewide assessment test in reading, writing and computational skills to be administered to all secondary school pupils as provided herein;

b. Clear and explicit Statewide levels of proficiency in reading, writing and computational skills to be demonstrated as a minimum requirement for high school graduation;

c. Guidelines for the development of graduation standards by local boards of education;

d. Guidelines for remediation procedures for pupils who fail to meet graduation standards; and

e. Guidelines for graduation standards for those pupils classified pursuant to chapter 46 of Title 18A of the New Jersey Statutes.

##### **§ 18A:7C-1.1** Courses in computer science required. {#sec-18a-7c-1.1 omnilex-key=us-nj-statutes--title-18a--18A:7C-1.1}

1. a. No later than the beginning of the 2018-2019 school year, each public school enrolling students in grades nine through 12 , other than a county vocational school district, shall offer a course in computer science. The course shall include, but need not be limited to, instruction in computational thinking, computer programming, the appropriate use of the Internet and development of Internet web pages, data security and the prevention of data breaches, ethical matters in computer science, and the global impact of advancements in computer science. The course shall be informed by the review undertaken by the Department of Education pursuant to section 2 of P.L.2015, c.229.

b. Beginning with the 2022-2023 school year, the State Board of Education shall adopt any appropriate changes to the New Jersey Student Learning Standards and graduation requirements based upon the review undertaken by the Department of Education pursuant to section 2 of P.L.2015, c.229.

##### **§ 18A:7C-2** Establishment of standards for graduation from secondary schools {#sec-18a-7c-2 omnilex-key=us-nj-statutes--title-18a--18A:7C-2}

2. Pursuant to guidelines established by the Commissioner of Education, each board of education shall establish standards for graduation from its secondary schools. The standards shall include, but need not be limited to:

a. Satisfactory performance on the Statewide assessment test as provided for in section 1 of P.L.1979, c.241 (C.18A:7C-1);

b. Demonstration of proficiencies in those subject areas and skills identified by the board as necessary for graduation other than those assessed by the Statewide assessment tests.

The Commissioner of Education shall monitor local plans for the assessment of proficiencies required for graduation including techniques and instruments to be used to determine pupil proficiency; required programs designed to provide the opportunity for pupils to progress toward the mastery of proficiencies required for graduation; and remediation programs for pupils who fail to meet graduation proficiency standards in order to assure compliance with the requirement of P.L.1979, c.241 (C.18A:7C-1 et seq.).

The Commissioner of Education shall, upon request of the local board, provide such technical assistance as may be necessary to aid a district in the planning, implementation and evaluation of graduation standards.

##### **§ 18A:7C-2.1** Certain computer science course may satisfy requirement for mathematics credits. {#sec-18a-7c-2.1 omnilex-key=us-nj-statutes--title-18a--18A:7C-2.1}

1. Beginning with the 2016-2017 grade nine class, the State Board of Education shall require that the local graduation requirements adopted by a board of education permit an Advanced Placement computer science course to satisfy a part of the total credit requirement in mathematics. For an Advanced Placement computer science course to satisfy a part of the mathematics credit requirement, the student must be concurrently enrolled in or have successfully completed algebra I and geometry or the content equivalent.

##### **§ 18A:7C-3** Remedial instruction {#sec-18a-7c-3 omnilex-key=us-nj-statutes--title-18a--18A:7C-3}

For any student who does not meet the State and district examination standards for graduation by the end of 11th grade, the local board of education when appropriate shall provide additional remedial instruction specifically directed toward mastery of those proficiencies identified as necessary for the awarding of a diploma which may include but need not be limited to an extended school year, extended school day, or additional school years.

Any 12th grade student who does not meet said requirements but who has met all the credit, curriculum and attendance requirements shall be eligible for a comprehensive assessment of said proficiencies utilizing techniques and instruments other than standardized tests, which techniques and instruments shall have been approved by the Commissioner of Education as fulfilling State and local graduation requirements.

##### **§ 18A:7C-4** State-endorsed diploma {#sec-18a-7c-4 omnilex-key=us-nj-statutes--title-18a--18A:7C-4}

All students who meet State and local graduation requirements shall receive a State endorsed diploma; provided, however, that the Commissioner of Education shall approve any State endorsed diploma which utilizes the comprehensive assessment techniques as provided in section 3 of P.L. 1979, c. 241 (C. 18A:7C-3).

Local districts may not provide a high school diploma to students not meeting these standards. Any out-of-school youth or adult age 18 or over who has otherwise met the district graduation requirements but has failed to earn a State endorsed diploma may take the graduation proficiencies test which has been developed and administered under the auspices of the Commissioner of Education. Upon passing this test, a State endorsed diploma will be granted.

Each board of education shall provide, in a format approved by the Commissioner of Education, a performance transcript for each student leaving secondary school.

##### **§ 18A:7C-4.1** "Operation Recognition." {#sec-18a-7c-4.1 omnilex-key=us-nj-statutes--title-18a--18A:7C-4.1}

1. a. The Department of Education, in consultation with the Department of Military and Veterans' Affairs, shall establish a program which shall be known as "Operation Recognition." The purpose of Operation Recognition is to award State-endorsed high school diplomas to eligible veterans who left high school prior to graduation to enter United States military service.

b. A person shall be eligible to receive a State-endorsed diploma under Operation Recognition if the person:

(1) is an honorably discharged World War I veteran who served between April 6, 1917 and November 11, 1918, an honorably discharged World War II veteran who served between September 16, 1940 and December 31, 1946, an honorably discharged veteran of the Korean conflict who served between June 23, 1950 and January 31, 1955, or an honorably discharged veteran of the Vietnam conflict who served between December 31, 1960 and May 7, 1975; and

(2) attended a high school in the State but left prior to graduation in order to serve in the armed forces of the United States, and did not receive a high school diploma as a consequence of such service.

A State-endorsed diploma may be issued under Operation Recognition posthumously. A veteran who meets the eligibility criteria set forth in this section and who passed the General Educational Development Test, GED, may also receive a State-endorsed diploma under Operation Recognition.

c. A veteran who meets the eligibility criteria set forth in subsection b. of this section may apply to the Department of Education to receive a State-endorsed high school diploma. In the case of a veteran who meets the eligibility criteria set forth in subsection b. of this section but who is deceased, the family of the veteran may apply to the department to receive a State-endorsed high school diploma on behalf of the veteran. Upon approval of an application, the department shall issue a State-endorsed high school diploma to the veteran or the veteran's family, as appropriate. The diploma shall indicate the veteran's high school of attendance.

d. The Department of Education, in cooperation with the Department of Military and Veterans' Affairs, shall:

(1) develop an application procedure for obtaining a State-endorsed high school diploma under Operation Recognition, including a method for verifying military service and the high school which the veteran attended prior to military service;

(2) distribute applications for participation by veterans in Operation Recognition to school districts and to local veterans' organizations throughout the State; and

(3) provide information to any school district that is interested in hosting a diploma ceremony on or around Veterans' Day for veterans who received State-endorsed high school diplomas pursuant to Operation Recognition and attended a high school within the district.

e. For the purposes of this section, "veteran" means an honorably discharged officer, soldier, sailor, marine, airman, nurse or army field clerk who served in the active military or naval service of the United States in the wars and conflicts listed in subsection b. of this section. A "veteran" also means any honorably discharged member of the American Merchant Marine or the United States Coast Guard who served during the wars and conflicts listed in subsection b. of this section.

##### **§ 18A:7C-5** Board of education to provide policy on graduation to students and parents {#sec-18a-7c-5 omnilex-key=us-nj-statutes--title-18a--18A:7C-5}

Upon adoption by the local board of education, each board of education shall provide each high school pupil and the parents or legal guardians of such pupil with a copy of said board's policy on graduation, including a clear statement of the proficiencies required for graduation and those programs available to assist in attaining those levels of proficiency.

##### **§ 18A:7C-5.1** Graduation, yearbook costs for pupils with financial hardship {#sec-18a-7c-5.1 omnilex-key=us-nj-statutes--title-18a--18A:7C-5.1}

1. A board of education shall establish a policy to address the cost of the graduation ceremony and the cost of a yearbook for graduating pupils who have a financial hardship. No graduating pupil shall be excluded from a graduation ceremony whose parent, legal guardian or other person having legal custody of the pupil is unable to pay the fees required for that graduation ceremony because of financial hardship. In determining financial hardship, the criteria shall be the same as the Statewide eligibility standards established by the State Board of Education for free and reduced price meals under the State school lunch program.

##### **§ 18A:7C-5.2** Special education students, certain circumstances, participation in graduation ceremony permitted. {#sec-18a-7c-5.2 omnilex-key=us-nj-statutes--title-18a--18A:7C-5.2}

2. a. The board of education of a school district and the board of trustees of a charter school shall permit a student who has been classified as eligible for special education programs and services pursuant to chapter 46 of Title 18A of the New Jersey Statutes and whose individualized education program prescribes continued special education programs beyond the fourth year of high school to participate in commencement ceremonies with his graduating class and to receive a certificate of attendance, provided that the student has attended four years of high school.

b. Nothing in this section shall be construed to preclude a classified student from receiving a high school diploma when the student satisfactorily completes his individualized education program and has met appropriate graduation requirements.

##### **§ 18A:7C-5.3** Certain students permitted to wear military uniforms at high school graduation. {#sec-18a-7c-5.3 omnilex-key=us-nj-statutes--title-18a--18A:7C-5.3}

1. A school district shall allow a student to wear a dress uniform issued to the student by a branch of the United States Armed Forces while participating in the student's high school graduation ceremony, if the following requirements are met:

a. the student has fulfilled all of the State and local requirements for receiving a high school diploma, and is otherwise eligible to participate in the high school graduation ceremony; and

b. the student has completed basic training for, and is an active member of, a branch of the United States Armed Forces.

##### **§ 18A:7C-6** Graduation proficiency test {#sec-18a-7c-6 omnilex-key=us-nj-statutes--title-18a--18A:7C-6}

In the school year which begins in September 1993, and annually thereafter, the State graduation proficiency test shall be administered to all 11th grade pupils and to any 11th or 12th grade pupil who has previously failed to demonstrate mastery of State graduation proficiency standards on said test. The mastery of proficiencies required to fulfill local graduation standards shall be determined as appropriate under local board of education assessment plans.

##### **§ 18A:7C-6.1** Development of test {#sec-18a-7c-6.1 omnilex-key=us-nj-statutes--title-18a--18A:7C-6.1}

In the development of the graduation proficiency test to be administered to all 11th grade pupils pursuant to section 6 of P.L. 1979, c. 241 (C. 18A:7C-6), the Commissioner of Education shall consult with educators, parents, students, business and community representatives and members of minority groups. The test shall measure those basic skills all students must possess to function politically, economically and socially in a democratic society.

##### **§ 18A:7C-6.2** Assessment of progress; remediation {#sec-18a-7c-6.2 omnilex-key=us-nj-statutes--title-18a--18A:7C-6.2}

The Commissioner of Education shall develop and administer to all eighth grade pupils in the school year which begins in September 1990, and annually thereafter, a test to assess progress toward mastery of State graduation proficiency standards. For any student not meeting established examination standards, the local board of education shall provide for appropriate remediation in areas of demonstrated deficiency. Appropriate remediation may include after school, weekend and summer programs.

##### **§ 18A:7C-6.3** Definitions relative to administration of standardized assessments in certain grades. {#sec-18a-7c-6.3 omnilex-key=us-nj-statutes--title-18a--18A:7C-6.3}

1. a. As used in this section, "commercially-developed standardized assessment" means an assessment that requires all test takers to answer the same questions, or a selection of questions from a common bank of questions, in the same manner, and is developed and scored by an entity under a contract with a board of education. A commercially-developed standardized assessment shall not include diagnostic and formative assessments used by teaching staff members to identify particular student learning needs or the need for special services, or to modify instructional strategies to improve an individual student's learning.

b. A board of education shall not administer any commercially-developed standardized assessment that is not required pursuant to State or federal law to a student enrolled in kindergarten through the second grade. Nothing in this section shall be construed to limit the ability of a classroom teacher or board of education to develop, administer, and score an assessment for an individual classroom, grade level, or group of grade levels in any subject area in kindergarten through the second grade.

##### **§ 18A:7C-6.4** Definitions relative to State assessments. {#sec-18a-7c-6.4 omnilex-key=us-nj-statutes--title-18a--18A:7C-6.4}

1. a. As used in this section, "State assessment" means an assessment required pursuant to State or federal law and administered to all students in a specific grade level or subject area and whose results are aggregated for analysis at the district, school, or student subgroup level.

b. The Department of Education shall on its website link to the Department of the Treasury's website where a list is maintained of all contractors, subcontractors, advisors, or consultants employed or retained by the Department of the Treasury for any work associated with the administration, evaluation, monitoring of social media for security breaches, grading, or ongoing development of State assessments.

##### **§ 18A:7C-6.5** Definitions relative to student testing in public schools. {#sec-18a-7c-6.5 omnilex-key=us-nj-statutes--title-18a--18A:7C-6.5}

1. As used in this act:

"Commercially-developed standardized assessment" means a State-required or district-mandated assessment that is administered by the school district or charter school that requires all students in a grade to answer the same questions, or a selection of questions from a common bank of questions, in the same manner, and is developed and scored by an entity under contract with a board of education.

"State assessment" means an assessment required pursuant to State or federal law and administered to all students in a specific grade level or subject area and whose results are aggregated for analysis at the district, school, or student subgroup level.

##### **§ 18A:7C-6.6** Provision of information to parents, guardians. {#sec-18a-7c-6.6 omnilex-key=us-nj-statutes--title-18a--18A:7C-6.6}

2. a. No later than October 1 of each school year, a school district or charter school shall provide to the parents or guardians of a student enrolled in the district or charter school information on any State assessment or commercially-developed standardized assessment that will be administered to the student in that school year. If a school district or charter school elects to administer an additional commercially-developed standardized assessment after October 1, then the information shall be provided within 30 days of that determination. The information, as determined by the commissioner through regulations adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall include, but need not be limited to, the following:

(1) the subject area of the assessment and grade levels covered by the assessment;

(2) the date or range of potential dates for the administration of the assessment;

(3) the time allotted for the student to take and complete the assessment;

(4) any accommodations or accessibility options available to students;

(5) information on how and when the student and his parent or guardian can access both sample questions and answers to the assessment and the student's results; and

(6) whether the assessment is required by the State, the federal government, or both.

b. The commissioner shall provide to each school district and charter school a model document to provide to parents or guardians the information required pursuant to subsection a. of this section and information on the costs incurred by the State associated with the administration of the State assessment.

c. The information required pursuant to subsection a. of this section shall be provided, to the maximum extent feasible, in the native languages of the parents or guardians of the students enrolled in the school district or charter school.

d. The information provided pursuant to subsection a. of this section shall also be available at the meeting of the board of education of the district or the meeting of the board of trustees of the charter school at which the annual School Performance Reports are presented to the public.

##### **§ 18A:7C-7** School administrators report on students awarded or denied diplomas {#sec-18a-7c-7 omnilex-key=us-nj-statutes--title-18a--18A:7C-7}

The local chief school administrators shall report annually to their local boards of education and to the Commissioner of Education the number of students who completed the twelfth grade course requirements and were denied a diploma and the number of students who received State endorsed diplomas;

a. By successfully completing the Statewide assessment tests and local requirements;

b. By using the comprehensive assessment techniques and meeting local requirements, and were not classified pursuant to chapter 46 of Title 18A of the New Jersey Statutes; and

c. By using the comprehensive assessment techniques, meeting local requirements, and were classified pursuant to chapter 46 of Title 18A of the New Jersey Statutes.

This report to the commissioner shall be included as a portion of the district annual report required under section 11 of P.L.1975, c. 212 (C. 18A:7A-11).

##### **§ 18A:7C-8** Adult high school programs; diplomas {#sec-18a-7c-8 omnilex-key=us-nj-statutes--title-18a--18A:7C-8}

The Commissioner of Education shall also develop rules and regulations for and may issue State endorsed diplomas to those students who have successfully completed a State approved adult high school program.

##### **§ 18A:7C-9** Evaluation of state and local programs by Commissioner of Education {#sec-18a-7c-9 omnilex-key=us-nj-statutes--title-18a--18A:7C-9}

The Commissioner of Education shall monitor the results of the implementation of graduation requirements as provided herein, and shall from time to time, but at least once every 5 years review and evaluate State and local programs, and shall report the results of said review and evaluation to the Governor and the Legislature together with such recommendations for changes as may be appropriate to achieve the purposes of this act.

##### **§ 18A:7C-10** Annual report {#sec-18a-7c-10 omnilex-key=us-nj-statutes--title-18a--18A:7C-10}

Not later than September 1, 1989 and annually thereafter, the Commissioner of Education shall report to the Governor and Legislature on the impact of the State graduation proficiency test required pursuant to section 6 of P.L. 1979, c. 241 (C. 18A:7C-6). In addition to including data on test performance of students, this annual report shall include data on the number of students who have dropped out of school, the number of students who have failed to take the test, curriculum realignments in grades K-12 to prepare students for the examination, analysis of remediation efforts for students who have failed the examination, testing requirements and practices in grades K-8 and any other related matters requested by the Chairman of the Joint Committee on the Public Schools or the chairman of the education committee of either House of the Legislature. The report shall also enumerate the efforts by the Department of Education to assist local school districts in the areas of pupil retention, curriculum alignment and remediation.

##### **§ 18A:7C-11** Status report {#sec-18a-7c-11 omnilex-key=us-nj-statutes--title-18a--18A:7C-11}

a. Not later than September 1, 1990 the Joint Committee on the Public Schools shall evaluate and report to the Legislature on the status of proficiency testing in the public schools of New Jersey. Among other topics the report shall specifically address: (1) how New Jersey's testing program compares to that in other states, (2) the advisability of requiring State administered tests in elementary grades, and (3) whether any changes in the statutes providing for the State graduation proficiency test are appropriate. The committee's analysis shall include an evaluation of all provisions of this amendatory and supplementary act and any recommendations for additional legislation. The joint committee shall use the funds appropriated or otherwise made available, in addition to all other resources to which the committee may have access, to secure the expertise necessary to conduct this evaluation and shall report its findings to the Governor and Legislature.

b. Beginning in 1991, the Joint Committee on the Public Schools shall undertake an annual evaluation of the report submitted to the Legislature by the Commissioner of Education pursuant to section 7 of this amendatory and supplementary act.

##### **§ 18A:7C-12** Education programs, certain, in county juvenile detention centers, validity in public school districts. {#sec-18a-7c-12 omnilex-key=us-nj-statutes--title-18a--18A:7C-12}

1. Notwithstanding any provision of law to the contrary, in the case of a student enrolled in an educational program in a county juvenile detention center that meets the standards for a thorough and efficient education developed by the Office of Education in the Youth Justice Commission, in consultation with the Commissioner of Education, pursuant to section 9 of P.L. 1979, c.207 (C.18A:7B-5), who subsequently enrolls in a public school district, the district shall accept all days of attendance and courses studied by the student at the county juvenile detention center and apply them toward district requirements for elementary, middle, or high school graduation.

##### **§ 18A:7C-13** Findings, declarations relative to the State Seal of Biliteracy. {#sec-18a-7c-13 omnilex-key=us-nj-statutes--title-18a--18A:7C-13}

1. The Legislature finds and declares that:

a. It is the intent of the Legislature to encourage excellence for all students, and the Legislature wishes to publicly recognize students for exemplary achievements in academic studies;

b. The study of foreign languages in elementary and secondary schools should be encouraged because it contributes to a student's cognitive development and to the national economy and security;

c. Proficiency in multiple languages is critical in enabling New Jersey to participate more effectively in the current global political, social, and economic context, and in expanding trade with other countries;

d. The demand for employees to be fluent in more than one language is increasing in New Jersey and throughout the world;

e. The benefits to employers in having staff fluent in more than one language are clear: access to expanding markets, allowing business owners to better serve their customers' needs, and the sparking of new marketing ideas that better target a particular audience and open a channel of communication with customers; and

f. It is the intent of the Legislature to promote linguistic proficiency and cultural literacy in one or more foreign languages in addition to English and to provide recognition of the attainment of those needed and important skills through the establishment of the State Seal of Biliteracy. The State Seal of Biliteracy would be affixed on the high school transcripts of graduating students attaining proficiency in one or more foreign languages in addition to English.

##### **§ 18A:7C-14** Purposes of the State Seal of Biliteracy. {#sec-18a-7c-14 omnilex-key=us-nj-statutes--title-18a--18A:7C-14}

2. The State Seal of Biliteracy is established to recognize high school graduates who have attained a high level of proficiency in speaking, reading, and writing in one or more foreign languages in addition to English. The State Seal of Biliteracy shall be awarded by the local board of education to graduating high school seniors who meet the criteria established by the State Board of Education pursuant to subsection a. of section 3 of this act. School district participation in this program is voluntary.

The purposes of the State Seal of Biliteracy are as follows:

a. To encourage students to study languages;

b. To certify attainment of biliteracy;

c. To provide employers with a method of identifying people with language and biliteracy skills;

d. To provide universities with a method to recognize and award academic credit to applicants seeking admission;

e. To prepare students with 21st century skills;

f. To recognize and promote foreign language instruction in public schools; and

g. To strengthen intergroup relationships, affirm the value of diversity, and honor the multiple cultures and languages of a community.

##### **§ 18A:7C-15** Rules. {#sec-18a-7c-15 omnilex-key=us-nj-statutes--title-18a--18A:7C-15}

3. a. The State Board of Education shall promulgate rules pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), establishing criteria for the award of a State Seal of Biliteracy. The criteria shall require a student to demonstrate proficiency in English by meeting State high school graduation requirements in English, including through State assessments and credits, and proficiency in one or more foreign languages other than English. The criteria shall permit a student to demonstrate proficiency in a foreign language other than English through multiple methods, including nationally or internationally recognized language proficiency tests.

For the purposes of this section, a foreign language other than English shall also include American Sign Language, Latin, and Native American languages.

b. The Commissioner of Education shall prepare and deliver to participating school districts a certificate to be awarded to the student and an appropriate insignia to be affixed to the transcript of the student indicating that the student has been awarded the State Seal of Biliteracy. The commissioner shall also provide any information the commissioner deems necessary for a school district to successfully participate in the program.

c. A school district that participates in the program under this section shall maintain appropriate records in order to identify students who have earned the State Seal of Biliteracy, and shall award the certificate and affix the appropriate insignia to a qualifying student's transcript.

d. A school district that participates in the program may pay the costs of the program or may charge a fee to students who participate to cover the costs.

##### **§ 18A:7C-16** Report to Governor, Legislature. {#sec-18a-7c-16 omnilex-key=us-nj-statutes--title-18a--18A:7C-16}

4. The commissioner shall submit a report to the Governor, and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), by September 1 of each school year that includes the number of students awarded the State Seal of Biliteracy in the previous school year, the languages in which those students attained proficiency, and the methods used by students to demonstrate proficiency for the State Seal of Biliteracy.

## **Chapter 7D** {#struct-chapter-7d}

##### **§ 18A:7D-28.5** New budget increase for supplemental State aid {#sec-18a-7d-28.5 omnilex-key=us-nj-statutes--title-18a--18A:7D-28.5}

4. Each regional school district formed after the effective date of this act shall, for the purposes of calculation of its maximum permissible net budget pursuant to the provisions of section 85 of P.L.1990, c.52 (C.18A:7D-28), have its net budget for the prebudget year increased by an amount equal to the supplemental State aid received by the district pursuant to section 3 of this act plus the amount of any start-up costs incurred by the district in the regionalization process including, but not limited to, the costs to the district of a regionalization study, program expansion, transportation expansion, and modifications to collective bargaining agreements.

## **Chapter 7E** {#struct-chapter-7e}

##### **§ 18A:7E-1** Findings, declarations on school report card programs {#sec-18a-7e-1 omnilex-key=us-nj-statutes--title-18a--18A:7E-1}

1. The Legislature finds and declares that:

a. The State of New Jersey has invested more resources than virtually any other state in the nation in its students, teachers and schools, yet parents and other interested members of the community have a difficult time determining the educational results of the expenditure of their tax dollars;

b. Obtaining complete and accurate information on the performance of local schools can be a difficult and confusing task and concerned individuals have no place to turn to get an objective and authoritative evaluation of their local schools;

c. The establishment of school report cards would provide a simple and uniform mechanism for measuring the return on the investment which the people of this State are making in the education of their children;

d. Nationally, a school report card program is recognized as an important component of the current educational reform effort; and

e. The Commissioner of Education is encouraged to seek continued financial and technical support from the business and nonprofit communities for the preparation and dissemination of the report cards.

##### **§ 18A:7E-2** School Report Card Program {#sec-18a-7e-2 omnilex-key=us-nj-statutes--title-18a--18A:7E-2}

2. The Commissioner of Education shall develop and administer a School Report Card Program. The program shall provide for the annual preparation and dissemination of a school report card to parents and other interested taxpayers within each local school district. In order to avoid duplication and minimize the expense of this program, the commissioner shall coordinate the school report card program with other State and federal programs that require school districts to collect and publish data. The commissioner is authorized to collect the data and to define the terms as necessary to effectuate the purposes of this act.

##### **§ 18A:7E-3** Report card information. {#sec-18a-7e-3 omnilex-key=us-nj-statutes--title-18a--18A:7E-3}

3. Report cards issued pursuant to section 2 of P.L.1995, c.235 (C.18A:7E-2) shall include, but not be limited to, the following information for:

a. the school district and for each school within the district, as appropriate:

(1) results of the elementary assessment programs;

(2) results of the Early Warning Test;

(3) results of the High School Proficiency Test;

(4) daily attendance records for students and professional staff;

(5) student graduation and dropout rates;

(6) annual student scores on the Scholastic Aptitude Test;

(7) total student enrollment, percentage of limited English proficient students, percentage of students in advanced placement courses, and any other school characteristics which the commissioner deems appropriate;

(8) instructional resources including teacher/student ratio, average class size and amount of instructional time per day, as calculated by formulas specified by the commissioner;

(9) a written narrative by the school principal or a designee which describes any special achievements, events, problems or initiatives of the school or district;

(10) data identifying the number and nature of all reports of harassment, intimidation, or bullying;

(11) indicators of student career readiness;

(12) the number and percentage of students who were chronically absent, as defined in rules and regulations promulgated by the Commissioner of Education within 90 days of the effective date of P.L.2018, c.23 (C.18A:38-25.1 et al.), including the number and percentage of students who were chronically absent disaggregated by multiple student subgroups to be determined by the commissioner;

(13) the number, percentage, and demographics, including race, gender, disability, grade level, and eligibility for free or reduced-price lunch under the National School Lunch Program, of students who received one or more suspensions or expulsions or who were reported to or arrested by law enforcement, by category of offense, pursuant to the provisions of the Uniform State Memorandum of Agreement Between Education and Law Enforcement Officials; and

(14) the number of school psychologists, school counselors, social workers, student assistance coordinators, and other mental health professionals employed by, or under contract with, the school district to provide mental health services to students, and the ratio of students to the total number of mental health professionals providing services in the school and the district; and

(15) the number of school safety specialists; and

b. the school district, as appropriate:

(1) per pupil expenditures and State aid ratio;

(2) percent of budget allocated for salaries and benefits of administrative personnel;

(3) percent of budget allocated for salaries and benefits of teachers;

(4) percentage increase over the previous year for salaries and benefits of administrative and instructional personnel;

(5) the number of administrative personnel and the ratio of administrative personnel to instructional personnel;

(6) a profile of the most recent graduating class concerning their educational or employment plans following graduation; and

(7) any other information which the commissioner deems appropriate.

For the purposes of this section, the Commissioner of Education shall establish a uniform methodology for the reporting of the data concerning administrative personnel on a full-time equivalent basis.

##### **§ 18A:7E-4** Statewide, district averages included {#sec-18a-7e-4 omnilex-key=us-nj-statutes--title-18a--18A:7E-4}

4. The school report card shall include, for purposes of comparison and review, the Statewide average for each element reported by school and a comparison of the district averages for each element reported by district with the averages of school districts which have similar characteristics as defined by the commissioner.

##### **§ 18A:7E-5** Rules, regulations {#sec-18a-7e-5 omnilex-key=us-nj-statutes--title-18a--18A:7E-5}

5. 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.) necessary to effectuate the purposes of this act.

## **Chapter 7F** {#struct-chapter-7f}

##### **§ 18A:7F-4.1** Findings, declarations relative to core curriculum content standards and cross-content workplace readiness standards. {#sec-18a-7f-4.1 omnilex-key=us-nj-statutes--title-18a--18A:7F-4.1}

1. The Legislature finds and declares that:

a. the five cross-content workplace readiness standards, which are a part of the core curriculum content standards, apply to all areas of instruction and are concepts which are designed to be integrated by teachers into all programs in content-specific and grade-appropriate ways;

b. one of the cross-content workplace readiness standards is the requirement that all students use technology;

c. with the growing importance of technology to our society, it is vital that students receive an education that emphasizes technological literacy;

d. rather than being one component of the cross-content workplace readiness standards, technology, given its importance in our knowledge-based economy, should rightfully be one of the core fields of study in school, along with mathematics, science, social studies, world languages, visual and performing arts, comprehensive health and physical education and language arts/literacy that currently comprise the core curriculum content areas.

##### **§ 18A:7F-4.2** Adoption of core curriculum content standards for technology. {#sec-18a-7f-4.2 omnilex-key=us-nj-statutes--title-18a--18A:7F-4.2}

2. a. Within one year of the effective date of this act, the State Board of Education shall adopt core curriculum content standards in the area of technology.

b. The State board shall convene a committee comprised of educators, business persons, information technology professionals, parents and Department of Education personnel to develop a set of core curriculum content standards in the area of technology. In developing the standards the committee shall review the Standards for Technological Literacy set forth by the International Technology Education Association, other states' standards and any other information deemed relevant by the committee. The committee shall engage experts to review the standards it develops.

c. Prior to adopting the core curriculum content standards in the area of technology, the State board shall conduct at least one public hearing in the northern part of the State, at least one public hearing in the central part of the State, and at least one public hearing in the southern part of the State for the purpose of permitting the public to comment on the rigor, clarity and reasonableness of the standards developed by the committee.

##### **§ 18A:7F-4.3** Information relative to organ donation given to students in grades 9 through 12. {#sec-18a-7f-4.3 omnilex-key=us-nj-statutes--title-18a--18A:7F-4.3}

3. a. The State Board of Education, in consultation with the organ procurement organizations designated pursuant to 42 U.S.C.s.1320b-8 to serve in the State of New Jersey, shall review the Core Curriculum Content Standards for Comprehensive Health and Physical Education to ensure that information about organ donation is included therein to students in grades 9 through 12, beginning with the 2009-2010 school year.

(1) The goals of the instruction shall be:

(a) to emphasize the benefits of organ and tissue donation to the health and well-being of society generally, and to individuals whose lives are saved by organ and tissue donations, so that students will be motivated to make an affirmative decision to register as a donor when they become adults;

(b) to fully address myths and misunderstandings regarding organ and tissue donation;

(c) to explain the options available to adults, including the option of designating a decision-maker to make the donation decision on one's behalf; and

(d) to instill an understanding of the consequences when an individual does not make a decision to become an organ donor and does not register or otherwise record a designated decision-maker;

(2) The instruction shall inform students that beginning five years from the date of enactment of P.L.2008, c.48 (C.26:6-66 et al.), the New Jersey Motor Vehicle Commission will not issue or renew a New Jersey driver's license or personal identification card unless a prospective or renewing licensee or card holder makes an acknowledgement regarding the donor decision pursuant to section 8 of P.L.2008, c.48 (C.39:3-12.4).

b. The Commissioner of Education, through the non-public school liaison in the Department of Education, shall make any related instructional materials available to private schools educating students in grades 9 through 12, or any combination thereof. Such schools are encouraged to use the instructional materials at the school; however, nothing in this subsection shall be construed to require such schools to use the materials.

##### **§ 18A:7F-4.4** New Jersey Student Learning Standards, information literacy; definition. {#sec-18a-7f-4.4 omnilex-key=us-nj-statutes--title-18a--18A:7F-4.4}

1. a. As used in this act, the term "information literacy" means a set of skills that enables an individual to recognize when information is needed and to locate, evaluate, and use effectively the needed information. Information literacy includes, but is not limited to, digital, visual, media, textual, and technological literacy.

b. The State Board of Education shall adopt New Jersey Student Learning Standards in information literacy. The content of information literacy shall include, at a minimum:

(1) the research process and how information is created and produced;

(2) critical thinking and using information resources;

(3) research methods, including the difference between primary and secondary sources;

(4) the difference between facts, points of view, and opinions;

(5) accessing peer-reviewed print and digital library resources;

(6) the economic, legal, and social issues surrounding the use of information; and

(7) the ethical production of information.

c. Each school district shall incorporate instruction on information literacy in an appropriate place in the curriculum of students in grades kindergarten through 12 as part of the district's implementation of the New Jersey Student Learning Standards. The school library media specialist shall be included in the development of curriculum concerning information literacy whenever possible.

##### **§ 18A:7F-4.5** Committee, established, standards, review. {#sec-18a-7f-4.5 omnilex-key=us-nj-statutes--title-18a--18A:7F-4.5}

2. The Department of Education shall convene a committee comprised of educators, the majority of which shall include certified school library media specialists, as well as teaching staff members across a broad spectrum of subject areas, to develop New Jersey Student Learning Standards in information literacy. The committee shall engage experts to review the standards it develops.

##### **§ 18A:7F-4.6** Public hearings, comment. {#sec-18a-7f-4.6 omnilex-key=us-nj-statutes--title-18a--18A:7F-4.6}

3. Prior to adopting New Jersey Student Learning Standards concerning information literacy, the State board shall conduct at least one public hearing in the northern part of the State, at least one public hearing in the central part of the State, and at least one public hearing in the southern part of the State for the purpose of permitting the public to comment on the rigor, clarity, and reasonableness of the standards developed by the committee.

##### **§ 18A:7F-4.7** Effective date; adopted standards, concurrent. {#sec-18a-7f-4.7 omnilex-key=us-nj-statutes--title-18a--18A:7F-4.7}

4. This act shall take effect immediately. The standards adopted by the State Board of Education pursuant to subsection b. of section 1 of P.L.2022, c.138 (C.18A:7F-4.4) shall occur concurrent with each update to the New Jersey Student Learning Standards required pursuant to section 4 of P.L.2007, c.260 (C.18A:7F-46).

##### **§ 18A:7F-5** Notification of districts of aid payable; budget submissions. {#sec-18a-7f-5 omnilex-key=us-nj-statutes--title-18a--18A:7F-5}

5. As used in this section, "cost of living" means the CPI as defined in section 3 of P.L.2007, c.260 (C.18A:7F-45).

a. Within 30 days following the approval of the Educational Adequacy Report, the commissioner shall notify each district of the base per pupil amount, the per pupil amounts for full-day preschool, the weights for grade level, county vocational school districts, at-risk pupils, bilingual pupils, and combination pupils, the cost coefficients for security aid and for transportation aid, the State average classification rate and the excess cost for general special education services pupils, the State average classification rate and the excess cost for speech-only pupils, and the geographic cost adjustment for each of the school years to which the report is applicable.

Annually, within two days following the transmittal of the State budget message to the Legislature by the Governor pursuant to section 11 of P.L.1944, c.112 (C.52:27B-20), the commissioner shall notify each district of the maximum amount of aid payable to the district in the succeeding school year pursuant to the provisions of P.L.2007, c.260 (C.18A:7F-43 et al.), and shall notify each district of the district's adequacy budget for the succeeding school year.

For the 2008-2009 school year and thereafter, unless otherwise specified within P.L.2007, c.260 (C.18A:7F-43 et al.), aid amounts payable for the budget year shall be based on budget year pupil counts, which shall be projected by the commissioner using data from prior years. Adjustments for the actual pupil counts of the budget year shall be made to State aid amounts payable during the school year succeeding the budget year. Additional amounts payable shall be reflected as revenue and an account receivable for the budget year.

Notwithstanding any other provision of this act to the contrary, each district's State aid payable for the 2008-2009 school year, with the exception of aid for school facilities projects, shall be based on simulations employing the various formulas and State aid amounts contained in P.L.2007, c.260 (C.18A:7F-43 et al.). The commissioner shall prepare a report dated December 12, 2007 reflecting the State aid amounts payable by category for each district and shall submit the report to the Legislature prior to the adoption of P.L.2007, c.260 (C.18A:7F-43 et al.). Except as otherwise provided pursuant to this subsection and paragraph (3) of subsection d. of section 5 of P.L.2007, c.260 (C.18A:7F-47), the amounts contained in the commissioner's report shall be the final amounts payable and shall not be subsequently adjusted other than to reflect the phase-in of the required general fund local levy pursuant to paragraph (4) of subsection b. of section 16 of P.L.2007, c.260 (C.18A:7F-58) and to reflect school choice aid to which a district may be entitled pursuant to section 20 of that act. The projected pupil counts and equalized valuations used for the calculation of State aid shall also be used for the calculation of adequacy budget, local share, and required local share. For 2008-2009, extraordinary special education State aid shall be included as a projected amount in the commissioner's report dated December 12, 2007 pending the final approval of applications for the aid. If the actual award of extraordinary special education State aid is greater than the projected amount, the district shall receive the increase in the aid payable in the subsequent school year pursuant to the provisions of subsection c. of section 13 of P.L.2007, c.260 (C.18A:7F-55). If the actual award of extraordinary special education State aid is less than the projected amount, other State aid categories shall be adjusted accordingly so that the district shall not receive less State aid than as provided in accordance with the provisions of sections 5 and 16 of P.L.2007, c.260 (C.18A:7F-47 and C.18A:7F-58).

In the event that the commissioner determines, following the enactment of P.L.2007, c.260 (C.18A:7F-43 et al.) but prior to the issuance of State aid notices for the 2008-2009 school year, that a significant district-specific change in data warrants an increase in State aid for that district, the commissioner may adjust the State aid amount provided for the district in the December 12, 2007 report to reflect the increase.

b. Each district shall have a required local share. For districts that receive educational adequacy aid pursuant to subsection b. of section 16 of P.L.2007, c.260 (C.18A:7F-58), the required local share shall be calculated in accordance with the provisions of that subsection.

For all other districts, the required local share shall equal the lesser of the local share calculated at the district's adequacy budget pursuant to section 9 of P.L.2007, c.260 (C.18A:7F-51), or the district's budgeted local share for the prebudget year.

In order to meet this requirement, each district shall raise a general fund tax levy which equals its required local share.

No municipal governing body or bodies or board of school estimate, as appropriate, shall certify a general fund tax levy which does not meet the required local share provisions of this section.

c. Annually, on or before March 4, or on or before March 20 in the case of a school district with an annual school election in November, each district board of education shall adopt, and submit to the commissioner for approval, together with such supporting documentation as the commissioner may prescribe, a budget that provides for a thorough and efficient education. Notwithstanding the provisions of this subsection to the contrary, the commissioner may adjust the date for the submission of district budgets if the commissioner determines that the availability of preliminary aid numbers for the subsequent school year warrants such adjustment.

Notwithstanding any provision of this section to the contrary, for the 2005-2006 school year each district board of education shall submit a proposed budget in which the advertised per pupil administrative costs do not exceed the lower of the following:

(1) the district's advertised per pupil administrative costs for the 2004-2005 school year inflated by the cost of living or 2.5 percent, whichever is greater; or

(2) the per pupil administrative cost limits for the district's region as determined by the commissioner based on audited expenditures for the 2003-2004 school year.

The executive county superintendent of schools may disapprove the school district's 2005-2006 proposed budget if he determines that the district has not implemented all potential efficiencies in the administrative operations of the district. The executive county superintendent shall work with each school district in the county during the 2004-2005 school year to identify administrative inefficiencies in the operations of the district that might cause the superintendent to reject the district's proposed 2005-2006 school year budget.

For the 2006-2007 school year and each school year thereafter, each district board of education shall submit a proposed budget in which the advertised per pupil administrative costs do not exceed the lower of the following:

(1) the district's prior year per pupil administrative costs; except that the district may submit a request to the commissioner for approval to exceed the district's prior year per pupil administrative costs due to increases in enrollment, administrative positions necessary as a result of mandated programs, administrative vacancies, nondiscretionary fixed costs, and such other items as defined in accordance with regulations adopted pursuant to section 7 of P.L.2004, c.73. In the event that the commissioner approves a district's request to exceed its prior year per pupil administrative costs, the increase authorized by the commissioner shall not exceed the cost of living or 2.5 percent, whichever is greater; or

(2) the prior year per pupil administrative cost limits for the district's region inflated by the cost of living or 2.5 percent, whichever is greater.

d. (1) A district's general fund tax levy shall not exceed the district's adjusted tax levy as calculated pursuant to sections 3 and 4 of P.L.2007, c.62 (C.18A:7F-38 and 18A:7F-39).

(2) (Deleted by amendment, P.L.2007, c.260)

(3) (Deleted by amendment, P.L.2007, c.260)

(4) Any debt service payment made by a school district during the budget year shall not be included in the calculation of the district's adjusted tax levy.

(5) (Deleted by amendment, P.L.2007, c.260)

(6) (Deleted by amendment, P.L.2007, c.260)

(7) (Deleted by amendment, P.L.2004, c.73)

(8) (Deleted by amendment, P.L.2010, c.44)

(9) Any district may submit at the annual school budget election, in accordance with subsection c. of section 4 of P.L.2007, c.62 (C.18A:7F-39), a separate proposal or proposals for additional funds, including interpretive statements, specifically identifying the program purposes for which the proposed funds shall be used, to the voters, who may, by voter approval, authorize the raising of an additional general fund tax levy for such purposes. In the case of a district with a board of school estimate, one proposal for the additional spending shall be submitted to the board of school estimate. Any proposal or proposals submitted to the voters or the board of school estimate shall not: include any programs and services that were included in the district's prebudget year net budget unless the proposal is approved by the commissioner upon submission by the district of sufficient reason for an exemption to this requirement or include any new programs and services necessary for students to achieve the thoroughness standards established pursuant to subsection a. of section 4 of P.L.2007, c.260 (C.18A:7F-46).

A district without a board of school estimate may also submit to the voters at a special election authorized pursuant to section 2 of P.L.1995, c.278 (C.19:60-2), a separate proposal or proposals for additional funds for the subsequent budget year, including interpretive statements, specifically identifying the program purposes for which the proposed funds shall be used. A proposal submitted at a special election shall comply with the requirements of this paragraph and section 4 of P.L.2007, c.62 (C.18A:7F-39). A separate proposal or proposals for additional funds may only be submitted on a date of a special election once during a school year. Nothing in this paragraph shall be construed to prohibit the submission to the voters of a question or questions for the approval of a capital project or projects on the same special election date as the submission of a separate proposal or proposals for additional funds.

In the case of a school district in which the annual school election has been moved to November pursuant to subsection a. of section 1 of P.L.2011, c.202 (C.19:60-1.1), the school district may submit a separate proposal for additional funds for the budget year, or a separate proposal for additional funds for the subsequent budget year, or separate proposals for additional funds for each of those budget years. In the event that a school district submits a separate proposal for additional funds for the subsequent budget year and the separate proposal is approved, the school district shall not add to its adjusted tax levy for the subsequent budget year any amount authorized pursuant to subsection e. of section 4 of P.L.2007, c.62 (C.18A:7F-39).

The executive county superintendent of schools may prohibit the submission of a separate proposal or proposals to the voters or board of school estimate if he determines that the district has not implemented all potential efficiencies in the administrative operations of the district, which efficiencies would eliminate the need for the raising of an additional general fund tax levy.

(10) Notwithstanding any provision of law to the contrary, if a district proposes a budget with a general fund tax levy and equalization aid which exceed the adequacy budget, the following statement shall be published in the legal notice of public hearing on the budget pursuant to N.J.S.18A:22-28, and posted at the public hearing held on the budget pursuant to N.J.S.18A:22-29:

"Your school district has proposed programs and services in addition to the core curriculum content standards adopted by the State Board of Education. Information on this budget and the programs and services it provides is available from your local school district."

(11) Any reduction that may be required to be made to programs and services included in a district's prebudget year net budget in order for the district to limit the growth in its budget between the prebudget and budget years by its tax levy growth limitation as calculated pursuant to sections 3 and 4 of P.L.2007, c.62 (C.18A:7F-38 and 18A:7F-39), shall only include reductions to excessive administration or programs and services that are inefficient or ineffective.

e. (1) In the case of a district having a board of school estimate, other than a Type II district with a board of school estimate, which has a proposed budget that includes a general fund tax levy and equalization aid in excess of the adequacy budget, the general fund tax levy shall be submitted to the board for determination of the amount that should be expended. If the board of school estimate reduces the district's proposed budget, the district may appeal any of the reductions to the commissioner on the grounds that the reductions will negatively impact on the stability of the district given the need for long term planning and budgeting. In considering the appeal, the commissioner shall consider enrollment increases or decreases within the district, the impact on the local levy, and whether the reductions will impact on the ability of the district to fulfill its contractual obligations. A district may not appeal any reductions on the grounds that the amount is necessary for a thorough and efficient education.

(2) In the case of a district having a board of school estimate, other than a Type II district with a board of school estimate, which has a proposed budget that includes a general fund tax levy and equalization aid at or below the adequacy budget, the general fund tax levy shall be submitted to the board for determination. Any reductions may be appealed to the commissioner on the grounds that the amount is necessary for a thorough and efficient education or that the reductions will negatively impact on the stability of the district given the need for long term planning and budgeting. In considering the appeal, the commissioner shall also consider the factors outlined in paragraph (1) of this subsection.

In addition, the board of school estimate shall be required to demonstrate clearly to the commissioner that the proposed budget reductions shall not adversely affect the ability of the school district to provide a thorough and efficient education or the stability of the district given the need for long term planning and budgeting.

(3) In lieu of any budget reduction appeal provided for pursuant to paragraphs (1) and (2) of this subsection, the State board may establish pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), an expedited budget review process based on a district's application to the commissioner for an order to restore a budget reduction.

(4) When the board of education or the board of school estimate authorize the general fund tax levy, the district shall submit the resulting budget to the commissioner within 15 days of the authorization.

f. (Deleted by amendment, P.L.2007, c.260)

g. (Deleted by amendment, P.L.2007, c.260)

##### **§ 18A:7F-5c** Adjustments to school budget calendar, notification of nontenured personnel. {#sec-18a-7f-5c omnilex-key=us-nj-statutes--title-18a--18A:7F-5c}

3. Notwithstanding any other law to the contrary, the Commissioner of Education is authorized to make any adjustments to the school budget calendar and to the date for the notification of nontenured personnel pursuant to section 1 of P.L.1971, c.436 (C.18A:27-10) that are necessary to conform with the State aid notification date.

##### **§ 18A:7F-5d** Required local share. {#sec-18a-7f-5d omnilex-key=us-nj-statutes--title-18a--18A:7F-5d}

2. Notwithstanding the provisions of subsection b. of section 5 of P.L.1996, c.138 (C.18A:7F-5) or any other law to the contrary, in the 2019-2020 through 2024-2025 school years, a school district's required local share shall equal 102% of the budgeted local share for the prebudget year in any school year in which the school district experiences a reduction in State school aid pursuant to the provisions of P.L.2018, c.67 (C.18A:7F-67 et al.) and is spending below adequacy, as calculated pursuant to section 1 of P.L.2018, c.67 (C.18A:7F-70).

##### **§ 18A:7F-5.2** Sale, lease-back of textbooks; funds classification. {#sec-18a-7f-5.2 omnilex-key=us-nj-statutes--title-18a--18A:7F-5.2}

4. a. Proceeds from the sale and lease-back of textbooks and non-consumable instructional materials shall not be considered miscellaneous local general fund revenue for the purpose of calculating the net budget.

b. A board of education may establish a reserve account in the general fund with all or a part of the proceeds from the sale and lease-back of textbooks and non-consumable instructional materials provided that subsequent appropriations from the reserve account shall only be made within the original budget certified for taxes or as approved by the commissioner for good cause.

##### **§ 18A:7F-5.3** Additional supporting documents for budget submissions relative to certain school employees. {#sec-18a-7f-5.3 omnilex-key=us-nj-statutes--title-18a--18A:7F-5.3}

4. a. In addition to other items prescribed by the Commissioner of Education pursuant to subsection c. of section 5 of P.L.1996, c.138 (C.18A:7F-5), the Commissioner of Education shall require a school district to submit annually with the budget, the following items as supporting documentation in regard to the superintendent of schools, the assistant superintendent of schools, the school business administrator, and any employee with an annual salary that exceeds $75,000 who is not a member of a collective bargaining unit:

(1) a detailed statement of the employment contract terms for these school employees, including, but not limited to, the duration of the contract and all forms of compensation provided for under the contract;

(2) the annualized cost of all benefits provided to these school employees, including, but not limited to, all allowances, bonuses and stipends, and all contributions made by the school district towards the costs of health, dental, life and other types of insurance, medical and reimbursement plans, and retirement plans which exceed the contributions for the costs of these items made on behalf of a teaching staff member under a collective bargaining agreement with the board;

(3) a detailed statement of any benefits provided for in the employment contract with these school employees which are to be conferred after or upon the separation from the school district; and

(4) a detailed statement of any form of in-kind or other form of remuneration provided to these school employees which is not otherwise included in the employee's salary or benefits.

b. The items required to be submitted pursuant to subsection a. of this section shall be provided for public inspection on the school district's Internet site, if one exists, in a "user-friendly" format using plain language, and on the Department of Education's Internet site in an easily accessible location. The Commissioner of Education shall promulgate a "user-friendly," plain language format for the use of local districts for this purpose.

##### **§ 18A:7F-5.4** Submission of temporary budget for the school year. {#sec-18a-7f-5.4 omnilex-key=us-nj-statutes--title-18a--18A:7F-5.4}

41. A board of education of a school district in which the annual school election has been moved to November pursuant to subsection a. of section 1 of P.L.2011, c.202 (C.19:60-1.1) and which has determined to submit a proposal or proposals for additional funds for that budget year to the voters at the annual school election pursuant to paragraph (9) of subsection d. of section 5 of P.L.1996, c.138 (C.18A:7F-5), shall adopt and submit to the commissioner for approval pursuant to subsection c. of section 5 of P.L.1996, c.138 (C.18A:7F-5), a temporary budget for the school year pending the approval or disapproval of the proposal or proposals for additional funds for that budget year by the voters. The temporary budget shall be calculated pursuant to the provisions of P.L.2007, c.62 (C.18A:7F-37 et al.).

##### **§ 18A:7F-5.5** Proposals for additional funds. {#sec-18a-7f-5.5 omnilex-key=us-nj-statutes--title-18a--18A:7F-5.5}

42. In the case of a school district in which the annual school election has been moved to November pursuant to subsection a. of section 1 of P.L.2011, c.202 (C.19:60-1.1), if the voters authorize the proposal or proposals for additional funds for that budget year pursuant to paragraph (9) of subsection d. of section 5 of P.L.1996, c.138 (C.18A:7F-5), the district shall submit the resulting final budget to the commissioner within 15 days of the action of the voters. If the voters fail to authorize the proposal or proposals for additional funds for that budget year, the temporary budget shall be the final budget for the district for that school year.

##### **§ 18A:7F-5.6** Recertification of sums to be raised. {#sec-18a-7f-5.6 omnilex-key=us-nj-statutes--title-18a--18A:7F-5.6}

43. In the case of a school district in which the annual school election has been moved to November pursuant to subsection a. of section 1 of P.L.2011, c.202 (C.19:60-1.1), if the voters approve a proposal or proposals for additional funds for that budget year pursuant to paragraph (9) of subsection d. of section 5 of P.L.1996, c.138 (C.18A:7F-5), the secretary of the board of education shall re-certify to the county board of taxation the sum or sums to be raised by special district tax for the school year. The amount re-certified shall be included in the taxes assessed, levied, and collected in the municipality or municipalities comprising the district.

##### **§ 18A:7F-5.7** Actions deemed necessary for taxation purposes. {#sec-18a-7f-5.7 omnilex-key=us-nj-statutes--title-18a--18A:7F-5.7}

44. The Director of the Division of Local Government Services in the Department of Community Affairs and the Director of the Division of Taxation in the Department of the Treasury , in consultation with the Commissioner of Education, shall take such action as deemed necessary for the delivery of estimated tax bills and the recertification of the school district tax levy pursuant to section 43 of P.L.2011, c.202 (C.18A:7F-5.6) for districts in which the annual school election is in November and that determine to submit 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).

##### **§ 18A:7F-6** Approval of budget by commissioner. {#sec-18a-7f-6 omnilex-key=us-nj-statutes--title-18a--18A:7F-6}

6. a. The commissioner shall not approve any budget submitted pursuant to subsection c. of section 5 of this act unless he is satisfied that the district has adequately implemented within the budget the thoroughness and efficiency standards set forth pursuant to section 4 of P.L.2007, c.260 (C.18A:7F-46). In those instances in which a district submits a budget with a general fund tax levy and equalization aid set at less than its adequacy budget, the commissioner may, when he deems it necessary to ensure implementation of standards, direct additional expenditures, in specific accounts and for specific purposes, up to the district's adequacy budget. A district which submits a budget with a general fund tax levy and equalization aid set at less than its adequacy budget and which fails to meet core curriculum content standards in any school year shall be required to increase expenditures so as to meet at least the adequacy budget within the next two budget years. In all cases, including those instances in which a district submits a budget with a general fund tax levy and equalization aid above its adequacy budget, the commissioner may direct such budgetary reallocations and programmatic adjustments, or take such other measures, as he deems necessary to ensure implementation of the required thoroughness and efficiency standards.

b. In addition, whenever the commissioner determines, through the results of Statewide assessments conducted pursuant to law and regulation, or during the course of an evaluation of school performance conducted pursuant to section 10 of P.L.1975, c.212 (C.18A:7A-10), that a district, or one or more schools within the district, is failing to achieve the core curriculum content standards, the commissioner may summarily take such action as he deems necessary and appropriate, including but not limited to:

(1) directing the restructuring of curriculum or programs;

(2) directing staff retraining or reassignment;

(3) conducting a comprehensive budget evaluation;

(4) redirecting expenditures;

(5) enforcing spending at the full adequacy budget; and

(6) notwithstanding any provisions of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), to the contrary, reviewing the terms of future collective bargaining agreements.

The commissioner shall report any action taken under this subsection to the State board within 30 days. A board of education may appeal a determination that the district is failing to achieve the core curriculum content standards and any action of the commissioner to the State board.

Nothing in this section shall be construed to limit such general or specific powers as are elsewhere conferred upon the commissioner pursuant to law.

Nothing in this act shall be deemed to restrict or limit any rights established pursuant to the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), nor shall the commissioner's powers under this act be construed to permit the commissioner to restrict, limit, interfere with, participate, or be directly involved in collective negotiations, contract administration, or processing of grievances, or in relation to any terms and conditions of employment. This provision shall apply to an existing State-operated school district or a district that is placed under full State intervention only after the terms and conditions of a contract have been finalized.

c. (Deleted by amendment, P.L.2007, c.260).

d. In addition to the audit required of school districts pursuant to N.J.S.18A:23-1, the accounts and financial transactions of any school district in which the State aid equals 80% or more of its net budget for the budget year shall be directly audited by the Office of the State Auditor on an annual basis.

e. (Deleted by amendment, P.L.2007, 260).

##### **§ 18A:7F-7** Undesignated general fund balances, use, limits. {#sec-18a-7f-7 omnilex-key=us-nj-statutes--title-18a--18A:7F-7}

7. a. For the 2004-2005 school year, an undesignated general fund balance in excess of 3% of the budgeted general fund for the prebudget year or $100,000, whichever is greater, shall be appropriated by a school district based on surplus as anticipated pursuant to paragraph (2) of subsection a. of N.J.S.18A:22-8 and included in the budget prepared pursuant to section 5 of this act. In the event that the district's 2004-2005 budget is not approved by the voters of the district or the board of school estimate, the district may use the undesignated general fund balance which exceeds 3% to meet the reduction in tax levy certified by the municipal governing body or bodies or board of school estimate following review of the defeated budget. Any appropriation of the undesignated general fund balance made by board resolution following the April 2004 school budget election and prior to the effective date of P.L.2004, c.73 to the capital reserve account or maintenance reserve account or to increase spending for the 2003-2004 school year shall be null and void unless, upon written application to the commissioner, the district demonstrates that the appropriation was necessary for use in the 2003-2004 school year to meet the thoroughness standards established pursuant to subsection a. of section 4 of P.L.1996, c.138 (C.18A:7F-4) and no other line item account balances were available.

In the 2005-2006 school year and thereafter, an undesignated general fund balance in excess of 2% of the budgeted general fund for the prebudget year or $250,000, whichever is greater, shall be appropriated by a school district for the purpose of the budget prepared pursuant to section 5 of this act.

The amount of any funds made available for appropriation as a result of the reduction in the percentage of authorized undesignated general fund balance pursuant to P.L.2004, c.73 shall be used to reduce the general fund tax levy required for the budget year.

In the case of a county vocational school district, if the amount of the budgeted general fund for the prebudget year is $100 million or less, an undesignated general fund balance in excess of 6% of that amount or $250,000, whichever is greater, shall be appropriated by the county vocational school district for the purpose of the budget prepared pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5). If the amount of the budgeted general fund for the prebudget year exceeds $100 million, an undesignated general fund balance in excess of 6% of the first $100 million and in excess of 3% of the amount which exceeds $100 million shall be appropriated by a county vocational school district for the purpose of the budget prepared pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5).

b. Notwithstanding the provisions of subsection a. of this section, the district may, with the approval of the commissioner, appropriate any anticipated excess undesignated general fund balance to the capital reserve account established pursuant to N.J.S.18A:21-3 or section 57 of P.L.2000, c.72 (C.18A:7G-31) for that purpose.

c. If it is determined that the undesignated general fund balances at June 30 of any school year exceed those permitted under subsection a. of this section, the excess undesignated general fund balances shall be reserved and designated in the subsequent year's budget submitted to the commissioner pursuant to subsection c. of section 5 of this act.

d. The commissioner may withhold State aid in an amount not to exceed the excess undesignated general fund balances for failure to comply with subsection c. of this section.

e. Proceeds from the sale and lease-back of textbooks and non-consumable instructional materials shall not be included in the calculation of excess undesignated general fund balance during the budget year in which they are realized.

##### **§ 18A:7F-7.1** Increase in certain fund balance by school district. {#sec-18a-7f-7.1 omnilex-key=us-nj-statutes--title-18a--18A:7F-7.1}

3. A school district may increase the amount of undesignated general fund balance for the budget year authorized pursuant to section 7 of P.L.1996, c.138 (C.18A:7F-7) by the amount of any revenue received by the district under a contract entered into pursuant to section 1 of P.L.2010, c.121 (C.18A:39-31).

##### **§ 18A:7F-8** Payments to school district by State Treasurer, dates. {#sec-18a-7f-8 omnilex-key=us-nj-statutes--title-18a--18A:7F-8}

8. The amounts payable to each school district and county vocational school district pursuant to this act shall be paid by the State Treasurer upon the certification of the commissioner and warrant of the Director of the Division of Budget and Accounting. Five percent of the appropriation for equalization aid, special education categorical aid, preschool education aid, security aid, transportation aid, adjustment aid, and any other aid pursuant to P.L.2007, c.260 (C.18A:7F-43 et al.) shall be paid on the eighth and twenty-second of each month from September through June. If a local board of education requires funds prior to the first payment, the board shall file a written request with the commissioner stating the need for the funds. The commissioner shall review each request and forward for payment those for which need has been demonstrated.

Facilities funds shall be paid as required to meet due dates for payment of principal and interest. Each school district, county vocational school district, and county special services school district shall file an annual report regarding facilities payments to the commissioner. The report shall include the amount of interest bearing school debt, if any, of the municipality or district then remaining unpaid, together with the rate of interest payable thereon, the date or dates on which the bonds or other evidences of indebtedness were issued, and the date or dates upon which they fall due. In the case of a Type I school district, the board secretary shall secure the schedule of outstanding obligations from the clerk of the municipality.

##### **§ 18A:7F-9** Receipt of State aid by school district; conditions. {#sec-18a-7f-9 omnilex-key=us-nj-statutes--title-18a--18A:7F-9}

9. a. In order to receive any State aid pursuant to P.L.2007, c.260 (C.18A:7F-43 et al.), a school district, charter school, renaissance school project, county vocational school district, or county special services school district shall comply with the rules and standards for the equalization of opportunity which have been or may hereafter be prescribed by law or formulated by the commissioner pursuant to law, including those implementing P.L.1996, c.138 (C.18A:7F-1 et al.) and P.L.2007, c.260 (C.18A:7F-43 et al.) or related to the core curriculum content standards required by P.L.2007, c.260 (C.18A:7F-43 et al.), and shall further comply with any directive issued by the commissioner pursuant to section 6 of P.L.1996, c.138 (C.18A:7F-6). The commissioner is hereby authorized to withhold all or part of a district's State aid for failure to comply with any rule, standard or directive. No State aid shall be paid to any district which has not provided public school facilities for at least 180 days during the preceding school year, but the commissioner, for good cause shown, may remit the penalty.

b. Notwithstanding the provisions of subsection a. of this section to the contrary, in the event that a school district is required to close the schools of the district for more than three consecutive school days due to a declared state of emergency, declared public health emergency, or a directive by the appropriate health agency or officer to institute a public health-related closure, the commissioner shall allow the district to apply to the 180-day requirement established pursuant to subsection a. of this section, one or more days of virtual or remote instruction provided to students on the day or days the schools of the district were closed if the program of virtual or remote instruction meets such criteria as may be established by the commissioner. A district that wants to use a program of virtual or remote instruction to meet the 180-day requirement in accordance with this subsection shall, with board of education approval, submit its proposed program of virtual or remote instruction to the commissioner within 30 days of the effective date of P.L.2020, c.27 and annually thereafter, provided however that if the school district is unable to complete and submit its proposed program within the 30-day period and the district is required to close its schools for a declared state of emergency, declared public health emergency, or a directive by the appropriate health agency or officer to institute a public health-related closure, the commissioner may retroactively approve the program.

A day of virtual or remote instruction, if instituted under a program approved by the commissioner, shall be considered the equivalent of a full day of school attendance for the purposes of meeting State and local graduation requirements, the awarding of course credit, and such other matters as determined by the commissioner.

If a program of virtual or remote instruction is implemented for the general education students the same educational opportunities shall be provided to students with disabilities. Special education and related services, including speech language services, counseling services, physical therapy, occupational therapy, and behavioral services, may be delivered to students with disabilities through the use of electronic communication or a virtual or online platform and as required by the student's Individualized Education Program (IEP), to the greatest extent practicable.

c. In the event that the State or local health department determines that it is advisable to close or mandates closure of the schools of a school district due to a declared state of emergency, declared public health emergency, or a directive by the appropriate health agency or officer to institute a public health-related closure, the superintendent of schools shall have the authority to implement the school district's program of virtual or remote instruction. The superintendent shall consult with the board of education prior to such decision if practicable. The superintendent shall ensure that students, parents, staff, and the board of education or boards of education are informed promptly of the superintendent's decision.

d. The commissioner shall define virtual and remote instruction and establish guidance for its use. The guidance shall provide school districts with information on:

(1) providing instruction to students who may not have access to a computer or to sufficient broadband, or to any technology required for virtual or remote instruction;

(2) the required length of a virtual or remote instruction day;

(3) the impact of virtual or remote instruction on the school lunch and school breakfast programs;

(4) the impact of virtual or remote instruction on the schedule for administering State assessments; and

(5) such other topics as the commissioner deems necessary.

e. (1) Nothing in subsection b., c., or d. of this section shall be construed to limit, supersede or preempt the rights, privileges, compensation, remedies, and procedures afforded to public school employees or a collective bargaining unit under federal or State law or any provision of a collective bargaining agreement entered into by the school district. In the event of the closure of the schools of a school district due to a declared state of emergency, declared public health emergency, or a directive by the appropriate health agency or officer to institute a public health-related closure for a period longer than three consecutive school days, public school employees covered by a collective negotiations agreement shall be entitled to compensation, benefits, and emoluments as provided in the collective negotiations agreement as if the school facilities remained open for any purpose and for any time lost as a result of school closures or use of virtual or remote instruction, except that additional compensation, benefits, and emoluments may be negotiated for additional work performed.

(2) In the event of the closure of the schools of a school district due to a declared state of emergency, declared public health emergency, or a directive by the appropriate health agency or officer to institute a public health-related closure for a period longer than three consecutive school days, public school employees who are not covered by a collective negotiations agreement shall be entitled to any benefits, compensation, and emoluments to which they otherwise would be entitled as if they had performed the work for such benefits, compensation, and emoluments as if the school facilities remained open for any purpose and for any time lost as a result of school closures or use of virtual or remote instruction.

(3) If the schools of a school district are subject to a health-related closure for a period longer than three consecutive school days, which is the result of a declared state of emergency, declared public health emergency, or a directive by the appropriate health agency or officer, then the school district shall continue to make payments of benefits, compensation, and emoluments pursuant to the terms of a contract with a contracted service provider in effect on the date of the closure as if the services for such benefits, compensation, and emoluments had been provided, and as if the school facilities had remained open. Payments received by a contracted service provider pursuant to this paragraph shall be used to meet the payroll and fixed costs obligations of the contracted service provider, and employees of the contracted service provider shall be paid as if the school facilities had remained open and in full operation. A school district shall make all reasonable efforts to renegotiate a contract in good faith subject to this paragraph and may direct contracted service providers, who are a party to a contract and receive payments from the school district under this paragraph, to provide services on behalf of the school district which may reasonably be provided and are within the general expertise or service provision of the original contract. Negotiations shall not include indirect costs such as fuel or tolls. As a condition of negotiations, a contracted service provider shall reveal to the school district whether the entity has insurance coverage for business interruption covering work stoppages. A school district shall not be liable for the payment of benefits, compensation, and emoluments pursuant to the terms of a contract with a contracted service provider under this paragraph for services which otherwise would not have been provided had the school facilities remained open. Nothing in this paragraph shall be construed to require a school district to make payments to a party in material breach of a contract with a contracted service provider if the breach was not due to a closure resulting from a declared state of emergency, declared public health emergency, or a directive by the appropriate health agency or officer.

(4) If the schools of a school district are subject to a health-related closure for a period longer than three consecutive school days, which is the result of a declared state of emergency, declared public health emergency, or a directive by the appropriate health agency or officer, the school district shall be obligated to make payments for benefits, compensation, and emoluments and all payments required pursuant to P.L.1968, c.243 (C.18A:6-51 et seq.), to an educational services commission, county special services school district, and a jointure commission, and under any shared services agreement and cooperative contract entered into with any other public entity. An educational services commission, county special services school district, and jointure commission shall continue to make payments of benefits, compensation, and emoluments pursuant to the terms of a contract with a contracted service provider or a shared services agreement in effect on the date of the closure as if the services for such benefits, compensation, and emoluments had been provided, and as if the school facilities had remained open. Payments received by a contracted service provider or public entity pursuant to this paragraph shall be used to meet the payroll and fixed costs obligations of the contracted service provider or public entity, and employees of the contracted service provider or public entity shall be paid as if the school facilities had remained open and in full operation. Upon request of the school district, the educational services commission, county special services school district, and a jointure commission shall certify, and provide any supporting documentation to a school district as may be necessary to verify, that payments received have been used solely to meet the payroll and fixed costs of the contracted service provider or public entity. Any portion of those payments not used to meet the payroll and fixed costs shall be returned to the school district. An educational services commission, county special services school district, jointure commission or any lead school district under a shared services agreement or cooperative contract, shall make all reasonable efforts to renegotiate a contract in good faith subject to this paragraph and may direct contracted service providers or public entities, who are a party to a contract and receive payments under this paragraph, to provide services which may reasonably be provided and are within the general expertise or service provision of the original contract. Negotiations shall not include indirect costs such as fuel or tolls. As a condition of negotiations, a contracted service provider or public entity shall reveal whether the entity has insurance coverage for business interruption covering work stoppages.

(5) The provisions of paragraphs (1) through (4) of this subsection e. shall not apply to any employee whose weekly hours of work are reduced, and to whom unemployment benefits are provided, pursuant to a shared work program approved pursuant to the provisions of P.L.2011, c.154 (C.43:21-20.3 et seq.). A contracted service provider, educational services commission, county special services school district, or jointure commission shall notify any school district with which it has entered into a contract to provide services of its intent to reduce the hours of work of its employees pursuant to a shared work program approved pursuant to the provisions of P.L.2011, c.154 (C.43:21-20.3 et seq.). Notwithstanding the provisions of paragraph (3) of this subsection e., if a contracted service provider reduces the amount that it pays to its employees providing services to a school district, and that reduction is the result of a reduction of workhours of those employees made pursuant to a shared work program approved pursuant to the provisions of P.L.2011, c.154 (C.43:21-20.3 et seq.), then the amount paid by the public school district to the contracted service provider shall be reduced by the same amount. Notwithstanding the provisions of paragraph (4) of this subsection e., if an educational services commission, county special services school district, or jointure commission reduces the amount that it pays to its employees providing services to a school district, and that reduction is the result of a reduction of workhours of the those employees made pursuant to a shared work program approved pursuant to the provisions of P.L.2011, c.154 (C.43:21-20.3 et seq.), then the amount paid by the public school district to the educational services commission, county special services school district, or jointure commission shall be reduced by the same amount.

f. For purposes of subsections b., c., d., and e. of this section, "school district" shall include a charter school and a renaissance school project.

##### **§ 18A:7F-24** Submission of budget for educational programs in State facilities. {#sec-18a-7f-24 omnilex-key=us-nj-statutes--title-18a--18A:7F-24}

24. Annually by December 15, the Department of Corrections, the Department of Human Services, the Department of Children and Families and the Youth Justice Commission shall each submit to the commissioner for approval, with respect to the facilities under their operational or supervisional authority, a budget for educational programs as set forth in section 8 of P.L.1979, c.207 (C.18A:7B-4) for the subsequent year, together with enrollments and per pupil costs. For the purposes of calculating a per pupil cost, enrollment shall be based on the number of pupils in the State facility on the last school day prior to October 16 of the prebudget year. In the subsequent year, pursuant to P.L.1979, c.207 (C.18A:7B-1 et seq.) for students resident in a district, approved per pupil amounts shall be deducted from each school district's State aid and remitted to the appropriate agency, except that for county juvenile detention centers, no deduction shall be made until Fiscal Year 1999; in that year and thereafter, 50 percent of approved per pupil amounts shall be deducted and remitted to the Youth Justice Commission.

##### **§ 18A:7F-32** Adjustment of State aid calculations in regional districts. {#sec-18a-7f-32 omnilex-key=us-nj-statutes--title-18a--18A:7F-32}

32. a. When State aid is calculated for any year and a part of any district becomes a new school district or a part of another school district, or comes partly under the authority of a regional board of education, the commissioner shall adjust the State aid calculations among the districts affected, or between the district and the regional board, as the case may be, on an equitable basis in accordance with the intent of this act.

Whenever an all-purpose regional school district is approved by the voters during any calendar year, the regional district shall become effective on the succeeding July 1 for the purpose of calculating State aid, and the commissioner shall request supplemental appropriations for such additional State aid as may be required. After a regional school district becomes entitled to State aid, it shall continue to be entitled to aid as calculated for a regional district notwithstanding the subsequent consolidation of the constituent municipalities of the regional school district.

b. For a period of five years following regionalization, each regional school district formed after the effective date of P.L.2007, c.260 (C.18A:7F-43 et al.) shall be eligible to receive supplemental State aid equal to the difference between the regional district's equalization aid calculated pursuant to section 11 of P.L.2007, c.260 (C.18A:7F-53) for the budget year and the sum of equalization aid received by each constituent district of that regional school district in the year prior to regionalization, multiplied by the transition weight. For the purpose of this section, the transition weight shall equal 1.0 for the first year following regionalization, .80 for the second year following regionalization, .60 for the third year following regionalization, .40 for the fourth year following regionalization, and .20 for the fifth year following regionalization.

##### **§ 18A:7F-33** Annual filing of district report with commissioner. {#sec-18a-7f-33 omnilex-key=us-nj-statutes--title-18a--18A:7F-33}

33. Annually, on or before October 20, the secretary of the board of education, with approval of the superintendent of schools, or if there is no superintendent of schools, with the approval of the executive county superintendent of schools, shall file with the commissioner a report prescribed by the commissioner containing all data necessary to effectuate the aid provisions of P.L.2007, c.260 (C.18A:7F-43 et al.), which shall include but not be limited to, the number of pupils enrolled by grade, the number of these pupils classified as eligible for special education services and speech-only services, the number of pupils in approved programs for bilingual education, the number of at-risk pupils, the number of combination pupils, and the number of pupils in State facilities, county vocational schools, State college demonstration schools, evening schools, other public or private schools to which the district is paying tuition, or who are receiving home instruction on the last school day prior to October 16. In addition, districts shall file annual reports providing such information as the commissioner may require for pupils receiving special education services.

##### **§ 18A:7F-34** Rules, regulations. {#sec-18a-7f-34 omnilex-key=us-nj-statutes--title-18a--18A:7F-34}

84. The Commissioner of Education shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the provisions of this act.

##### **§ 18A:7F-37** Definitions relative to property tax levy cap concerning school districts. {#sec-18a-7f-37 omnilex-key=us-nj-statutes--title-18a--18A:7F-37}

2. For the purposes of sections 2 through 4 and sections 6 and 7 of P.L.2007, c.62 (C.18A:7F-37 through C.18A:7F-39 and C.18A:7F-41 and C.18A:7F-42):

"Adjusted tax levy" means the amount raised by property taxation for the purposes of the school district, excluding any debt service payment.

"Commissioner" means the Commissioner of Education.

"Prebudget year adjusted tax levy" means the amount raised by property taxation in the prebudget year for the purposes of the school district, excluding any debt service payment, less any amounts raised after approval of a separate question by the voters or board of school estimate for the prebudget year unless such approval explicitly allows the approved increases to be permanent.

"School district" means any local or regional school district established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes.

"Weighted resident enrollment" means weighted resident enrollment as calculated pursuant to section 8 of P.L.2007, c.260 (C.18A:7F-50) and as projected by the commissioner.

##### **§ 18A:7F-38** School district budget increase limited. {#sec-18a-7f-38 omnilex-key=us-nj-statutes--title-18a--18A:7F-38}

3. a. Notwithstanding the provisions of any other law to the contrary, a school district shall not adopt a budget pursuant to sections 5 and 6 of P.L.1996, c.138 (C.18A:7F-5 and 18A:7F-6) with an increase in its adjusted tax levy that exceeds, except as provided in subsection e. of section 4 of P.L.2007, c.62 (C.18A:7F-39), the tax levy growth limitation calculated as follows: the sum of the prebudget year adjusted tax levy and the adjustment for increases in enrollment multiplied by 2.0 percent, and adjustments for an increase in health care costs, increases in amounts for certain normal and accrued liability pension contributions set forth in sections 1 and 2 of P.L.2009, c.19 amending section 24 of P.L.1954, c.84 (C.43:15A-24) and section 15 of P.L.1944, c.255 (C.43:16A-15) for the year set forth in those sections, in the case of an SDA district as defined pursuant to section 3 of P.L.2000, c.72 (C.18A:7G-3), during the 2018-2019 through the 2024-2025 school years, increases to raise a general fund tax levy to an amount that does not exceed its local share, and, in the case of a school district first receiving preschool education aid in the 2025-2026, 2026-2027, or 2027-2028 school years and participating in the pilot program established by the commissioner pursuant to subsection h. of section 12 of P.L.2007, c.260 (C.18A:7F-54), increases to raise a general fund tax levy for the local share of preschool education costs.

b. (1) The allowable adjustment for increases in enrollment authorized pursuant to subsection a. of this section shall equal the per pupil prebudget year adjusted tax levy multiplied by EP, where EP equals the sum of:

(a) 0.50 for each unit of weighted resident enrollment that constitutes an increase from the prebudget year over 1%, but not more than 2.5%;

(b) 0.75 for each unit of weighted resident enrollment that constitutes an increase from the prebudget year over 2.5%, but not more than 4%; and

(c) 1.00 for each unit of weighted resident enrollment that constitutes an increase from the prebudget year over 4%.

(2) A school district may request approval from the commissioner to calculate EP equal to 1.00 for any increase in weighted resident enrollment if it can demonstrate that the calculation pursuant to paragraph (1) of this subsection would result in an average class size that exceeds 10% above the facilities efficiency standards established pursuant to P.L.2000, c.72 (C.18A:7G-1 et al.).

c. (Deleted by amendment, P.L.2010, c.44)

d. (1) The allowable adjustment for increases in health care costs authorized pursuant to subsection a. of this section shall equal that portion of the actual increase in total health care costs for the budget year, less any withdrawals from the current expense emergency reserve account for increases in total health care costs, that exceeds 2.0 percent of the total health care costs in the prebudget year, but that is not in excess of the product of the total health care costs in the prebudget year multiplied by the average percentage increase of the State Health Benefits Program, P.L.1961, c.49 (C.52:14-17.25 et seq.), as annually determined by the Division of Pensions and Benefits in the Department of the Treasury.

(2) The allowable adjustment for increases in the amount of normal and accrued liability pension contributions authorized pursuant to subsection a. of this section shall equal that portion of the actual increase in total normal and accrued liability pension contributions for the budget year that exceeds 2.0 percent of the total normal and accrued liability pension contributions in the prebudget year.

(3) In the case of an SDA district, as defined pursuant to section 3 of P.L.2000, c.72 (C.18A:7G-3), in which the prebudget year adjusted tax levy is less than the school district's prebudget year local share as calculated pursuant to section 10 of P.L.2007, c.260 (C.18A:7F-52), the allowable adjustment for increases to raise a tax levy that does not exceed the school district's local share shall equal the difference between the prebudget year adjusted tax levy and the prebudget year local share.

(4) In the case of a school district first receiving preschool education aid in the 2025-2026, 2026-2027, or 2027-2028 school years and participating in the pilot program established by the commissioner pursuant to subsection h. of section 12 of P.L.2007, c.260 (C.18A:7F-54), the allowable adjustment for increases to raise a general fund tax levy for the local share of preschool education costs shall be equal to the actual increase required to provide preschool education under the pilot program less State aid provided pursuant to subsection h. of section 12 of P.L.2007, c.260 (C.18A:7F-54).

A school district first receiving preschool education aid in the 2025-2026 school year and participating in the pilot program established by the commissioner pursuant to subsection h. of section 12 of P.L.2007, c.260 (C.18A:7F-54) may, prior to the delivery of tax bills pursuant to R.S.54:4-64, recertify to the county board of taxation the sum to be raised in the district during the ensuing school year if the change in the amount to be raised is equal to the district's local share of preschool education costs for that school year.

e. (Deleted by amendment, P.L.2010, c.44)

f. The adjusted tax levy shall be increased or decreased accordingly whenever the responsibility and associated cost of a school district activity is transferred to another school district or governmental entity.

##### **§ 18A:7F-39** Proposal submission required to increase adjusted tax levy, certain circumstances. {#sec-18a-7f-39 omnilex-key=us-nj-statutes--title-18a--18A:7F-39}

4. a. (Deleted by amendment, P.L.2010, c.44)

b. (Deleted by amendment, P.L.2010, c.44)

c. A school district may submit to the voters at the annual school election, or on such other date as is set by regulation of the commissioner, a proposal or proposals to increase the adjusted tax levy by more than the allowable amount authorized pursuant to section 3 of P.L.2007, c.62 (C.18A:7F-38). The proposal or proposals to increase the adjusted tax levy shall be approved if a majority of people voting shall vote in the affirmative. In the case of a school district with a board of school estimate, the additional adjusted tax levy shall be authorized only if a quorum is present for the vote and a majority of those board members who are present vote in the affirmative to authorize the additional adjusted tax levy.

A school district without a board of school estimate may submit to the voters at a special school election authorized pursuant to section 2 of P.L.1995, c.278 (C.19:60-2), a proposal or proposals to increase the adjusted tax levy for the subsequent school budget year by more than the allowable amount authorized pursuant to section 3 of P.L.2007, c.62 (C.18A:7F-38). A proposal submitted at a special election shall comply with the requirements of this subsection and of paragraph (9) of subsection d. of section 5 of P.L.1996, c.138 (C.18A:7F-5). A proposal or proposals for additional funds may only be submitted on a date of a special election once during a school year. Nothing in this subsection shall be construed to prohibit the submission to the voters of a question or questions for the approval of a capital project or projects on the same special election date as the submission of a separate proposal or proposals for additional funds.

In the case of a school district in which the annual school election has been moved to November pursuant to subsection a. of section 1 of P.L.2011, c.202 (C.19:60-1.1), the school district may submit a separate proposal for additional funds for the budget year, or a separate proposal for additional funds for the subsequent budget year, or separate proposals for additional funds for each of those budget years. In the event that a school district submits a separate proposal for additional funds for the subsequent budget year and the separate proposal is approved, the school district shall not add to its adjusted tax levy for the subsequent budget year any amount authorized pursuant to subsection e. of this section.

(1) A proposal or proposals submitted to the voters or the board of school estimate to increase the tax levy pursuant to this subsection shall not include any programs or services necessary for students to achieve the core curriculum content standards.

(2) All proposals to increase the tax levy submitted pursuant to this subsection shall include interpretive statements specifically identifying the program purposes for which the proposed funds shall be used and a clear statement on whether approval will affect only the current year or result in a permanent increase in the levy. The proposals shall be submitted and approved pursuant to sections 5 and 6 of P.L.1996, c.138 (C.18A:7F-5 and 18A:7F-6).

d. (Deleted by amendment, P.L.2010, c.44)

e. A school district that has not been granted approval to exceed the cap pursuant to subsection c. of this section may add to its adjusted tax levy in any one of the next three succeeding budget years the amount of the difference between the maximum allowable amount to be raised by taxation for the current school budget year and the actual amount to be raised by taxation for the current school budget year.

##### **§ 18A:7F-41** Supplementation of accounts, establishment of reserve accounts by board of education or board of school estimate. {#sec-18a-7f-41 omnilex-key=us-nj-statutes--title-18a--18A:7F-41}

6. Notwithstanding the provisions of any law or regulation to the contrary:

a. A board of education or board of school estimate, as appropriate, may supplement a capital reserve account through a transfer by board resolution at year end of any unanticipated revenue or unexpended line-item appropriation amounts, or both, for withdrawal in subsequent school years.

b. A board of education or board of school estimate, as appropriate, may supplement a maintenance reserve account through a transfer by board resolution at year end of any unanticipated revenue or unexpended line-item appropriation amounts, or both, for withdrawal in subsequent school years.

c. A board of education or a board of school estimate, as appropriate, may through the adoption of a board resolution establish the following reserve accounts:

(1) Current expense emergency reserve account. The funds in the reserve shall be used to finance unanticipated general fund current expense costs required for a thorough and efficient education, or to finance school security improvements, including improvements to school facilities. The account shall not exceed $250,000 or one percent of the district's general fund budget up to a maximum of $1,000,000, whichever is greater. A board of education may appropriate funds to establish or supplement the reserve in the district's annual budget or through a transfer by board resolution at year end of any unanticipated revenue and unexpended line-item appropriation amounts. Withdrawals from the reserve may be made at any time and shall require the approval of the commissioner unless the withdrawal is necessary to meet an increase in total health care costs in excess of four percent, or the withdrawal is included in the original budget certified for taxes to finance school security improvements, including improvements to school facilities.

As used in this paragraph, "school security improvements" means school security improvements, including improvements to school facilities, which are limited to safety and security measures involving building monitoring and communication technology designed to address school crime and the safety of students, staff, and visitors to school facilities. School security improvements may include, but need not be limited to: security cameras to monitor the school; an electronic notification system that automatically notifies parents in case of a school-wide emergency; an automatic door locking system for access control; and a badge system for school employees.

(2) Debt service reserve account in the debt service fund for proceeds from the sale of district property. The funds in the reserve shall be used to retire outstanding debt service obligations of the district. The reserve shall be liquidated within the lesser of five years from its inception or the remaining term on the obligations. Any remaining balance shall be used for tax relief.

(3) Federal impact aid reserve account in the case of a school district that receives federal impact aid pursuant to section 8002, 8003, 8007, or 8008 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. s.7702, 7703, 7707, or 7708). A board of education may appropriate federal impact aid funds to establish or supplement the reserve account in the district's annual budget, or through a transfer by a two-thirds affirmative vote of the authorized membership of the board between June 1 and June 30, for withdrawal in any subsequent school year. Any transfer to the reserve account shall not exceed the total amount of federal impact aid received in the fiscal year. The board, at its discretion, may use the funds in the reserve account to finance the district's general fund or to finance school facilities projects, in a manner consistent with federal law. The total amount of funds on deposit in the reserve account shall not be limited.

d. (1) All reserve accounts shall be established and held in accordance with GAAP and shall be subject to annual audit. Any capital gains or interest earned shall become part of the reserve account. A separate bank account is not required, however, a separate identity for each reserve account shall be maintained.

(2) A board of education that establishes a federal impact aid reserve account shall:

(a) report the amount of federal impact aid received, expended, and on deposit in the federal impact aid reserve account in its annual audit pursuant to N.J.S.18A:23-1, and in the budget made available in a "user-friendly" format using plain language pursuant to N.J.S.18A:22-8;

(b) report the amount of federal impact aid received, expended, and on deposit in the federal impact aid reserve account at each board of education meeting, and shall include the information in the board secretary's monthly report in a format to be determined by the commissioner; and

(c) provide any additional supporting documentation that may be required by the commissioner pursuant to subsection c. of section 5 of P.L.1996, c.138 (C.18A:7F-5).

##### **§ 18A:7F-42** Rules, regulations. {#sec-18a-7f-42 omnilex-key=us-nj-statutes--title-18a--18A:7F-42}

7. a. Within 60 days of the effective date of P.L.2007, c.62 (C.18A:7F-37 et al.), the Commissioner of Education shall promulgate emergency rules and regulations necessary to effectuate the purposes of sections 2 through 6 of P.L.2007, c.62 (C.18A:7F-37 through C.18A:7F-41) for the 2007-08 school year.

b. For the 2008-09 school year and thereafter, 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 purposes of sections 2 through 6 of P.L.2007, c.62 (C.18A:7F-37 through C.18A:7F-41) which shall be effective for a period not to exceed 12 months following the effective date of P.L.2008, c.37 (C.18A:11-13 et al.). 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.

##### **§ 18A:7F-43** Short title. {#sec-18a-7f-43 omnilex-key=us-nj-statutes--title-18a--18A:7F-43}

1. This act shall be known and may be cited as the "School Funding Reform Act of 2008."

##### **§ 18A:7F-44** Findings, declarations relative to school funding reforms. {#sec-18a-7f-44 omnilex-key=us-nj-statutes--title-18a--18A:7F-44}

2. The Legislature finds and declares that:

a. The Constitution of the State of New Jersey states that the Legislature shall provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all children in the State between the ages of five and eighteen years. (N.J. Const. art. VIII, sec. 4, par.1).

b. The State, in addition to any constitutional mandates, has a moral obligation to ensure that New Jersey's children, wherever they reside, are provided the skills and knowledge necessary to succeed. Any school funding formula should provide resources in a manner that optimizes the likelihood that children will receive an education that will make them productive members of society.

c. Although the Supreme Court of New Jersey has held that prior school funding statutes did not establish a system of public education that was thorough and efficient as to certain districts, the Court has consistently held that the Legislature has the responsibility to substantively define what constitutes a thorough and efficient system of education responsive to that constitutional requirement.

d. Every child in New Jersey must have an opportunity for an education based on academic standards that satisfy constitutional requirements regardless of where the child resides, and public funds allocated to this purpose must be expended to support schools that are thorough and efficient in delivering those educational standards. In turn, school districts must be assured the financial support necessary to provide those constitutionally compelled educational standards. Any school funding formula should provide State aid for every school district based on the characteristics of the student population and up-to-date measures of the individual district's ability to pay.

e. New Jersey's current public school funding formula, established under the provisions of the "Comprehensive Educational Improvement and Financing Act of 1996," (CEIFA) P.L.1996, c.138, has not been used to calculate State aid for public schools since the 2001-02 school year. Any new school funding formula should account for changes in enrollment and other significant developments, providing relief to those districts that have experienced substantial enrollment increases.

f. The decisions in the Abbott cases have resulted in frequent litigation and a fragmented system of funding under which limited resources cannot be distributed equitably to all districts where at-risk children reside, instead dividing the districts sharply into Abbott and non-Abbott categories for funding purposes without regard to a district's particular pupil characteristics and leading to needlessly adversarial relationships among school districts and between districts and the State.

g. In the absence of a clear, unitary, enforceable statutory formula to govern appropriations for education, crucial funding decisions are made annually, in competition for limited State resources with other needs and requirements as part of the annual budget negotiation process, utilizing many different classes and categories of aid, leading to an uncertain, unpredictable, and untenable funding situation for the State and school districts alike.

h. This act represents the culmination of five years of diligent efforts by both the Executive and Legislative branches of State government to develop an equitable and predictable way to distribute State aid that addresses the deficiencies found in past formulas as identified by the Supreme Court. Working together toward this common goal, the Department of Education and the Legislature engaged nationally recognized experts in education funding and provided significant opportunities for stakeholder involvement and public input to assist in formulating and refining a comprehensive school funding model that has been validated by experts. The formula accounts for the individual characteristics of school districts and the realities of their surroundings, including the need for additional resources to address the increased disadvantages created by high concentrations of children at-risk.

i. The formula established under this act is the product of a careful and deliberative process that first involved determining the educational inputs necessary to provide a high-quality education, including specifically addressing the supplemental needs of at-risk students and those with limited English proficiency (LEP), and a determination of the actual cost of providing those programs. The formula provides adequate funding that is realistically geared to the core curriculum content standards, thus linking those standards to the actual funding needed to deliver that content.

j. In recognition of the unique problems and cost disadvantages faced by districts with high concentrations of at-risk students, it is appropriate to reflect in the formula a greater weight as the district's proportion of at-risk students increases. In addition, the new formula recognizes the disadvantages of an expanded group of students by including in the definition of at-risk those students who qualify for free or reduced-price lunch. Expanding the definition of at-risk students in this manner will significantly increase the resources flowing to districts with high concentrations of these low-income students.

k. In light of the demonstrable, beneficial results and success of the current Abbott preschool program, it is appropriate to build upon this success by incorporating in the formula an expanded high-quality preschool program for all children who qualify for free and reduced price meals in all districts. It is appropriate for the formula to acknowledge that at-risk children do not always receive the same educational exposure at an early age as their peers and to provide the additional resources necessary through high-quality preschool to prepare every child to learn and succeed.

l. It is appropriate to reflect in this formula the inherent value of educating a child in the least restrictive environment and, whenever possible, in that child's neighborhood school alongside his peers. The new funding formula should provide incentives for keeping classified students in district.

m. It is also appropriate to recognize in the formula the need for all schools to incorporate effective security measures, which may vary from district to district depending upon the at-risk student population and other factors, and to provide categorical funding to address these important requirements.

n. In recognition of the potentially wide variability in special education costs, even for the same category of disability, from district to district, it is appropriate for the new funding formula to mitigate the impact of that variability by establishing a census model based on the actual Statewide average excess cost of educating special education students and by providing for an increase in State aid for extraordinary costs incurred by districts.

o. It is imperative that any new school funding formula work in conjunction with the key school accountability measures that have been enacted in recent years to promote greater oversight, transparency, and efficiency in the delivery of educational services. These accountability measures include the New Jersey Quality Single Accountability Continuum, the "School District Fiscal Accountability Act," P.L.2006, c.15 (C.18A:7A-54 et seq.), P.L.2007, c.63 (C.40A:65-1 et al.) which established the duties and responsibilities of the executive county superintendent of schools, and P.L.2007, c.53 (C.18A:55-3 et al.).

p. Together with a renewed legislative focus on and commitment to providing sufficient means to maintain and support a high-quality system of free public schools in the State, a new funding formula supported by significantly increased State resources will ensure compliance with all statutory and constitutional mandates. Districts that were formerly designated as Abbott districts will be provided sufficient resources to continue those Court-identified programs, positions, and services that have proven effective while being provided the flexibility to shift resources and programmatic focus based on the needs of their students and current research.

q. The time has come for the State to resolve the question of the level of funding required to provide a thorough and efficient system of education for all New Jersey school children. The development and implementation of an equitable and adequate school funding formula will not only ensure that the State's students have access to a constitutional education as defined by the core curriculum content standards, but also may help to reduce property taxes and assist communities in planning to meet their educational expenses. The development of a predictable, transparent school funding formula is essential for school districts to plan effectively and deliver the quality education that our citizens expect and our Constitution requires.

##### **§ 18A:7F-45** Definitions relative to school funding reform. {#sec-18a-7f-45 omnilex-key=us-nj-statutes--title-18a--18A:7F-45}

3. As used in P.L.2007, c.260 (C.18A:7F-43 et al.) and P.L.1996, c.138 (C.18A:7F-1 et al.), unless the context clearly requires a different meaning:

"At-risk pupils" means those resident pupils from households with a household income at or below the most recent federal poverty guidelines available on October 15 of the prebudget year multiplied by 1.85;

"Base per pupil amount" means the cost per elementary pupil of delivering the core curriculum content standards and extracurricular and cocurricular activities necessary for a thorough and efficient education;

"Bilingual education pupil" means a resident pupil enrolled in a program of bilingual education or in an English as a second language program approved by the State Board of Education;

"Budgeted local share" means the district's local tax levy contained in the budget certified for taxation purposes;

"Capital outlay" means capital outlay as defined in GAAP;

"Combination pupil" means a resident pupil who is both an at-risk pupil and a bilingual education pupil;

"Commissioner" means the Commissioner of Education;

"Concentration of at-risk pupils" shall be based on prebudget year pupil data and means, for a school district or a county vocational school district, the number of at-risk pupils among those counted in resident enrollment, divided by resident enrollment;

"County special services school district" means any entity established pursuant to article 8 of chapter 46 of Title 18A of the New Jersey Statutes;

"County vocational school district" means any entity established pursuant to article 3 of chapter 54 of Title 18A of the New Jersey Statutes;

"CPI" means the increase, expressed as a decimal, in the average annualized consumer price index for the New York City and Philadelphia areas in the fiscal year preceding the prebudget year relative to the previous fiscal year as reported by the United States Department of Labor;

"Debt service" means payments of principal and interest upon school bonds and other obligations issued to finance the purchase or construction of school facilities, additions to school facilities, or the reconstruction, remodeling, alteration, modernization, renovation or repair of school facilities, including furnishings, equipment, architect fees, and the costs of issuance of such obligations and shall include payments of principal and interest upon bonds heretofore issued to fund or refund such obligations, and upon municipal bonds and other obligations which the commissioner approves as having been issued for such purposes;

"District income" means the aggregate income of the residents of the taxing district or taxing districts, based upon data provided by the Division of Taxation in the New Jersey Department of the Treasury and contained on the New Jersey State Income Tax forms for the calendar year ending two years prior to the prebudget year. The commissioner may supplement data contained on the State Income Tax forms with data available from other State or federal agencies in order to better correlate the data to that collected on the federal census. With respect to regional districts and their constituent districts, however, the district income as described above shall be allocated among the regional and constituent districts in proportion to the number of pupils resident in each of them;

"Equalized valuation" means the equalized valuation of the taxing district or taxing districts, as certified by the Director of the Division of Taxation on October 1, or subsequently revised by the tax court by January 15, of the prebudget year. With respect to regional districts and their constituent districts, however, the equalized valuations as described above shall be allocated among the regional and constituent districts in proportion to the number of pupils resident in each of them. In the event that the equalized table certified by the director shall be revised by the tax court after January 15 of the prebudget year, the revised valuations shall be used in the recomputation of aid for an individual school district filing an appeal, but shall have no effect upon the calculation of the property value rate, Statewide average equalized school tax rate, or Statewide equalized total tax rate;

"Full-day preschool" means a preschool day consisting of a minimum six-hour comprehensive educational program in accordance with the district's kindergarten through grade 12 school calendar;

"GAAP" means the generally accepted accounting principles established by the Governmental Accounting Standards Board as prescribed by the State board pursuant to N.J.S.18A:4-14;

"General special education services pupil" means a pupil receiving specific services pursuant to chapter 46 of Title 18A of the New Jersey Statutes;

"Geographic cost adjustment" means an adjustment that reflects county differences in the cost of providing educational services that are outside the control of the district;

"Household income" means income as defined in 7 CFR ss.245.2 and 245.6 or any subsequent superseding federal law or regulation;

"Net budget" means the sum of the district's general fund tax levy, State aid received pursuant to the provisions of this act other than preschool education aid, miscellaneous revenue estimated pursuant to GAAP, and designated general fund balance;

"Nonpreschool ECPA" means the amount of early childhood program aid, excluding prior year carry-forward amounts, included in a district's 2007-2008 school year budget certified for taxes that was allocated to grades K through 3;

"Prebudget year" means the school fiscal year preceding the year in which the school budget is implemented;

"Preschool expansion grant" means any grant funded by a portion of preschool education aid allocated by the Commissioner of Education or any other State funds appropriated for the purpose of expanding free access to high-quality preschool for resident three- and four-year old children in districts that do not, at the time of application for a grant, provide State-funded, high-quality, free preschool programs;

"Report" means the Educational Adequacy Report issued by the commissioner pursuant to section 4 of this act;

"Resident enrollment" means the number of pupils other than preschool pupils, post-graduate pupils, and post-secondary vocational pupils who, on the last school day prior to October 16 of the current school year, are residents of the district and are enrolled in: (1) the public schools of the district, excluding evening schools, (2) another school district, other than a county vocational school district in the same county on a full-time basis, or a State college demonstration school or private school to which the district of residence pays tuition, or (3) a State facility in which they are placed by the district; or are residents of the district and are: (1) receiving home instruction, or (2) in a shared-time vocational program and are regularly attending a school in the district and a county vocational school district. In addition, resident enrollment shall include the number of pupils who, on the last school day prior to October 16 of the prebudget year, are residents of the district and in a State facility in which they were placed by the State. Pupils in a shared-time vocational program shall be counted on an equated full-time basis in accordance with procedures to be established by the commissioner. Resident enrollment shall include regardless of nonresidence, the enrolled children of teaching staff members of the school district or county vocational school district who are permitted, by contract or local district policy, to enroll their children in the educational program of the school district or county vocational school district without payment of tuition. Disabled children between three and five years of age and receiving programs and services pursuant to N.J.S.18A:46-6 shall be included in the resident enrollment of the district;

"School district" means any local or regional school district established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes;

"State facility" means a State developmental center, a State Division of Youth and Family Services' residential center, a State residential mental health center, a Department of Children and Families Regional Day School, a State training school/secure care facility, a State juvenile community program, a juvenile detention center or a boot camp under the supervisional authority of the Youth Justice Commission pursuant to P.L.1995, c.284 (C.52:17B-169 et seq.), or an institution operated by or under contract with the Department of Corrections, Children and Families or Human Services, or the Youth Justice Commission;

"Statewide equalized school tax rate" means the amount calculated by dividing the general fund tax levy for all school districts, which excludes county vocational school districts and county special services school districts as defined pursuant to this section, in the State for the prebudget year by the equalized valuations certified in the year prior to the prebudget year of all taxing districts in the State except taxing districts for which there are not school tax levies;

"Tax levy growth limitation" means the permitted annual increase in the adjusted tax levy for a school district as calculated pursuant to sections 3 and 4 of P.L.2007, c.62 (C.18A:7F-38 and 18A:7F-39).

##### **§ 18A:7F-46** Review, update of core curriculum content standards; Educational Adequacy Report, development of T & E standards. {#sec-18a-7f-46 omnilex-key=us-nj-statutes--title-18a--18A:7F-46}

4. a. The State Board of Education shall review and update the core curriculum content standards every five years. The standards shall ensure that all children are provided the educational opportunity needed to equip them for the role of citizen and labor market competitor.

The Commissioner of Education shall develop and establish, through the report issued pursuant to subsection b. of this section, efficiency standards which define the types of programs, services, activities, and materials necessary to achieve a thorough and efficient education.

b. By September 1 of 2010 and by September 1 every three years thereafter, the Governor, after consultation with the commissioner, shall recommend to the Legislature through the issuance of the Educational Adequacy Report for the three school years to which the report is applicable:

(1) the base per pupil amount based upon the core curriculum content standards established pursuant to subsection a. of this section;

(2) the per pupil amounts for full-day preschool;

(3) the weights for grade level, county vocational school districts, at-risk pupils, bilingual pupils, and combination pupils;

(4) the cost coefficients for security aid and transportation aid;

(5) the State average classification rate for general special education services pupils and for speech-only pupils;

(6) the excess cost for general special education services pupils and for speech-only pupils; and

(7) the extraordinary special education aid thresholds.

The base per pupil amount, the per pupil amounts for full-day preschool, the excess costs for general special education services pupils and for speech-only pupils, and the cost-coefficients for security aid and transportation aid shall be adjusted by the CPI for each of the two school years following the first school year to which the report is applicable.

The amounts shall be deemed approved for the three successive fiscal years beginning from the subsequent July 1, unless between the date of transmittal and the subsequent November 30, the Legislature adopts a concurrent resolution stating that the Legislature is not in agreement with all or any specific part of the report. The concurrent resolution shall advise the Governor of the Legislature's specific objections to the report and shall direct the commissioner to submit to the Legislature a revised report which responds to those objections by January 1.

##### **§ 18A:7F-48** Calculation of equalization aid. {#sec-18a-7f-48 omnilex-key=us-nj-statutes--title-18a--18A:7F-48}

6. Beginning in the 2009-2010 school year and for each school year thereafter, the amount of equalization aid for the budget year shall equal the total Statewide equalization aid calculated pursuant to section 11 of this act for the prebudget year and prior to the application of section 5 of this act indexed by the sum of 1.0, the CPI, and the State average enrollment growth percentage between the prebudget year and the budget year as projected by the commissioner.

##### **§ 18A:7F-49** Determination of base per pupil amount; grade level weights. {#sec-18a-7f-49 omnilex-key=us-nj-statutes--title-18a--18A:7F-49}

7. The commissioner shall determine, based on the standards established pursuant to section 4 of this act, a base per pupil amount, and shall develop appropriate weights reflecting the differing costs of providing education at the kindergarten, elementary, middle school, and high school levels, which weights shall be applied in determining a district's base cost as set forth in section 8 of this act. The base per pupil amount for the 2008-2009 school year shall be $9,649. The weight for kindergarten shall be 0.5 in the case of a pupil enrolled in a half-day kindergarten program and 1.0 in the case of a pupil enrolled in a full-day kindergarten program, and shall be 1.0 for the elementary (grades 1-5) level, 1.04 for the middle school (grades 6-8) level, and 1.17 for the high school (grades 9-12) level.

The base per pupil amount shall be adjusted by the CPI in the 2009-2010 and 2010-2011 school years as required pursuant to subsection b. of section 4 of this act. For subsequent school years, the base per pupil amount and the grade level weights shall be established in the Educational Adequacy Report, with the base per pupil amount adjusted by the CPI for each of the two school years following the first school year to which the report is applicable.

##### **§ 18A:7F-50** Calculation of weighted enrollment for each school district. {#sec-18a-7f-50 omnilex-key=us-nj-statutes--title-18a--18A:7F-50}

8. a. The weighted enrollment for each school district and county vocational school district shall be calculated as follows:

WENR = (PW x PENR) + (EW x EENR) + (MW x MENR) + (HW x HENR)

where

PW is the applicable weight for kindergarten enrollment;

EW is the weight for elementary enrollment;

MW is the weight for middle school enrollment;

HW is the weight for high school enrollment;

PENR is the resident enrollment for kindergarten;

EENR is the resident enrollment for grades 1 - 5;

MENR is the resident enrollment for grades 6 - 8; and

HENR is the resident enrollment for grades 9 - 12.

For the purposes of this section, ungraded pupils shall be counted in their age-equivalent grade.

b. The base cost for each school district shall be calculated as follows:

BC = BPA x WENR; and

the base cost for each county vocational school district shall be calculated as follows:

BC = BPA x WENR x 1.31

where

BPA is the base per pupil amount; and

WENR is the weighted enrollment of the school district or county vocational school district.

##### **§ 18A:7F-51** Calculation of adequacy budget. {#sec-18a-7f-51 omnilex-key=us-nj-statutes--title-18a--18A:7F-51}

9. a. The adequacy budget for each school district and county vocational school district shall be calculated as follows:

AB = (BC + AR Cost + LEP Cost + COMB Cost + SE Census) x GCA

where

BC is the district's or county vocational school district's base cost as calculated pursuant to section 8 of this act;

AR Cost is the cost of providing educational and other services for at-risk pupils as calculated pursuant to subsection b. of this section;

LEP Cost is the cost of providing educational and other services for bilingual education pupils as calculated pursuant to subsection c. of this section;

COMB Cost is the cost of providing educational and other services for pupils who are both at-risk and bilingual as calculated pursuant to subsection d. of this section;

SE Census is the cost of providing programs and services to general special education services pupils and speech-only pupils as calculated pursuant to subsection e. of this section; and

GCA is geographic cost adjustment.

The GCA shall be the geographic cost adjustment developed by the commissioner and revised by the commissioner every five years in accordance with receipt of census data.

b. AR Cost shall be calculated as follows:

AR Cost = BPA x ARWENR x AR Weight

where

BPA is the base per pupil amount;

ARWENR is the weighted enrollment for at-risk pupils of the school district or county vocational school district, which shall not include combination pupils; and

AR Weight is the at-risk weight.

For the 2008-2009 through 2010-2011 school years the at-risk weight shall be as follows:

for a district in which the concentration of at-risk pupils is less than 20% of resident enrollment, the at-risk weight shall equal 0.47;

for a district in which the concentration of at-risk pupils is equal to 20% but less than 60% of resident enrollment, the at-risk weight shall equal the district's ((at-risk % - 0.20) x 0.25)) + 0.47; and

for a district in which the concentration of at-risk pupils is equal to or greater than 60% of resident enrollment, the at-risk weight shall equal 0.57.

For subsequent school years, the AR weight shall be established in the Educational Adequacy Report.

c. LEP Cost shall be calculated as follows:

LEP Cost = BPA x LWENR x LEP Weight

where

BPA is the base per pupil amount;

LWENR is the weighted enrollment for the bilingual education pupils of the school district or county vocational school district, which shall not include combination pupils; and

LEP Weight is the bilingual pupil weight.

For the 2008-2009 through 2010-2011 school years the LEP weight shall be 0.5. For subsequent school years, the LEP weight shall be established in the Educational Adequacy Report.

d. COMB Cost shall be calculated as follows:

COMB Cost = BPA x CWENR x (AR Weight + COMB Weight)

where

BPA is the base per pupil amount;

CWENR is the weighted enrollment for pupils who are both at-risk and bilingual;

AR Weight is the at-risk weight; and

COMB Weight is the combination pupil weight.

For the 2008-2009 through 2010-2011 school years the COMB weight shall be 0.125. For subsequent school years, the COMB weight shall be established in the Educational Adequacy Report.

e. SE Census shall be calculated as follows:

SE Census = (RE x SEACR x AEC x 2/3) + (RE x SACR x SEC)

where

RE is the resident enrollment of the school district or county vocational school district;

SEACR is the State average classification rate for general special education services pupils;

AEC is the excess cost for general special education services pupils;

SACR is the State average classification rate for speech-only pupils; and

SEC is the excess cost for speech-only pupils.

For the 2008-2009 through 2010-2011 school years the State average classification rate shall be 14.69% for general special education services pupils and 1.897% for speech-only pupils. For subsequent school years, the State average classification rates shall be established in the Educational Adequacy Report.

For the 2008-2009 school year the excess cost shall be $10,898 for general special education services pupils and $1,082 for speech-only pupils. The excess cost amounts shall be adjusted by the CPI in the 2009-2010 and 2010-2011 school years as required pursuant to subsection b. of section 4 of this act. For subsequent school years, the excess cost amounts shall be established in the Educational Adequacy Report, with the amounts adjusted by the CPI for each of the two school years following the first school year to which the report is applicable.

##### **§ 18A:7F-52** Determination of equalization aid. {#sec-18a-7f-52 omnilex-key=us-nj-statutes--title-18a--18A:7F-52}

10. Each school district and county vocational school district shall receive equalization aid predicated on a local share determined by district property wealth and district income.

a. Each district's local share shall be calculated as follows:

LSHARE = (EQVAL x PVR x 50%) + (INC x INR x 50%)

where

EQVAL is the district's prebudget year equalized valuation;

PVR is the Statewide property value rate determined pursuant to subsection c. of this section;

INC is the district's income; and

INR is the Statewide income rate determined pursuant to subsection c. of this section.

b. The local share for each county vocational school district shall be calculated as follows:

LSHARE = (COLSHARE/COAB) x AB

where

COLSHARE is the sum of the local shares for all school districts in the county calculated pursuant to subsection a. of this section;

COAB is the sum of the adequacy budgets for all school districts in the county calculated pursuant to section 9 of this act; and

AB is the county vocational school district's adequacy budget calculated pursuant to section 9 of this act.

c. For the 2008-2009 school year, the property value rate shall be set at 0.0092690802 and the income value rate shall be set at 0.04546684. For subsequent school years the values for the property value rate and the income value rate shall be annually determined by the commissioner as follows:

the property value rate shall be determined such that equalization aid equals the Statewide available equalization aid for all districts determined according to this act had each school district's local share equaled the product of the property value rate and the district's equalized valuation and each county vocational school district's local share equaled the product of the county vocational school district's adequacy budget and the average local share, expressed as a percent, of the school districts located in the county; and

the income rate shall be determined such that equalization aid equals the Statewide available equalization aid for all districts determined according to this act had each school district's local share equaled the product of the income rate and the district's income and each county vocational school district's local share equaled the product of the county vocational school district's adequacy budget and the average local share, expressed as a percent, of the school districts located in the county.

In the event that these rates, when used in accordance with the provisions of this section and assuming that each district's general fund levy is equal to its local share, do not result in equalization aid for all districts equal to the Statewide available equalization aid, the commissioner shall adjust these rates appropriately, giving equal weight to each.

##### **§ 18A:7F-53** Calculation of equalization aid. {#sec-18a-7f-53 omnilex-key=us-nj-statutes--title-18a--18A:7F-53}

11. Each school district's and county vocational school district's equalization aid shall be calculated as follows:

EQAID = AB - LSHARE provided that EQAID shall not be less than zero; and

where

AB is the district's adequacy budget calculated pursuant to section 9 of this act; and

LSHARE is the district's local share calculated pursuant to section 10 of this act.

Each district's equalization aid for general fund expenses shall be expended to provide a thorough and efficient system of education consistent with the core curriculum content standards established pursuant to section 4 of this act.

A school district may make an appeal to the commissioner on the amount of its equalization aid on the basis that the calculation of income within the local share formula under section 10 of this act does not accurately reflect the district's income wealth.

##### **§ 18A:7F-54** Access to full-day preschool; calculation of preschool education aid. {#sec-18a-7f-54 omnilex-key=us-nj-statutes--title-18a--18A:7F-54}

12. a. (Deleted by amendment, P.L.2025, c.100)

(1) In the case of a school district that received preschool education aid in the 2024-2025 school year, preschool education aid shall be calculated as follows:

Aid = (IDE x IDA) + (PRE x PRA) + (HSE x HSA)

where

IDE is the projected FTE enrollment for the upcoming school year of district pupils, other than preschool disabled pupils, in an in-district preschool program;

IDA is the per pupil aid amount for an in-district preschool program;

PRE is the projected FTE enrollment for the upcoming school year of district pupils, other than preschool disabled pupils, in a preschool program operated by a licensed child care provider;

PRA is the per pupil aid amount for a preschool program operated by a licensed child care provider;

HSE is the projected FTE enrollment for the upcoming school year of district pupils, other than preschool disabled pupils, in a Head Start Program; and

HSA is the per pupil aid amount for a Head Start Program.

(2) (Deleted by amendment, P.L.2025, c.100)

b. (Deleted by amendment, P.L.2025, c.100)

c. (1) (Deleted by amendment, P.L.2025, c.100)

(2) In the case of a school district that received Early Launch to Learning Initiative aid in the 2007-2008 school year, the school district shall receive preschool education aid calculated in accordance with the provisions of paragraph (1) of subsection a. of this section

pending a determination by the commissioner that the district is prepared to meet all program requirements for high-quality preschool pursuant to regulations adopted by the commissioner.

(3) In the case of a school district that received early childhood program aid in the 2007-2008 school year but did not receive preschool expansion aid or education opportunity aid in that year, the school district shall receive preschool education aid calculated in accordance with the provisions of paragraph (1) of subsection a. of this section pending a determination by the commissioner that the district is prepared to meet all program requirements for high-quality preschool pursuant to regulations adopted by the commissioner.

(4) (Deleted by amendment, P.L.2025, c.100)

d. For the 2008-2009 school year, the preschool per pupil aid amounts shall be $11,506 for pupils enrolled in an in-district program, $12,934 for pupils enrolled in a licensed child care provider program, and $7,146 for pupils enrolled in a Head Start Program. The preschool per pupil aid amounts shall be adjusted by the CPI in the 2009-2010 and 2010-2011 school years as required pursuant to subsection b. of section 4 of this act. For subsequent school years, the preschool per pupil aid amounts shall be established in the Educational Adequacy Report, with the amounts adjusted by the CPI for each of the two school years following the first school year to which the report is applicable.

e. A district shall appropriate preschool education aid in a special revenue fund for expenditure. In the event that any preschool education aid is not expended during the budget year, the aid may be carried forward in accordance with regulations adopted by the commissioner.

f. In the event that a district has fully implemented a full-day preschool program for three- and four-year old pupils and meets the preschool quality standards or has provided preschool education to the number of eligible students to be served during a school year in accordance with the preschool quality standards, the district may appropriate preschool education aid for additional purposes that may be designated by the commissioner, which purposes shall include, but not be limited to, providing summer programming for preschool students, professional development for preschool staff, preschool facilities improvements, and transportation services for preschool pupils.

g. A school district shall maintain the preschool quality standards as adopted by the commissioner as a condition of receipt of preschool education aid.

h. In the case of a school district that first receives preschool education aid in the 2025-2026, 2026-2027, or 2027-2028 school years, the aid shall be provided, within the limit of available appropriations, pursuant to a three-year pilot program established by the commissioner that includes a cost-sharing methodology between the State and the school district such that the amount of preschool education aid allocated to the district shall be calculated by multiplying the district aid percentage by the amount calculated pursuant to the formula in paragraph (1) of subsection a. of this section, where the district aid percentage shall be equal to the greater of the district aid percentage as defined pursuant to section 3 of P.L.2000, c.72 (C.18A:7G-3) or 40 percent of eligible costs.

i. A school district receiving preschool education aid shall obtain approval by the Commissioner of Education, in a manner prescribed by the commissioner, prior to implementing any significant redistribution, as defined by the commissioner, of State-funded preschool seats among district-operated programs, licensed child care providers, and Head Start programs.

##### **§ 18A:7F-54.1** Preschool expansion grants, annual opportunity, criteria. {#sec-18a-7f-54.1 omnilex-key=us-nj-statutes--title-18a--18A:7F-54.1}

6. a. The Department of Education shall, within the limit of funds appropriated, annually provide at least one opportunity to award preschool expansion grants in accordance with the provisions of P.L.2025, c.100 (C.18A:44-7 et al.). A school district shall be eligible to apply for and receive a preschool expansion grant if the district provides full-day kindergarten at the time of application and meets any other criteria the Commissioner of Education deems appropriate. An eligible school district shall submit an application to the commissioner, in a manner and form determined by the commissioner, which application shall include, but not be limited to, the following:

(1) a general overview of the district's proposed preschool program operational plan;

(2) enrollment projections for preschool students, other than preschool students with disabilities, for the next five years;

(3) a description of the district's proposed preschool curriculum;

(4) a description of intended strategies to ensure the inclusion of preschool children with disabilities in general education settings to the maximum extent possible;

(5) a description of intended strategies to annually identify and recruit families of at-risk pupils and other hard-to-reach populations and subsequently ensure these children receive priority placement in the preschool program;

(6) a demonstration of due diligence to partner with all ready, willing, and able licensed child care providers and Head Start programs in the district's immediate and neighboring communities, which shall be made in a manner determined by the commissioner and shall include, but not be limited to, documenting all efforts the applicant made to engage with all licensed child care providers and Head Start programs in the applicant's immediate and neighboring communities;

(7) an analysis of community need and the potential impact of a mixed delivery model of preschool education in a format determined by the commissioner or, if the applicant does not propose a mixed delivery model, justification for the decision not to do so, which justification shall include evidence that the district has adequate facility and staffing resources to implement high-quality preschool education without a mixed delivery model or that extenuating circumstances in the eligible school district's community limit accessibility to, or feasibility of partnership with, licensed childcare centers and Head Start programs; and

(8) a description of the strategies the district has in place for serving eligible preschool students, with a five-year plan to serve 90 percent of the district's universe of three- and four-year olds.

b. In determining preschool expansion grant amounts and recipients, the commissioner shall give preference to districts in accordance with the concentration of at-risk pupils, as defined in section 3 of P.L.2007, c.260 (C.18A:7F-45). Preference given pursuant to this subsection shall ensure that, all other application criteria being equal, applicants with higher concentrations of at-risk students receive funding priority. The commissioner may prioritize applicants representing a consortium of school districts agreeing to make a high-quality preschool program available in all member districts.

c. The Department of Education, the Department of Children and Families, and the Department of Human Services shall maintain on the departments' Internet websites a page that includes:

(1) a list of all districts offering State-funded preschool for the school year;

(2) a list of all districts eligible to apply for preschool expansion grants for the school year;

(3) a list of all licensed child care providers and Head Start programs in each district's community, as well as in neighboring communities; and

(4) the contact information for all district-operated preschool programs, licensed child care providers, and Head Start programs.

d. The Department of Education, the Department of Children and Families, and the Department of Human Services shall annually update the information required pursuant to subsection c. of this section no later than July 14 of each year. The Department of Education, the Department of Children and Families, and the Department of Human Services shall update the information required pursuant to subsection c. of this section in a timely manner after any preschool expansion grants are awarded.

##### **§ 18A:7F-55** Calculation of special education categorical aid. {#sec-18a-7f-55 omnilex-key=us-nj-statutes--title-18a--18A:7F-55}

13. a. Special education categorical aid for each school district and county vocational school district shall be calculated as follows:

SE = (RE x SEACR x AEC x 1/3) x GCA

where

RE is the resident enrollment of the school district or county vocational school district;

SEACR is the State average classification rate for general special education services pupils;

AEC is the excess cost for general special education services pupils; and

GCA is the geographic cost adjustment as developed by the commissioner.

For the 2008-2009 school year the excess cost shall be $10,898 for general special education services pupils. The excess cost amount shall be adjusted by the CPI in the 2009-2010 and 2010-2011 school years as required pursuant to subsection b. of section 4 of this act. For subsequent school years, the excess cost amount shall be established in the Educational Adequacy Report, with the amount adjusted by the CPI for each of the two school years following the first school year to which the report is applicable.

b. Extraordinary special education aid for an individual classified pupil shall be available when the student is educated in a general education classroom, special education program, including but not limited to a resource program or special class program, or any combination of general education and special education programs and services, subject to the requirements and thresholds set forth in this section.

(1) In those instances in which a pupil is educated in an in-district public school program with non-disabled peers, whether run by a public school or by a private school for the disabled, and the cost of providing direct instructional and support services for an individual classified pupil exceeds $40,000, for those direct instructional and support services costs in excess of $40,000 a district shall receive extraordinary special education State aid equal to 90% of the amount of that excess in accordance with the provisions of paragraph (4) of this subsection.

(2) In those instances in which a pupil is educated in a separate public school program for students with disabilities and the cost of providing direct instructional and support services for an individual classified pupil exceeds $40,000, for those direct instructional and support services costs in excess of $40,000 a district shall receive extraordinary special education State aid equal to 75% of the amount of that excess in accordance with the provisions of paragraph (4) of this subsection.

(3) In those instances in which a pupil is educated in a separate private school for students with disabilities and the tuition for an individual classified pupil exceeds $55,000, for tuition costs in excess of $55,000 a district shall receive extraordinary special education State aid equal to 75% of the amount of that excess in accordance with the provisions of paragraph (4) of this subsection.

(4) Extraordinary special education State aid for an individual classified pupil shall be calculated as follows:

EA = ((ADC-$40,000) x .90) + (((AIC - $40,000) + (ASC - $55,000)) x .75)

where

ADC equals the district's actual cost for the direct instructional and support services in an in-district public school program as set forth in paragraph (1) of this subsection;

AIC equals the district's actual cost for direct instructional and support services in a separate public school program as set forth in paragraph (2) of this subsection; and

ASC equals the district's actual cost for tuition paid to a separate private school as set forth in paragraph (3) of this subsection.

(5) The receipt of extraordinary special education State aid for an individual classified pupil shall be conditioned upon a demonstration by the district that the pupil's Individualized Education Plan requires the provision of intensive services, pursuant to factors determined by the commissioner.

c. In order to receive funding pursuant to this section, a district shall file an application with the department that details the expenses incurred on behalf of the particular classified pupil for which the district is seeking reimbursement. Additional State aid awarded for extraordinary special education costs shall be recorded by the district as revenue in the current school year and paid to the district in the subsequent school year.

d. A school district may apply to the commissioner to receive emergency special education aid for any classified pupil who enrolls in the district prior to March of the budget year and who is in a placement with a cost in excess of $40,000 or $55,000, as applicable. The commissioner may debit from the student's former district of residence any special education aid which was paid to that district on behalf of the student.

e. The department shall review expenditures of federal and State special education aid by a district in every instance in which special education monitoring identifies a failure on the part of the district to provide services consistent with a pupil's Individualized Education Plan.

f. The commissioner shall commission an independent study of the special education census funding methodology to determine if adjustments in the special education funding formulas are needed in future years to address the variations in incidence of students with severe disabilities requiring high cost programs and to make recommendations for any such adjustments. The study and recommendations shall be completed by June 30, 2010.

g. A school district may apply to the commissioner to receive additional special education categorical aid if the district has an unusually high rate of low-incidence disabilities, such as autism, deaf/blindness, severe cognitive impairment, and medically fragile. In applying for the aid the district shall: demonstrate the impact of the unusually high rate of low-incidence disabilities on the school district budget and the extent to which the costs to the district are not sufficiently addressed through special education aid and extraordinary special education aid; and provide details of all special education expenditures, including details on the use of federal funds to support those expenditures.

##### **§ 18A:7F-56** Calculation of security categorical aid. {#sec-18a-7f-56 omnilex-key=us-nj-statutes--title-18a--18A:7F-56}

14. Security categorical aid for each school district and county vocational school district shall be calculated as follows:

SA = ((RE x $70) + (ARENR x ARSA)) x GCA

where

RE means the school district's or county vocational school district's resident enrollment;

ARENR means the district's number of at-risk pupils;

ARSA means the at-risk security amount; and

GCA is the geographic cost adjustment as developed by the commissioner.

For the 2008-2009 through 2010-2011 school years the at-risk security amount shall be calculated as follows:

for a district in which the concentration of at-risk pupils is less than 40% of resident enrollment, the at-risk security amount shall equal the district's (AR% x $10.15 x 100); and

for a district in which the concentration of at-risk pupils is equal to or greater than 40%, the at-risk security amount shall equal $406.

The security cost coefficients, $70, $10.15 and $406, used to determine the security amount, shall be adjusted by the CPI in the 2009-2010 and 2010-2011 school years as required pursuant to subsection b. of section 4 of this act. For subsequent school years, the cost coefficients shall be established in the Educational Adequacy Report, with adjustments by the CPI for each of the two school years following the first school year to which the report is applicable.

##### **§ 18A:7F-57** Calculation of State aid for transportation. {#sec-18a-7f-57 omnilex-key=us-nj-statutes--title-18a--18A:7F-57}

15. a. Each school district's and county vocational school district's State aid for transportation shall consist of base aid (BA) and an incentive factor (IF) determined as follows:

BA = (BA1 x IF) + BA2

where

BA1 = CP1 x P1+CD1 x P1 x D1;

BA2 = CP2 xP2 + CD2 x P2 x D2;

P1 is the total number of regular education public pupils and regular nonpublic pupils eligible for transportation pursuant to N.J.S.18A:39-1, excluding preschool pupils except pupils that qualify for free full-day preschool pursuant to section 12 of this act, and of special education pupils eligible for transportation pursuant to N.J.S.18A:46-23 with no special transportation requirements, who are resident in the district as of the last school day prior to October 16 of the prebudget year;

D1 is the average home-to-school mileage for P1 pupils;

P2 is the total number of special education pupils eligible for transportation pursuant to N.J.S.18A:46-23 with special transportation requirements who are resident in the district as of the last school day prior to October 16 of the prebudget year;

D2 is the average home-to-school mileage for P2 pupils; and

CP1, CD1, CP2 and CD2 are cost coefficients with values set forth in subsection b. of this section.

IF is the incentive factor, which modifies base aid paid for pupils transported on regular vehicles according to each district's percentile rank in regular vehicle capacity utilization. Students within the district who receive courtesy busing services shall be included in the calculation of the district's regular vehicle capacity utilization if the courtesy busing services are provided to a student who would otherwise be required to walk to and from school along a route designated as a hazardous route by the school district pursuant to section 2 of P.L.1999, c.310 (C.18A:39-1.5). For the 2008-2009 school year, IF = l. The Governor shall submit to the Legislature at least 60 days prior to the FY 2011 budget address proposed transportation incentive factors applicable to the 2010-2011 school year and thereafter along with supporting data. The incentive factors shall be deemed approved by the Legislature unless a concurrent resolution is passed within 60 days of the date of submission.

b. For the 2008-2009 school year, the cost coefficients in subsection a. of this section shall have the following values:

CP1 = $383.88;

CD1 = $10.50;

CP2 = $2,675.77; and

CD2 = $5.10.

The cost coefficients shall be adjusted by the CPI in the 2009-2010 and 2010-2011 school years as required pursuant to subsection b. of section 4 of this act. For subsequent school years, the cost coefficients shall be established in the Educational Adequacy Report with the amounts adjusted by the CPI for each of the two school years following the first school year to which the report is applicable.

c. For the 2008-2009 school year each district and county vocational district shall receive State transportation aid in an amount equal to the school district's or county vocational school district's State aid entitlement calculated pursuant to subsections a. and b. of this section multiplied by 81.4876%.

d. Each executive county superintendent of schools shall complete a study of pupil transportation services in the county no later than 18 months after the effective date of P.L.2007, c.260 (C.18A:7F-43 et al.). The purpose of the study shall be to determine ways to provide pupil transportation services in a more cost-effective and efficient manner. The study shall be transmitted upon completion to the Commissioner of Education and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).

##### **§ 18A:7F-58** Adjustment aid; educational adequacy aid. {#sec-18a-7f-58 omnilex-key=us-nj-statutes--title-18a--18A:7F-58}

16. a. (1) For the 2008-2009 school year, each school district and county vocational school district shall receive adjustment aid in such amount as to ensure that the district receives the greater of the amount of State aid calculated for the district pursuant to the provisions of this act or the State aid received by the district for the 2007-2008 school year multiplied by 102%. The State aid received by the district for the 2007-2008 school year shall include the following aid categories: Core Curriculum Standards Aid, Supplemental Core Curriculum Standards Aid, Education Opportunity Aid, Above Average Enrollment Growth Aid, High Expectations for Learning Proficiency Aid, Instructional Supplement Aid, Demonstrably Effective Program Aid, Stabilization Aid, Supplemental Stabilization Aid, Adult and Postsecondary Education Grants, Bilingual Education Aid, Special Education Aid, County Vocational Program Aid, Transportation Aid, School Choice Aid, Consolidated Aid, Additional Formula Aid, Full-day Kindergarten Supplemental Aid, Targeted-At-Risk Aid, Abbott-Bordered District Aid, Nonpreschool ECPA, Extraordinary Special Education Aid paid in 2006-2007, and Aid for Enrollment Adjustments, taking into consideration the June 2008 payment made in July 2008.

(2) For the 2009-2010 and 2010-2011 school years a school district or county vocational school district shall receive adjustment aid in such amount as to ensure that the district receives the greater of the amount of State aid calculated for the district pursuant to the provisions of this act or the State aid, other than educational adequacy aid, received by the district for the 2008-2009 school year.

(3) For the 2011-2012 school year through the 2017-2018 school year, a school district or county vocational school district that does not have a decline in its weighted enrollment, adjusted for bilingual education pupils and at-risk pupils, between the 2008-2009 school year and the budget year that is greater than 5% shall receive adjustment aid in such amount as to ensure that the district receives the greater of the amount of State aid calculated pursuant to the provisions of this act or the State aid, other than educational adequacy aid, received by the district for the 2008-2009 school year.

(4) For the 2011-2012 school year through the 2017-2018 school year, a school district or county vocational school district that has a decline in its weighted enrollment, adjusted for bilingual education pupils and at-risk pupils, between the 2008-2009 school year and the budget year that is greater than 5% shall have its adjustment aid reduced in an amount equal to the district's 2008-2009 per pupil adjustment aid amount multiplied by the decline in its resident enrollment that is greater than 5%.

b. In the case of a school district that received education opportunity aid in the 2007-2008 school year and for which the sum of the district's 2007-2008 State aid under the State aid categories listed under paragraph (1) of subsection a. of this section and general fund local levy is less than the sum of the district's adequacy budget as calculated pursuant to section 9 of this act, special education categorical aid calculated pursuant to section 13 of this act, and security aid calculated pursuant to section 14 of this act, the district shall receive educational adequacy aid if it meets the following criteria:

(1) the district fails to meet educational adequacy standards as determined by the commissioner; or

(2) the district is located in a municipality with an equalized total tax rate that is greater than 130% of the Statewide average equalized total tax rate; or

(3) the district has an equalized school tax rate that is greater than 110% of the Statewide average equalized school tax rate and is located in a municipality with an equalized total tax rate that is greater than 120% of the Statewide average equalized total tax rate; and

(4) the district will not meet adequacy in the 2008-2009 school year based on the State aid increase received by the district for that school year.

An eligible district shall receive educational adequacy aid for the 2008-2009 school year in accordance with the following formula:

EA aid = ((AB + SE + SA) - (GFL + A08)) x .33) - ls - SA;

where AB is the district's adequacy budget as calculated pursuant to section 9 of this act;

SE is the district's special education categorical aid calculated pursuant to section 13 of this act;

SA is the district's security categorical aid calculated pursuant to section 14 of this act;

GFL is the district's prebudget year general fund local levy;

A08 is the sum of the district's 2007-2008 State aid under the State aid categories listed under paragraph (1) of subsection a. of this section;

ls is the district's prebudget year general fund local levy, multiplied by 4% in the case of a district which meets the criteria of paragraph (2) or paragraph (3) of this subsection, or in the case of a district which does not meet those criteria multiplied by 6%; and

SA is any increase in State aid between the prebudget and budget years.

An eligible district shall receive educational adequacy aid for the 2009-2010 school year in accordance with the following formula:

EA aid = ((AB - (GFL + PEQAID )) x .50) -ls; and

An eligible district shall receive educational adequacy aid for the 2010-2011 school year in accordance with the following formula:

EA aid = (AB - (GFL + PEQAID) -ls)

where

AB is the district's adequacy budget as calculated pursuant to section 9 of this act;

GFL is the district's prebudget year general fund local levy;

PEQAID is the district's prebudget year equalization aid calculated pursuant to section 11 of this act; and

ls is the district's prebudget year general fund local levy, multiplied by 4% in the case of a district which meets the criteria of paragraph (2) or paragraph (3) of this subsection, or in the case of a district which does not meet those criteria multiplied by 8% for the 2009-2010 school year and by 10% for the 2010-2011 school year;

For the 2011-2012 school year and for each school year thereafter, the district shall receive the amount of educational adequacy aid that the district received in the 2010-2011 school year.

##### **§ 18A:7F-60** Conditions for disbursement of funds. {#sec-18a-7f-60 omnilex-key=us-nj-statutes--title-18a--18A:7F-60}

18. The Commissioner of Education shall not authorize the disbursement of funds to any district until the commissioner is satisfied that all educational expenditures in the district will be spent effectively and efficiently in order to enable students to achieve the core curriculum content standards. The commissioner shall be authorized to take any affirmative action as is necessary to ensure the effective and efficient expenditure of funds by school districts and county vocational school districts.

##### **§ 18A:7F-61** Percentage of district's district aid for 2008-09. {#sec-18a-7f-61 omnilex-key=us-nj-statutes--title-18a--18A:7F-61}

19. Notwithstanding any law or regulation to the contrary, for the 2008-2009 school year a district's district aid percentage calculated for purposes of the provisions of section 10 of P.L.2000, c.72 (C.18A:7G-10) shall equal the percentage calculated for the 2001-2002 school year.

##### **§ 18A:7F-62** Calculation of aid for choice student in choice district, resident enrollment. {#sec-18a-7f-62 omnilex-key=us-nj-statutes--title-18a--18A:7F-62}

20. For the purpose of calculating all forms of State aid pursuant to P.L.2007, c.260 (C.18A:7F-43 et al.) for a choice student in a choice district, the student shall be counted in the resident enrollment of the receiving district. The receiving district shall receive school choice aid for each choice student equal to the adequacy budget local levy per pupil amount.

For purposes of this section, "adequacy budget local levy per pupil amount" means the adequacy budget calculated pursuant to section 9 of P.L.2007, c.260 (C.18A:7F-51) minus equalization aid calculated pursuant to section 11 of P.L.2007, c.260 (C.18A:7F-53) divided by the resident enrollment.

##### **§ 18A:7F-63** Inclusion of facilities projects in SDA district budget. {#sec-18a-7f-63 omnilex-key=us-nj-statutes--title-18a--18A:7F-63}

21. a. Notwithstanding any provision of P.L.2000, c.72 (C.18A:7G-1 et al.) or P.L.2007, c.137 (C.52:18A-235 et al.) to the contrary, an SDA district as defined in section 3 of P.L.2000, c.72 (C.18A:7G-3) may include in its annual capital outlay budget and construct one or more school facilities projects if the commissioner, in consultation with the New Jersey Schools Development Authority, approves the inclusion of the project upon a demonstration by the district that its budget includes sufficient funds to finance the project. The commissioner's approval of the inclusion of the school facilities project in the district's annual capital outlay budget may also contain specific conditions including, but not limited to, a requirement that the district follow the design requirements and materials and system standards established by the development authority. A district may also withdraw funds from a capital reserve account for such purpose with the approval of the commissioner.

b. A school facilities project that is not financed and constructed pursuant to subsection a. of this section, shall continue to be financed and constructed in accordance with the provisions of P.L.2000, c.72 (C.18A:7G-1 et al.) and P.L.2007, c.137 (C.52:18A-235 et al.).

##### **§ 18A:7F-64** Determination of amount of State school aid. {#sec-18a-7f-64 omnilex-key=us-nj-statutes--title-18a--18A:7F-64}

2. When determining the amount of State school aid that shall be awarded to a school district pursuant to the provisions of P.L.2007, c.260 (C.18A:7F-43 et al.) or any other law, the Commissioner of Education shall not consider a school district's receipt of federal funds pursuant to section 8002, 8003, 8007, or 8008 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. s.7702, 7703, 7707, or 7708) in any manner that would cause the school district to be awarded less State school aid than the district would have been awarded had the district not received the federal funds. Such funds shall not be considered when calculating the district's undesignated general fund balance pursuant to section 7 of P.L.1996, c.138 (C.18A:7F-7).

##### **§ 18A:7F-65** Commercial valuation stabilization aid. {#sec-18a-7f-65 omnilex-key=us-nj-statutes--title-18a--18A:7F-65}

1. a. In addition to any other State school aid provided pursuant to the provisions of P.L.2007, c.260 (C.18A:7F-43 et al.), a school district may receive, upon the recommendation of the Commissioner of Education, commercial valuation stabilization aid if the school district is situated in a municipality in which:

(1) in 2008, the assessed value of commercial property accounted for at least 75 percent of the municipality's total assessed property valuation; and

(2) between 2008 and 2013, the assessed value of commercial property decreased by at least 25 percent.

b. Upon identifying a school district that meets the criteria of subsection a. of this section, the commissioner shall conduct a needs assessment of the school district to determine if the district should receive commercial valuation stabilization aid. The needs assessment shall consider, at a minimum:

(1) the breadth of educational programming offered by the district;

(2) whether the district's expenditures are consistent with the efficiency standards established pursuant to section 4 of P.L.2007, c.260 (C.18A:7F-46); and

(3) in consultation with the Commissioner of Community Affairs, the district's capacity to raise a general fund tax levy that is adequate to support the district's expenditures.

In the event that the Commissioner of Education determines that the district should be awarded commercial valuation stabilization aid, the commissioner shall determine the amount of the award. The commissioner shall perform the needs assessment in each subsequent school year and determine the amount of aid, if any.

c. Notwithstanding the provisions of subsection b. of section 5 of P.L.1996, c.138 (C.18A:7F-5) to the contrary, in the first year that a school district receives commercial valuation stabilization aid, the district shall reduce its general fund tax levy by an amount equal to the amount of the aid received. In the subsequent school year, for the purpose of calculating a school district's tax levy growth limitation pursuant to the provisions of section 3 of P.L.2007, c.62 (C.18A:7F-38), a school district's prebudget year adjusted tax levy shall reflect this reduction.

d. A school district shall be ineligible to receive commercial valuation stabilization aid in the first school year in which the total assessed property valuation in the municipality in which the school district is situated is greater than or equal to the municipality's total assessed property valuation in 2008. For the purposes of this subsection, the municipality's total assessed property valuation shall include the value of any property exempt from taxation pursuant to the provisions of P.L. , c. (C. ) (pending before the Legislature as Senate Bill No............). The municipal tax assessor shall annually determine the value of the exempt property, and the Commissioner of Community Affairs shall review the assessment for reasonability and completeness.

e. Notwithstanding the provisions of section 3 of P.L.2007, c.62 (C.18A:7F-38) to the contrary, a school district's tax levy growth limitation shall be increased by an amount equal to any reduction in the amount of commercial valuation stabilization aid that the district received in the prior budget year.

##### **§ 18A:7F-66** Efficiency of expenditures. {#sec-18a-7f-66 omnilex-key=us-nj-statutes--title-18a--18A:7F-66}

2. In the case of a school district that receives commercial valuation stabilization aid pursuant to section 1 of this act, the commissioner may take such action as is deemed necessary and appropriate to ensure the efficiency of school district expenditures.

##### **§ 18A:7F-67** Definitions relative to financing of school districts. {#sec-18a-7f-67 omnilex-key=us-nj-statutes--title-18a--18A:7F-67}

3. As used in P.L.2018, c.67 (C.18A:7F-67 et al.):

"State aid differential" means the difference between the sum of a school district's or county vocational school district's allocations of equalization aid, special education categorical aid, security categorical aid, transportation aid, adjustment aid, and non-SFRA aids in the prebudget year, and the sum of equalization aid, special education categorical aid, security categorical aid, and transportation aid as calculated for the budget year in each category in accordance with the provisions of sections 11, 13, 14, and 15 of P.L.2007, c.260 (C.18A:7F-53, C.18A:7F-55, C.18A:7F-56, and C.18A:7F-57), respectively.

"Non-SFRA aids" means the sum of supplemental enrollment growth aid, per pupil growth aid, PARCC readiness aid, professional learning community aid, under adequacy aid, and host district support aid received by a school district in the prebudget year.

##### **§ 18A:7F-68** Amount of State aid for certain districts. {#sec-18a-7f-68 omnilex-key=us-nj-statutes--title-18a--18A:7F-68}

4. a. Notwithstanding the provisions of P.L.2007, c.260 (C.18A:7F-43 et al.) or any other law to the contrary, in the 2019-2020 through 2024-2025 school years, a school district or county vocational school district in which the State aid differential calculated is negative shall receive State school aid in an amount equal to the sum of the district's State aid in the prior school year plus the district's proportionate share of the sum of any increase in State aid included in the annual appropriations act for that fiscal year and the total State aid reduction pursuant to subsection b. of this section based on the district's State aid differential as a percent of the Statewide total State aid differential among all school districts and county vocational school districts for which the State aid differential is negative. Any increase in State aid pursuant to this subsection shall first be allocated to equalization aid, followed by special education categorical aid, security categorical aid, and transportation aid, except that no category shall exceed the total amount as calculated in accordance with the provisions of sections 11, 13, 14, and 15 of P.L.2007, c.260 (C.18A:7F-53, C.18A:7F-55, C.18A:7F-56, and C.18A:7F-57), respectively.

b. Except as provided pursuant to subsection c. of this section, and notwithstanding the provisions of P.L.2007, c.260 (C.18A:7F-43 et al.) or any other law to the contrary, in the 2019-2020 through 2024-2025 school years, a school district or county vocational school district in which the State aid differential is positive shall receive State school aid in an amount equal to the district's State aid in the prior school year minus a percent of the State aid differential according to the following schedule:

(1) 13 percent in the 2019-2020 school year;

(2) 23 percent in the 2020-2021 school year;

(3) 37 percent in the 2021-2022 school year;

(4) 55 percent in the 2022-2023 school year;

(5) 76 percent in the 2023-2024 school year; and

(6) 100 percent in the 2024-2025 school year.

c. (1) An SDA district that is located in a municipality in which the equalized total tax rate is greater than the Statewide average equalized total tax rate for the most recent available calendar year and is spending below adequacy as calculated pursuant to section 1 of P.L.2018, c.67 (C.18A:7F-70) shall not be subject to a reduction in State aid pursuant to subsection b. of this section.

(2) An SDA district that is located in a municipality in which the equalized total tax rate is greater than the Statewide average equalized total tax rate for the most recent available calendar year and is spending above adequacy as calculated pursuant to section 1 of P.L.2018, c.67 (C.18A:7F-70) shall be subject to a reduction not to exceed the amount by which the district is spending above adequacy multiplied by the corresponding percentage included in subsection b. of this section.

(3) A school district, other than an SDA district, that is located in a municipality in which the equalized total tax rate is at least 10 percent greater than the Statewide average equalized total tax rate for the most recent available calendar year and is spending at least 10 percent below adequacy as calculated pursuant to section 1 of P.L.2018, c.67 (C.18A:7F-70) shall not be subject to a reduction in State aid pursuant to subsection b. of this section.

(4) A school district that is a participating district under an application that is approved for a grant pursuant to subsection a. of section 4 of P.L.2021, c.402 (C.18A:13-47.4) or a school district that is a participating district under an application that receives preliminary approval pursuant to subsection b. of section 4 of P.L.2021, c.402 (C.18A:13-47.4) and that has a State aid differential that is positive may elect to receive State school aid in an amount equal to the district's State aid in the prior school year minus a percent of the State aid differential according to the following schedule:

(a) 30 percent in the 2021-2022 school year;

(b) 37 percent in the 2022-2023 school year;

(c) 46 percent in the 2023-2024 school year;

(d) 55 percent in the 2024-2025 school year;

(e) 65.5 percent in the 2025-2026 school year;

(f) 76 percent in the 2026-2027 school year;

(g) 88 percent in the 2027-2028 school year; and

(h) 100 percent in the 2028-2029 school year.

A school district with a State aid differential that is positive, which is a participating district under an application that is approved for a grant pursuant to subsection a. of section 4 of P.L.2021, c.402 (C.18A:13-47.4) or that receives preliminary approval under subsection b. of section 4 of P.L.2021, c.402 (C.18A:13-47.4) but has not created or joined a limited purpose or all purpose regional school district within two years following the grant application approval or preliminary approval shall not be eligible to receive State aid according to the schedule enumerated in this paragraph.

As used in this paragraph, "participating district" means a school district whose board of education by resolution certifies a commitment to participate in a feasibility study submitted as part of an application under the grant program established pursuant to section 2 of P.L.2021, c.402 (C.18A:13-47.2).

(5) Notwithstanding the provisions of section 32 of P.L.1996, c.138 (C.18A:7F-32) or any other law, rule, or regulation to the contrary, a school district that is a regional school district created following the approval of a grant application pursuant to section 4 of P.L.2021, c.402 (C.18A:13-47.4) shall, from the first full school year following the creation of the regional school district through the 2028-2029 school year, receive State school aid in an amount that is the greater of:

(a) the amount of State school aid that the newly created regional school district would receive as a regional school district; or

(b) the sum of the amount of State school aid received by each school district constituting the newly created regional school district prior to the creation of such regional school district.

(6) A school district shall not be not be subject to a reduction in State aid pursuant to this section provided that:

(a) the district is a regional school district consisting of at least five constituent school districts;

(b) the district has mitigated costs of regionalization, as determined by the Commissioner of Education;

(c) for the most recent school year for which data is available, the district's administrative costs per pupil are 15 percent lower than the Statewide average administrative costs per pupil for regional school districts; and

(d) the district's general fund tax levy has been increased by the maximum amount permitted pursuant to section 3 of P.L.2007, c.62 (C.18A:7F-38) in each of the last five school years.

A school district that is exempt from a reduction in State aid pursuant to paragraph (6) of subsection c. of this section shall provide courtesy busing to pupils who reside in the district, provided that the district was providing courtesy busing prior to the school year in which it is exempt from a reduction in State aid.

d. Any decrease in State aid pursuant to subsection b. or c. of this section shall first be deducted from a school district's or county vocational school district's allotment of adjustment aid. Any additional reduction shall be deducted from the school district's or county vocational school district's allotment of non-SFRA aids, followed by equalization aid, special education categorical aid, security aid, and transportation aid.

e. Any remaining adjustment aid or non-SFRA aids shall be reallocated to other State aid categories in a manner to be determined by the commissioner.

##### **§ 18A:7F-69** Aid to county vocational school district. {#sec-18a-7f-69 omnilex-key=us-nj-statutes--title-18a--18A:7F-69}

5. In the 2019-2020 school year, and in each school year thereafter, a county vocational school district shall receive vocational expansion stabilization aid in such an amount to ensure that the district receives the greater of the amount of State aid calculated pursuant to the provisions of P.L.2018, c.67 (C.18A:7F-67 et al.) or the sum of the district's State aid received in the 2017-2018 school year.

##### **§ 18A:7F-70** Determination as to whether district is spending above or below adequacy. {#sec-18a-7f-70 omnilex-key=us-nj-statutes--title-18a--18A:7F-70}

1. For the purpose of determining whether a school district or county vocational school district is spending above or below adequacy, the commissioner shall compare the sum from the prebudget year its equalization aid calculated pursuant to section 11 of P.L.2007, c.260 (C.18A:7F-53), special education categorical aid as calculated pursuant to section 13 of P.L.2007, c.260 (C.18A:7F-55), security categorical aid as calculated pursuant to section 14 of P.L.2007, c.260 (C.18A:7F-56), and the general fund tax levy with the district's adequacy budget, as calculated pursuant to section 9 of P.L.2007, c.260 (C.18A:7F-51), special education categorical aid as calculated pursuant to section 13 of P.L.2007, c.260 (C.18A:7F-55), and security categorical aid as calculated pursuant to section 14 of P.L.2007, c.260 (C.18A:7F-56).

##### **§ 18A:7F-71** Military impact aid. {#sec-18a-7f-71 omnilex-key=us-nj-statutes--title-18a--18A:7F-71}

1. In addition to any other State aid provided pursuant to P.L.2007, c.260 (C.18A:7F-43 et al.), a school district may receive military impact aid if, in the prebudget year, the school district received a Basic Support Payment of federal Impact Aid under section 7003 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. s.7703) and the district provides free public education to federally connected children whose parents are on active duty in the uniformed services. The amount of military impact aid provided to a district pursuant to this section shall be calculated as follows:

MIA = (PPLTL - PPIA) x REFCMS

where

PPLTL is the per pupil general fund tax levy, which is derived by dividing the prebudget year general fund tax levy by resident enrollment, without the inclusion of federally connected children whose parents are on active duty in the uniformed services and who otherwise are included in the calculation of resident enrollment as defined pursuant to section 3 of P.L.2007, c.260 (C.18A:7F-45);

PPIA is the per pupil federal impact aid amount, which is the result of dividing the amount of a school district's Basic Support Payment received in the prebudget year by the number of federally connected children whose parents are on active duty in the uniformed services; and

REFCMS is the resident enrollment of federally connected children whose parents are on active duty in the uniformed services;

A school district shall not receive military impact aid pursuant to this section if the difference between PPTL and PPIA is negative.

## **Chapter 7G** {#struct-chapter-7g}

##### **§ 18A:7G-1** Short title. {#sec-18a-7g-1 omnilex-key=us-nj-statutes--title-18a--18A:7G-1}

1. Sections 1 through 30 and 57 through 71 of P.L.2000, c.72 (C.18A:7G-1 et al.), sections 14 through 17 of P.L.2007, c.137 (C.18A:7G-45 through C.18A:7G-48), and sections 8 through 11 of P.L.2008, c.39 (C.18A:7G-14.1 et al.) shall be known and may be cited as the "Educational Facilities Construction and Financing Act."

##### **§ 18A:7G-2** Findings, declarations relative to construction, financing of public school facilities. {#sec-18a-7g-2 omnilex-key=us-nj-statutes--title-18a--18A:7G-2}

2. The Legislature finds and declares that:

a. The Constitution of the State of New Jersey requires the Legislature to provide for the maintenance and support of a thorough and efficient system of free public schools and this legislative responsibility includes ensuring that students are educated in physical facilities that are safe, healthy, and conducive to learning.

b. Inadequacies in the quality, utility, and safety of educational facilities have arisen among local school districts of this State. In order to ensure that the Legislature's constitutional responsibility for adequate educational facilities is met, there is a need to establish an efficiency standard for educational facilities at the elementary, middle, and secondary school levels which will assure that the core curriculum content standards are taught to all of the children of the State in a setting which facilitates and promotes that learning.

c. Educational infrastructure inadequacies are greatest in the SDA districts where maintenance has been deferred and new construction has not been initiated due to concerns about cost. To remedy the facilities inadequacies of the SDA districts, the State must promptly engage in a facilities needs assessment and fund the entire cost of repairing, renovating, and constructing the new school facilities determined by the Commissioner of Education to be required to meet the school facilities efficiency standards in the SDA districts. In other districts, the State must also identify need in view of anticipated growth in school population, and must contribute to the cost of the renovation and construction of new facilities to ensure the provision of a thorough and efficient education in those districts.

d. While providing that the educational infrastructure meets the requirements of a thorough and efficient education, the State must also protect the interests of taxpayers who will bear the burden of this obligation. Design of school facilities should incorporate maximum operating efficiencies and new technologies to advance the energy efficiency of school facilities and the efficiency of other school building systems, construction should be achieved in as efficient a manner as possible while also ensuring that public funds spent on the construction of school facilities support a skilled workforce compensated at dignified wages, and a mechanism to assure proper maintenance of new facilities should be established and implemented, in order to reduce the overall cost of the program and to preserve this infrastructure investment.

##### **§ 18A:7G-3** Definitions relative to construction, financing of public school facilities. {#sec-18a-7g-3 omnilex-key=us-nj-statutes--title-18a--18A:7G-3}

3. As used in sections 1 through 30 and 57 through 71 of P.L.2000, c.72 (C.18A:7G-1 et al.), sections 14 through 17 of P.L.2007, c.137 (C.18A:7G-45 through C.18A:7G-48), and sections 5, 7, 12, 15, and 19 through 21 of P.L.2023, c.311 (C.18A:7G-5b et al.), unless the context clearly requires a different meaning:

"Area cost allowance" means $138 per square foot for the school year 2000-2001 and shall be inflated by an appropriate cost index for the 2001-2002 school year. For the 2002-2003 school year and subsequent school years, the area cost allowance shall be established by the commissioner pursuant to subsection h. of section 4 of P.L.2000, c.72 (C.18A:7G-4). The area cost allowance used in determining preliminary eligible costs of school facilities projects shall be that of the year of application for approval of the project;

"Capital maintenance project" means a school facilities project intended to extend the useful life of a school facility, including up-grades and replacements of building systems, such as structure, enclosure, mechanical, plumbing and electrical systems;

"Commissioner" means the Commissioner of Education;

"Core curriculum content standards" means the standards established pursuant to the provisions of subsection a. of section 4 of P.L.2007, c.260 (C.18A:7F-46);

"Cost index" means the average annual increase, expressed as a decimal, in actual construction cost factors for the New York City and Philadelphia areas during the second fiscal year preceding the budget year as determined pursuant to regulations promulgated by the development authority pursuant to section 26 of P.L.2000, c.72 (C.18A:7G-26);

"Debt service" means and includes payments of principal and interest upon school bonds issued to finance the acquisition of school sites and the purchase or construction of school facilities, additions to school facilities, or the reconstruction, remodeling, alteration, modernization, renovation or repair of school facilities, including furnishings, equipment, architect fees and the costs of issuance of such obligations and shall include payments of principal and interest upon school bonds heretofore issued to fund or refund such obligations, and upon municipal bonds and other obligations which the commissioner approves as having been issued for such purposes. Debt service pursuant to the provisions of P.L.1978, c.74 (C.18A:58-33.22 et seq.), P.L.1971, c.10 (C.18A:58-33.6 et seq.) and P.L.1968, c.177 (C.18A:58-33.2 et seq.) is excluded;

"Demonstration project" means a school facilities project selected by the State Treasurer for construction by a redevelopment entity pursuant to section 6 of P.L.2000, c.72 (C.18A:7G-6);

"Development authority" means the New Jersey Schools Development Authority established pursuant to section 3 of P.L.2007, c.137 (C.52:18A-237);

"District" means a local or regional school district established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes, a county special services school district established pursuant to article 8 of chapter 46 of Title 18A of the New Jersey Statutes, a county vocational school district established pursuant to article 3 of chapter 54 of Title 18A of the New Jersey Statutes, and a district under full State intervention pursuant to P.L.1987, c.399 (C.18A:7A-34 et al.);

"District aid percentage" means the number expressed as a percentage derived from dividing the district's equalization aid calculated pursuant to section 11 of P.L.2007, c.260 (C.18A:7F-53) as of the date of the commissioner's determination of preliminary eligible costs by the district's adequacy budget calculated pursuant to section 9 of P.L.2007, c.260 (C.18A:7F-51) as of the date of the commissioner's determination of preliminary eligible costs;

"Excess costs" means the additional costs, if any, which shall be borne by the district, of a school facilities project which result from design factors that are not required to meet the facilities efficiency standards and not approved pursuant to paragraph (1) of subsection g. of section 5 of P.L.2000, c.72 (C.18A:7G-5) or are not authorized as community design features included in final eligible costs pursuant to subsection c. of section 6 of P.L.2000, c.72 (C.18A:7G-6);

"Facilities efficiency standards" means the standards developed by the commissioner pursuant to subsection h. of section 4 of P.L.2000, c.72 (C.18A:7G-4);

"Final eligible costs" means for school facilities projects to be constructed by the development authority, the final eligible costs of the school facilities project as determined by the commissioner, in consultation with the development authority, pursuant to section 5 of P.L.2000, c.72 (C.18A:7G-5); for demonstration projects, the final eligible costs of the project as determined by the commissioner and reviewed by the development authority which may include the cost of community design features determined by the commissioner to be an integral part of the school facility and which do not exceed the facilities efficiency standards, and which were reviewed by the development authority and approved by the State Treasurer pursuant to section 6 of P.L.2000, c.72 (C.18A:7G-6); and for districts other than SDA districts, final eligible costs as determined pursuant to paragraph (1) of subsection h. of section 5 of P.L.2000, c.72 (C.18A:7G-5);

"Financing authority" means the New Jersey Economic Development Authority established pursuant to P.L.1974, c.80 (C.34:1B-1 et seq.);

"FTE" means a full-time equivalent student which shall be calculated as follows: each student in grades 1 through 12 shall be counted at 100 percent of the actual count of students, in the case of districts which operate a half-day kindergarten program each kindergarten student shall be counted at 50 percent of the actual count of kindergarten students, in the case of districts which operate a full-day kindergarten program or which currently operate a half-day kindergarten program but propose to build facilities to house a full-day kindergarten program each kindergarten student shall be counted at 100 percent of the actual count of kindergarten students, and each preschool student who is enrolled in a full-day preschool program pursuant to section 12 of P.L.2007, c.260 (C.18A:7F-54) shall be counted at 100 percent of the actual count of preschool students. In addition, each preschool disabled child who is entitled to receive a full-time program pursuant to N.J.S.18A:46-6 shall be counted at 100 percent of the actual count of these students in the district;

"Functional capacity" means the number of students that can be housed in a building in order to have sufficient space for it to be educationally adequate for the delivery of programs and services necessary for student achievement of the core curriculum content standards. Functional capacity is determined by dividing the existing gross square footage of a school building by the minimum area allowance per FTE student pursuant to subsection b. of section 8 of P.L.2000, c.72 (C.18A:7G-8) for the grade level students contained therein. The difference between the projected enrollment determined pursuant to subsection a. of section 8 of P.L.2000, c.72 (C.18A:7G-8) and the functional capacity is the unhoused students that are the basis upon which the additional costs of space to provide educationally adequate facilities for the entire projected enrollment are determined. The existing gross square footage for the purposes of defining functional capacity is exclusive of existing spaces that are not contained in the facilities efficiency standards but which are used to deliver programs and services aligned to the core curriculum content standards, used to provide support services directly to students, or other existing spaces that the district can demonstrate would be structurally or fiscally impractical to convert to other uses contained in the facilities efficiency standards;

"'Kit of Parts' standardized school design elements" means the prototypical design utilizing standardized Modern Building Component Elements, Model Educational Specifications, and Model Program Templates created by the development authority for the efficient, adaptable, and scalable organization and configuration of instructional, large group assembly, and other elements within a school facilities project;

"Lease purchase payment" means and includes payment of principal and interest for lease purchase agreements in excess of five years approved pursuant to subsection (f) of N.J.S.18A:20-4.2 prior to the effective date of P.L.2000, c.72 (C.18A:7G-1 et al.) to finance the purchase or construction of school facilities, additions to school facilities, or the reconstruction, remodeling, alteration, modernization, renovation or repair of school facilities, including furnishings, equipment, architect fees and issuance costs. Approved lease purchase agreements in excess of five years shall be accorded the same accounting treatment as school bonds;

"Local share" means, in the case of a school facilities project to be constructed by the development authority, the total costs less the State share as determined pursuant to section 5 of P.L.2000, c.72 (C.18A:7G-5); in the case of a demonstration project, the total costs less the State share as determined pursuant to sections 5 and 6 of P.L.2000, c.72 (C.18A:7G-5 and C.18A:7G-6); and in the case of a school facilities project which shall be financed pursuant to section 15 of P.L.2000, c.72 (C.18A:7G-15), the total costs less the State share as determined pursuant to that section;

"Local unit" means a county, municipality, board of education or any other political subdivision or instrumentality authorized to construct, operate and maintain a school facilities project and to borrow money for those purposes pursuant to law;

"Local unit obligations" means bonds, notes, refunding bonds, refunding notes, lease obligations and all other obligations of a local unit which are issued or entered into for the purpose of paying for all or a portion of the costs of a school facilities project, including moneys payable to the development authority;

"Long-range facilities plan" means the plan required to be submitted to the commissioner by a district pursuant to section 4 of P.L.2000, c.72 (C.18A:7G-4);

"Maintenance" means expenditures which are approved for repairs and replacements for the purpose of keeping a school facility open and safe for use or in its original condition, including repairs and replacements to a school facility's heating, lighting, ventilation, security and other fixtures to keep the facility or fixtures in effective working condition. Maintenance shall not include capital maintenance or contracted custodial or janitorial services, expenditures for the cleaning of a school facility or its fixtures, the care and upkeep of grounds or parking lots, and the cleaning of, or repairs and replacements to, movable furnishings or equipment, or other expenditures which are not required to maintain the original condition over the school facility's useful life. Approved maintenance expenditures shall be as determined by the commissioner pursuant to regulations to be adopted by the commissioner pursuant to section 26 of P.L.2000, c.72 (C.18A:7G-26);

"Materials and Systems Standards" means the development authority's "Materials and Systems Standards Manual" and "Construction Details Manual," which are:

intended to implement standardized designs in support of repeatable, durable, and cost-effective construction of school facilities projects;

comprised of "Design Requirements" prescribing the approved standards for selection of materials, systems, and equipment to be incorporated into a school facilities project; and

comprised of "Construction Details" containing standardized construction details for the construction of school facilities projects.

"Model Building Component Elements" means the development of standardized prototypical model room layouts for instructional, large group, and core component building elements;

"Model Educational Specifications" means the development of:

room educational specifications, which describe a school's programs and activities, spatial relationships, and special environmental requirements for each space; and

room fit-out lists, which provide the number, type, and size of equipment, furniture, and fixtures contained in each room inclusive of the party responsible for providing them in a school facility.

"Model Program Templates" means the development of programmatic models that define the number and type of rooms and spaces to be provided in a school facility;

"Model school design program" means the design standards for school facilities projects comprised of the "Kit of Parts" standardized school design elements, developed by the development authority for the adaptable and scalable configuration and repeatable and efficient construction of school facilities projects, pursuant to paragraph (2) of subsection h. of section 4 of P.L.2000, c.72 (C.18A:7G-4);

"Other allowable costs" means the costs of temporary facilities, site development, acquisition of land or other real property interests necessary to effectuate the school facilities project, fees for the services of design professionals, including architects, engineers, construction managers and other design professionals, legal fees, financing costs and the administrative costs of the development authority and the financing authority or the district incurred in connection with the school facilities project;

"Other facilities" means athletic stadiums, swimming pools, ice rinks, any associated structures or related equipment tied to such facilities including, but not limited to, grandstands and night field lights, greenhouses, facilities used for non-instructional or non-educational purposes, and any structure, building, or facility used solely for school administration;

"Preliminary eligible costs" means the initial eligible costs of a school facilities project as calculated pursuant to the formulas set forth in section 7 of P.L.2000, c.72 (C.18A:7G-7) or as otherwise provided pursuant to section 5 of P.L.2000, c.72 (C.18A:7G-5) and which shall be deemed to include the costs of construction and other allowable costs;

"Project charter" means the document that sets forth the scope, budget, and schedule of a school facilities project, as approved by the board of the development authority, and which is updated from time to time during the course of the school facilities project with board approval.

"Redevelopment entity" means a redevelopment entity authorized by a municipal governing body to implement plans and carry out redevelopment projects in the municipality pursuant to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et al.);

"School bonds" means, in the case of a school facilities project which is to be constructed by the development authority, a redevelopment entity, or a district under section 15 of P.L.2000, c.72 (C.18A:7G-15), bonds, notes or other obligations issued by a district to finance the local share; and, in the case of a school facilities project which is not to be constructed by the development authority or a redevelopment entity, or financed under section 15 of P.L.2000, c.72 (C.18A:7G-15), bonds, notes or other obligations issued by a district to finance the total costs;

"School enrollment" means the number of FTE students other than evening school students, including post-graduate students and post-secondary vocational students, who, on the last school day prior to October 16 of the current school year, are recorded in the registers of the school;

"School facility" means and includes any structure, building, or facility used wholly or in part for educational purposes by a district and facilities that physically support such structures, buildings and facilities, such as district wastewater treatment facilities, power generating facilities, and steam generating facilities, but shall exclude other facilities;

"School facilities project" means the planning, acquisition, demolition, construction, improvement, alteration, modernization, renovation, reconstruction or capital maintenance of all or any part of a school facility or of any other personal property necessary for, or ancillary to, any school facility, and shall include fixtures, furnishings and equipment, and shall also include, but is not limited to, site acquisition, site development, the services of design professionals, such as engineers and architects, construction management, legal services, financing costs and administrative costs and expenses incurred in connection with the project;

"SDA district" is a district that received education opportunity aid or preschool expansion aid in the 2007-2008 school year;

"Special education services pupil" means a pupil receiving specific services pursuant to chapter 46 of Title 18A of the New Jersey Statutes;

"State aid" means State municipal aid and State school aid;

"State debt service aid" means for school bonds issued for school facilities projects approved by the commissioner after the effective date of P.L.2000, c.72 (C.18A:7G-1 et al.) of districts which elect not to have a redevelopment entity construct the project or which elect not to finance the project under section 15 of P.L.2000, c.72 (C.18A:7G-15), the amount of State aid determined pursuant to section 9 of P.L.2000, c.72 (C.18A:7G-9); and for school bonds or certificates of participation issued for school facilities projects approved by the commissioner prior to the effective date of P.L.2000, c.72 (C.18A:7G-1 et al.) the amount of State aid determined pursuant to section 10 of P.L.2000, c.72 (C.18A:7G-10);

"State municipal aid" means business personal property tax replacement revenues, State urban aid and State revenue sharing, as these terms are defined in section 2 of P.L.1976, c.38 (C.40A:3-3), or other similar forms of State aid payable to the local unit and to the extent permitted by federal law, federal moneys appropriated or apportioned to the municipality or county by the State;

"State school aid" means the funds made available to school districts pursuant to section 11 of P.L.2007, c.260 (C.18A:7F-53);

"State share" means the State's proportionate share of the final eligible costs of a school facilities project to be constructed by the development authority as determined pursuant to section 5 of P.L.2000, c.72 (C.18A:7G-5); in the case of a demonstration project, the State's proportionate share of the final eligible costs of the project as determined pursuant to sections 5 and 6 of P.L.2000, c.72 (C.18A:7G-5 and C.18A:7G-6); and in the case of a school facilities project to be financed pursuant to section 15 of P.L.2000, c.72 (C.18A:7G-15), the State share as determined pursuant to that section;

"Total costs" means, in the case of a school facilities project which is to be constructed by the development authority or a redevelopment entity or financed pursuant to section 15 of P.L.2000, c.72 (C.18A:7G-15), the final eligible costs plus excess costs if any; and in the case of a school facilities project which is not to be constructed by the development authority or a redevelopment entity or financed pursuant to section 15 of P.L.2000, c.72 (C.18A:7G-15), the total cost of the project as determined by the district.

##### **§ 18A:7G-4** Long-range facilities plan; facilities efficiency standards; time lines. {#sec-18a-7g-4 omnilex-key=us-nj-statutes--title-18a--18A:7G-4}

4. a. By December 15, 2000 and by October 1, 2005, each district shall prepare and submit to the commissioner a long-range facilities plan that details the district's school facilities needs and the district's plan to address those needs for the ensuing five years. Following the approval of the 2005 long-range facilities plan, each district shall amend its long-range facilities plan at least once every five years to update enrollment projections, building capacities, and health and safety conditions. The long-range facilities plan shall incorporate the facilities efficiency standards and shall be filed with the commissioner for approval in accordance with those standards. For those Abbott districts that have submitted long-range facilities plans to the commissioner prior to the effective date of P.L.2000, c.72 (C.18A:7G-1 et al.), this subsection shall not be read to require an additional filing by October 1, 2000.

b. Notwithstanding any other law or regulation to the contrary, an application for a school facilities project pursuant to section 5 of P.L.2000, c.72 (C.18A:7G-5) shall not be approved unless the district has filed a long-range facilities plan that is consistent with the application and the plan has been approved by the commissioner; except that prior to October 1, 2000, the commissioner may approve an application if the project is necessary to protect the health or safety of occupants of the school facility, or is related to required early childhood education programs, or is related to a school facility in which the functional capacity is less than 90 percent of the facilities efficiency standards based on current school enrollment, or the district received bids on the school facilities project prior to the effective date of P.L.2000, c.72 (C.18A:7G-1 et al.) and the district demonstrates that further delay will negatively affect the cost of the project.

c. An amendment to a long-range facilities plan may be submitted at any time to the commissioner for review and determination on the approval or disapproval of the amendment.

d. Each long-range facilities plan shall include a cohort survival methodology or other methodology approved by the commissioner, accompanied by a certification by a qualified demographer retained by the district that serves as the basis for identifying the capacity and program needs detailed in the long-range facilities plan.

e. The long-range facilities plan shall include an educational adequacy inventory of all existing school facilities in the district including the adequacy of school facilities to educate within the district the existing and projected number of pupils with disabilities, the identification of all deficiencies in the district's current inventory of school facilities, which includes the identification of those deficiencies that involve emergent health and safety concerns, and the district's proposed plan for future construction and renovation. The long-range facilities plan submissions shall conform to the guidelines, criteria and format prescribed by the commissioner.

f. Each district shall determine the number of "unhoused students" for the ensuing five-year period calculated pursuant to the provisions of section 8 of P.L.2000, c.72 (C.18A:7G-8).

g. Each district shall submit the long-range facilities plan to the planning board of the municipality or municipalities in which the district is situate for the planning board's review and findings and the incorporation of the plan's goals and objectives into the municipal master plan adopted by the municipality pursuant to section 19 of P.L.1975, c.291 (C.40:55D-28).

h. (1) The commissioner shall develop, for the March 2002 Report on the Cost of Providing a Thorough and Efficient Education issued by the commissioner pursuant to section 4 of P.L.1996, c.138 (C.18A:7F-4), facilities efficiency standards for elementary, middle, and high schools consistent with the core curriculum school delivery assumptions in the report and sufficient for the achievement of the core curriculum content standards, including the provision of required programs in Abbott districts and early childhood education programs in the districts in which these programs are required by the State. The area allowances per FTE student in each class of the district shall be derived from these facilities efficiency standards. The commissioner shall revise the facilities efficiency standards and the area cost allowance in accordance with such schedule as the commissioner deems necessary. The commissioner shall publish the revised facilities efficiency standards and the area cost allowance in the New Jersey Register and, within a reasonable period of time after 30 days following publication, shall file the revised facilities efficiency standards and the area cost allowance with the Office of Administrative Law for publication in the New Jersey Register and those standards shall become effective immediately upon filing. During the 30-day period the commissioner shall provide an opportunity for public comment on the proposed facilities efficiency standards and the area cost allowance.

The facilities efficiency standards developed by the commissioner shall not be construction design standards but rather shall represent the instructional spaces, specialized instructional areas, and administrative spaces that are determined by the commissioner to be educationally adequate to support the achievement of the core curriculum content standards including the provision of required programs in Abbott districts and early childhood education programs in the districts in which these programs are required by the State. A district may design, at its discretion, the educational and other spaces to be included within the school facilities project. The design of the project may eliminate spaces in the facilities efficiency standards, include spaces not in the facilities efficiency standards, or size spaces differently than in the facilities efficiency standards upon a demonstration of the adequacy of the school facilities project to deliver the core curriculum content standards pursuant to paragraph (2) of subsection g. of section 5 of P.L.2000, c.72 (C.18A:7G-5).

Within a reasonable period of time after the effective date of P.L.2000, c.72 (C.18A:7G-1 et al.), the commissioner shall publish the facilities efficiency standards developed for the 2000-2001, 2001-2002, and 2002-2003 school years in the New Jersey Register. Within a reasonable period of time after 30 days after publication in the New Jersey Register, the commissioner shall file the facilities efficiency standards with the Office of Administrative Law and those standards shall become effective immediately upon filing with the Office of Administrative Law. During the 30-day period the commissioner shall provide an opportunity for public comment on the proposed facilities efficiency standards.

(2) Within 120 days of the effective date of P.L.2023, c.311 (C.18A:7G-5b et al.), the development authority, in consultation with the commissioner, shall promulgate a model school design program that shall establish uniform standards for the exterior and interior design of school facilities projects. The development authority may revise the model school design program as the development authority deems necessary to incorporate advances or improvements in materials, technology, construction methods, or educational standards.

i. Within 90 days of the commissioner's receipt of a long-range facilities plan for review, the commissioner shall determine whether the plan is fully and accurately completed and whether all information necessary for a decision on the plan has been filed by the district. If the commissioner determines that the plan is complete, the commissioner shall promptly notify the district in writing and shall have 60 days from the date of that notification to determine whether to approve the plan or not. If the commissioner determines that the plan is not complete, the commissioner shall notify the district in writing. The district shall provide to the commissioner whatever information the commissioner determines is necessary to make the plan accurate and complete. The district shall submit that information to the commissioner, and the commissioner shall have 60 days from the date of receipt of accurate and complete information to determine whether to approve the plan or not.

j. Notwithstanding any provision in subsection i. of this section, if at any time the number of long-range facilities plans filed by school districts with the commissioner and pending review exceeds 20 percent of the number of school districts in New Jersey, the commissioner may extend by 60 days the deadline for reviewing each plan pending at that time.

k. (Deleted by amendment, P.L.2007, c.260).

l. By July 1, 2001, the commissioner shall provide the Legislature with recommendations to address the circumstances of districts which are contiguous with two or more Abbott districts. The recommendations shall address the issues of the financing of school facilities projects and the funding of the educational and other programs required within these districts as a result of their unique demographic situation.

m. By July 1, 2001, the commissioner shall study the Safe Schools Design Guidelines, prepared by the Florida Center for Community Design and Research, which address the issues of school safety and security through the design of school facilities. Based upon the commissioner's study, the commissioner shall issue recommendations to districts on the appropriateness of including the Safe Schools Design Guidelines in the design and construction of school facilities projects.

##### **§ 18A:7G-5** Undertaking and financing of school facilities in certain districts. {#sec-18a-7g-5 omnilex-key=us-nj-statutes--title-18a--18A:7G-5}

5. a. The development authority shall undertake and the financing authority shall finance the school facilities projects of SDA districts.

b. In the case of a district other than an SDA district, State support for the project shall be determined pursuant to section 9 or section 15 of P.L.2000, c.72 (C.18A:7G-9 or C.18A:7G-15), as applicable.

c. Notwithstanding any provision of N.J.S.18A:18A-16 to the contrary, the procedures for obtaining approval of a school facilities project shall be as set forth in P.L.2000, c.72 (C.18A:7G-1 et al.); provided that any district whose school facilities project is not constructed by the development authority shall also be required to comply with the provisions of N.J.S.18A:18A-16 and, in the case of a school facilities project that has estimated total costs over $10,000,000, shall be overseen by a non-conflicted construction management service provider, which holds a current, valid classification issued by the Division of Property Management and Construction in the Department of Treasury pursuant to its classification processes for construction managers, who shall serve from initial application to the commissioner for approval of the project through project completion.

d. (1) Any district seeking to initiate a school facilities project shall apply to the commissioner for approval of the project. The application may include, but not be limited to: a description of the school facilities project; a schematic drawing of the project or, at the option of the district, preliminary plans and specifications; a delineation and description of each of the functional components of the project; educational specifications detailing the programmatic needs of each proposed space; the number of unhoused students to be housed in the project; the area allowances per FTE student as calculated pursuant to section 8 of P.L.2000, c.72 (C.18A:7G-8); and the estimated cost to complete the project as determined by the district.

(2) (a) In the case of an SDA district school facilities project, based upon its educational priority ranking and the Statewide strategic plan established pursuant to subsection m. of this section, the commissioner may authorize the development authority to undertake preconstruction activities which may include, but need not be limited to, site identification, investigation, and acquisition, feasibility studies, land-related design work, design work, site remediation, demolition, and acquisition of temporary facilities. Upon receipt of the authorization, the development authority may initiate the preconstruction activities required to prepare the application for commissioner approval of the school facilities project. Site remediation and demolition preconstruction activities undertaken by the development authority pursuant to this subparagraph shall be included as part of the project charter of the SDA district school facilities project, which project charter covers all other construction activities of the school facilities project.

(b) In the case of an SDA district school facilities project, the project design shall conform to the standards of the model school design program developed by the development authority pursuant to paragraph (2) of subsection h. of section 4 of P.L.2000, c.72 (C.18A:7G-4). The development authority may permit an SDA district school facilities project to include design features that are considered excess costs provided that the design features do not exceed the lesser of 15 percent of total estimated project costs or $4,000,000.

(c) In the case of a district other than an SDA district, the project design of a school facilities project may conform to the standards of the model school design program developed by the development authority pursuant to paragraph (2) of subsection h. of section 4 of P.L.2000, c.72 (C.18A:7G-4).

e. The commissioner shall review each proposed school facilities project to determine whether it is consistent with the district's long-range facilities plan and whether it complies with the facilities efficiency standards and the area allowances per FTE student derived from those standards; and in the case of an SDA district the commissioner shall also review the project's educational priority ranking and the Statewide strategic plan developed pursuant to paragraphs (2) and (3) of subsection m. of this section and whether the project conforms to the standards of the model school design program; and in the case of a district other than an SDA district the commissioner shall also review the project's priority pursuant to paragraph (4) of subsection m. of this section. The commissioner shall make a decision on a district's application within 90 days from the date the commissioner determines that the application is fully and accurately completed and that all information necessary for a decision has been filed by the district, or from the date of the last revision made by the district. If the commissioner is not able to make a decision within 90 days, the commissioner shall notify the district in writing explaining the reason for the delay and indicating the date on which a decision on the project will be made, provided that the date shall not be later than 60 days from the expiration of the original 90 days set forth in this subsection. If the decision is not made by the subsequent date indicated by the commissioner, then the project shall be deemed approved and the preliminary eligible costs for new construction shall be calculated by using the proposed square footage of the building as the approved area for unhoused students.

f. If the commissioner determines that the school facilities project complies with the facilities efficiency standards and the district's long-range facilities plan and does not exceed the area allowance per FTE student derived from those standards, the commissioner shall calculate the preliminary eligible costs of the project pursuant to the formulas set forth in section 7 of P.L.2000, c.72 (C.18A:7G-7); except that (1) in the case of a county special services school district or a county vocational school district, the commissioner shall calculate the preliminary eligible costs to equal the amount determined by the board of school estimate and approved by the board of chosen freeholders pursuant to section 14 of P.L.1971, c.271 (C.18A:46-42) or N.J.S.18A:54-31 as appropriate, and (2) in the case of an SDA district, the commissioner shall calculate the preliminary eligible costs to equal the estimated cost as determined by the development authority.

g. If the commissioner determines that the school facilities project is inconsistent with the facilities efficiency standards or exceeds the area allowances per FTE student derived from those standards, the commissioner shall notify the district.

(1) The commissioner shall approve area allowances in excess of the area allowances per FTE student derived from the facilities efficiency standards if the board of education or State district superintendent, as appropriate, demonstrates that school facilities needs related to required programs cannot be addressed within the facilities efficiency standards and that all other proposed spaces are consistent with those standards. The commissioner shall approve area allowances in excess of the area allowances per FTE student derived from the facilities efficiency standards if the additional area allowances are necessary to accommodate centralized facilities to be shared among two or more school buildings within the district and the centralized facilities represent a more cost effective alternative.

(2) The commissioner may waive a facilities efficiency standard if the board of education or State district superintendent, as appropriate, demonstrates to the commissioner's satisfaction that the waiver will not adversely affect the educational adequacy of the school facility, including the ability to deliver the programs and services necessary to enable all students to achieve the core curriculum content standards.

(3) To house the district's central administration, a district may request an adjustment to the approved areas for unhoused students of 2.17 square feet for each FTE student in the projected total district school enrollment if the proposed administrative offices will be housed in a school facility and the district demonstrates either that the existing central administrative offices are obsolete or that it is more practical to convert those offices to instructional space. To the extent that existing administrative space will continue to be used for administrative purposes, the space shall be included in the formulas set forth in section 7 of P.L.2000, c.72 (C.18A:7G-7).

If the commissioner approves excess facilities efficiency standards or additional area allowances pursuant to paragraph (1), (2), or (3) of this subsection, the commissioner shall calculate the preliminary eligible costs based upon the additional area allowances or excess facilities efficiency standards pursuant to the formulas set forth in section 7 of P.L.2000, c.72 (C.18A:7G-7). In the event that the commissioner does not approve the excess facilities efficiency standards or additional area allowances, the district may either: modify its submission so that the school facilities project meets the facilities efficiency standards; or pay for the excess costs.

(4) The commissioner shall approve spaces in excess of, or inconsistent with, the facilities efficiency standards, hereinafter referred to as nonconforming spaces, upon a determination by the district that the spaces are necessary to comply with State or federal law concerning individuals with disabilities, including that the spaces are necessary to provide in-district programs and services for current disabled pupils who are being served in out-of-district placements or in-district programs and services for the projected disabled pupil population. A district may apply for additional State aid for nonconforming spaces that will permit pupils with disabilities to be educated to the greatest extent possible in the same buildings or classes with their nondisabled peers. The nonconforming spaces may: (a) allow for the return of pupils with disabilities from private facilities; (b) permit the retention of pupils with disabilities who would otherwise be placed in private facilities; (c) provide space for regional programs in a host school building that houses both disabled and nondisabled pupils; and (d) provide space for the coordination of regional programs by a county special services school district, educational services commission, jointure commission, or other agency authorized by law to provide regional educational services in a school building that houses both disabled and nondisabled pupils. A district's State support ratio shall be adjusted to equal the lesser of the sum of its district aid percentage as defined in section 3 of P.L.2000, c.72 (C.18A:7G-3) plus 0.25, or 100 percent for any nonconforming spaces approved by the commissioner pursuant to this paragraph.

h. Upon approval of a school facilities project and determination of the preliminary eligible costs:

(1) In the case of a district other than an SDA district, the commissioner shall notify the district whether the school facilities project is approved and, if so approved, the preliminary eligible costs and the excess costs, if any. Following the determination of preliminary eligible costs and the notification of project approval, the district may appeal to the commissioner for an increase in those costs if the detailed plans and specifications completed by a design professional for the school facilities project indicate that the cost of constructing that portion of the project which is consistent with the facilities efficiency standards and does not exceed the area allowances per FTE student exceeds the preliminary eligible costs as determined by the commissioner for the project by 10 percent or more. The district shall file its appeal within 30 days of the preparation of the plans and specifications. If the district chooses not to file an appeal, then the final eligible costs shall equal the preliminary eligible costs.

The appeal shall outline the reasons why the preliminary eligible costs calculated for the project are inadequate and estimate the amount of the adjustment which needs to be made to the preliminary eligible costs. The commissioner shall forward the appeal information to the development authority for its review and recommendation. If the additional costs are the result of factors that are within the control of the district or are the result of design factors that are not required to meet the facilities efficiency standards, the development authority shall recommend to the commissioner that the preliminary eligible costs be accepted as the final eligible costs. If the development authority determines the additional costs are not within the control of the district or are the result of design factors required to meet the facilities efficiency standards, the development authority shall recommend to the commissioner a final eligible cost based on its experience for districts with similar characteristics, provided that, notwithstanding anything to the contrary, the commissioner shall not approve an adjustment to the preliminary eligible costs which exceeds 10 percent of the preliminary eligible costs. The commissioner shall make a determination on the appeal within 30 days of its receipt. If the commissioner does not approve an adjustment to the school facilities project's preliminary eligible costs, the commissioner shall issue his findings in writing on the reasons for the denial and on why the preliminary eligible costs as originally calculated are sufficient.

(2) In the case of an SDA district, the commissioner shall promptly prepare and submit to the development authority a preliminary project report which shall consist, at a minimum, of the following information: a complete description of the school facilities project; the actual location of the project; the total square footage of the project together with a breakdown of total square footage by functional component; the preliminary eligible costs of the project; the project's priority ranking determined pursuant to subsection m. of this section; any other factors to be considered by the development authority in undertaking the project; and the name and address of the person from the district to contact in regard to the project.

i. Upon receipt by the development authority of the preliminary project report, the development authority, upon consultation with the district, shall prepare detailed plans and specifications and schedules which contain the development authority's estimated cost and schedule to complete the school facilities project. The development authority shall transmit to the commissioner its recommendations in regard to the project which shall, at a minimum, contain the detailed plans and specifications; whether the school facilities project can be completed within the preliminary eligible costs; and any other factors which the development authority determines should be considered by the commissioner.

(1) In the event that the development authority determines that the school facilities project can be completed within the preliminary eligible costs: the final eligible costs shall be deemed to equal the preliminary eligible costs; the commissioner shall be deemed to have given final approval to the project; and the preliminary project report shall be deemed to be the final project report delivered to the development authority pursuant to subsection j. of this section.

(2) In the event that the development authority determines that the school facilities project cannot be completed within the preliminary eligible costs, prior to the submission of its recommendations to the commissioner, the development authority shall, in consultation with the district and the commissioner, determine whether changes can be made in the project which will result in a reduction in costs while at the same time meeting the facilities efficiency standards approved by the commissioner.

(a) If the development authority determines that changes in the school facilities project are possible so that the project can be accomplished within the scope of the preliminary eligible costs while still meeting the facilities efficiency standards, the development authority shall so advise the commissioner, whereupon the commissioner shall: calculate the final eligible costs to equal the preliminary eligible costs; give final approval to the project with the changes noted; and issue a final project report to the development authority pursuant to subsection j. of this section.

(b) If the development authority determines that it is not possible to make changes in the school facilities project so that it can be completed within the preliminary eligible costs either because the additional costs are the result of factors outside the control of the district or the additional costs are required to meet the facilities efficiency standards, the development authority shall recommend to the commissioner that the preliminary eligible costs be increased accordingly, whereupon the commissioner shall: calculate the final eligible costs to equal the sum of the preliminary eligible costs plus the increase recommended by the development authority; give final approval to the project; and issue a final project report to the development authority pursuant to subsection j. of this section.

(c) If the additional costs are the result of factors that are within the control of the district or are the result of design factors that are not required to meet the facilities efficiency standards or approved pursuant to paragraph (1) of subsection g. of this section, the development authority shall recommend to the commissioner that the preliminary eligible costs be accepted, whereupon the commissioner shall: calculate the final eligible costs to equal the preliminary eligible costs and specify the excess costs which are to be borne by the district; give final approval to the school facilities project; and issue a final project report to the development authority pursuant to subsection j. of this section; provided that the commissioner may approve final eligible costs which are in excess of the preliminary eligible costs if, in his judgment, the action is necessary to meet the educational needs of the district.

(d) For a school facilities project undertaken by the development authority, the development authority shall be responsible for any costs of construction, but only from the proceeds of bonds issued by the financing authority pursuant to P.L.2000, c.72 (C.18A:7G-1 et al.) and P.L.2007, c.137 (C.52:18A-235 et al.), which exceed the amount originally projected by the development authority and approved for financing by the development authority, provided that the excess is the result of an underestimate of labor or materials costs by the development authority. After receipt by the development authority of the final project report, the district shall be responsible only for the costs associated with changes, if any, made at the request of the district to the scope of the school facilities project.

j. The development authority shall not commence the construction of a school facilities project unless the commissioner transmits to the development authority a final project report and the district complies with the approval requirements for the local share, if any, pursuant to section 11 of P.L.2000, c.72 (C.18A:7G-11). The final project report shall contain all of the information contained in the preliminary project report and, in addition, shall contain: the final eligible costs; the excess costs, if any; the total costs which equals the final eligible costs plus excess costs, if any; the State share; and the local share.

k. For the SDA districts, the State share shall be 100 percent of the final eligible costs. Except as otherwise provided pursuant to section 9 of P.L.2000, c.72 (C.18A:7G-9), for all other districts, the State share shall be an amount equal to the district aid percentage; except that the State share shall not be less than 40 percent of the final eligible costs.

If any district which is included in district factor group A or B, other than an SDA district, is having difficulty financing the local share of a school facilities project, the district may apply to the commissioner to receive 100 percent State support for the project and the commissioner may request the approval of the Legislature to increase the State share of the project to 100 percent.

l. The local share for school facilities projects constructed by the authority or a redevelopment entity shall equal the final eligible costs plus any excess costs less the State share.

m. (1) Within 90 days of the effective date of P.L.2007, c.137 (C.52:18A-235 et al.), the commissioner shall develop an educational facilities needs assessment for each SDA district. The assessment shall be updated periodically by the commissioner in accordance with the schedule the commissioner deems appropriate for the district; except that each assessment shall at a minimum be updated within five years of the development of the district's most recent prior educational facilities needs assessment. The assessment shall be transmitted to the development authority to be used to initiate the planning activities required prior to the establishment of the educational priority ranking of school facilities projects pursuant to paragraph (2) of this subsection.

(2) Following the approval of an SDA district's long-range facilities plan or of an amendment to that plan, but prior to authorization of preconstruction activities for a school facilities project included in the plan or amendment, the commissioner shall establish, in consultation with the SDA district, an educational priority ranking of all school facilities projects in the SDA district based upon the commissioner's determination of critical need in accordance with priority project categories developed by the commissioner. The priority project categories shall include, but not be limited to, health and safety, overcrowding in the early childhood, elementary, middle, and high school grade levels, spaces necessary to provide in-district programs and services for current disabled students who are being served in out-of-district placements or in-district programs and services for the projected disabled student population, rehabilitation, and educational adequacy.

(3) (a) Upon the commissioner's determination of the educational priority ranking of school facilities projects in SDA districts pursuant to paragraph (2) of this subsection, the development authority, in consultation with the commissioner, the SDA districts, and the governing bodies of the municipalities in which the SDA districts are situate, shall establish a Statewide strategic plan to be used in the sequencing of SDA district school facilities projects based upon the projects' educational priority rankings and issues which impact the development authority's ability to complete the projects including, but not limited to, the construction schedule and other appropriate factors. The development authority shall revise the Statewide strategic plan and the sequencing of SDA district school facilities projects in accordance with that plan no less than once every five years, except that the plan shall be updated within 120 days of the effective date of P.L.2023, c.311 (C.18A:7G-5b et al.). In addition to any other information that the development authority may deem appropriate, the Statewide strategic plan shall include a description of the project, which shall indicate whether the project will be new construction or renovation and whether the project will require the acquisition of land.

(b) In developing the Statewide strategic plan, the development authority shall prioritize:

(i) new construction projects;

(ii) projects located on land owned by the school district or other public entities; and

(iii) projects needed to replace school buildings that have been in use for 100 or more years.

(c) Any amendment to an SDA district's long-range facilities plan that is submitted to the commissioner in the period between the five-year updates of the long-range facilities plan shall be considered by the development authority, in consultation with the commissioner, for incorporation into the Statewide strategic plan. In making a determination on whether or not to amend the Statewide strategic plan, the development authority shall consider the cost of the amendment, the impact of the amendment upon the school development plans for other districts, and other appropriate factors.

(d) Within 10 days following any update to the Statewide strategic plan, the development authority shall transmit the plan to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and to the members of the Senate Education Committee and the Assembly Education Committee, or any successor committees.

(4) In the case of a district other than an SDA district, the commissioner shall establish a priority process for the financing of school facilities projects based upon the commissioner's determination of critical need in accordance with priority project categories developed by the commissioner. The priority project categories shall include, but not be limited to, health and safety, overcrowding in the elementary, middle, and high school grade levels, spaces necessary to provide in-district programs and services for current disabled students who are being served in out-of-district placements or in-district programs and services for the projected disabled student population, and full-day kindergarten facilities in the case of school districts required to provide full-day preschool pursuant to section 12 of P.L.2007, c.260 (C.18A:7F-54).

n. The provisions of the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., shall be applicable to any school facilities project constructed by a district but shall not be applicable to projects constructed by the development authority or a redevelopment entity pursuant to the provisions of this act.

o. In the case of a school facilities project of a district other than an SDA district, any proceeds of school bonds issued by the district for the purpose of funding the project which remain unspent upon completion of the project shall be used by the district to reduce the outstanding principal amount of the school bonds.

p. Upon completion by the development authority of a school facilities project, if the cost of construction and completion of the project is less than the total costs, the district shall be entitled to receive a portion of the local share based on a pro rata share of the difference based on the ratio of the State share to the local share.

q. The development authority shall determine the cause of any costs of construction which exceed the amount originally projected by the development authority and approved for financing by the financing authority.

r. (Deleted by amendment, P.L.2007, c.137).

s. (Deleted by amendment, P.L.2007, c.137).

##### **§ 18A:7G-5a** County vocational school district, construction, issuance of bonds by county improvement authority to finance school facilities project. {#sec-18a-7g-5a omnilex-key=us-nj-statutes--title-18a--18A:7G-5a}

1. a. Notwithstanding the provisions of P.L.2000, c.72 (C.18A:7G-1 et al.) or any other section of law to the contrary, the board of education of a county vocational school district may request a county improvement authority to construct a county vocational school district school facilities project and to issue its bonds to finance the local share of a project that is to be financed under section 15 of P.L.2000, c.72 (C.18A:7G-15), or to finance the total costs of a project that is not to be financed under section 15 of P.L.2000, c.72 (C.18A:7G-15). The bonds of a county improvement authority issued to finance the total costs of a county vocational school district school facilities project that is not to be financed under section 15 of P.L.2000, c.72 (C.18A:7F-15) shall be eligible for State debt service aid in accordance with the formula established under section 9 of P.L.2000, c.72 (C.18A:7G-9).

b. A county vocational school district may lease its lands or facilities to the county improvement authority which may construct the school facilities project through a design-build contract. Whenever a school facilities project is constructed by a county improvement authority through a design-build contract: (1) The county improvement authority shall follow the procedures established by the rules and regulations of the New Jersey Schools Development Authority for the procurement of design-build contracts; (2) The county improvement authority shall follow the design requirements and materials and system standards established by the development authority; (3) The provisions of the "Public School Contracts Law," (N.J.S.18A:18A-1 et seq.), and the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), shall not apply; and (4) A county vocational school district shall comply with the procedures for obtaining approval of the project under P.L.2000, c.72 (C.18A:7G-1 et al.), but shall not be required to comply with the provisions of N.J.S.18A:18A-16.

c. The county improvement authority shall lease the county vocational school district school facilities project to the county which shall then lease it for nominal consideration to the county vocational school district for as long as the county improvement authority bonds or refunding bonds are outstanding. Nothing in this section shall be construed to authorize a county to require a county vocational school district to bear any portion of the cost of the debt service on the county improvement authority bonds issued to fund the county vocational school district school facilities project or on any refunding bonds.

d. The county lease payments made to the county improvement authority pursuant to subsection c. of this section shall not be subject to any cap on appropriations or on spending or to any tax levy cap. The county lease payments shall be sufficient to pay debt service on the county improvement authority bonds issued to fund the county vocational school district school facilities project or on any refunding bonds, that remains after the application of any State debt service aid paid on those bonds pursuant to section 9 of P.L.2000, c.72 (C.18A:7G-9). The county lease payments shall be payable over the life of the bonds.

e. When the bonds issued by a county improvement authority are no longer outstanding, the leases and liens of the county and the county improvement authority shall expire and the county vocational school district school facilities project shall be solely vested in the county vocational school district. The county vocational school district shall be responsible for the operation, maintenance, and improvement of the school facility upon the completion of the school facilities project.

##### **§ 18A:7G-5b** County improvement authority, agreement, school facilities project construction, issue bonds, financing. {#sec-18a-7g-5b omnilex-key=us-nj-statutes--title-18a--18A:7G-5b}

5. a. Notwithstanding the provisions of P.L.2000, c.72 (C.18A:7G-1 et al.) or any other section of law to the contrary, the board of education of a district other than an SDA district may enter into an agreement with a county improvement authority to construct a school facilities project and to issue its bonds to finance the local share of a project that is to be financed pursuant to section 15 of P.L.2000, c.72 (18A:7G-15), or to finance the total costs of a project that is not to be financed pursuant to section 15 of P.L.2000, c.72 (C.18A:7G-15). The bonds of a county improvement authority issued to finance the total costs of a school facilities project that is not to be financed pursuant to section 15 of P.L.2000, c.72 (C.18A:7G-15) shall be eligible for State debt service aid in accordance with the formula established pursuant to section 9 of P.L.2000, c.72 (C.18A:7G-9).

b. A district other than an SDA district may lease its lands or facilities to the county improvement authority, which may construct the school facilities project. Whenever a school facilities project is constructed by a county improvement authority pursuant to the provisions of this section, the improvement authority shall follow the applicable public bidding procedures or requirements under the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., section 2 of P.L.2018, c.90 (C.18A:18A-60), or sections 34 through 41 of P.L.2021, c.71 (C.18A:18A-61 through C.18A:18A-68).

c. The county improvement authority may lease the school facilities project to the county, which shall then lease it to the district for as long as the county improvement authority bonds or refunding bonds are outstanding. The leases executed pursuant to this subsection shall be valid and binding on the county and the district.

d. In the event that leases of a school facilities project are executed pursuant to subsection c. of this section, the district lease payments made to the county and the county lease payments made to the county improvement authority shall not be subject to any cap on appropriations or on spending or to any tax levy cap. The district lease payments shall be sufficient to pay all debt service on the county improvement authority bonds issued to fund the school facilities project, or any refunding bonds, that remains after the application of any State debt service aid paid on those bonds pursuant to section 9 of P.L.2000, c.72 (C.18A:7G-9). The district lease payments shall be binding, and the full amount of annual district lease payment obligations shall be included in each school budget adopted over the life of the bonds. All lease payments pursuant to this section shall be payable over the life of the bonds.

e. When the bonds issued by a county improvement authority are no longer outstanding, any leases and liens of the county and the county improvement authority that are executed pursuant to subsection c. of this section shall expire and the school facilities project shall be solely vested in the school district. The school district shall be responsible for the operation, maintenance, and improvement of the school facility upon the completion of the school facilities project.

##### **§ 18A:7G-5.1** No construction of school within 1,000 feet of an existing entry, exit ramp of a highway; exceptions. {#sec-18a-7g-5.1 omnilex-key=us-nj-statutes--title-18a--18A:7G-5.1}

5. a. A school shall not be constructed within 1,000 feet of an existing entry or exit ramp of a highway unless, during the planning and design of the proposed school, the local board of education and, in the case of a school to be constructed by the New Jersey Economic Development Authority, the authority, or, in the case of a nonpublic school, the board thereof, determines that there is no feasible or prudent alternative. Prior to making this determination, the local board of education and, in the case of a school to be constructed by the New Jersey Economic Development Authority, the authority, or, in the case of a nonpublic school, the board thereof, shall notify the members of the Legislature representing the district in which the school is proposed to be constructed and the Departments of Transportation and Education that construction of a school is being considered within 1,000 feet of the entry or exit ramp of a highway. The legislators shall be afforded the opportunity to submit comments to the local board of education, and, in the case of a school being constructed by the New Jersey Economic Development Authority, the authority, or the board of the nonpublic school, as the case may be, and the Departments of Transportation and Education. If the determination is subsequently made that there is no feasible or prudent alternative, the Department of Transportation shall be so notified and the Department of Transportation shall review the proposed location of the school, identify potential safety hazards, and make recommendations to abate or minimize such hazards consistent with the study required pursuant to section 7 of this act, or if the study is not completed, consistent with such preliminary findings and recommendations which may exist. The Department of Transportation shall complete its review within 90 days of receiving notification of the determination, and shall report its findings to the local board of education and, in the case of a school being constructed by the New Jersey Economic Development Authority, to the authority, or to the board of the nonpublic school, the Department of Education and the members of the Legislature representing the legislative district in which the school is proposed to be constructed.

b. As a condition of granting approval of a proposed school facilities project, the Department of Education shall require a local board of education to include with a board's application for approval: (1) a certification that the proposed school is not within 1,000 feet of an entry or exit ramp of a highway; or (2) a response to each item of advice to mitigate safety hazards that the Department of Transportation has issued based on the Department of Transportation's review of the school project.

##### **§ 18A:7G-5.2** Public school facilities, certain, security measures required. {#sec-18a-7g-5.2 omnilex-key=us-nj-statutes--title-18a--18A:7G-5.2}

1. a. In the case of new school construction undertaken by a district or the development authority, in addition to the Best Practices Standards for Schools under Construction or Being Planned for Construction set forth by the Department of Community Affairs, the district or the development authority, as applicable, shall provide in the architectural design for the new construction that:

(1) wherever possible, a building site shall be chosen with adequate space to accommodate bus and vehicular traffic separately and permit additional space for the proper evacuation of occupants;

(2) wherever possible, bus drop-off/pick-up areas shall be separated from other vehicular drop-off/pick-up areas;

(3) wherever possible, pedestrian routes shall be separated from vehicular routes, and crossing of the two shall be minimized;

(4) the number of anterior doors shall be kept to a minimum as necessary to satisfy operational considerations and meet code requirements, and wherever possible exterior door hardware shall be eliminated from doors that are intended only for emergency egress;

(5) there is a single public entrance to be used during the school day which shall be equipped with a security vestibule with interior doors that must be released by school security or other staff. The district or development authority shall give consideration to providing bullet resistant glazing in the interior vestibule doors and windows;

(6) all marked entrances shall conform to a uniform numbering system in order to assist emergency responders in locating particular areas. The principal's office shall have a secondary exit;

(7) interior door locks on spaces that will serve as safe havens during lockdowns shall have a keyless locking mechanism;

(8) new school buildings shall be provided with access control systems which allow for remote locking and unlocking of all building access doors; and

(9) new school buildings shall be designed and built in such a manner that areas intended for public use may be separated and secured from all other areas.

b. In the case of new school construction undertaken by a district or the development authority, and in the case of existing school buildings, a district or the development authority, as applicable, shall:

(1) employ the Crime Prevention through Environmental Design principles;

(2) require security personnel to be in uniform;

(3) make driveways one way, if possible, that lead to a clearly marked visitor parking area. STOP signs and other traffic calming devices shall be used to keep vehicles at a reasonable speed;

(4) place bollards along the roadway or curb line in front of the school to prevent vehicles from gaining access to exterior walls, windows, and doors, or in areas of the property where vehicles are prohibited;

(5) clearly mark the school's main entrance and make it easily visible and recognizable;

(6) limit the number of doors for access by staff;

(7) lock exterior doors, and when they are in use for a large entry/exit provide that they are staffed and monitored;

(8) utilize an access control system with remote unlocking features, an intercom, and fixed cameras at the school's main entrance and for other entrances as funding permits;

(9) clearly mark all entrances with a numerical sequence to allow for specific response by police, fire, and emergency medical services responders;

(10) maintain a parking decal or tag system for all staff and students who park on campus in order to easily identify unauthorized vehicles on the property;

(11) locate enclosures for utilities that are outside a school building away from the building to ensure that they do not provide roof access;

(12) provide adequate and properly maintained lighting around the buildings and parking lots;

(13) if funding, staffing, and site approval are possible, provide a guard shack and gate on the school campus as an effective perimeter control;

(14) where the footprint of the school allows, and if funding is available, create secure vestibules at the main entrance of the school building. The exterior door entrance to the school shall allow access by a visitor only to the vestibule and the doors to the remainder of the building shall be locked;

(15) adopt school district policies and procedures to clearly indicate that propping open doors is strictly prohibited, and that students and staff shall not open a door for anyone. All persons seeking entry to the building shall be directed to the main entrance;

(16) use surveillance cameras as a target-hardening tool;

(17) provide a dedicated server and generator for security systems, such as access control and surveillance cameras, in order to secure information and ensure efficient operation in an emergency;

(18) use ballistic or shatter resistant film for glass entrance door sidelights and other vulnerable first floor areas; and

(19) maintain a strict key distribution protocol that requires staff to sign for keys and return them at the end of each school year.

c. The commissioner, in consultation with the development authority, may revise the architectural design standards for new school construction established pursuant to subsection a. of this section and the standards for new school construction and existing school buildings established pursuant to subsection b. of this section, to reflect new recommendations or changes in best practices for school security.

##### **§ 18A:7G-6** Applicability of C.18A:7G-5 to demonstration projects; exceptions. {#sec-18a-7g-6 omnilex-key=us-nj-statutes--title-18a--18A:7G-6}

6. The provisions of section 5 of P.L.2000, c.72 (C.18A:7G-5) shall pertain to school facilities projects designated to be demonstration projects except as otherwise provided in this section.

a. For the initial three full fiscal years following the effective date of P.L.2000, c.72 (C.18A:7G-1 et al.), the State Treasurer may designate up to six school facilities projects which the State Treasurer determines to be in the best interests of the State and of the districts to be demonstration projects pursuant to the provisions of this section. As used in this section, "authority" means the New Jersey Economic Development Authority which was designated as both the financing and construction agency for school facilities projects prior to the enactment of P.L.2007, c.137 (C.52:18A-235 et al.); except that in the event that any actions required to be taken pursuant to this section by the New Jersey Economic Development Authority or its subsidiary, the New Jersey Schools Construction Corporation, have not been taken prior to the effective date of P.L.2007, c.137 (C.52:18A-235 et al.), authority shall mean the New Jersey Schools Development Authority.

b. A district and municipality may apply to the authority for the designation of a school facilities project contained in a long-range facilities plan submitted to the commissioner pursuant to section 4 of P.L.2000, c.72 (C.18A:7G-4) to be a demonstration project to provide for the coordination of local economic development, redevelopment or community development with a school facilities project. The application shall be accompanied by resolutions requesting the designation adopted by the board of education of the district and the governing body of the municipality. The application shall set forth:

(1) a plan for carrying out the redevelopment project as a whole, including the construction of the school facilities project;

(2) the name of the redevelopment entity to undertake the project under the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et al.);

(3) a description of how the project fits into a redevelopment plan adopted or to be adopted by the municipal governing body pursuant to section 7 of P.L.1992, c.79 (C.40A:12A-7); and

(4) a description of the community design features to be included in the school facilities project.

c. The authority shall evaluate the request to determine whether the school facilities project is suitable for designation as a demonstration project and whether the proposed redevelopment entity is suitable for designation as the entity to construct the demonstration project based upon consideration of the following factors:

(1) whether the demonstration project furthers definite local objectives as to appropriate land uses, density of population, and improved traffic and public transportation, public utilities, recreational and community facilities and other public improvements;

(2) whether the demonstration project provides significant social and economic benefits to the municipality, its neighborhoods and residents;

(3) whether the development of the school facilities project is consistent with the local development plan;

(4) the extent to which the school facilities project contains community design features which can be used by the community;

(5) whether the redevelopment entity has the current capacity to construct the demonstration project;

(6) whether the redevelopment entity has the appropriate prior experience in developing similar types of projects; and

(7) whether there exist donations from private entities for the purpose of the demonstration project.

d. The authority's review of the proposed school facilities project for designation as a demonstration project under this section shall commence upon approval by the commissioner of the school facilities project pursuant to section 5 of P.L.2000, c.72 (C.18A:7G-5). Upon approval by the commissioner of the school facilities project, and recommendation by the authority that the school facilities project be a demonstration project, the recommendation of the authority shall be forwarded to the State Treasurer who shall determine whether the school facilities project should be designated as a demonstration project. At the same time as the authority forwards its recommendation to the State Treasurer, the authority shall forward its recommendation to the Urban Coordinating Council for review pursuant to subsection i. of this section.

e. In addition to the requirements set forth in section 5 of P.L.2000, c.72 (C.18A:7G-5), a demonstration project may request inclusion in the final eligible costs of the school facilities project, of all or any portion of the cost of any community design features including any area, rooms, equipment, recreational area or playground included in the school facilities project which are to be used in common by students of the district and by residents of the community, but there shall not be included in the final eligible costs any portion of the cost of any features which are not an integral part of the school building and grounds or exceed the facilities efficiency standards. The commissioner shall approve the inclusion of the community design features as part of the school facilities project if he finds that the inclusion of the community design features as part of the school facilities project would be conducive to the usefulness and success of the project for both the students of the district and the residents of the community. The commissioner may condition his approval upon the adoption by the district of policies suitable for assuring continuing community or educational access to the community design features.

f. The cost of the community design features approved by the commissioner shall be reviewed by the authority. The district shall submit the documentation required by the authority for the authority to make its determination. The authority shall, in its recommendation to the commissioner pursuant to section 5 of P.L.2000, c.72 (C.18A:7G-5), include its recommendation with respect to the cost of the community design features. The commissioner shall make the final determination with respect to the inclusion of the cost of community design features in the final eligible costs.

g. The authority shall provide funding for the State's share of the final eligible costs of a school facilities project to be constructed as part of a demonstration project pursuant to an agreement among the authority, the redevelopment entity and the district which shall, in addition to any other terms and conditions, set forth the terms for disbursement of the State share and provide for the monitoring of construction by the authority.

h. Upon completion of a demonstration project by a redevelopment entity, the district shall submit to the commissioner a plan to provide for the maintenance of the project and shall enter into a contract which provides for that maintenance.

i. The Urban Coordinating Council shall review the recommendations of the authority with respect to the demonstration projects and shall advise the authority, redevelopment entity and the district regarding the potential availability of funding for the demonstration project, including, but not limited to, sources of funds for acquisition, clearance, site remediation, and assemblage of land and the development, redevelopment, construction or rehabilitation of any structure or improvement included in the project.

j. Any district may consult with the Urban Coordinating Council with respect to the potential availability of funding for aspects of the school facilities project, including, but not limited to, sources of funds for acquisition, clearance, site remediation, and assemblage of land and the development, redevelopment, construction or rehabilitation of any structure or improvement included in the project.

##### **§ 18A:7G-7** Approval of preliminary eligible costs. {#sec-18a-7g-7 omnilex-key=us-nj-statutes--title-18a--18A:7G-7}

7. a. Preliminary eligible costs for construction of new school facilities and additions to school facilities, characterized by an increase in the square footage of the school facility, shall be approved only if necessary for reasons of unhoused students. Unhoused students are the number of students to be housed in a school building, but which cannot be housed in an existing building without additional space or a new building in order to maintain educational adequacy; or which are temporarily being housed in space that was originally designed or intended for instruction in specialized areas including, but not limited to, science, art, music, other hands-on learning experiences and comprehensive health and physical education. Unhoused students are calculated by subtracting the projected enrollment for a school building from its functional capacity.

Preliminary eligible costs for construction of new school facilities and additions to school facilities pursuant to this subsection shall be calculated as follows:

Preliminary eligible costs = AU x C

where

AU is the approved area for unhoused students; and

C is the area cost allowance.

b. Preliminary eligible costs shall be approved for a rehabilitation project which means the reconstruction, remodeling, alteration, modernization, renovation or repair of school facilities but only for the purpose of keeping the school building functional for its original purpose or for new purposes that can be accomplished without increasing the gross square footage of the original facility.

Preliminary eligible costs for rehabilitation projects pursuant to this subsection shall be calculated as follows:

Preliminary eligible costs = estimated actual costs.

All school facilities shall be deemed suitable for rehabilitation unless a pre-construction evaluation undertaken by the district demonstrates to the satisfaction of the commissioner that the structure might pose a risk to the safety of the occupants even after rehabilitation, or that rehabilitation is not cost-effective. Whenever a district determines to undertake new construction rather than a rehabilitation project, the district shall undertake a preconstruction evaluation to determine whether, because of health and safety or efficiency, it would be more feasible to replace rather than renovate the school facility. When the district demonstrates to the satisfaction of the commissioner that replacement is more feasible, the district shall be authorized to have the school facility replaced rather than renovated and the preliminary eligible costs shall be determined pursuant to subsection a. of this section. The estimated costs of a rehabilitation project shall contain only those costs necessary for compliance with the Uniform Construction Code, health and safety, and educational adequacy as determined pursuant to the facilities efficiency standards and paragraph (1) of subsection g. of section 5 of this act.

c. When construction done in lieu of rehabilitation projects qualifies as new construction, the approved area for unhoused students shall be determined by the commissioner, with consideration of the existing school facilities in the district.

d. Preliminary eligible costs for new construction done in lieu of rehabilitation projects which does not meet the requirements of subsection b. of this section shall be determined in accordance with the methodology for aiding rehabilitation projects, with the preliminary eligible costs determined pursuant to subsection b. of this section.

e. Preliminary eligible costs for purchase of an existing facility to be used as a school facility shall be determined in accordance with the methodology for new construction, with preliminary eligible costs determined pursuant to subsection a. of this section.

f. Notwithstanding the provisions of subsections a. and b. of this section, preliminary eligible costs for any addition or reconstruction, remodeling, alteration, modernization, renovation or repair made to a purchased facility within five years of purchase shall be determined as follows:

Preliminary eligible costs = (ACP-PC) x (C/CP)

where

ACP is the preliminary eligible costs for the facilities purchase pursuant to subsection e. of this section;

PC is the purchase cost for the facility;

C is the area cost allowance at the time of application for the renovation; and

CP is the area cost allowance at the time of purchase of the facility.

Preliminary eligible costs so calculated shall not be less than zero.

##### **§ 18A:7G-8** Calculation of number of unhoused students. {#sec-18a-7g-8 omnilex-key=us-nj-statutes--title-18a--18A:7G-8}

8. a. The number of unhoused students shall be calculated as the number of FTE students who are projected to be enrolled in kindergarten, grades 1 through 12, and special education services pupil educational programs provided in a district within five years, which are in excess of the functional capacity of the district's current school facilities or the functional capacity of the school facilities which will be available within five years other than the school facilities for which the preliminary eligible costs are determined, based upon the district's long-range facilities plan. The determination of unhoused capacity shall separately consider projected enrollments and functional capacities at the elementary (kindergarten through grade 5), middle (grades 6 through 8), and high school (grades 9 through 12) levels. For the purpose of calculating the district's unhoused students, special education services students shall be considered part of the grade level to which the students' chronological age corresponds. In the event that the commissioner approves a school facilities project which involves the construction of a new school facility to replace an existing school facility, which shall accommodate both the unhoused students and the students in the existing school facility, the calculation of the number of unhoused students shall include the number of students currently attending the existing facility which is to be replaced.

b. Approved area for unhoused students (AU) shall be determined according to the following formula:

AU = (UE x SE) + (UM x SM) + (UH x SH) where

UE, UM, UH are the numbers of unhoused students in the elementary, middle, and high school enrollment categories, respectively; and

SE, SM, SH are the area allowances per FTE student in kindergarten through grade 5, grades 6 through 8, and grades 9 through 12, respectively. Area allowances shall be determined based on the grade level of a student regardless of the grade configurations used in the school buildings of the district.

The minimum area allowance per FTE student shall be as follows:

Kindergarten through grade 5 125 sq. ft.

Grades 6 through 8 134 sq. ft.

Grades 9 through 12 151 sq. ft.

The commissioner, in consultation with the State Treasurer and the Commissioner of Community Affairs, shall adopt regulations that establish a process for the consideration of special circumstances, in addition to those provided in section 5 of P.L.2010, c.72 (C.18A:7G-5), in which the area allowances per FTE student established pursuant to this subsection may be adjusted. Any decision made by the commissioner pursuant to those regulations shall be made in consultation with the State Treasurer and the Commissioner of Community Affairs.

##### **§ 18A:7G-9** Distribution of State debt service aid. {#sec-18a-7g-9 omnilex-key=us-nj-statutes--title-18a--18A:7G-9}

9. a. State debt service aid for capital investment in school facilities for a district other than an SDA district which elects not to finance the project under section 15 of P.L.2000, c.72 (C.18A:7G-15), shall be distributed upon a determination of preliminary eligible costs by the commissioner, according to the following formula:

Aid is the sum of A for each issuance of school bonds issued for a school facilities project approved by the commissioner after the effective date of P.L.2000, c.72 (C.18A:7G-1 et al.)

where

A = B x AC/P x DAP x M, with AC/P =1

whenever AC/P would otherwise yield a number greater than one, and where:

B is the district's debt service for the individual issuance for the fiscal year;

AC is the preliminary eligible costs determined pursuant to section 7 of P.L.2000, c.72 (C.18A:7G-7);

P is the principal of the individual issuance plus any other funding sources approved for the school facilities project;

DAP is the district's district aid percentage as defined pursuant to section 3 of P.L.2000, c.72 (C.18A:7G-3) and where DAP shall not be less than 40 percent. If the project's design incorporates the implementation of energy efficiency improvements or the installation of energy efficient features or equipment, the DAP shall be increased by no more than five percent. In order to qualify for a DAP increase for the implementation of energy efficiency improvements or the installation of energy efficient features or equipment pursuant to this subsection, a district shall submit to the development authority and Department of Education a certification, along with evidential documentation, attesting that the project's design incorporates the implementation of energy efficiency improvements or the installation of energy efficient features or equipment; and

M is a factor representing the degree to which a district has fulfilled maintenance requirements for a school facilities project determined pursuant to subsection b. of this section.

For county special services school districts, DAP shall be that of the county vocational school district in the same county.

Notwithstanding the provisions of this subsection to the contrary, DAP for a county vocational school district school facilities project that is approved by the commissioner following the effective date of P.L.2009, c.185 shall equal the greater of the district's district aid percentage as defined pursuant to section 3 of P.L.2000, c.72 (C.18A:7G-3) or the percentage of the students in the county vocational school district's resident enrollment who reside in SDA districts; except that DAP shall not be less than 40 percent or greater than 90 percent.

b. The maintenance factor (M) shall be 1.0 except when one of the following conditions applies, in which case the maintenance factor shall be as specified:

(1) Effective ten years from the date of the enactment of P.L.2000, c.72 (C.18A:7G-1 et al.), the maintenance factor for aid for reconstruction, remodeling, alteration, modernization, renovation or repair, or for an addition to a school facility, shall be zero for all school facilities projects for which the district fails to demonstrate over the ten years preceding issuance a net investment in maintenance of the related school facility of at least two percent of the replacement cost of the school facility, determined pursuant to subsection b. of section 7 of P.L.2000, c.72 (C.18A:7G-7) using the area cost allowance of the year ten years preceding the year in which the school bonds are issued.

(2) For new construction, additions, and school facilities aided under subsection b. of section 7 of P.L.2000, c.72 (C.18A:7G-7) supported by financing issued for projects approved by the commissioner after the effective date of P.L.2000, c.72 (C.18A:7G-1 et al.), beginning in the fourth year after occupancy of the school facility, the maintenance factor shall be reduced according to the following schedule for all school facilities projects for which the district fails to demonstrate in the prior fiscal year an investment in maintenance of the related school facility of at least two-tenths of one percent of the replacement cost of the school facility, determined pursuant to subsection b. of section 7 of P.L.2000, c.72 (C.18A:7G-7).

Maintenance Percentage Maintenance Factor (M)

.199% - .151% 75%

.150% - .100% 50%

Less than .100% Zero

(3) Within one year of the enactment of P.L.2000, c.72 (C.18A:7G-1 et al.), the commissioner shall promulgate rules requiring districts to develop a long-range maintenance plan and specifying the expenditures that qualify as an appropriate investment in maintenance for the purposes of this subsection.

c. Any district which obtained approval from the commissioner since September 1, 1998 and prior to the effective date of P.L.2000, c.72 (C.18A:7G-1 et al.) of the educational specifications for a school facilities project or obtained approval from the Department of Community Affairs or the appropriately licensed municipal code official since September 1, 1998 of the final construction plans and specifications, and the district has issued debt, may elect to have the final eligible costs of the project determined pursuant to section 5 of P.L.2000, c.72 (C.18A:7G-5) and to receive debt service aid under this section or under section 10 of P.L.2000, c.72 (C.18A:7G-10).

Any district which received approval from the commissioner for a school facilities project at any time prior to the effective date of P.L.2000, c.72 (C.18A:7G-1 et al.), and has not issued debt, other than short term notes, may submit an application pursuant to section 5 of P.L.2000, c.72 (C.18A:7G-5) to have the final eligible costs of the project determined pursuant to that section and to have the New Jersey Economic Development Authority construct the project; or, at its discretion, the district may choose to receive debt service aid under this section or under section 10 of P.L.2000, c.72 (C.18A:7G-10) or to receive a grant under section 15 of P.L.2000, c.72 (C.18A:7G-15).

For the purposes of this subsection, the "issuance of debt" shall include lease purchase agreements in excess of five years.

d. For school bonds issued for a school facilities project after the effective date of P.L.2000, c.72 (C.18A:7G-1 et al.) and prior to the effective date of P.L.2008, c.39 (C.18A:7G-14.1 et al.), State debt service aid shall be calculated in accordance with the provisions of this section as the same read before the effective date of P.L.2008, c.39 (C.18A:7G-14.1 et al.).

##### **§ 18A:7G-10** Issuance of school bonds, certificates of participation, determination of aid. {#sec-18a-7g-10 omnilex-key=us-nj-statutes--title-18a--18A:7G-10}

10. For each issuance of school bonds or certificates of participation issued for a school facilities project approved by the commissioner prior to the effective date of P.L.2000, c.72 (C.18A:7G-1 et al.):

Aid is the sum of A

where

A = B x EQAID/AB

and where

B is the district's total debt service or lease purchase payment for the individual issuance for the fiscal year;

EQAID is the district's equalization aid amount determined pursuant to section 11 of P.L.2007, c.260 (C.18A:7G-53); and

AB is the district's adequacy budget determined pursuant to section 9 of P.L.2007, c.260 (C.18A:7F-51).

For county special services school districts, EQAID/AB shall be that of the county vocational school district in the same county.

##### **§ 18A:7G-11** Approval of local share of project. {#sec-18a-7g-11 omnilex-key=us-nj-statutes--title-18a--18A:7G-11}

11. A school facilities project shall not be constructed unless the local share of the project, if any, is approved in accordance with the provisions for the approval of capital projects pursuant to N.J.S.18A:22-1 et seq., N.J.S.18A:24-1 et seq. and P.L.1991, c.139 (C.18A:7A-46.1 et seq.), as applicable to the district.

##### **§ 18A:7G-12** Submission of project to commissioner for approval of local share. {#sec-18a-7g-12 omnilex-key=us-nj-statutes--title-18a--18A:7G-12}

12. A district, other than a district under full State intervention, that sought approval pursuant to section 11 of P.L.2000, c.72 (C.18A:7G-11) of a school facilities project without excess costs but failed to receive that approval, and within the three years prior to that, sought and failed to receive approval of that school facilities project with or without excess costs, may submit the project to the commissioner and request that the commissioner approve the project and authorize the issuance of school bonds for the local share of the project. Upon receipt of the request, the commissioner shall review the school facilities project and determine whether the project is necessary for the provision of a thorough and efficient system of education in the district. If the commissioner concludes that the project is necessary, the commissioner may approve the project without excess costs and authorize the issuance of school bonds to fund the local share. In addition to the amount of taxes determined by the legal voters of the district at the annual school election, the secretary of the board of education shall certify the amount required for the repayment of the interest and principal of the bonds required to fund the local share amount approved by the commissioner in the same manner required for interest and debt redemption charges pursuant to N.J.S.18A:22-33, and the amount so certified shall be included in the taxes assessed, levied and collected in the municipality or municipalities comprising the school district for those purposes.

Any school facilities project authorized pursuant to this section shall be undertaken by the development authority in accordance with an agreement between the development authority and the district. Nothing in this section shall preclude a school district under full State intervention from using the process established pursuant to section 2 of P.L.1991, c.139 (C.18A:7A-46.2) to obtain the approval of the commissioner to undertake a school facilities project.

##### **§ 18A:7G-13** Responsibilities of financing authority, development authority. {#sec-18a-7g-13 omnilex-key=us-nj-statutes--title-18a--18A:7G-13}

13. a. The financing authority shall be responsible for the issuance of bonds pursuant to section 14 of P.L.2000, c.72 (C.18A:7G-14) and the development authority shall be responsible for the planning, design, construction management, acquisition, construction, and completion of school facilities projects. In the case of a capital maintenance project, the development authority may, in its discretion, authorize an SDA district to undertake the design, acquisition, construction and all other appropriate actions necessary to complete the capital maintenance project and shall enter into a grant agreement with the district for the payment of the State share. The development authority may also authorize an SDA district to undertake the design, acquisition, construction and all other appropriate actions necessary to complete any other school facilities project in accordance with the procedures established pursuant to subsection e. of this section.

b. The financing authority shall undertake the financing of school facilities projects pursuant to the provisions of this act. The financing authority shall finance the State share of a school facilities project and may, in its discretion and upon consultation with the district, finance the local share of the project. In the event that the financing authority finances only the State share of a project, the development authority shall not commence acquisition or construction of the project until the development authority receives the local share from the district.

c. In order to implement the arrangements established for school facilities projects which are to be constructed by the development authority and financed pursuant to this section, a district shall enter into an agreement with the development authority and the commissioner containing the terms and conditions determined by the parties to be necessary to effectuate the project.

d. Upon completion by the development authority of a school facilities project, the district shall enter into an agreement with the development authority to provide for the maintenance of the project by the district. In the event that the school facilities project is constructed by a district, upon the completion of the project, the district shall submit to the commissioner a plan to provide for the maintenance of the project by the district. Any agreement or plan shall contain, in addition to any other terms and provisions, a requirement for the establishment of a maintenance reserve fund consistent with the appropriation and withdrawal requirements for capital reserve accounts established pursuant to section 57 of P.L.2000, c.72 (C.18A:7G-31), the funding levels of which shall be as set forth in regulations adopted by the commissioner pursuant to section 26 of P.L.2000, c.72 (C.18A:7G-26).

e. (1) Within one year of the effective date of P.L.2007, c.137 (C.52:18A-235 et al.), the commissioner, in consultation with the development authority, shall adopt pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations by which the commissioner shall determine whether an SDA district is eligible to be considered by the development authority to manage a school facilities project or projects. In making the determination, the commissioner shall consider the district's fiscal integrity and operations, the district's performance in each of the five key components of school district effectiveness under the New Jersey Quality Single Accountability Continuum (NJQSAC) in accordance with section 10 of P.L.1975, c.212 (C.18A:7A-10), and other relevant factors.

(2) Within one year of the effective date of P.L.2007, c.137 (C.52:18A-235 et al.), the development authority, in consultation with the commissioner, shall adopt pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations by which the development authority shall determine the capacity of an SDA district, deemed eligible by the commissioner pursuant to paragraph (1) of this subsection, to manage a school facilities project or projects identified by the development authority. In making the determination, the development authority shall consider the experience of the SDA district, the size, complexity, and cost of the project, time constraints, and other relevant factors.

(3) The development authority, in consultation with the commissioner, shall develop and implement training programs, seminars, or symposia to provide technical assistance to SDA districts deemed to lack the capacity to manage a school facility project or projects; except that nothing herein shall be construed to require the development authority or the commissioner to authorize an SDA district to hire additional staff in order to achieve capacity.

(4) If the development authority determines to delegate a school facilities project to an SDA district in accordance with paragraph (2) of this subsection, the development authority, the commissioner, and the district shall enter into a grant agreement. The grant agreement shall, at a minimum, establish a timeline for the completion of the school facilities project, which timeline shall be established based on the scope of the work to be performed.

(5) If the development authority determines to delegate a school facilities project to an SDA district in accordance with paragraph (2) of this subsection, the SDA district shall be deemed to be in noncompliance with the grant agreement entered into pursuant to paragraph (4) of this subsection if the district enters into a contract with a contractor, subcontractor, or consultant which is debarred, suspended, or disqualified from State, development authority, or federal government contracting at the time of the contract award or with a firm which has not been prequalified by the development authority. If the district enters into a contract with a debarred, suspended, or disqualified contractor, subcontractor, or consultant, then the grant agreement shall be rendered null and void.

##### **§ 18A:7G-13.1** Audits conducted of certain projects. {#sec-18a-7g-13.1 omnilex-key=us-nj-statutes--title-18a--18A:7G-13.1}

9. The development authority, in consultation with the State Comptroller, shall cause an audit to be conducted of a school facilities project financed pursuant to P.L.2000, c.72 (C.18A:7G-1 et al.) which has a State share that exceeds $10,000,000. This provision shall not be construed to limit the authority of the development authority or the State Comptroller to conduct audits of other school facilities projects as provided by law.

##### **§ 18A:7G-14** Powers of financing authority; powers of development authority. {#sec-18a-7g-14 omnilex-key=us-nj-statutes--title-18a--18A:7G-14}

14. Notwithstanding any other provisions of law to the contrary:

a. The financing authority shall have the power, pursuant to the provisions of P.L.2000, c.72 (C.18A:7G-1 et al.), P.L.1974, c.80 (C.34:1B-1 et seq.) and P.L.2007, c.137 (C.52:18A-235 et al.), to issue bonds and refunding bonds, incur indebtedness and borrow money secured, in whole or in part, by moneys received pursuant to sections 17, 18, and 19 of P.L.2000, c.72 (C.18A:7G-17, C.18A:7G-18, and C.18A:7G-19) for the purposes of: financing all or a portion of the costs of school facilities projects and any costs related to the issuance thereof, including, but not limited to, the administrative, insurance, operating and other expenses of the financing authority to undertake the financing, and the development authority to undertake the planning, design, and construction of school facilities projects; lending moneys to local units to pay the costs of all or a portion of school facilities projects and any costs related to the issuance thereof; funding the grants to be made pursuant to section 15 of P.L.2000, c.72 (C.18A:7G-15); and financing the acquisition of school facilities projects to permit the refinancing of debt by the district pursuant to section 16 of P.L.2000, c.72 (C.18A:7G-16). Notwithstanding the provisions of this section to the contrary, if financial support is provided to the development authority following a budget request made directly to the Division of Budget and Accounting in the Department of the Treasury for State support pursuant to subsection k. of this section, bonds and refunding bonds, or any indebtedness or other borrowed moneys, secured, in whole or in part, by moneys received pursuant to sections 17, 18, and 19 of P.L.2000, c.72 (C.18A:7G-17, C.18A:7G-18, and C.18A:7G-19) or pursuant to this section after the effective date of P.L.2023, c.311 (C.18A:7G-5b et al.) shall not be issued for the purposes of financing costs related to the issuance of the bonds, indebtedness, or other borrowed moneys, including, but not limited to, the administrative expenses (other than retained professional services related to the issuance of the bonds, indebtedness, or other borrowed moneys), non-project insurance expenses, operating and other expenses of the financing authority to undertake the financing. If financial support is provided to the development authority following a budget request pursuant to subsection k. of this section, bonds, indebtedness, or other borrowed moneys issued pursuant to this section shall also not be issued for the purposes of financing any costs related to the issuance of moneys lent to local units to pay the costs of all or a portion of school facilities projects. The administrative expenses (other than retained professional services related to the issuance of the bonds, indebtedness, or other borrowed moneys), non-project insurance expenses, operating and other expenses of the financing authority related to undertaking the financing of school facilities projects pursuant to this section shall be supported by State appropriations when financial support is made available following a budget request pursuant to subsection k. of this section. The administrative, non-project insurance, operating, and other expenses of the development authority shall be funded by State appropriations pursuant to paragraph (2) of subsection o. of section 4 of P.L.2007, c.137, (C.52:18A-238) when financial support is made available following a budget request pursuant to subsection k. of this section. If financial support is provided to the development authority following a budget request pursuant to subsection k. of this section, bonds and refunding bonds, or any indebtedness or other borrowed moneys issued pursuant to this section after the effective date of P.L.2023, c.311 (C.18A:7G-5b et al.) shall only be issued for the purposes of: financing all or a portion of the costs of school facilities projects; lending moneys to local units to pay the costs of all or a portion of school facilities projects; funding the grants to be made pursuant to section 15 of P.L.2000, c.72 (C.18A:7G-15); financing the acquisition of school facilities projects to permit the refinancing of debt by the district pursuant to section 16 of P.L.2000, c.72 (C.18A:7G-16); and paying for the administrative expenses of the financing authority that are in connection with retained professional services related to the issuance of the bonds, indebtedness, or other borrowed moneys. The aggregate principal amount of the bonds, notes, or other obligations issued by the financing authority as authorized pursuant to P.L.2000, c.72 (C.18A:7G-1 et al.) shall not exceed: $100,000,000 for the State share of costs for county vocational school district school facilities projects; $6,000,000,000 for the State share of costs for Abbott district school facilities projects; and $2,500,000,000 for the State share of costs for school facilities projects in all other districts. The aggregate principal amount of the bonds, notes, or other obligations issued by the financing authority as authorized pursuant to P.L.2008, c.39 (C.18A:7G-14.1 et al.) shall not exceed: $2,900,000,000 for the State share of costs of SDA district school facilities projects and $1,000,000,000 for the State share of costs for school facilities projects in all other districts, $50,000,000 of which shall be allocated for the State share of costs for county vocational school district school facilities projects. This limitation shall not include any bonds, notes, or other obligations issued for refunding purposes.

The financing authority may establish reserve funds to further secure bonds and refunding bonds issued pursuant to this section and may issue bonds to pay for the administrative, insurance, and operating costs of the financing authority and the development authority in carrying out the provisions of this act. Notwithstanding the provisions of this section to the contrary, the proceeds of bonds issued pursuant to this section after the effective date of P.L.2023, c.311 (C.18A:7G-5b et al.) shall not pay for any costs related to the issuance of the bonds, including the administrative expenses (other than retained professional services related to the issuance of the bonds, indebtedness, or other borrowed moneys), non-project insurance, and operating costs of the financing authority and the development authority in carrying out the provisions of P.L.2000, c.72 (C.18A:7G-1 et al.). Such costs of the financing authority shall be supported by State appropriations when financial support is made available following a budget request pursuant to subsection k. of this section. Such costs of the development authority shall be funded by State appropriations pursuant to paragraph (2) of subsection o. of section 4 of P.L.2007, c.137, (C.52:18A-238) when financial support is made available following a budget request pursuant to subsection k. of this section. In addition to its bonds and refunding bonds, the financing authority shall have the power to issue subordinated indebtedness, which shall be subordinate in lien to the lien of any or all of its bonds or refunding bonds as the financing authority may determine.

b. The financing authority shall issue the bonds or refunding bonds in such manner as it shall determine in accordance with the provisions of P.L.2000, c.72 (C.18A:7G-1 et al.), P.L.1974, c.80 (C.34:1B-1 et seq.), and P.L.2007, c.137 (C.52:18A-235 et al.); provided that notwithstanding any other law to the contrary, no resolution adopted by the financing authority authorizing the issuance of bonds or refunding bonds pursuant to this section shall be adopted or otherwise made effective without the approval in writing of the State Treasurer; and refunding bonds issued to refund bonds issued pursuant to this section shall be issued on such terms and conditions as may be determined by the financing authority and the State Treasurer. The financing authority may, in any resolution authorizing the issuance of bonds or refunding bonds issued pursuant to this section, pledge the contract with the State Treasurer provided for pursuant to section 18 of P.L.2000, c.72 (C.18A:7G-18), or any part thereof, or may pledge all or any part of the repayments of loans made to local units pursuant to section 19 of P.L.2000, c.72 (C.18A:7G-19) for the payment or redemption of the bonds or refunding bonds, and covenant as to the use and disposition of money available to the financing authority for payment of the bonds and refunding bonds. All costs associated with the issuance of bonds and refunding bonds by the financing authority for the purposes set forth in this act may be paid by the financing authority from amounts it receives from the proceeds of the bonds or refunding bonds, and from amounts it receives pursuant to sections 17, 18, and 19 of P.L.2000, c.72 (C.18A:7G-17, C.18A:7G-18 and C.18A:7G-19). The costs may include, but shall not be limited to, any costs relating to the issuance of the bonds or refunding bonds, administrative costs of the financing authority attributable to the making and administering of loans and grants to fund school facilities projects, and costs attributable to the agreements entered into pursuant to subsection d. of this section. Notwithstanding the provisions of this section to the contrary, if financial support is provided to the development authority following a budget request made directly to the Division of Budget and Accounting in the Department of the Treasury for State support pursuant to subsection k. of this section, the proceeds of bonds and refunding bonds that are issued pursuant to this section after the effective date of P.L.2023, c.311 (C.18A:7G-5b et al.) shall not pay for the administrative costs of the financing authority associated with the issuance of the bonds and refunding bonds, including, but not limited to, administrative costs (other than retained professional services related to the issuance of the bonds, indebtedness, or other borrowed moneys) of the financing authority attributable to the making and administering of loans and grants to fund school facilities projects and costs attributable to the agreements entered into pursuant to subsection d. of this section. Such costs of the financing authority shall be supported by State appropriations when financial support is made available following a budget request pursuant to subsection k. of this section.

c. Each issue of bonds or refunding bonds of the financing authority shall be special obligations of the financing authority payable out of particular revenues, receipts or funds, subject only to any agreements with the holders of bonds or refunding bonds, and may be secured by other sources of revenue, including, but not limited to, one or more of the following:

(1) Pledge of the revenues and other receipts to be derived from the payment of local unit obligations and any other payment made to the financing authority pursuant to agreements with any local unit, or a pledge or assignment of any local unit obligations, and the rights and interest of the financing authority therein;

(2) Pledge of rentals, receipts and other revenues to be derived from leases or other contractual arrangements with any person or entity, public or private, including one or more local units, or a pledge or assignment of those leases or other contractual arrangements and the rights and interests of the financing authority therein;

(3) Pledge of all moneys, funds, accounts, securities and other funds, including the proceeds of the bonds;

(4) Pledge of the receipts to be derived from payments of State aid to the financing authority pursuant to section 21 of P.L.2000, c.72 (C.18A:7G-21);

(5) Pledge of the contract or contracts with the State Treasurer pursuant to section 18 of P.L.2000, c.72 (C.18A:7G-18);

(6) Pledge of any sums remitted to the local unit by donation from any person or entity, public or private, subject to the approval of the State Treasurer;

(7) A mortgage on all or any part of the property, real or personal, comprising a school facilities project then owned or thereafter to be acquired, or a pledge or assignment of mortgages made to the financing authority by any person or entity, public or private, including one or more local units and rights and interests of the financing authority therein; and

(8) The receipt of any grants, reimbursements or other payments from the federal government.

d. The resolution authorizing the issuance of bonds or refunding bonds pursuant to this section may also provide for the financing authority to enter into any revolving credit agreement, agreement establishing a line of credit or letter of credit, reimbursement agreement, interest rate exchange agreement, currency exchange agreement, interest rate floor or cap, options, puts or calls to hedge payment, currency, rate, spread or similar exposure or similar agreements, float agreements, forward agreements, insurance contracts, surety bonds, commitments to purchase or sell bonds, purchase or sale agreements, or commitments or other contracts or agreements and other security agreements approved by the financing authority in connection with the issuance of the bonds or refunding bonds pursuant to this section. In addition, the financing authority may, in anticipation of the issuance of the bonds or the receipt of appropriations, grants, reimbursements or other funds, including, without limitation, grants from the federal government for school facilities projects, issue notes, the principal of or interest on which, or both, shall be payable out of the proceeds of notes, bonds or other obligations of the financing authority or appropriations, grants, reimbursements or other funds or revenues of the financing authority.

e. The financing authority is authorized to engage, subject to the approval of the State Treasurer and in such manner as the State Treasurer shall determine, the services of financial advisors and experts, placement agents, underwriters, appraisers, and other advisors, consultants and agents as may be necessary to effectuate the financing of school facilities projects.

f. Bonds and refunding bonds issued by the financing authority pursuant to this section shall be special and limited obligations of the financing authority payable from, and secured by, funds and moneys determined by the financing authority in accordance with this section. Notwithstanding any other provision of law or agreement to the contrary, any bonds and refunding bonds issued by the financing authority pursuant to this section shall not be secured by the same property as bonds and refunding bonds issued by the financing authority to finance projects other than school facilities projects. Neither the members of the financing authority nor any other person executing the bonds or refunding bonds shall be personally liable with respect to payment of interest and principal on these bonds or refunding bonds. Bonds or refunding bonds issued pursuant to this section shall not be a debt or liability of the State or any agency or instrumentality thereof, except as otherwise provided by this subsection, either legal, moral or otherwise, and nothing contained in this act shall be construed to authorize the financing authority to incur any indebtedness on behalf of or in any way to obligate the State or any political subdivision thereof, and all bonds and refunding bonds issued by the financing authority shall contain a statement to that effect on their face.

g. The State hereby pledges and covenants with the holders of any bonds or refunding bonds issued pursuant to this act that it will not limit or alter the rights or powers vested in the financing authority by this act, nor limit or alter the rights or powers of the State Treasurer in any manner which would jeopardize the interest of the holders or any trustee of the holders, or inhibit or prevent performance or fulfillment by the financing authority or the State Treasurer with respect to the terms of any agreement made with the holders of the bonds or refunding bonds or agreements made pursuant to subsection d. of this section; except that the failure of the Legislature to appropriate moneys for any purpose of this act shall not be deemed a violation of this section.

h. The financing authority and the development authority may charge to and collect from local units, districts, the State and any other person, any fees and charges in connection with the financing authority's or development authority's actions undertaken with respect to school facilities projects, including, but not limited to, fees and charges for the financing authority's administrative, organization, insurance, operating and other expenses incident to the financing of school facilities projects, and the development authority's administrative, organization, insurance, operating, planning, design, construction management, acquisition, construction, completion and placing into service and maintenance of school facilities projects. Notwithstanding any provision of this act to the contrary, no SDA district shall be responsible for the payment of any fees and charges related to the development authority's operating expenses.

i. Upon the issuance by the financing authority of bonds pursuant to this section, other than refunding bonds, the net proceeds of the bonds shall be transferred to the development authority. The development authority shall establish three funds in which the net proceeds of the bonds issued pursuant to this section, and any State appropriations for school facilities projects, shall be deposited. The three funds shall be as follows:

(1) the SDA District Project Fund, in which shall be deposited any funds made available for the State share of costs for SDA district school facilities projects, which funds shall include, but not be limited to, the proceeds of bonds issued pursuant to subsection a. of this section for the State share of costs for SDA district school facilities projects, the proceeds of any general obligation or other bonds that may be authorized for SDA district school facilities projects, and any State appropriations for SDA district school facilities projects;

(2) the Regular Operating District Construction and Maintenance Grants Fund, in which shall be deposited any funds made available for the State share of costs for school facilities projects in districts other than SDA districts, which funds shall include, but not be limited to, the proceeds of bonds issued pursuant to subsection a. of this section for the State share of costs for school facilities projects in districts other than SDA districts, the proceeds of any general obligation or other bonds that may be authorized for school facilities projects in districts other than SDA districts, and any State appropriations for school facilities projects in districts other than SDA districts; and

(3) (a) the SDA District Emergent Project Fund, in which shall be deposited any funds made available for emergent projects in SDA districts under the "Emergent Condition Remediation Program" established pursuant to section 20 of P.L.2023, c.311 (C.18A:7G-47.1), which funds shall include, but not be limited to, the proceeds of bonds issued pursuant to subsection a. of this section for the State share of costs for SDA district emergent projects, the proceeds of any general obligation or other bonds that may be authorized for SDA district emergent projects, and any State appropriations for SDA district emergent projects;

(b) as used in this paragraph, "emergent project" means a school facilities project or other capital project eligible for State funding that would alleviate a condition that, if not corrected on an expedited basis, would render a building or facility so potentially injurious or hazardous that it causes an imminent peril to the health and safety of students or staff.

j. In the event that the annual appropriations act provides for direct funding for school facilities projects, or in the event that a separate act appropriates direct funding of school facilities projects from the "New Jersey Debt Defeasance and Prevention Fund" established pursuant to section 1 of P.L.2021 c.125 (C.52:9H-2.2), no less than 70 percent of the direct funding shall be appropriated to the SDA District Project Fund and the SDA District Emergent Project Fund. The remaining funds for school facilities projects shall be disbursed to the Regular Operating District Construction and Maintenance Grants Fund.

k. In the event that the financing authority issues bonds or incurs indebtedness pursuant to this section for the purpose of financing all or a portion of the costs of school facilities projects and for the purpose of providing funding to the development authority to undertake school facilities projects, the development authority may submit a budget request directly to the Division of Budget and Accounting in the Department of the Treasury, for State support to provide supplemental financing for the development authority's operations in carrying out the provisions of P.L.2000, c.72 (C.18A:7G-1 et al.).

##### **§ 18A:7G-14.1** Priority for projects of certain county vocational school districts. {#sec-18a-7g-14.1 omnilex-key=us-nj-statutes--title-18a--18A:7G-14.1}

8. The school facilities projects of a county vocational school district that did not receive State support for its projects from the $100,000,000 of bond proceeds originally allocated for the State share of county vocational school district school facilities projects pursuant to section 14 of P.L.2000, c.72 (C.18A:7G-14) shall receive priority in the allocation of the bond proceeds authorized for the State share of county vocational school district school facilities projects pursuant to P.L.2008, c.39 (C.18A:7G-14.1 et al.) provided that the county vocational school district demonstrates to the commissioner the need for the school facilities projects.

##### **§ 18A:7G-15** Election by district to receive one-time grant for State share. {#sec-18a-7g-15 omnilex-key=us-nj-statutes--title-18a--18A:7G-15}

15. a. In the case of a district other than an SDA district, for any project approved by the commissioner after the effective date of P.L.2000, c.72 (C.18A:7G-1 et al.), the district may elect to receive a one-time grant for the State share of the project in accordance with the provisions of subsection b. of this section rather than annual debt service aid under section 9 of P.L.2000, c.72 (C.18A:7G-9). The State share payable to the district shall equal the product of the project's final eligible costs and the district aid percentage or 40 percent, whichever is greater. If the project's design incorporates the implementation of energy efficiency improvements or the installation of energy efficient features or equipment, the district aid percentage shall be increased by no more than five percent. In order to qualify for a district aid percentage increase for the implementation of energy efficiency improvements or the installation of energy efficient features or equipment pursuant to this subsection, a district shall submit to the development authority and Department of Education a certification, along with evidential documentation, attesting that the project's design incorporates the implementation of energy efficiency improvements or the installation of energy efficient features or equipment.

b. The commissioner shall establish a process for the annual allocation of grant funding. Under that process, the commissioner shall annually notify districts of the date on which the commissioner shall begin to receive applications for grant funding. A district shall have 90 days from that date to submit an application to the commissioner. The commissioner shall make a decision on a district's application within 90 days of the submission of all such applications and shall allocate the grant funding in accordance with the priority process established pursuant to paragraph (4) of subsection m. of section 5 of P.L.2000, c.72 (C.18A:7G-5).

c. The development authority shall provide grant funding for the State's share of the final eligible costs of a school facilities project pursuant to an agreement between the district and the development authority which shall, in addition to other terms and conditions, set forth the terms of disbursement of the State share. The funding of the State share shall not commence until the district secures financing for the local share.

##### **§ 18A:7G-15.1** Rules, regulations. {#sec-18a-7g-15.1 omnilex-key=us-nj-statutes--title-18a--18A:7G-15.1}

11. Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the commissioner may adopt, immediately upon filing with the Office of Administrative Law, such rules and regulations as the commissioner deems necessary to implement the process for the allocation of grant funding as established pursuant to subsection b. of section 15 of P.L.2000, c.72 (C.18A:7G-15) which shall be effective for a period not to exceed 12 months. The regulations shall thereafter be amended, adopted, or readopted by the State Board of Education in accordance with the provisions of P.L.1968, c.410 (C.52:14B-1 et seq.).

##### **§ 18A:7G-15.1a** School facilities projects, sell bonds, without voter approval, requirements. {#sec-18a-7g-15.1a omnilex-key=us-nj-statutes--title-18a--18A:7G-15.1a}

7. a. Notwithstanding any provision of law to the contrary, when the board of education of a district determines that it is not financing a school facilities project under section 15 of P.L.2000, c.72 (C.18A:7G-15) and that it is necessary to sell bonds to raise money for the total costs of a school facilities project, the board of education may issue such bonds as are necessary to fund the project without the approval of the voters of the district, provided that before issuing the bonds:

(1) the board of education has entered into a written contract with one or more municipalities, wherein the municipality shall annually remit to the board of education a portion of the payments in lieu of taxes received by the municipality from one or more designated properties, which portion shall be sufficient for the repayment of the amount of debt service on the school facilities project bonds that remains after the application of any State debt service aid paid on the bonds in accordance with the formula established under section 9 of P.L.2000, c.72 (C.18A:7G-9), and the board of education shall pledge all remittances to the repayment of the bonds; and

(2) the bond issuance and contract has been approved by the Local Finance Board pursuant to subsection b. of this section and the commissioner pursuant to subsection c. of this section.

b. A municipality intending to enter into a contract to pledge a portion of the payments in lieu of taxes received by the municipality from one or more designated properties pursuant to this section shall obtain the approval of the Local Finance Board prior to the adoption of an ordinance or resolution, as applicable, authorizing the municipality to enter into the contract. The board shall be entitled to receive from the applicant an amount sufficient to provide for all reasonable professional and other fees and expenses incurred by it for the review, analysis, and determination with respect thereto. As part of the board's review and approval, the board shall consider whether the proposed contract will adversely impact the financial stability of the municipality.

c. (1) If a board of education elects to issue bonds pursuant to this section, the board of education shall apply to the commissioner for approval of the bond issuance. The commissioner shall be entitled to receive from the applicant an amount sufficient to provide for all reasonable professional and other fees and expenses incurred for the review, analysis, and determination with respect thereto. In addition to any other information that the commissioner may deem appropriate, the application shall include: a description of the school facilities project; a certification of the amount to be raised by the bonds; a description of the anticipated annual debt service costs, including the amounts to be supported by municipal remittances; and a copy of the contract.

(2) Within 30 days of receiving the application, the commissioner shall approve, conditionally approve, or reject the application. If the application is conditionally approved, the commissioner shall state, in writing, the revisions that shall be made to the contract in order for the application to be approved. If the commissioner does not approve, conditionally approve, or reject the application within 30 days of the date of receipt, the commissioner shall be deemed to have approved the application.

d. Any debt service on a bond issued by a school district pursuant to this section shall be eligible for State debt service aid in accordance with the formula established under section 9 of P.L.2000, c.72 (C.18A:7G-9).

e. The commissioner, in consultation with the Local Finance Board, and the Local Finance Board, in consultation with the commissioner, shall promulgate, pursuant to "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to implement the provisions of this section. At a minimum, the rules and regulations shall establish requirements and procedures concerning the process by which municipalities and districts may enter into contracts pursuant to this section.

##### **§ 18A:7G-15.2** Use of certain funds to improve school security. {#sec-18a-7g-15.2 omnilex-key=us-nj-statutes--title-18a--18A:7G-15.2}

2. Notwithstanding the provisions of subsection a. of section 14 of P.L.2000, c.72 (C.18A:7G-14) to the contrary, the proceeds of bonds authorized to be issued to fund the State share of the costs of SDA district school facilities projects or the State share of the costs of school facilities projects in all other districts, including county vocational school districts, may be used to fund the cost of a school facilities project designed to improve school security.

##### **§ 18A:7G-16** Additional powers, duties of financing authority. {#sec-18a-7g-16 omnilex-key=us-nj-statutes--title-18a--18A:7G-16}

16. In addition to the other powers and duties which have been granted to the financing authority, whenever any local unit finances the construction or acquisition of a school facilities project which would otherwise qualify under this act except that the debt was issued prior to the effective date of this act, the financing authority may refinance the debt issued by the local unit through the issuance of bonds secured by repayments of loans made to the local units and may purchase the work or improvement and lease the same to the district, subject to the approval of the State Treasurer; except that the amount of the purchase price for a school facilities project shall not exceed the original cost. Each loan to a local unit pursuant to this section shall be evidenced by local unit obligations and shall be authorized and issued as provided by law. Notwithstanding the provisions of any law to the contrary, the local unit obligations may be sold at private sale to the financing authority at any price, whether or not less than par value, and shall be subject to redemption prior to maturity at any times and at any prices as the financing authority and the local unit may agree. All powers, rights, obligations and duties granted to or imposed upon the financing authority, districts, State departments and agencies or others by this act in respect to school facilities projects shall apply to the same extent with respect to any refinance of debt pursuant to this section; except that any action otherwise required to be taken at a particular time in the implementation of a school facilities project may, when the circumstances require in connection with a refinance of debt pursuant to this section, be taken with the same effect as if taken at that particular time. Upon repayment of the bonds or provision for repayment of bonds issued by the financing authority to refinance the debt of the local unit, the school facilities project shall be transferred to the district.

##### **§ 18A:7G-17** Annual payment to financing authority by State. {#sec-18a-7g-17 omnilex-key=us-nj-statutes--title-18a--18A:7G-17}

17. In each fiscal year the State Treasurer shall pay from the General Fund to the financing authority, in accordance with a contract between the State Treasurer and the financing authority as authorized pursuant to section 18 of P.L.2000, c.72 (C.18A:7G-18), an amount equal to the debt service amount due to be paid in the State fiscal year on the bonds or refunding bonds of the financing authority issued or incurred pursuant to section 14 of P.L.2000, c.72 (C.18A:7G-14) and any additional costs authorized pursuant to that section; provided that all such payments from the General Fund shall be subject to and dependent upon appropriations being made from time to time by the Legislature for those purposes, and provided further that all payments shall be used only to pay for the costs of school facilities projects and the costs of financing those projects.

In regard to the increase in the amount of bonds authorized to be issued by the financing authority pursuant to P.L.2008, c.39 for the State share of costs for school facilities projects, debt service on the bonds or refunding bonds issued or incurred by the financing authority pursuant to section 14 of P.L.2000, c.72 (C.18A:7G-14) and any additional costs authorized pursuant to that section shall first be payable from revenues received from the gross income tax pursuant to the "New Jersey Gross Income Tax Act," P.L.1976, c.47 (C.54A:1-1 et seq.), except for debt service and additional costs for the administrative, insurance, operating, and other expenses of the financing authority and the development authority incurred in connection with school facilities projects.

##### **§ 18A:7G-18** Financing authority to enter into contracts for State payments. {#sec-18a-7g-18 omnilex-key=us-nj-statutes--title-18a--18A:7G-18}

18. The State Treasurer and the financing authority are authorized to enter into one or more contracts to implement the payment arrangement provided for in section 17 of P.L.2000, c.72 (C.18A:7G-17). The contract shall provide for payment by the State Treasurer of the amounts required pursuant to section 17 of P.L.2000, c.72 (C.18A:7G-17) and shall set forth the procedure for the transfer of moneys for the purpose of that payment. The contract shall contain terms and conditions as determined by the parties and shall, where appropriate, contain terms and conditions necessary and desirable to secure any bonds or refunding bonds of the financing authority issued or incurred pursuant to this act; provided that notwithstanding any other provision of law or regulation of the financing authority to the contrary, the financing authority shall be paid only such funds as shall be determined by the contract, and the incurrence of any obligation of the State under the contract, including any payments to be made thereunder from the General Fund, shall be subject to and dependent upon appropriations being made from time to time by the Legislature for the purposes of this act.

##### **§ 18A:7G-19** Loans to local units. {#sec-18a-7g-19 omnilex-key=us-nj-statutes--title-18a--18A:7G-19}

19. a. The financing authority may make and contract to make loans to local units in accordance with and subject to the provisions of this act to finance all or any portion of the cost of a school facilities project which the local unit may lawfully undertake or acquire and for which the local unit is authorized by law to borrow money; or to refund obligations of the local unit which were issued to provide funds to pay for the cost of a school facilities project. The loans may be made subject to the terms and conditions the financing authority determines to be consistent with the purposes of this act. Each loan by the financing authority and the terms and conditions thereof shall be subject to approval by the State Treasurer.

b. Each loan to a local unit shall be evidenced by local unit obligations and shall be authorized and issued as provided by law. Notwithstanding the provisions of any other law to the contrary, the local unit obligations may be sold at private sale to the financing authority at any price, whether or not less than par value, and shall be subject to redemption prior to maturity at any times and at any prices as the financing authority and the local unit may agree. Each loan to a local unit and the local unit obligations issued to evidence the loan shall bear interest at a rate or rates per annum, including zero interest, and shall be repaid in whole or in part, as the financing authority and the local unit may agree, with the approval of the State Treasurer.

##### **§ 18A:7G-20** Acquisition of school facilities by local unit. {#sec-18a-7g-20 omnilex-key=us-nj-statutes--title-18a--18A:7G-20}

20. A local unit may purchase, lease, rent, sublease or otherwise acquire any school facilities project or any space within a project and pay the amounts as may be agreed upon between the local unit and the development authority as the purchase price, rent or other charge therefor; provided that the terms and conditions of the agreement between the development authority and the local unit relating to the purchase, lease, rental or sublease shall be subject to the approval of the State Treasurer.

##### **§ 18A:7G-21** Payment to financing, development authority to cover deficiency. {#sec-18a-7g-21 omnilex-key=us-nj-statutes--title-18a--18A:7G-21}

21. a. In the event that a local unit has failed or is unable to pay to the financing authority or the development authority in full when due any local unit obligations issued by the local unit to the financing authority, including, but not limited to, any lease or sublease obligations, or any other moneys owed by the district to the financing authority, to assure the continued operation and solvency of the authority, the State Treasurer shall pay directly to the financing authority an amount sufficient to satisfy the deficiency from State aid payable to the local unit; provided that if the local unit is a school district, the State aid shall not include any State aid which may otherwise be restricted pursuant to the provisions of P.L.2007, c.260 (C.18A:7F-43 et al.). As used in this section, local unit obligations include the principal or interest on local unit obligations or payment pursuant to a lease or sublease of a school facilities project to a local unit, including the subrogation of the financing authority to the right of the holders of those obligations, any fees or charges payable to the financing authority, and any amounts payable by a local unit under a service contract or other contractual arrangement the payments under which are pledged to secure any local unit obligations issued to the financing authority by another local unit.

b. If the financing authority requires, and if there has been a failure or inability of a local unit to pay its local unit obligations to the financing authority for a period of 30 days, the chairman or the executive director of the financing authority shall certify to the State Treasurer, with written notice to the fiscal officer of the local unit, the amount remaining unpaid, and the State Treasurer shall pay that amount to the financing authority; or if the right to receive those payments has been pledged or assigned to a trustee for the benefit of the holders of bonds or refunding bonds of the financing authority, to that trustee, out of the State aid payable to the local unit, until the amount so certified has been paid. Notwithstanding any provision of this act to the contrary, the State Treasurer's obligation to pay the financing authority pursuant to this section shall not extend beyond the amount of State aid payable to the local unit.

c. The amount paid to the financing authority pursuant to this section shall be deducted from the appropriation or apportionment of State aid payable to the local unit and shall not obligate the State to make, nor entitle the local unit to receive, any additional appropriation or apportionment. The obligation of the State Treasurer to make payments to the financing authority or trustee and the right of the financing authority or trustee to receive those payments shall be subject and subordinate to the rights of holders of qualified bonds issued prior to the effective date of this act pursuant to P.L.1976, c.38 (C.40A:3-1 et seq.) and P.L.1976, c.39 (C.18A:24-85 et seq.).

##### **§ 18A:7G-22** Powers of financing and development authorities relative to acceptance and use of funds. {#sec-18a-7g-22 omnilex-key=us-nj-statutes--title-18a--18A:7G-22}

22. a. The financing authority and the development authority shall have the power to accept and use any funds appropriated and paid by the State to the financing authority and the development authority for the purposes for which the appropriations are made. The financing authority and the development authority shall have the power to apply for and receive and accept appropriations or grants of property, money, services or reimbursements for money previously spent and other assistance offered or made available to it by or from any person, government agency, public authority or any public or private entity whatever for any lawful corporate purpose of the financing authority or the development authority, including, without limitation, grants, appropriations or reimbursements from the federal government, and to apply and negotiate for the same upon such terms and conditions as may be required by any person, government agency, authority or entity as the financing authority or the development authority may determine to be necessary, convenient or desirable.

b. The development authority and the State Treasurer may establish a financial incentive program for the purpose of promoting donations to school facilities projects. Any entity which makes a donation approved by the State Treasurer to the preliminary eligible costs of a school facilities project shall receive an incentive payment pursuant to the provisions of this subsection. The amount of the incentive payment shall equal 50% of the fair market value of the donation but shall not in any one year exceed one-half of the amount of taxes paid or otherwise due from the donor pursuant to the provisions of the "New Jersey Gross Income Tax Act," P.L.1976, c.47 (C.54A:1-1 et seq.), or the "Corporation Business Tax Act," P.L.1945, c.162 (C.54:10A-1 et seq.), as applicable, for the tax year in which the donation is made. The fair market value of a non-cash donation shall be determined by the State Treasurer. The carry-forward for incentive payments shall not be inconsistent with that allowed by P.L.1976, c.47 (C.54A:1-1 et seq.) in the case of a donation by an individual, or P.L.1945, c.162 (C.54:10A-1 et seq.) in the case of a donation by a corporation.

All incentive payments made pursuant to this section shall be funded by and shall be subject to annual appropriations for this purpose, and shall in no way rely upon funds raised by the issuance of bonds for school facilities projects.

##### **§ 18A:7G-23** Prevailing wage rates on construction contracts. {#sec-18a-7g-23 omnilex-key=us-nj-statutes--title-18a--18A:7G-23}

23. a. Not less than the prevailing wage rate determined by the Commissioner of Labor and Workforce Development pursuant to the provisions of P.L.1963, c.150 (C.34:11-56.25 et seq.) shall be paid to workers employed in the performance of construction contracts in connection with any school facilities project that is undertaken by the development authority, a redevelopment entity, a district, a charter school or renaissance school project, a county improvement authority, or a private entity, when the private entity is undertaking construction on a school facilities project under a public-private partnership, and any contractor who violates the provisions of this subsection shall be prohibited from subsequently bidding on any State or district contract.

b. Registration fees collected pursuant to P.L.1999, c.238 (C.34:11-56.48 et seq.) shall be applied toward the enforcement and administrative costs of the Division of Workplace Standards, Office of Wage and Hour Compliance, Public Contracts section and Registration section within the Department of Labor and Workforce Development.

##### **§ 18A:7G-23.1** "Office of Contracting Accountability" established. {#sec-18a-7g-23.1 omnilex-key=us-nj-statutes--title-18a--18A:7G-23.1}

12. There is hereby created within the development authority an Office of Contracting Accountability. The office shall, in consultation with the Department of Labor and Workforce Development, ensure the compliance in the payment of no less than the prevailing wage rate determined by the Commissioner of Labor and Workforce Development pursuant to the provisions of P.L.1963, c.150 (C.34:11-56.25 et seq.), as well as with all other applicable State wage and hour laws and regulations, by contractors selected for a school facilities project undertaken by the development authority or by an SDA district that has been delegated management of the project by the development authority. The office shall collect and review all certified payrolls for work on school facilities projects undertaken by the development authority or by an SDA district that has been delegated management of the project by the development authority and shall conduct at least one worksite inspection per project on a quarterly basis. Violations of State wage and hour law requirements shall be reflected in the mandatory uniform performance evaluation of contractors, as required pursuant to section 62 of P.L.2000, c.72 (C.18A:7G-36). Violations of wage and hour requirements shall constitute grounds for the development authority to revoke prequalification from a contractor, which prequalification is granted pursuant to the process established by the development authority pursuant to section 59 of P.L.2000, c.72 (C.18A:7G-33).

##### **§ 18A:7G-24** Biannual report on school facilities construction program. {#sec-18a-7g-24 omnilex-key=us-nj-statutes--title-18a--18A:7G-24}

24. The development authority, in consultation with the State Treasurer, the financing authority, and the commissioner, shall biannually submit to the Governor, the Joint Budget Oversight Committee, the President of the Senate and the Speaker of the General Assembly a report on the school facilities construction program established pursuant to the provisions of this act. The report shall be submitted no later than June 1 and December 1 of each year and shall include, but not be limited to, the following information for the prior six-month period: the number of school facilities projects approved by the commissioner pursuant to section 5 of P.L.2000, c.72 (C.18A:7G-5); the number of projects undertaken and funded by the development authority; the information on construction contracts required to be compiled pursuant to section 1 of P.L.2010, c.96 (C.18A:7G-24.1); the aggregate principal amount of bonds, notes or other obligations issued by the financing authority for the State share of construction and renovation of school facilities and whether there is a need to adjust the aggregate principal amount of bonds, notes or other obligations authorized for issuance pursuant to subsection a. of section 14 of P.L.2000, c.72 (C.18A:7G-14); the number of approved projects which exceeded the facilities efficiency standards, the components of those projects which exceeded the standards, and the amount of construction by individual districts and Statewide estimated to have exceeded the standards; and recommendations for changes in the school facilities construction program established pursuant to this act which have been formulated as a result of its experience with the program or through collaboration with program stakeholders.

In addition, the biannual report shall include a comparison of the costs of school facilities projects undertaken and funded by the development authority to similar school facilities projects constructed in the New York City Metropolitan Statistical Area and the Philadelphia Metropolitan Statistical Area as defined by the United States Department of Labor. The development authority shall include in the report an explanation of the methodology used in making the comparison.

##### **§ 18A:7G-24.1** Information submitted by the New Jersey Schools Development Authority. {#sec-18a-7g-24.1 omnilex-key=us-nj-statutes--title-18a--18A:7G-24.1}

1. Notwithstanding any provision of law, rule, or regulation to the contrary, the New Jersey Schools Development Authority established pursuant to section 3 of P.L.2007, c.137 (C.52:18A-237), shall biannually compile information for inclusion in the biannual report required to be submitted by the development authority pursuant to section 24 of P.L.2000, c.72 (C.18A:7G-24) on the number of school facilities project construction contracts entered into between the development authority and minority and women contractors during the prior six-month period covered in the report. The information shall include the total value of the contracts and the percentage that those contracts represent of all school facilities project contracts entered into between the development authority and contractors in the prior six-month period.

##### **§ 18A:7G-25** Appropriation of unexpended balance. {#sec-18a-7g-25 omnilex-key=us-nj-statutes--title-18a--18A:7G-25}

25. Notwithstanding the provisions of the annual appropriations act to the contrary concerning the conditions on the appropriation and reappropriation of the balance in the School Construction and Renovation Fund, the unexpended balance in the School Construction and Renovation Fund on the effective date of this act is appropriated to the authority to be used to pay for school facilities projects and the administrative, insurance, and other operating costs of the authority incurred in connection with school facilities projects. In addition, there is appropriated from the General Fund to the Department of Law and Public Safety, Office of the Attorney General, an amount not to exceed $1,000,000, subject to the approval of the Director of the Division of Budget and Accounting in the Department of the Treasury, for the Unit of Fiscal Integrity in School Construction, established pursuant to section 70 of this act, and any additional amounts as may be required by the unit, subject to the approval of the Director of the Division of Budget and Accounting and the Joint Budget Oversight Committee.

##### **§ 18A:7G-26** Rules, regulations. {#sec-18a-7g-26 omnilex-key=us-nj-statutes--title-18a--18A:7G-26}

26. a. The commissioner shall 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 sections 1 through 12 and 57 and 58 and 64 of P.L.2000, c.72 (C.18A:7G-1 et al.) and P.L.2007, c.137 (C.52:18A-235 et al.); except that notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the commissioner may adopt, immediately upon filing with the Office of Administrative Law, such rules and regulations as the commissioner deems necessary to implement the provisions of sections 1 through 12 and 57 and 58 and 64 of this act which shall be effective for a period not to exceed 12 months. Determinations made by the commissioner pursuant to this act and the rules and regulations adopted by the commissioner to implement this act shall be considered to be final agency action and appeal of that action shall be directly to the Appellate Division of the Superior Court. The regulations shall thereafter be amended, adopted or re-adopted by the State Board of Education in accordance with the provisions of P.L.1968, c.410 (C.52:14B-1 et seq.).

b. The development authority shall 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 P.L.2000, c.72 (C.18A:7G-1 et al.) and P.L.2007, c.137 (C.52:18A-235 et al.) that apply to the development authority; except that notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the development authority may adopt immediately upon filing with the Office of Administrative Law, such rules and regulations as the development authority deems necessary which shall be effective for a period not to exceed 12 months and shall thereafter be amended, adopted or re-adopted by the authority, in accordance with the provisions of P.L.1968, c.410 (C.52:14B-1 et seq.).

The rules and regulations promulgated by the New Jersey Schools Construction Corporation pursuant to the provisions of P.L.2000, c.72 (C.18A:7G-1 et al.) shall remain in full force and effect unless subsequently revised by the development authority following the enactment of P.L.2007, c.137 (C.52:18A-235 et al.).

c. Any regulations adopted to implement this act shall include provisions to ensure that all programs necessary to comply with Abbott v. Burke, 153 N.J. 480 (1998) (Abbott V), are approved.

##### **§ 18A:7G-27** Development or financing authority property exempt from levy, sale. {#sec-18a-7g-27 omnilex-key=us-nj-statutes--title-18a--18A:7G-27}

27. All property of the development authority and the financing authority shall be exempt from levy and sale by virtue of an execution and no execution or other judicial process shall issue against the same nor shall any judgment against the development authority or the financing authority be a charge or lien upon its property; provided that nothing herein contained shall apply to or limit the rights of the holder of any bonds, notes or other obligations to pursue any remedy for the enforcement of any pledge or lien given by the development authority or the financing authority on or with respect to any project, school facilities project, or any revenues or other moneys.

##### **§ 18A:7G-28** Severability. {#sec-18a-7g-28 omnilex-key=us-nj-statutes--title-18a--18A:7G-28}

28. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which the judgment shall have been rendered.

##### **§ 18A:7G-29** Liberal construction. {#sec-18a-7g-29 omnilex-key=us-nj-statutes--title-18a--18A:7G-29}

29. This act shall be construed liberally to effectuate the legislative intent and the purposes of this act as complete and independent authority for the performance of each act and thing herein authorized and all powers herein granted shall be broadly interpreted to effectuate the intent and purposes and not as a limitation of powers.

##### **§ 18A:7G-30** Annual appropriation from tobacco settlement. {#sec-18a-7g-30 omnilex-key=us-nj-statutes--title-18a--18A:7G-30}

30. There shall be appropriated annually for the purposes of this act up to $100,000,000 from moneys made available to the State from tobacco companies under the nationwide settlement of the respective actions by the various states against those companies, entered into by this State in the Master Settlement Agreement in State of New Jersey v. R.J. Reynolds Tobacco Company, et al., Superior Court, Chancery Division, Middlesex County, No.C.254-96.

##### **§ 18A:7G-31** Establishment of capital reserve account. {#sec-18a-7g-31 omnilex-key=us-nj-statutes--title-18a--18A:7G-31}

57. a. Notwithstanding any provision of this act or any other law or regulation to the contrary, a board of education or a board of school estimate, as appropriate, may, through the adoption of a board resolution, establish a capital reserve account. The account shall be established and held in accordance with GAAP and shall be subject to annual audit. The funds in the capital reserve account shall be used to finance the district's long-range facilities plan required pursuant to subsection a. of section 4 of P.L.2000, c.72 (C.18A:7G-4) and the amount in the account shall not exceed the total amount of local funds required to implement the plan.

b. A board of education or a board of school estimate, as appropriate, may appropriate funds in the district's annual budget for the establishment of the capital reserve account pursuant to subsection a. of this section or to supplement the funds in the account as required to meet the needs of the long-range facilities plan.

c. A board of education may, by resolution of the board: transfer funds from the capital reserve account to the appropriate line item account for the funding of capital projects as contained in the district's long-range facilities plan; and transfer funds from the capital reserve account to the debt service account for the purpose of offsetting principal and interest payments for bonded projects which are included in the district's long-range facilities plan.

d. A board of education may, by resolution of the board: transfer funds from the capital reserve account to the appropriate line item account for the funding of capital projects subject to a public-private partnership agreement entered into pursuant to section 2 of P.L.2018, c.90 (C.18A:18A-60) and transfer funds from the capital reserve account to the debt service account for the purpose of offsetting principal and interest payments for bonded projects subject to a public-private partnership agreement entered into pursuant to section 2 of P.L.2018, c.90 (C.18A:18A-60).

##### **§ 18A:7G-32** "County Vocational School District Facilities Rehabilitation Fund." {#sec-18a-7g-32 omnilex-key=us-nj-statutes--title-18a--18A:7G-32}

58. a. There is hereby created a special fund in the Department of Education which shall be entitled the "County Vocational School District Facilities Rehabilitation Fund." The fund shall be maintained in a separate account and administered by the commissioner to carry out the provisions of this section. The fund shall consist of all moneys appropriated by the State for the purposes of the fund and all interest and investment earnings received on moneys in the fund.

b. A county vocational school district may apply to the commissioner for a grant in the maximum amount of $500,000 to be matched by the district for the purposes of funding health and safety school facilities rehabilitation projects. The grant and matching district funds shall be maintained by the district in a special revenue fund as certified by the district's board of education and its chief financial officer and shall be subject to annual audit. A project funded through the grant fund shall not require the approval of the commissioner pursuant to section 5 of this act.

c. Any county vocational school district which receives grant funding pursuant to subsection b. of this section shall not be eligible to receive school facilities aid pursuant to any other provision of this act for a period of five years from the district's receipt of the grant, except that the district may receive debt service aid pursuant to section 10 of this act; and any county vocational school district which receives aid under any provision of this act other than section 10, shall not receive a grant pursuant to subsection b. of this section for five years after approval of a project which is otherwise funded under this act.

##### **§ 18A:7G-33** Process for prequalification of contractors. {#sec-18a-7g-33 omnilex-key=us-nj-statutes--title-18a--18A:7G-33}

59. The development authority shall establish a process for the prequalification of contractors that desire to bid on school facilities projects. A contractor shall not be permitted to bid on such a school facilities project unless the contractor has been prequalified pursuant to P.L.2000, c.72 (C.18A:7G-1 et al.).

The prequalification process shall apply to general contractors, construction managers, and contractors including those in the following areas:

(1) plumbing and gas fitting and all work and materials kindred thereto;

(2) steam and hot water heating and ventilating apparatus, steam power plants and all work and materials kindred thereto;

(3) electrical work; and

(4) structural steel and miscellaneous iron work and materials.

The prequalification process established by the New Jersey Schools Construction Corporation pursuant to the provisions of P.L.2000, c.72 (C.18A:7G-1 et al.) shall remain in full force and effect unless subsequently revised by the development authority following the enactment of P.L.2007, c.137 (C.52:18A-235 et al.).

##### **§ 18A:7G-34** Prequalification process, submission requirements. {#sec-18a-7g-34 omnilex-key=us-nj-statutes--title-18a--18A:7G-34}

60. a. The prequalification process shall include a requirement that the contractor proposing to submit bids on a school facilities project submit a statement under oath on a form designated by the development authority. The form shall fully describe and establish the financial ability, responsibility, plant and equipment, organization, ownership, relationships and prior experience of the prospective bidder and any other pertinent and material facts as may be deemed necessary by the development authority. The submission shall include:

(1) A certified, audited financial statement or compilation of financial statements or other documentation of financial status acceptable to the development authority;

(2) Proof of any contractor or trade license required by law for any trade or specialty area in which the contractor is seeking prequalification and a statement as to whether any contractor or trade license has been revoked;

(3) A statement as to bonding capacity, which shall be from a surety authorized to issue bid, performance and payment bonds in the State of New Jersey in accordance with N.J.S.2A:44-143 through N.J.S.2A:44-147 to the contractor, and shall indicate aggregate bonding limits;

(4) A list of the names and titles of all individuals who own 10% or more of any class of stock in the corporation or are a 10% or more partner in the firm. If any of the aforementioned stockholders or partners is itself a corporation, or a partnership, that entity shall also provide the information specified herein;

(5) Disclosure of any judgments, convictions or criminal indictments for any conduct constituting a crime under local, State or federal law. The prospective bidder shall also disclose whether, in the past five years, the following have been convicted of a criminal offense under local, State, or federal law: the contractor; the contractor's corporate directors or officers; any employee of the contractor serving in a supervisory capacity or who is empowered to make discretionary decisions with respect to bids or public works contracts; or any individual who owns five percent or more of any class of stock in the corporation or is a five percent or more partner in the firm. Failure to disclose a conviction of a criminal offense pursuant to this paragraph shall constitute cause for the denial or revocation of a contractor's prequalification status;

(6) Disclosure of any unsatisfied judgments, injunctions or liens obtained by a governmental agency including, but not limited to, judgments based on taxes owed and fines and penalties assessed by any government agency;

(7) Disclosure of any determination for violations of federal, State or local laws, rules or regulations, including health laws, unemployment insurance or workers' compensation coverage or claim requirements, the "Employee Retirement Income Security Act of 1974" (Pub.L.93-406, 29 U.S.C. s. 1001 et seq.), security laws, environmental laws, safety laws, licensing laws, tax laws and antitrust laws;

(8) Disclosure of any federal, State or local debarments, non-responsibility findings or denials of prequalification;

(9) Disclosure of any bankruptcy filings or proceedings;

(10) A statement as to past performance, which shall give an accurate and complete record of work completed in the past five years by the contractor giving the names of the projects, type of work, location, contract price, bid and final contract amount paid and the names of the owner and of the architect or engineer in charge for the owner. This statement shall also disclose any labor problems experienced, any failure to complete a contract on schedule, any penalties, judgments, orders or liens imposed by reason of any contract undertaken within the five-year period and whether the contractor has been defaulted for cause on any project as determined by an unappealed or nonappealable decision. This statement shall also indicate the status of any litigation pending against the potential bidder. The contractor shall be required to attach to this statement all performance evaluations in his possession for any work performed by the contractor on any public or private projects;

(11) A statement as to organization, which shall demonstrate the adequacy of such organization to undertake a school facilities project. This statement shall include the resumes of the management and professional staff;

(12) A statement setting forth the contractor's equipment inventory and technical resources; and

(13) A statement on staffing capabilities, including labor sources, staffing plans, turnover rates, and any use of registered apprenticeship programs and journeyman training programs.

b. After the receipt of the submission provided for in subsection a. of this section, the development authority may verify information provided in the contractor's submission, including applicable license and certificate requirements, federal or State debarments and violations of law. The development authority may also conduct random inquiries or surveys of the contractor's prior customers.

c. Based upon the submission provided for in subsection a. of this section the development authority shall assign a contractor the following classification and limits for the purpose of determining the types of projects for which a contractor is entitled to bid:

(1) a trade or work classification; and

(2) an aggregate rating limit.

To effectuate these requirements of the prequalification process, the development authority shall develop rules and regulations for assigning classifications and aggregate limits.

d. The classification shall be made and an immediate notice thereof shall be sent to the contractor by registered or certified mail or other legally valid methods.

e. The development authority shall establish procedures to permit contractors to challenge a classification made pursuant to this section.

f. The prequalification submission shall include an affidavit which acknowledges receipt of information regarding the appropriate federal Bureau of Apprenticeship and Training apprenticeship laws and regulations as adopted by the State and information regarding the county apprenticeship coordinators and the federal Bureau of Apprenticeship and Training.

g. The development authority shall maintain a registry of all contractors prequalified to bid on school facilities projects. The registry shall include the classification of the bidder and aggregate building limit. The development authority shall maintain an updated version of the registry available on the Internet website of the authority.

##### **§ 18A:7G-34.1** Contractor, good standing, school facilities projects, corrective action plan. {#sec-18a-7g-34.1 omnilex-key=us-nj-statutes--title-18a--18A:7G-34.1}

15. a. As part of the application process established under section 59 of P.L.2000, c.72 (C.18A:7G-33) for the prequalification of a contractor that desires to bid on school facilities projects, the development authority shall seek certification from the Department of Labor and Workforce Development and the Department of the Treasury that the contractor is in substantial good standing with the respective department or has entered into an agreement with the respective department that includes a practical corrective action plan for the contractor.

b. As part of the application process established under section 59 of P.L.2000, c.72 (C.18A:7G-33) for the prequalification of a contractor that desires to bid on school facilities projects, the development authority shall undertake a moral integrity review, which shall include a criminal history record check, judgment search, and lien search of:

(1) the contractor;

(2) the contractor's corporate directors or officers;

(3) any employee of the contractor who serves in a supervisory capacity or that is empowered to make discretionary decisions with respect to bids or contracts for public works contracts; or

(4) any individual who owns five percent or more of any class of stock in the corporation or is a five percent or more partner in the firm.

c. The development authority shall not approve the application of a contractor for prequalification to bid on a school facilities projects if the contractor has been convicted of a criminal offense under local, State, or federal law or if, at the time of the application, the contractor is disbarred, suspended, or disqualified from State, development authority, or federal government contracting.

d. The development authority shall not approve the application of a contractor for prequalification to bid on school facilities projects if the contractor is prohibited from contracting with any public body pursuant to subsection d. of section 1 of P.L.2019, c.366 (C.34:1A-1.16).

##### **§ 18A:7G-35** Validity of contractor's prequalification classification. {#sec-18a-7g-35 omnilex-key=us-nj-statutes--title-18a--18A:7G-35}

61. a. A contractor's prequalification classification shall be valid for 24 months. A contractor shall be reclassified after the 24-month period in order to remain eligible to bid on school facilities projects.

b. Any material changes relevant to the prequalification process shall be reported by the contractor to the development authority in writing within 10 days. Based on the information provided, the development authority may change the classification or revoke prequalification for cause. The development authority may revoke a contractor's prequalification if the contractor fails to report material changes relevant to the prequalification process within 10 days.

##### **§ 18A:7G-36** Mandatory uniform performance evaluation of contractors. {#sec-18a-7g-36 omnilex-key=us-nj-statutes--title-18a--18A:7G-36}

62. a. A mandatory uniform performance evaluation shall be conducted on all school facilities projects undertaken by the development authority. The evaluation shall, at a minimum, include cost, schedule adherence and quality.

b. A contractor shall be notified of a performance evaluation. The contractor shall be afforded an opportunity to respond to an adverse evaluation. Following the opportunity for the contractor to respond to an adverse evaluation, the development authority may revoke a contractor's prequalification to bid on school facilities projects, provided that the contractor had a below-average score according to the development authority's scoring criteria for the mandatory uniform evaluation conducted pursuant to subsection a. of this section.

c. The contractor performance evaluations shall be utilized in reviewing bid submissions.

##### **§ 18A:7G-37** Submission of sworn contractor certification; requirements. {#sec-18a-7g-37 omnilex-key=us-nj-statutes--title-18a--18A:7G-37}

63. a. A prequalified contractor seeking to bid school facilities projects, and any subcontractors required to be named under P.L.2000, c.72 (C.18A:7G-1 et al.) shall, as a condition of bidding, submit a sworn contractor certification regarding qualifications and credentials.

b. In the contractor certification form, a principal owner or officer of the company shall certify that the firm has the following qualifications and credentials:

(1) A current, valid certificate of registration issued pursuant to "The Public Works Contractor Registration Act," P.L.1999, c.238 (C.34:11-56.48 et seq.), a copy of which shall be attached to the certification form, if applicable;

(2) A current, valid "Certificate of Authority to perform work in New Jersey" issued by the Department of the Treasury, a copy of which shall be attached to the certification form;

(3) Any current, valid contractor or trade license required under applicable New Jersey law for any trade or specialty area in which the firm seeks to perform work, a copy of which shall be attached to the certification;

(4) During the term of construction of the school facilities project, the contractor will have in place a suitable quality control and quality insurance program and an appropriate safety and health plan; and

(5) Workers' compensation insurance and liability policies that sufficiently cover the contractor's workforce based on the number of workers and craft trades it employs.

c. The contractor certification form shall further require that a principal owner or officer of the company certify that, at the time that the firm is bidding a project, the amount of its bid proposal and the value of all of its outstanding incomplete contracts does not exceed the firm's existing aggregate rating limit.

##### **§ 18A:7G-38** Program to provide additional funding for apprenticeship programs. {#sec-18a-7g-38 omnilex-key=us-nj-statutes--title-18a--18A:7G-38}

64. a. The Commissioner of Education, in conjunction with the Commissioner of Labor and Workforce Development, shall establish a program to provide additional funding for apprenticeship programs registered by the federal Bureau of Apprenticeship and Training in the United States Department of Labor. There shall be appropriated annually in fiscal year 2001 through fiscal year 2005 the sum of $3,000,000 to accomplish this purpose.

b. The commissioners of the Department of Education and the Department of Labor and Workforce Development shall establish guidelines for the distribution of funds under the program, including a provision that requires a majority of the funding to assist apprenticeship programs in urban areas. The guidelines shall also include a list of those types of entities eligible for funding including, but not limited to, county colleges, county vocational schools, unions and other sponsors of apprenticeship programs deemed appropriate. Eligible entities shall be permitted to use the funding provided pursuant to the program to fund student grants. Pursuant to established guidelines, the commissioners of the Department of Education and the Department of Labor and Workforce Development shall be responsible for the distribution of funds under the program.

##### **§ 18A:7G-39** False, deceptive, fraudulent statement by contractor in certifications, penalty. {#sec-18a-7g-39 omnilex-key=us-nj-statutes--title-18a--18A:7G-39}

65. Any contractor who willfully makes, or causes to be made, a false, deceptive or fraudulent statement in the certifications required pursuant to P.L.2000, c.72 (C.18A:7G-1 et al.), shall be guilty of a crime of the fourth degree and shall be permanently disqualified from bidding on all school facilities projects; and , in the case of an individual or the officer or employee charged with the duty of making the submission for a contractor , he shall be guilty of a disorderly persons offense.

##### **§ 18A:7G-40** Prequalified contractors exempt from other prequalifying process. {#sec-18a-7g-40 omnilex-key=us-nj-statutes--title-18a--18A:7G-40}

66. A contractor who has been prequalified as a bidder on school facilities projects in accordance with the process established by the development authority pursuant to section 59 of P.L.2000, c.72 (C.18A:7G-33) shall not be required to undergo any other prequalification process to bid on a school facilities project.

##### **§ 18A:7G-41** Procedure for obtaining prequalified status; short-form application. {#sec-18a-7g-41 omnilex-key=us-nj-statutes--title-18a--18A:7G-41}

68. If a contractor on the effective date of this act has a current, valid classification from the Division of Property Management and Construction, it may obtain prequalified status under this act by submitting a short-form application developed by the authority. A short-form application submitted under this section must include verification of the contractor's current classification and aggregate rating limit by the Division of Property Management and Construction.

Upon such application, the authority shall prequalify the contractor for the same trade or work classification and same aggregate rating limit issued by the Division of Property Management and Construction, provided the authority does not obtain or receive information indicating the contractor has experienced recent performance deficiencies, or otherwise fails to meet the qualification and responsibility standards established by this act. Prequalification pursuant to this section shall be valid for such time as determined by the authority.

##### **§ 18A:7G-41.1** Definitions relative to construction of school facilities projects; competition for contracts. {#sec-18a-7g-41.1 omnilex-key=us-nj-statutes--title-18a--18A:7G-41.1}

1. a. As used in this section:

"affiliate" means any firm or person having an overt or covert relationship such that any one of them directly or indirectly controls or has power to control another;

"firm" or "person" means any natural person, association, company, contractor, corporation, joint stock company, limited liability company, partnership, sole proprietorship, or other business entity, including their assignees, lessees, receivers, or trustees.

b. The New Jersey Schools Development Authority shall not restrict the ability of a firm or person that holds a valid classification or a valid prequalification, as applicable, issued by the Division of Property Management and Construction in the Department of the Treasury from competing for contracts or other work in any of the construction categories or trades or specific professional disciplines for which the firm or person holds a classification or prequalification.

Nothing in this section shall be construed to prohibit the development authority from requiring the prequalification of a firm or person by the development authority in accordance with the provisions of section 59 of P.L.2000, c.72 (C.18A:7G-33).

c. Notwithstanding any provision of subsection b. of this section to the contrary, a firm or person or an affiliate thereof shall not serve as a general contractor or as a subcontractor or as a subconsultant on an authority project for which the firm or person serves as the construction manager.

##### **§ 18A:7G-42** Registration of apprentices. {#sec-18a-7g-42 omnilex-key=us-nj-statutes--title-18a--18A:7G-42}

69. All apprentices shall be registered through the approved federal Bureau of Apprenticeship and Training program.

##### **§ 18A:7G-43** Office of Fiscal Integrity in School Construction. {#sec-18a-7g-43 omnilex-key=us-nj-statutes--title-18a--18A:7G-43}

70. There is established in the Office of the Attorney General the Office of Fiscal Integrity in School Construction. The office shall perform its duties under the direction of the Attorney General and shall cooperate and coordinate the performance of its duties with the Office of the State Comptroller. The Attorney General or his representative, in cooperation and coordination with the State Comptroller or his representatives, may investigate, examine, and inspect the activities of the authority and districts related to the financing and construction of school facilities and the implementation of the provisions of P.L.2000, c.72 (C.18A:7G-1 et al.). The Attorney General and the State Comptroller may require the submission of duly verified reports from the authority and districts, which include such information in such form as the Attorney General and the State Comptroller may require. The Attorney General or the State Comptroller or a representative of either, may also consult with the authority on issues and procedures related to the exercise of its duties and responsibilities under P.L.2000, c.72 (C.18A:7G-1 et al.). The Legislature shall annually appropriate such funds as may be necessary to finance the operations of the office.

##### **§ 18A:7G-44** Requirement for "wrap-up insurance coverage." {#sec-18a-7g-44 omnilex-key=us-nj-statutes--title-18a--18A:7G-44}

71. a. In the case of any school facilities project which has a State share of 100%, the development authority may require the use of wrap-up insurance coverage for the project and shall establish the terms and requirements for any such coverage.

b. For any school facilities project which has a State share of less than 100%, the district may elect to purchase wrap-up insurance coverage for the school facilities project. A district may purchase the coverage on its own or may enter into a joint purchasing agreement with one or more other districts to purchase coverage.

c. As used in this section, "wrap-up insurance coverage" means a single insurance and loss control program for all parties involved in the school facilities project, including the owners, administrators, contractors and all tiers of subcontractors, which is controlled and authorized by the owner or financing administrator and applicable to defined construction work sites. Wrap-up insurance coverage may include, but not be limited to, workers' compensation and employers' liability, commercial general liability, umbrella/excess liability, builder's risk, architects' and engineers' errors and omissions, liability, environmental liability, and force majeure.

##### **§ 18A:7G-45** Conveyance of certain school buildings and land to New Jersey Schools Development Authority; conditions. {#sec-18a-7g-45 omnilex-key=us-nj-statutes--title-18a--18A:7G-45}

14. a. In the event that the development authority funds 100% of the cost of the acquisition of land for the construction of a school facilities project and as a result of the construction of that project a school building located in the district and the land upon which the school building is situate are no longer necessary for educational purposes, title to the land together with the school building on the land shall be conveyed to and shall vest in the New Jersey Schools Development Authority established pursuant to section 3 of P.L.2007, c.137 (C.52:18A-237) when it is determined by the development authority that such conveyance is in the best interest of the development authority. The district shall execute any documents including, but not limited to, a deed of conveyance necessary to accomplish the transfer of title.

b. The development authority may retain or sell the land and buildings on that land acquired pursuant to subsection a. of this section. In the event the development authority elects to sell, it shall use a competitive process. The proceeds of that sale shall be applied to the costs of school facilities projects of the district.

c. The transfer of title pursuant to subsection a. of this section shall occur in accordance with a schedule determined by the development authority. The schedule may provide that the transfer occur prior to the completion of the construction of the new school facilities project if the development authority deems it necessary in order to complete additional school facilities projects within the district.

##### **§ 18A:7G-46** Acquisition of land in SDA district; submission of land inventory. {#sec-18a-7g-46 omnilex-key=us-nj-statutes--title-18a--18A:7G-46}

15. If land is necessary to be acquired in connection with a school facilities project in an SDA district, the board of education of the district and the governing body of the municipality in which the district is situate shall jointly submit to the commissioner and to the development authority a complete inventory of all district- and municipal-owned land located in the municipality. The inventory shall include a map of the district showing the location of each of the identified parcels of land. The board of education and the governing body of the municipality shall provide an analysis of why any district- or municipal-owned land is not suitable as a site for a school facilities project identified in the district's long-range facilities plan. The inventory shall be updated as needed in connection with any subsequent school facilities projects for which it is necessary to acquire land.

##### **§ 18A:7G-47** Approval of site plan in SDA district; procedure. {#sec-18a-7g-47 omnilex-key=us-nj-statutes--title-18a--18A:7G-47}

16. a. Whenever the board of education of an SDA district submits to the New Jersey Schools Development Authority established pursuant to P.L.2007, c.137 (C.52:18A-235 et al.) information on a proposed preferred site for the construction of a school facilities project, the development authority shall file a copy of a map, plan or report indicating the proposed preferred site with the county clerk of the county within which the site is located and with the municipal clerk, planning board, and building inspector of the municipality within which the site is located.

b. Whenever a map, plan, or report indicating a proposed preferred site for the construction of an SDA district school facilities project is filed by the development authority pursuant to subsection a. of this section, any municipal approving authority before granting any site plan approval, building permit, or approval of a subdivision plat, or exercising any other approval power with respect to the development or improvement of any lot, tract, or parcel of land which is located wholly or partially within the proposed preferred site shall refer the site plan, application for a building permit or subdivision plat or any other application for proposed development or improvement to the development authority for review and recommendation as to the effect of the proposed development or improvement upon the construction of the school facilities project.

c. A municipal approving authority shall not issue any site plan approval or building permit or approve a subdivision plat or exercise any other approval power with respect to the development or improvement of the lot, tract, or parcel of land without the recommendation of the development authority until 45 days following referral to the development authority pursuant to subsection b. of this section. Within that 45-day period, the development authority may:

(1) give notice to the municipal approving authority and to the owner of the lot, tract, or parcel of land of probable intention to acquire the whole or any part thereof, and no further action shall be taken by the approving authority for a further period of 180 days following receipt of notice from the development authority. If within the 180-day period the development authority has not acquired, agreed to acquire, or commenced an action to condemn the property, the municipal approving authority shall be free to act upon the pending application in such manner as may be provided by law; or

(2) give notice to the municipal approving authority and to the owner of the lot, tract, or parcel of land that the development authority has no objection to the granting of the permit or approval for which application has been made. Upon receipt of the notice the municipal approving authority shall be free to act upon the pending application in such manner as may be provided by law.

##### **§ 18A:7G-47.1** "Emergent Condition Remediation Program" established. {#sec-18a-7g-47.1 omnilex-key=us-nj-statutes--title-18a--18A:7G-47.1}

20. a. There is hereby created within the development authority an Emergent Condition Remediation Program to provide for the financing of emergent projects in the public schools of SDA districts, which public schools shall not include charter schools or renaissance school projects physically located in the SDA districts. Emergent projects financed under the program shall be funded by moneys from the SDA District Emergent Project Fund established pursuant to paragraph (3) of subsection i. of section 14 of P.L.2000, c.72 (C.18A:7G-14).

b. Under the Emergent Condition Remediation Program established pursuant to subsection a. of this section, the development authority shall create a process whereby contractors prequalified by the development authority to bid on school facilities projects apply to be a part of a pool of contractors available to address emergent conditions in SDA districts under a standing retainer agreement subject to the development authority's project labor agreement for emergent projects in accordance with the provisions of section 2 of P.L.2002, c.44 (C.52:38-2). The prequalified contractors that are part of the pool of contractors established pursuant to this subsection shall be available for any emergent project in any SDA district. Nothing in this subsection shall be construed as requiring the retainer of prequalified contractors for specific emergent projects.

c. As used in this section, "emergent project" means a school facilities project or other capital projects eligible for State funding that would alleviate a condition that, if not corrected on an expedited basis, would render a building or facility so potentially injurious or hazardous that it causes an imminent peril to the health and safety of students or staff.

##### **§ 18A:7G-47.2** SDA district, school facilities project management, contracts, limitations, scope. {#sec-18a-7g-47.2 omnilex-key=us-nj-statutes--title-18a--18A:7G-47.2}

19. a. The development authority and an SDA district to which the development authority has delegated management of a school facilities project, as well as any contractor or consultant retained thereby, shall not enter into a contract for work with any person or firm that is currently debarred, suspended, or disqualified from State, development authority, or federal government contracting.

b. The development authority and any SDA district to which the development authority has delegated management of a school facilities project shall insert in all contracts with all contracted parties, and all contractors and consultants shall insert into all of their contracts with all subcontractors and subconsultants, a clause stating that the contracted party or its subcontractors or subconsultants may be debarred, suspended, or disqualified from contracting or working, or both, on the approved school facilities project if the contracted party commits any of the acts listed in N.J.A.C.17:19-4.1 or any other applicable regulation issued by the development authority.

c. (1) The development authority or the SDA district to which the development authority has delegated management of a school facilities project shall include in its bid specification for any work or services on an approved school facilities project that all bidders submit a sworn statement by the bidder, or an officer or partner of the bidder, indicating whether the bidder is, at the time of the bid, included on the State Treasurer's, the development authority's, or the federal government's list of debarred, suspended, or disqualified bidders as a result of action taken by any state or federal agency, as the case may be. Bid specifications for the approved school facilities project shall state that the district shall immediately notify the development authority in writing whenever it appears that a bidder is on the State Treasurer's, the development authority's, or the federal government's list.

(2) The inclusion of the bidder on any of the lists enumerated in paragraph (1) of this subsection shall constitute cause for the immediate termination of any contract for a school facilities project, provided, however, that the development authority or SDA district to which the development authority has delegated management of a school facilities project is able to replace the bidder without significantly impacting the cost and delivery date of the project. The inclusion of the bidder on any of the lists enumerated in paragraph (1) of this subsection shall also result in the development authority's immediate suspension of the bidder from contracting or engaging in work or services on a school facilities project during the period of the bidder's debarment, suspension, or disqualification.

##### **§ 18A:7G-47.3** SDA district, school facilities project management, cooperative pricing system, agreement, prohibited. {#sec-18a-7g-47.3 omnilex-key=us-nj-statutes--title-18a--18A:7G-47.3}

21. Notwithstanding the provisions of any law, rule, or regulation to the contrary, an SDA district to which the development authority has delegated management of a school facilities project shall not enter into a cooperative pricing system or agreement for construction services on school facilities projects.

##### **§ 18A:7G-48** Projects in certain districts with prior approval; construction, financing under prior law. {#sec-18a-7g-48 omnilex-key=us-nj-statutes--title-18a--18A:7G-48}

17. Notwithstanding any provision of P.L.2007, c.137 (C.52:18A-235 et al.) to the contrary, a school facilities project of a district, other than an Abbott district, with a district aid percentage equal to or greater than 55% or of a district, other than an Abbott district, with a district aid percentage of less than 55% that had been approved by the Commissioner of Education and the New Jersey Schools Construction Corporation prior to the effective date of P.L.2007, c.137 (C.52:18A-235 et al.) to be constructed by the corporation, shall be constructed and financed in accordance with the provisions of P.L.2000, c.72 (C.18A:7G-1 et al.) as the same read before the effective date of P.L.2007, c.137 (C.52:18A-235 et al.).

## **Chapter 8** {#struct-chapter-8}

##### **§ 18A:8-1** Municipalities as separate school districts; exceptions {#sec-18a-8-1 omnilex-key=us-nj-statutes--title-18a--18A:8-1}

Each municipality shall be a separate local school district except as otherwise provided in this chapter and except that each incorporated village shall remain a part of the district in which it is situated at the time of its incorporation.

##### **§ 18A:8-2** Certain new municipalities as type II districts {#sec-18a-8-2 omnilex-key=us-nj-statutes--title-18a--18A:8-2}

Whenever a new municipality other than a city is created from parts of two or more municipalities, such municipality shall be a separate type II school district from the time of appointment of the board of education for the new school district.

##### **§ 18A:8-3** First board of education; first elected board {#sec-18a-8-3 omnilex-key=us-nj-statutes--title-18a--18A:8-3}

The first board of education of the new school district shall consist of nine persons, who are legal residents of the district possessing the qualifications requisite for board membership in other school districts, except the two-year residence requirement, which shall not be effective until the fourth annual school election of the newly created district. They shall be appointed by the county superintendent as soon after the creation of the new municipality as possible, and they shall continue in office until the qualification in office of their successors, who shall be elected at the ensuing annual school election for terms to be so arranged by the appointed board that, as soon as possible, the term of each member of the board shall be three years and the terms of three members shall expire in each year.

##### **§ 18A:8-3.1** Assumption of indebtedness for money or property upon annexation {#sec-18a-8-3.1 omnilex-key=us-nj-statutes--title-18a--18A:8-3.1}

When a municipality or a part thereof is annexed to another municipality and there is within the limits of the municipality or part thereof which is annexed, a schoolhouse or property formerly belonging to the board of education of the school district situated in such municipality, any indebtedness of such board of education for the erection, purchase, furnishing or repair of such schoolhouse or property shall be assumed by and become the obligation of the board of education of the school district of the annexing municipality.

##### **§ 18A:8-3.2** Repayment of indebtedness paid by original district notwithstanding its assumption {#sec-18a-8-3.2 omnilex-key=us-nj-statutes--title-18a--18A:8-3.2}

When the board of education of a school district situated in any municipality pays any portion of an indebtedness which existed at the time of the formation of a new municipality or part thereof, or at the time of the annexation of such municipality to another and which was assumed by and became the obligation of the board of education of the school district situated in the new municipality, the amount of such payment with interest shall be repaid by the last mentioned board.

##### **§ 18A:8-3.3** Apportionment of school tax on annexation; action by commissioner {#sec-18a-8-3.3 omnilex-key=us-nj-statutes--title-18a--18A:8-3.3}

When a municipality or part of a municipality has heretofore been annexed or shall be hereafter annexed to another municipality or municipalities and the school taxes for the school year during which such annexation was or shall be effected have been or shall have been levied and collected by the municipality or municipalities as constituted prior to such annexation and paid to the board of education in such municipality or regional board of education comprising in part said municipality, the school tax for the said school year shall be apportioned by the commissioner after a hearing upon notice to the municipalities and boards of education to be affected, and, in making any such apportionment, the commissioner shall take into consideration the number of pupils, the tax ratables and the effect of the transfer resulting from such annexation upon the educational program of the school district. The commissioner shall direct the board of education or the regional board of education, as the case may be, of the municipality from which the said transfer was made to pay to the board of education or regional board of education of the municipality or municipalities to which the annexation was made, such sums as he shall determine to be payable under this section. Any board of education or regional board of education aggrieved by any such order of the commissioner shall be entitled to have such order and the determination of the commissioner, upon which any such order shall be made, reviewed by the state board, upon an appeal to it, and upon any such review, the state board may affirm, reverse or modify the order and determination appealed from and may make any determination and order that should have been made by the commissioner.

##### **§ 18A:8-4** Single school district in certain divided municipalities {#sec-18a-8-4 omnilex-key=us-nj-statutes--title-18a--18A:8-4}

Whenever a municipality is divided into two or more municipalities, the school district shall continue as a single school district unless and until the same shall be divided as provided in this article.

##### **§ 18A:8-5** Application for investigation of advisability of separate school districts in divided municipalities {#sec-18a-8-5 omnilex-key=us-nj-statutes--title-18a--18A:8-5}

The governing body of any such municipality may, by resolution, apply to the county superintendent to make an investigation as to the advisability of constituting that municipality a separate school district.

##### **§ 18A:8-6** Report of county superintendent {#sec-18a-8-6 omnilex-key=us-nj-statutes--title-18a--18A:8-6}

The county superintendent shall, within 30 days after such request, file with the governing bodies of all of such municipalities and the board of education of the school district a report containing such financial, educational and other information as he may deem necessary to enable said governing bodies and board of education to form an intelligent judgment as to the advisability of the proposed separation and the effect thereof upon the educational and financial condition of the new district and the remaining district and setting forth the amount of indebtedness, if any, to be assumed by the new and remaining districts calculated as hereinafter provided.

##### **§ 18A:8-7** Amount of indebtedness to be assumed by proposed new district {#sec-18a-8-7 omnilex-key=us-nj-statutes--title-18a--18A:8-7}

The amount of indebtedness so to be assumed shall be calculated on the basis of the proportion which the original cost of the buildings, grounds, furnishings, equipment, and additions thereto, situate in the proposed new district, bears to the original cost of the buildings, grounds, furnishings, equipment and additions thereto, situated in the original district. Said original cost shall be determined according to rules prescribed by the commissioner with the approval of the state board and in accordance with recognized accounting practices.

##### **§ 18A:8-8** Calculation of amount of indebtedness to be assumed {#sec-18a-8-8 omnilex-key=us-nj-statutes--title-18a--18A:8-8}

In calculating the amount of indebtedness to be assumed, any indebtedness authorized for the purchase or improvement of land or the erection, alteration, repair or furnishing of schoolhouses shall be included, whether incurred or not, and shall be treated as if the bonds or notes authorized to be issued to provide funds therefor had actually been issued, and the original cost of the acquisition or improvement so to be made shall be deemed to be the amount of indebtedness authorized for the making thereof.

##### **§ 18A:8-9** Petition by municipality for permission to submit question of separate school district {#sec-18a-8-9 omnilex-key=us-nj-statutes--title-18a--18A:8-9}

The governing body of the applying municipality may, within 30 days after the filing of the report, petition the commissioner for permission to submit to the legal voters of the municipality the question whether or not the municipality shall be constituted a separate school district, and in such petition may request any specific reduction or increase in the amount of indebtedness to be assumed. Proof of the service of a copy of the petition upon each municipality in the original school district, the board of education thereof, and the county superintendent, prior to the filing of the petition, shall accompany the petition.

##### **§ 18A:8-10** Answer to petition by other municipalities and board of education {#sec-18a-8-10 omnilex-key=us-nj-statutes--title-18a--18A:8-10}

The governing body of any other municipality in the school district and the board of education thereof shall, within 15 days after service of a copy of the petition upon it, file an answer thereto with the commissioner and serve a copy of such answer upon every other municipality included in the original district, the board of education thereof and the county superintendent.

##### **§ 18A:8-11** Contents of answer to petition {#sec-18a-8-11 omnilex-key=us-nj-statutes--title-18a--18A:8-11}

In such answer said municipality may:

a. Consent to the granting of the application; or

b. Oppose the same because, if the same be granted--

1. An excessive debt burden will be imposed upon the remaining district,

2. An efficient school system cannot be maintained in the remaining district without excessive costs,

3. Insufficient pupils will be left in the remaining district to maintain a properly graded school system, or

4. Of any other reason, which it may deem to be sufficient; or

c. Request that if the petition be granted, the amount of debt which the remaining district would be required to assume, calculated as hereinbefore provided, be reduced for the reason that--

1. Such amount of indebtedness, together with all other indebtedness of the municipality would be excessive,

2. The amount of expenditure for debt service which would be required would be so great that sufficient funds would not be available for current expenses without excessive taxation, or

3. Such amount of indebtedness is inequitable in relation to the value of the property to be acquired by the remaining district and would materially impair the credit of the municipality or such districts and the ability to pay punctually the principal and interest of their debt and to supply such essential educational facilities and public improvements and services as might reasonably be anticipated would be required of them.

##### **§ 18A:8-12** Petition, hearing relative to effect of proposed separations. {#sec-18a-8-12 omnilex-key=us-nj-statutes--title-18a--18A:8-12}

Within 15 days after the filing of the answers to the petition, the Commissioner of Education shall hold a hearing thereon at the request of any interested party and shall consider the effect of the proposed separation upon the educational and financial condition of both the new and remaining districts on the basis of the allegations of the petition and answers and of any other factors which might have been alleged in the answers as hereinbefore provided.

##### **§ 18A:8-13** Grant or denial of petition. {#sec-18a-8-13 omnilex-key=us-nj-statutes--title-18a--18A:8-13}

Within 60 days after the receipt of the petition and answers, the Commissioner of Education shall grant the application and determine the amount of indebtedness, if any, to be assumed by the remaining and new districts, respectively, or deny the same.

##### **§ 18A:8-14** Submission of question at special election {#sec-18a-8-14 omnilex-key=us-nj-statutes--title-18a--18A:8-14}

If the application be granted, the county superintendent shall, within 30 days thereafter, fix a day, between the first day of April next ensuing and the first day of December next occurring after said first day of April, and a time on said day for holding a special school election, at which time the question whether or not the municipality shall be constituted a separate school district shall be submitted to the legal voters of the municipality.

##### **§ 18A:8-15** Notices, advertisements and conduct of election; certification of results {#sec-18a-8-15 omnilex-key=us-nj-statutes--title-18a--18A:8-15}

The amount of indebtedness to be assumed by the proposed new district and the effect of such indebtedness upon the borrowing margin of the municipality and the proposed new district shall be stated in the notices and advertisements of the special school election and in the ballots to be used therein, and said election shall be conducted and the results thereof determined in the manner prescribed by law for special school elections in type II districts. The result shall be certified within five days after the holding of the election to the county superintendent and the board of education.

##### **§ 18A:8-16** Effective date of creation of new district after adoption of question {#sec-18a-8-16 omnilex-key=us-nj-statutes--title-18a--18A:8-16}

If the question is adopted at said election, the municipality initiating the proceeding shall be created a separate type II school district upon the beginning of the next ensuing school year.

##### **§ 18A:8-17** Name of new and remaining districts {#sec-18a-8-17 omnilex-key=us-nj-statutes--title-18a--18A:8-17}

The name of the new district shall be the board of education of the (name of municipality) in the county of and the name of the remaining district shall be the board of education (name of municipality) in the county of .

##### **§ 18A:8-17.1** Board may adopt new title for district {#sec-18a-8-17.1 omnilex-key=us-nj-statutes--title-18a--18A:8-17.1}

In any district composed of two or more municipalities one at least of which has changed its name, the board of education, by resolution passed by a two-thirds vote of its members and with the approval of the commissioner, may adopt a new corporate title for the school district. Such title shall contain the names of at least two of the municipalities in the district but shall not contain the type of the municipalities such as township, town or borough.

##### **§ 18A:8-18** Board of new district {#sec-18a-8-18 omnilex-key=us-nj-statutes--title-18a--18A:8-18}

The members of the board of education of the original district shall continue in office as members of such district until the creation of the new district and the members of said board who reside in the new district shall also be members of the first board of education of the new district and those who do not reside therein shall also be members of the first board of education of the remaining district. They shall continue to serve as members of the board of education of the new and remaining districts respectively until the expiration of the respective terms for which they were elected as members of the board of education of the original district. Such number of additional members of the first board of education of the new district and of the remaining district as shall be required to complete full membership thereof, shall be appointed by the county superintendent and their successors shall be elected at school elections of the districts, which shall be held at the same time as that on which the annual election of the original district would have been held in the next school year. The elected members of said boards shall take office at the organization meeting succeeding their election and the appointed members shall continue in office until said date.

##### **§ 18A:8-19** Date of constitution of first boards of education of new and remaining districts {#sec-18a-8-19 omnilex-key=us-nj-statutes--title-18a--18A:8-19}

The first boards of education of the new district and the remaining district shall be constituted as of the tenth day following the election.

##### **§ 18A:8-20** Powers, duties of first boards of education of new, remaining districts. {#sec-18a-8-20 omnilex-key=us-nj-statutes--title-18a--18A:8-20}

The first board of education of the new district and the first board of education of the remaining district shall each prepare and submit, if applicable, to the voters of the district, as required by law, the first budgets for said district and they shall make proper provision for an election to be conducted, in accordance with the provisions of P.L.1995, c.278 (C.19:60-1 et al.), for the members of the board of education of the district to replace the appointed members of the board, for such terms that three members of the board of the district, as thereafter constituted, will be elected each year, at an annual election to be held in the district at the same time as that on which the next annual election for the original district would have been held.

##### **§ 18A:8-21** Boards of education of new and remaining districts with elected members; powers, etc. {#sec-18a-8-21 omnilex-key=us-nj-statutes--title-18a--18A:8-21}

The board of education of the new district, and the board of education of the remaining district, to which members are first elected shall not take charge and control of the schools of their respective districts until the beginning of the next school year, but each may in the meantime exercise any powers which may be necessary for the proper organization and functioning of the public schools of the district when the same shall be created, and any expenses incurred in connection therewith may be paid from appropriations of said districts, when created, if items therefor are included in the budgets of the district, notwithstanding that said expenses were incurred prior to the creation of said district, and they may call special elections for the purchase of land and the construction, alteration or repair of school buildings, and for the making of special appropriations or the issuance of bonds for any lawful purpose.

##### **§ 18A:8-22** Title to vest in district board of education. {#sec-18a-8-22 omnilex-key=us-nj-statutes--title-18a--18A:8-22}

Upon the creation of the new district, title to all school grounds and buildings and the furnishings and equipment thereof situate therein shall vest in the board of education of that district, and such board shall thereupon assume such amount of the indebtedness of the original school district as shall have been determined upon by the Commissioner of Education and shall pay to the board of the remaining district, at least five days before the same shall become due, the amount of the principal and interest of the indebtedness so assumed, and said principal and interest shall be paid by the board of the remaining district as and when the same becomes due and payable.

##### **§ 18A:8-23** Books, documents and records of original district {#sec-18a-8-23 omnilex-key=us-nj-statutes--title-18a--18A:8-23}

Upon the creation of the new district, all books, documents and records of the original school district shall be turned over to the board of education of the new district or the board of education of the remaining district, whichever district has the larger or largest amount of ratables as ascertained from the last published report of the director of the division of taxation in the department of the treasury.

##### **§ 18A:8-24** Division of assets and liabilities of original district {#sec-18a-8-24 omnilex-key=us-nj-statutes--title-18a--18A:8-24}

The county superintendent in a written report filed by him at the end of the school year preceding that in which the new district is created shall make a division of the assets, except school buildings, grounds, furnishings and equipment, and of the liabilities, other than the bonded indebtedness of the original district, between the new district and the remaining district on the basis of the amount of the ratables in the respective districts on which the last school tax was levied, and in determining the amount of assets to be divided, he shall take into account the present value of the school books, supplies, fuel, motor vehicles and all personal property other than furnishings and equipment. In the case of any vehicle used for the transportation of school children, the original cost of the vehicle, less any state aid appropriated therefor, shall be deemed to be the present value.

##### **§ 18A:8-25** Application of chapter {#sec-18a-8-25 omnilex-key=us-nj-statutes--title-18a--18A:8-25}

The provisions of this chapter shall be applicable to all consolidated local school districts heretofore created.

##### **§ 18A:8-26** Name of consolidated district board {#sec-18a-8-26 omnilex-key=us-nj-statutes--title-18a--18A:8-26}

The board of education of each consolidated district shall be called "The board of education of the of (here insert the name of the municipality included within the consolidated district which has the larger or largest amount of taxable property as ascertained from the last published report of the director of taxation in the department of the treasury,) in the county of ."

##### **§ 18A:8-27** Adoption of different name for board {#sec-18a-8-27 omnilex-key=us-nj-statutes--title-18a--18A:8-27}

If a shorter or different name for the board of education of a consolidated district, heretofore created, appears to be desirable to the board, another title may be adopted by it with the approval of the state board, which approved title shall be certified by the state board under the hand of its secretary to the secretary of state, and the new title so approved and certified shall become the corporate title of the district.

##### **§ 18A:8-28** Powers, duties and succession to property and obligations by board {#sec-18a-8-28 omnilex-key=us-nj-statutes--title-18a--18A:8-28}

The board of education of each consolidated district shall be a body corporate and shall have all the powers and duties and be subject to the same restrictions as a board of education in a type II school district, except as otherwise provided in this chapter, and from and after the effective date of consolidation, all of the property and assets of the consolidating districts and of any regional school district or districts dissolved by reason of such consolidation shall vest in the board of education of the consolidated district and the board of the consolidated district shall be subject to the contracts, debts, and other obligations of the consolidating districts and of such regional district or districts.

##### **§ 18A:8-29** Apportionment of membership of board {#sec-18a-8-29 omnilex-key=us-nj-statutes--title-18a--18A:8-29}

The membership of the board shall, except as otherwise provided by this chapter, be apportioned by the county superintendent or county superintendents among the several consolidating school districts as nearly as may be according to the number of their inhabitants, as shown by the last published federal census report, but each district shall have at least one member. The apportionment of membership shall continue until changed by reapportionment by the county superintendent or county superintendents, which shall be made, when required, immediately succeeding each published federal census report, but the members of the board in office at the time of any reapportionment shall continue in office for their unexpired terms.

##### **§ 18A:8-30** Apportionment of members of boards in unapportioned districts {#sec-18a-8-30 omnilex-key=us-nj-statutes--title-18a--18A:8-30}

The membership of the board of any consolidated school district heretofore created, in which such membership has not been determined by apportionment, shall be selected as heretofore, but in any such district there may be adopted the apportionment provisions of this chapter at any annual school election by approval of a majority of the votes cast on such proposition.

The proposition shall be placed on the ballots to be used at such election whenever a petition requesting the submission of such proposition, signed by not less than five per cent of the registered voters of the consolidated district, shall have been filed with the secretary at least 20 days prior to the date fixed for the holding thereof.

If such proposition shall be adopted, the county superintendent or county superintendents of the county or counties, in which the district is situate, shall apportion the membership of the board of the consolidated district in accordance with this chapter, beginning with the next annual election, and as the terms of the respective members of the board in office shall expire, and thereafter the members of said board shall be elected accordingly.

##### **§ 18A:8-31** Number and annual election of members of boards; terms {#sec-18a-8-31 omnilex-key=us-nj-statutes--title-18a--18A:8-31}

The board shall consist of nine members and the members shall serve for terms of three years and vacancies for the unexpired terms shall be filled in the same manner as in other type II districts.

The board shall provide annually for election of members from the former constituent districts to succeed the members selected therefrom as their terms expire.

##### **§ 18A:8-32** Organization of board {#sec-18a-8-32 omnilex-key=us-nj-statutes--title-18a--18A:8-32}

The board shall organize annually in the manner prescribed for other type II districts.

##### **§ 18A:8-33** Treasurer of school moneys. {#sec-18a-8-33 omnilex-key=us-nj-statutes--title-18a--18A:8-33}

The board may appoint a suitable person, except a member or employee of the board, as treasurer of school moneys and may fix his salary, and he shall give bond in such amount, according to such terms, as are required by law, of treasurers of school moneys of school districts, and with such surety as the board shall direct. The board in its determination of the amount shall be guided by a schedule of minimum limits to be promulgated by the State board.

##### **§ 18A:8-34** Principals, teachers and employees of constituent districts; tenure, etc. {#sec-18a-8-34 omnilex-key=us-nj-statutes--title-18a--18A:8-34}

All principals, teachers and employees in the public schools of the consolidating school districts and of any regional district or districts abolished by the consolidation shall, when the consolidation became effective, be principals, teachers and employees, respectively, in the public schools of the consolidated district, and their tenure, pension and accumulative sick leave rights under the state laws shall not be affected by consolidation or abolition or by any of the provisions of this chapter.

##### **§ 18A:8-35** Supervision of consolidated districts {#sec-18a-8-35 omnilex-key=us-nj-statutes--title-18a--18A:8-35}

The schools under each consolidated board of education shall be under the supervision of the county superintendent of the county including the constituent district or districts having the larger or largest amount of ratables, as ascertained from the last published report of the director of the division of taxation in the department of the treasury.

##### **§ 18A:8-36** Appropriations authorized by majority of votes cast. {#sec-18a-8-36 omnilex-key=us-nj-statutes--title-18a--18A:8-36}

At any election in which an appropriation must be authorized, a majority of the total votes cast thereon in all of the territory of the consolidated school district shall be necessary for the authorization.

##### **§ 18A:8-37** Apportionment; collection and payment of appropriations {#sec-18a-8-37 omnilex-key=us-nj-statutes--title-18a--18A:8-37}

The amounts authorized to be raised for annual or special appropriations, or for interest, or for the redemption of bonds shall be certified by the board of education of the consolidated school district to the county board of taxation, which shall apportion such amounts among the taxing districts, comprising the former constituent school districts from which the consolidated district was constituted in the proportion that the apportionment valuation, as defined in section 54:4-49 of the Revised Statutes, of each taxing district bears to the total apportionment valuations within the consolidated school district and the amount thus apportioned to each taxing district shall be assessed, levied and collected in the same manner and at the same time as other taxes are assessed, levied and collected therein and shall be paid upon requisitions, as in other type II districts.

Where the constituent school districts are located in more than one county, county board of taxation shall, for the purposes of this section, mean the county board of taxation of the county in which the constituent school districts having the largest aggregate apportionment valuations are located, as established by the last published county abstracts of ratables, and the county board or county boards of taxation in which the other constituent school districts are located shall certify to the county board of taxation charged with the duty of apportioning moneys hereunder the apportionment valuations of the constituent school districts within their respective jurisdictions.

##### **§ 18A:8-38** Certification of apportionment to county boards of taxation {#sec-18a-8-38 omnilex-key=us-nj-statutes--title-18a--18A:8-38}

The county board of taxation making the apportionment shall certify to the other county board or boards of taxation the amounts apportioned to the constituent school districts within their respective jurisdictions.

##### **§ 18A:8-39** Continuation of certain consolidated school districts saved {#sec-18a-8-39 omnilex-key=us-nj-statutes--title-18a--18A:8-39}

R.S. 18:5-18 is saved from repeal. [This act provides that certain school districts consolidated prior to October 19, 1903 shall continue to exist as a consolidated school district as though it had been established as such by election held pursuant to section 18:5-14 of the Revised Statutes.]

##### **§ 18A:8-40** Continuation as liens of certain bonds issued, saved {#sec-18a-8-40 omnilex-key=us-nj-statutes--title-18a--18A:8-40}

R.S. 18:5-19 is saved from repeal. [This act provides that bonds issued prior to October 19, 1903, for the erection of a grade or high school building, by a school district comprised of the territories of two adjoining municipalities, by authority of the voters of both municipalities, shall continue to be liens and the district shall be governed as a consolidated district in the same manner as though the consolidation had been effected under R.S. 18:5-14.]

##### **§ 18A:8-41** Repealers as to consolidated school districts saved {#sec-18a-8-41 omnilex-key=us-nj-statutes--title-18a--18A:8-41}

L.1947, c. 86; p. 477, s. 29 is saved from repeal. [This act repeals certain preexisting statutes relating to consolidated school districts.]

##### **§ 18A:8-42** Composition of regional school districts {#sec-18a-8-42 omnilex-key=us-nj-statutes--title-18a--18A:8-42}

Each regional school district shall be composed as is provided in chapter 13 of this title.

##### **§ 18A:8-43** "Non-operating district" defined. {#sec-18a-8-43 omnilex-key=us-nj-statutes--title-18a--18A:8-43}

1. As used in this act:

"Non-operating district" means a school district that is not operating schools.

##### **§ 18A:8-44** Elimination of non-operating district through merger. {#sec-18a-8-44 omnilex-key=us-nj-statutes--title-18a--18A:8-44}

2. a. Except as otherwise provided in subsection b. of this section, the executive county superintendent of schools shall eliminate any non-operating district and merge that district with the district with which it participates in a sending-receiving relationship.

b. If a non-operating district is in a sending-receiving relationship with more than one district or is in a sending-receiving relationship with a district in need of improvement pursuant to the "No Child Left Behind Act of 2001," Pub.L.107-110, then the executive county superintendent shall determine with which district the non-operating district shall be merged. The determination shall be based on the district that is able to accommodate the merger with the least disruption to its finances and educational operations. In making the determination the executive county superintendent shall examine, but need not be limited to, the following factors: current sending-receiving relationships; the quality and effectiveness of educational programming and district operations; proximity of school districts; transportation costs; school building capacity; and special education needs.

##### **§ 18A:8-45** Apportioning of annual or special appropriations. {#sec-18a-8-45 omnilex-key=us-nj-statutes--title-18a--18A:8-45}

3. The annual or special appropriations for a new district established pursuant to section 2 of this act, excluding the amounts to be raised for interest upon and the redemption of bonds payable by the district, shall be apportioned among the constituent districts of the new district in the first year of the merger in such manner as the commissioner determines to be the least fiscally disruptive. Thereafter the apportionment methodology shall be determined pursuant to chapter 13 of Title 18A of the New Jersey Statutes; however, if necessary, the commissioner may allow a five-year phase-in of the apportionment methodology.

The amount to be raised for interest upon and the redemption of bonds payable by the district for bonds issued prior to and after the effective date of this act, shall be apportioned among the constituent districts of the new district in such manner as the commissioner determines to be the least fiscally disruptive. The commissioner may allow a five-year phase-in of the apportionment methodology, if necessary.

##### **§ 18A:8-46** Calculation of State aid. {#sec-18a-8-46 omnilex-key=us-nj-statutes--title-18a--18A:8-46}

4. Notwithstanding the provisions of P.L.2007, c.260 (C.18A:7F-43 et al.) to the contrary, for the purposes of calculating State school aid, both the former non-operating district and the district with which it is merged pursuant to the provisions of section 2 of this act shall continue to be considered separate school districts.

##### **§ 18A:8-47** Board of education of newly-formed district; membership. {#sec-18a-8-47 omnilex-key=us-nj-statutes--title-18a--18A:8-47}

5. a. If the district with which the non-operating district is merged is a Type II district without a board of school estimate, except as otherwise provided in this subsection, the new district established pursuant to section 2 of this act shall have a board of education with the same number of members as the board of education of the district with which the non-operating district has been merged. The members of the board of education of the district with which the non-operating district has been merged shall continue in office as members of the first board of education of the new district until the expiration of the respective terms for which they were elected.

In any year in which the term of a member of the board of education of the new district expires, his successor shall be elected at-large by the voters of the new district.

The executive county superintendent shall, not later than 30 days after the merger of the districts, appoint one member of the board of education of the former non-operating district to the board of the new district, who shall serve until the first Monday succeeding the first annual school election in which a member of the board of education of the new district is elected at-large; except that if the former non-operating district had representation on the board of education of the district with which it has been merged pursuant to section 2 of P.L.1995, c.8 (C.18A:38-8.2), then that representative shall be the person appointed by the executive county superintendent. The member appointed by the executive county superintendent shall be a voting member of the board.

b. If the district with which the non-operating district is merged is a Type I district, the new district shall have a board of education with the same number of members as the board of education of the district with which the non-operating district has been merged plus one additional member. The mayor or other chief executive officer of the municipality in which the former non-operating district is located shall appoint the one additional member.

c. If the district with which the non-operating district is merged is a regional district, the former non-operating district shall be treated as a constituent district of the regional district and the membership of the board of education of the new district shall be in accordance with the provisions of chapter 13 of Title 18A of the New Jersey Statutes.

##### **§ 18A:8-48** Eligibility of nonpublic school students for transportation. {#sec-18a-8-48 omnilex-key=us-nj-statutes--title-18a--18A:8-48}

6. In the event that nonpublic school students who reside in a municipality that comprises the new district were not eligible for pupil transportation services pursuant to N.J.S.18A:39-1 prior to the effective date of P.L.2009, c.78 (C.18A:8-43 et al.), then any nonpublic school student in that municipality shall be ineligible for pupil transportation services following the merger pursuant to section 2 of this act.

##### **§ 18A:8-49** Final audit of non-operating district's accounts. {#sec-18a-8-49 omnilex-key=us-nj-statutes--title-18a--18A:8-49}

7. a. The board of education of the district with which the non-operating district is merged shall cause a final audit of the non-operating district's accounts and financial transactions to be made by a public school accountant pursuant to N.J.S.18A:23-1 et seq., and shall provide for the liquidation of the assets of the non-operating district. The non-operating district shall be responsible for the costs of the final audit which shall be payable from the district's accounts prior to the liquidation of the assets. Upon completion of the liquidation, any cash balances, including any remaining reserve balances, shall be paid to the municipal governing body of the municipality in which the former non-operating district is located, and any indebtedness shall be the responsibility of that municipal governing body.

b. Upon the elimination of a non-operating district pursuant to section 2 of this act, the books, documents, and records of that district shall be turned over to the board of education of the new district.

c. Upon the elimination of a non-operating district pursuant to section 2 of this act, the municipal governing body of the municipality in which the former non-operating district is located shall take title to and control of all school grounds and buildings, unless the deed on the school grounds and building directs otherwise, and the furnishings and equipment therein, situated in the municipality.

##### **§ 18A:8-50** Governing of new district. {#sec-18a-8-50 omnilex-key=us-nj-statutes--title-18a--18A:8-50}

8. Unless otherwise provided in this act, a new district formed pursuant to section 2 of this act shall be governed by the provisions of chapter 13 of Title 18A of the New Jersey Statutes.

##### **§ 18A:8-51** Construction of act. {#sec-18a-8-51 omnilex-key=us-nj-statutes--title-18a--18A:8-51}

9. Nothing in this act shall be construed to prohibit an executive county superintendent from including a former non-operating district in the consolidation plan submitted by the executive county superintendent to the commissioner pursuant to subsection h. of N.J.S.18A:7-8.

## **Chapter 9** {#struct-chapter-9}

##### **§ 18A:9-1** Classification of school districts {#sec-18a-9-1 omnilex-key=us-nj-statutes--title-18a--18A:9-1}

School districts shall be classified as type I and type II school districts, except that the State board may, by administrative order pursuant to its authority under section 15 of P.L. 1975, c. 212 (C. 18A:7A-15), create a State-operated school district.

##### **§ 18A:9-2** Districts included in type I districts {#sec-18a-9-2 omnilex-key=us-nj-statutes--title-18a--18A:9-2}

Type I districts shall include--

a. Every local school district hereafter established in a city, or in a municipality other than a city which shall become a city, except a municipality in which the provisions of section 18A:9-3 shall be accepted;

b. Every local school district which was governed, immediately preceding the effective date of this title, by chapter 6 of Title 18 of the Revised Statutes; and

c. Every local school district in which the provisions of this section shall be accepted;

and such district shall be subject to the provisions of this title relating to type I districts.

##### **§ 18A:9-3** Districts included in type II districts {#sec-18a-9-3 omnilex-key=us-nj-statutes--title-18a--18A:9-3}

Type II school districts shall include--

a. Local school districts as follows:

1. Every local school district hereafter established in a municipality other than a city, or in a city which shall become a municipality other than a city, except a municipality in which the provisions of section 18A:9-2 shall be accepted;

2. Every local school district which was governed, immediately preceding the effective date of this title, by chapter 7 of Title 18 of the Revised Statutes;

3. Every local school district in which the provisions of this section shall be accepted; and

4. Every consolidated local school district.

b. Every regional school district;

and such district shall be subject to the provisions of this title relating to type II districts except as otherwise so provided in the case of regional districts.

##### **§ 18A:9-4** Type I districts; reclassification; resolution or petition for submission; frequency. {#sec-18a-9-4 omnilex-key=us-nj-statutes--title-18a--18A:9-4}

The question of the acceptance of section 18A:9-2 of this title, in any local school district governed by section 18A:9-3 of this title, except a consolidated school district, or of the acceptance of section 18A:9-3 of this title in any local school district governed by section 18A:9-2 of this title, shall be submitted to the legal voters of such district whenever the governing body of the municipality constituting such district or the board of education of any type I districts, shall by resolution so direct, or whenever a petition, signed by not less than 15% of the number of legally qualified voters who voted in such district at the last preceding general election held for the election of all of the members of the general assembly, shall be filed with the clerk of such municipality. No resolution may be adopted and no petition may be filed for the submission of the question of acceptance of N.J.S.18A:9-2 or N.J.S.18A:9-3, as the case may be, within four years after an election shall have been held pursuant to any resolution adopted, or petition filed, pursuant to this section or N.J.S.18A:9-6.

##### **§ 18A:9-5** Type I districts; submission of reclassification question; frequency. {#sec-18a-9-5 omnilex-key=us-nj-statutes--title-18a--18A:9-5}

The clerk of the municipality shall in either case cause said question to be submitted at the next municipal or general election which will be held in the municipality following the expiration of 35 days from the date of the adoption of the resolution or the filing of the petition, whichever shall first occur, except that the clerk shall not cause the question to be submitted if a similar question was submitted at an election within the previous four years.

##### **§ 18A:9-6** Type II districts; reclassification; resolution or petition; submission; frequency. {#sec-18a-9-6 omnilex-key=us-nj-statutes--title-18a--18A:9-6}

Except as provided below, if the board of education of a type II local school district shall so determine by resolution, or if a petition is filed with the board requesting the submission of the question to the voters, signed by 15% or more of the number of legally qualified voters who voted in the district at the last preceding general election held for the election of all of the members of the general assembly, the question shall be submitted to the voters of the district at the next annual school election of the district which will be held at least 15 days after the adoption of the resolution or the filing of the petition but if in the petition it is requested that the question be submitted at a special school election and the first annual school election to be held in the district after the petition is filed will be held less than 20 days or more than 50 days thereafter, the board shall forthwith call a special school election in the district, for the submission of the question, to be held not more than 50 days after the filing of the petition. No resolution may be adopted and no petition may be filed for the submission of the question of acceptance of N.J.S.18A:9-2 within four years after an election shall have been held pursuant to any resolution adopted, or petition filed, pursuant to this section or N.J.S.18A:9-4.

##### **§ 18A:9-7** Vote for adoption of question {#sec-18a-9-7 omnilex-key=us-nj-statutes--title-18a--18A:9-7}

If a majority of the votes cast for and against the adoption of the question are cast for the adoption of the question, the district shall be governed by the provisions of the section of this title named in the question as hereinafter provided.

##### **§ 18A:9-8** Type I districts; effective date of change {#sec-18a-9-8 omnilex-key=us-nj-statutes--title-18a--18A:9-8}

If the voters of the district shall so elect that the district shall become a type I district, the district shall be governed by the provisions of this title relating to type I districts after January 31 next ensuing, unless the district be established in a city of the first class, in which case it shall be so governed after June 30 next ensuing, and the terms of the members of the board of education in office at the time of said election shall continue to and cease upon such January 31 or such June 30, as the case may be.

##### **§ 18A:9-9** Type II districts; effective date of change {#sec-18a-9-9 omnilex-key=us-nj-statutes--title-18a--18A:9-9}

If the voters of the district shall so elect that the district shall become a type II district, it shall thereafter be governed by the provisions of this title relating to type II districts, and the members of the board of education in office at the time of the election shall continue in office until the expiration of their respective terms and the qualification in office of their respective successors.

##### **§ 18A:9-10** Electing additional board members. {#sec-18a-9-10 omnilex-key=us-nj-statutes--title-18a--18A:9-10}

If the membership of the board in any such district so becoming a type II district is less than nine, it shall be increased to nine by the election of added members at the next annual school election, unless the adopting election shall have been held more than 130 days or less than 60 days before the date fixed for such annual school election, in which case they shall be elected at a special school election which shall be called by the members of the board so holding over.

##### **§ 18A:9-11** Type II districts; terms of additional board members {#sec-18a-9-11 omnilex-key=us-nj-statutes--title-18a--18A:9-11}

The terms of the members so to be elected shall be so arranged by the members of the board holding over that as soon as possible the term of each member of the board shall be three years and the terms of three members shall expire in each year.

## **Chapter 10** {#struct-chapter-10}

##### **§ 18A:10-1** Conduct of districts {#sec-18a-10-1 omnilex-key=us-nj-statutes--title-18a--18A:10-1}

The schools of each school district shall be conducted, by and under the supervision of a board of education, which shall be a body corporate and which shall be constituted and governed, as provided by this title, for a type I, type II or regional school district, as the case may be, but the State board pursuant to an administrative order issued by authority of section 15 of P.L. 1975, c. 212 (C. 18A:7A-15) may create a State-operated school district which shall be conducted by a State district superintendent.

##### **§ 18A:10-2** Name {#sec-18a-10-2 omnilex-key=us-nj-statutes--title-18a--18A:10-2}

Each board of education of a local district shall be known as the board of education of (naming the municipality) in the county of and each board of education of a regional district shall be known as provided in chapter 13 of this title.

##### **§ 18A:10-3** Annual organization. {#sec-18a-10-3 omnilex-key=us-nj-statutes--title-18a--18A:10-3}

Each board of education shall organize annually at a regular meeting held not later than at 8 p.m. at which time new members shall be sworn into office:

a. In Type I districts on May 16, or on the following day if that day be Sunday.

b. In all Type II districts with an April school election on any day from May 1 through May 7, inclusive.

c. In all Type II districts with a November school election on any day from January 1 through January 7, inclusive.

If the organization meeting cannot take place on that day by reason of lack of a quorum or for any other reason, said meeting shall be held within three days thereafter.

In all Type II districts with an April school election, member terms shall begin on May 1st and end on April 30th. In all Type II districts with a November school election, member terms shall begin on January 1st and end on December 31st.

A board shall not conduct a meeting, except for the organization meeting, between January 1 and the organization date for Type II districts with a November school election and May 1 and the organization date for Type II districts with an April school election, respectively, unless a meeting is needed in order to deal with a matter of such urgency and importance as set forth in section 4 of P.L.1975, c.231 (C.10:4-9). If such a meeting is needed, a board shall ensure that all newly elected members present are sworn into office prior to conducting business.

In the event that a district opts to move its annual election date from November to April, member terms shall be shortened accordingly.

##### **§ 18A:10-4** Secretary to give notice of meeting {#sec-18a-10-4 omnilex-key=us-nj-statutes--title-18a--18A:10-4}

It shall be the duty of the secretary of the board to give notice of the first regular meeting accordingly.

##### **§ 18A:10-5** Organization meeting as business meeting {#sec-18a-10-5 omnilex-key=us-nj-statutes--title-18a--18A:10-5}

The organization meeting shall constitute a regular meeting of the board for the transaction of business.

##### **§ 18A:10-6** Board meetings public; frequency; hours of commencement; adjournment, etc., for lack of quorum {#sec-18a-10-6 omnilex-key=us-nj-statutes--title-18a--18A:10-6}

All board meetings shall be public and each board shall hold a meeting at least once every two months during the period in which the schools in the district are in session.

All meetings shall be called to commence not later than eight P.M. of the designated day but, if a quorum be not present at the time for which the meeting is called, the member or members present may recess the meeting to a time not later than nine P.M. of said day and, if no quorum be present at that time, the member or members present may adjourn the meeting to commence not later than eight P.M. of another day, not more than seven days following the date for which the original meeting was called, but no further recess or adjournment of the meeting shall be made.

Public announcements of time and day to which any meeting is so recessed or adjourned shall be made at the time of the recess or adjournment.

##### **§ 18A:10-7** Semiannual meetings of boards in county {#sec-18a-10-7 omnilex-key=us-nj-statutes--title-18a--18A:10-7}

The boards of education of each county shall meet together semiannually at times and places fixed by the county superintendent.

## **Chapter 11** {#struct-chapter-11}

##### **§ 18A:11-1** General mandatory powers and duties {#sec-18a-11-1 omnilex-key=us-nj-statutes--title-18a--18A:11-1}

The board shall--

a. Adopt an official seal;

b. Enforce the rules of the state board;

c. Make, amend and repeal rules, not inconsistent with this title or with the rules of the state board, for its own government and the transaction of its business and for the government and management of the public schools and public school property of the district and for the employment, regulation of conduct and discharge of its employees, subject, where applicable, to the provisions of Title 11, Civil Service, of the Revised Statutes; and

d. Perform all acts and do all things, consistent with law and the rules of the state board, necessary for the lawful and proper conduct, equipment and maintenance of the public schools of the district.

##### **§ 18A:11-2** Power to sue and be sued; reports; census of school children {#sec-18a-11-2 omnilex-key=us-nj-statutes--title-18a--18A:11-2}

The board may--

a. Sue or be sued by its corporate name and likewise submit to arbitration and determination disputes and controversies in the manner provided by law;

b. Cause a report of the condition of the public schools and the public school property under its control and an itemized account of the condition of the finances of the district to be printed and published as soon as practicable after the close of each school year;

c. Cause an exact census to be taken annually of all children residing in the district between the ages of five and 18 years, including such other information as the board may deem necessary or proper and, appoint for the purpose of taking said census, as many suitable persons as may be necessary to act as enumerators and fix their compensation, which compensation shall be paid as a current expense.

##### **§ 18A:11-3** Voluntary associations regulating conduct of student activities; membership; rules and regulations; appeals {#sec-18a-11-3 omnilex-key=us-nj-statutes--title-18a--18A:11-3}

A board of education may join one or more voluntary associations which regulate the conduct of student activities between and among their members, whose membership may include private and public schools. Any such membership shall be by resolution of the board of education, adopted annually. No such voluntary association shall be operative without approval of its charter, constitution, bylaws, and rules and regulations by the Commissioner of Education. Upon the adoption of said resolution the board, its faculty, and students shall be governed by the rules and regulations of that association. The said rules and regulations shall be deemed to be the policy of the board of education and enforced first by the internal procedures of the association. In matters involving only public school districts and students, faculty, administrators and boards thereof, appeals shall be to the commissioner and thereafter the Superior Court. In all other matters, appeals shall be made directly to the Superior Court. The commissioner shall have authority to direct the association to conduct an inquiry by hearing or otherwise on a particular matter or alternatively, direct that particular matter be heard directly by him. The association shall be a party to any proceeding before the commissioner or in any court.

##### **§ 18A:11-3.1** Definitions relative to public school district participation in certain voluntary associations which oversee sports activities. {#sec-18a-11-3.1 omnilex-key=us-nj-statutes--title-18a--18A:11-3.1}

1. a. As used in this section:

"CPI" means the average annual increase, expressed as a decimal, in the consumer price index for the New York City and Philadelphia areas during the fiscal year preceding the prebudget year as reported by the United States Department of Labor.

b. A public school district shall not join pursuant to section 1 of P.L.1979, c.172 (C.18A:11-3), any voluntary association which oversees activities associated with Statewide interscholastic sports programs if:

(1) the association charges a cable television company an increased licensing fee, rate, assessment or other consideration for the broadcast of playoff games over local access or local originating channels, or both, compared to the licensing fee, rate, assessment or other consideration charged by the district for the broadcast of regular season games over local access or local originating channels, or both;

(2) the association requires increased ticket prices for attendance at playoff games compared to regular season games unless the increased ticket prices are required to offset event-related expenses including, but not limited to, rental, staffing, security, or insurance costs. If increased ticket prices are required to offset event-related expenses at a playoff game held at a public school, a public school district shall not join an association that increases adult ticket prices at that playoff game by more than 300 percent of the cost of a regular season adult ticket charged for a comparable event at the school district where the playoff game is held.

The association shall provide for discounted prices on student tickets for playoff games due to economic hardship, as determined by the principal of the school in which the student is enrolled. The association may provide discounted ticket prices for other groups as deemed necessary by the association in consultation with the school district where the playoff game is held.

The association shall file playoff game ticket prices with the Commissioner of Education no later than 60 days prior to the scheduled playoff game, except that the association may subsequently file adjusted playoff game ticket prices with the commissioner no later than 30 days prior to the scheduled playoff game;

(3) the association charges a membership fee for the 2009-2010 school year which exceeds the membership fee for the 2008-2009 school year multiplied by 1 plus the CPI, and in any subsequent school year charges a membership fee that exceeds the prior school year fee multiplied by 1 plus the CPI, unless the Commissioner of Education deems a greater increase in the membership fee is necessary;

(4) the association charges members an entry fee for teams or individuals competing in playoff games for the 2009-2010 school year which exceeds the entry fee for the 2008-2009 school year multiplied by 1 plus the CPI, and in any subsequent school year charges members an entry fee that exceeds the prior school year fee multiplied by 1 plus the CPI, unless the Commissioner of Education deems a greater increase in the entry fee is necessary; or

(5) the association charges members any assessment in addition to the membership fee, unless the Commissioner of Education deems an additional assessment is necessary.

c. If any provision of this section is determined by the Commissioner of Education to jeopardize the amateur status of the student-athlete, that provision shall be null and void.

##### **§ 18A:11-3.2** Findings, declarations relative to adapted athletic programs. {#sec-18a-11-3.2 omnilex-key=us-nj-statutes--title-18a--18A:11-3.2}

1. The Legislature finds and declares that high school athletics often serve an integral role in the development of students. In addition to providing healthy forms of exercise, high school athletics foster friendships and camaraderie while promoting sportsmanship and fair play and instill the value of competition. The benefits and values of participating in high school athletics should be actively promoted and made available to all students, regardless of cognitive or physical limitations.

##### **§ 18A:11-3.3** Interscholastic adapted athletic programs. {#sec-18a-11-3.3 omnilex-key=us-nj-statutes--title-18a--18A:11-3.3}

2. The New Jersey State Interscholastic Athletic Association, in consultation with the American Association of Adapted Sports Programs, shall establish interscholastic athletic programs adapted for participation by student-athletes with physical disabilities or visual impairments who are participating in an adapted athletic program developed by a school district. The New Jersey State Interscholastic Athletic Association shall require any coach of an adapted athletic program to receive training specific to that program.

##### **§ 18A:11-3.4** Dissemination of certain information to student-athletes. {#sec-18a-11-3.4 omnilex-key=us-nj-statutes--title-18a--18A:11-3.4}

1. A school district or nonpublic school that participates in Statewide interscholastic sports programs sanctioned by the New Jersey State Interscholastic Athletic Association shall annually disseminate to each student enrolled in the district or nonpublic school who participates in interscholastic athletics the National Collegiate Athletic Association's freshman eligibility standards for participation in collegiate athletics.

##### **§ 18A:11-3.5** Findings, declarations relative to athletic activities of students with disabilities. {#sec-18a-11-3.5 omnilex-key=us-nj-statutes--title-18a--18A:11-3.5}

1. The Legislature finds and declares that:

a. The United States Government Accountability Office issued a report in June 2010 that underscored that access to, and participation in, extracurricular athletic opportunities provide important health and social benefits to all students, particularly those with disabilities, including socialization, improved teamwork and leadership skills, and fitness. Unfortunately, the report found that students with disabilities are not being afforded an equal opportunity to participate in extracurricular athletics in public elementary and secondary schools.

b. The United States Department of Education, Office for Civil Rights, issued guidance on January 25, 2013, which clarifies existing legal obligations of school districts to provide equal access to extracurricular athletic activities to students with disabilities and urges school districts to work with community organizations to increase athletic opportunities for students with disabilities in club, intramural, and interscholastic athletic programs.

c. Students with intellectual, developmental, physical, and other forms of disabilities should consistently have opportunities to participate in athletics equal to those of other students, which is in keeping with school district responsibilities under section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.s.794, regarding the provision of extracurricular activities.

##### **§ 18A:11-3.6** Definitions relative to athletic activities of students with disabilities. {#sec-18a-11-3.6 omnilex-key=us-nj-statutes--title-18a--18A:11-3.6}

2. As used in this act:

"Adapted program" means a program that is developed for a student with a disability.

"Athletic program" means a club, intramural, or interscholastic athletic activity that is developed and offered to students by the school district.

"Physical education program" means the physical education program of the school district.

"Student with a disability" means a student who meets the definition of a "handicapped person" as defined in 45 C.F.R.s.84.3 (j).

"Unified sports program" means an athletic program that combines individuals with disabilities and individuals without disabilities.

##### **§ 18A:11-3.7** Obligations of school district, exceptions. {#sec-18a-11-3.7 omnilex-key=us-nj-statutes--title-18a--18A:11-3.7}

3. a. Each school district shall, subject to the provisions of subsection b. of this section:

(1) ensure that a student with a disability has an equal opportunity to: participate in physical education programs; participate in existing classroom activities that involve physical activity; and try out for and, if selected, participate in athletic programs in an integrated manner to the maximum extent appropriate to the needs of the student; and

(2) ensure the provision of reasonable modifications or aids or services necessary to provide a student with a disability an equal opportunity to participate in physical education programs, existing classroom activities that involve physical activity, and athletic programs as set forth in paragraph (1) of this subsection in an integrated manner to the maximum extent appropriate to the needs of the student.

b. An exception to the requirements under subsection a. of this section may be made when the inclusion of a student with a disability:

(1) presents an objective health or safety risk to the student or to others, based on an individualized assessment of the student; or

(2) fundamentally alters the nature of the physical education program or athletic program in accordance with the "Americans with Disabilities Act of 1990," 42 U.S.C. s.12101 et seq. and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. s.794.

##### **§ 18A:11-3.8** Reasonable efforts when exception applies. {#sec-18a-11-3.8 omnilex-key=us-nj-statutes--title-18a--18A:11-3.8}

4. In the event that an exception applies under subsection b. of section 3 of this act, a school district, in consultation with students, parents, community members, and advocacy groups, shall make reasonable efforts to provide a student with a disability the opportunity to participate in existing adapted or unified sports programs facilitated by community organizations, such as the Special Olympics New Jersey. A school district may develop such programs on a school, district, regional, or county basis. The provision of an adapted program or a unified sports program for a student with a disability shall not mitigate the responsibility of the school district to provide a student with a disability an equal opportunity to participate in programs and activities in accordance with section 3 of this act.

##### **§ 18A:11-3.9** Interscholastic athletic programs for certain student-athletes with disabilities. {#sec-18a-11-3.9 omnilex-key=us-nj-statutes--title-18a--18A:11-3.9}

5. The New Jersey State Interscholastic Athletic Association, in consultation with Special Olympics New Jersey and any other adapted sports organizations, may establish interscholastic athletic programs for student-athletes with intellectual or developmental disabilities who are participating in a unified sports program of athletics developed by a school district. The New Jersey State Interscholastic Athletic Association may require any coach of a unified sports program of athletics to receive training specific to that program.

##### **§ 18A:11-3.10** "Heat Participation Policy." {#sec-18a-11-3.10 omnilex-key=us-nj-statutes--title-18a--18A:11-3.10}

1. A school district which is a member of any voluntary association, pursuant to section 1 of P.L.1979, c.172 (C.18A:11-3), which oversees activities associated with Statewide interscholastic sports programs shall:

a. Adopt the "Heat Participation Policy" required by the New Jersey State Interscholastic Athletic Association for conducting practice or games in all sports during times of high heat or humidity. The association's policy shall address:

(1) the scheduling of practice or games during times of various heat and humidity levels;

(2) the ratio of time devoted to workouts to time allotted for rest and hydration during various heat and humidity levels; and

(3) the heat and humidity levels at which practice or games will be canceled.

The guidelines included in the association's policy shall provide a default policy to those responsible or sharing duties for making decisions concerning the implementation of modifications or cancellation of practices or games based on the presence of heat and humidity.

b. Purchase a WetBulb Globe Temperature (WBGT) tool to measure the heat stress in direct sunlight at the practice or game site. Heat stress consists of temperature, humidity, wind speed, the angle of the sun, and cloud coverage.

A school district shall adopt the association's policy concerning the frequency and recording of WetBulb Globe Temperature (WBGT) measurements.

##### **§ 18A:11-4** Minutes of meetings of associations overseeing interscholastic sports programs; report {#sec-18a-11-4 omnilex-key=us-nj-statutes--title-18a--18A:11-4}

The minutes of every meeting of any association functioning under this act which shall oversee activities associated with statewide interscholastic sports programs in this State shall be transmitted by and under certification thereof to the commissioner or his designee who shall acknowledge the receipt of the minutes by his signature. The commissioner or his designee shall prepare a report detailing all programs and fiscal activities of the Statewide associations and such other associations functioning under this act as he feels may be necessary. This report shall be based upon annual reports submitted to him by the associations operating under this act and shall detail any developments contrary to the public interest and shall indicate whether or not the intent of the Legislature in its grant of statutory authority to boards of education to join such associations is faithfully being executed.

##### **§ 18A:11-5** Effective date of amendments to charter, constitution, bylaws, rules or regulations of association; disapproval of amendments {#sec-18a-11-5 omnilex-key=us-nj-statutes--title-18a--18A:11-5}

Any amendment to the charter, constitution, bylaws, rules or regulations of the association shall be effective not less than 20 days after its submission to the commissioner. No such amendment shall take effect if the commissioner in said 20-day period returns to the secretary of the association his disapproval of the amendment.

##### **§ 18A:11-6** Liability of association, conference, employee {#sec-18a-11-6 omnilex-key=us-nj-statutes--title-18a--18A:11-6}

Notwithstanding the provisions of P.L.1952, c. 335 (C. 2A:53A-1 et seq.), P.L.1973, c. 146 (C. 2A:15-5.1 et seq.) or any other law to the contrary, in any case where a voluntary association as provided by P.L.1979, c. 172 (C. 18A:11-3 et seq.), any athletic conference operating under the jurisdiction of that association or any employee of the association or conference acting within the scope of his employment is determined to be a tortfeasor in any cause of action along with one or more other tortfeasors, the association, conference or employee shall be liable for no more than that percentage share of the damages which is equal to the percentage of the negligence attributable to that association, conference or employee. In any case where the voluntary association, conference or employee is determined to be a joint tortfeasor, the voluntary association, conference or employee shall be required to contribute to a joint tortfeasor only to the extent of the recovery provided for under this section.

##### **§ 18A:11-7** Findings, declarations relative to school dress codes {#sec-18a-11-7 omnilex-key=us-nj-statutes--title-18a--18A:11-7}

1. The Legislature finds and declares that many educators believe that school dress can significantly influence pupil behavior and that schools that have adopted dress codes, including dress codes which require school uniforms and which prohibit clothing indicating membership in certain gangs, experience greater school pride and improved behavior in and out of the classroom. The Legislature further finds that to assist in controlling the environment in public schools, to facilitate and maintain an effective learning environment, and to keep the focus of the classroom on learning, school districts should be specifically authorized to implement uniform clothing requirements for their students.

##### **§ 18A:11-8** Adoption of dress code policy for schools permitted {#sec-18a-11-8 omnilex-key=us-nj-statutes--title-18a--18A:11-8}

2. a. A board of education may adopt a dress code policy to require that students wear a school uniform if the policy is requested by the principal, staff and parents of an individual school and if the board determines that the policy will enhance the school learning environment. Any policy adopted which requires the wearing of a uniform shall include a provision to assist economically disadvantaged students. The board shall hold a public hearing prior to the adoption of the policy and shall not implement the policy with less than three months' notice to the parents or guardians of the students. The specific uniform selected shall be determined by the principal, staff, and parents of the individual school.

b. The board of education may provide a method whereby parents may choose not to comply with an adopted school uniform policy. If the board provides such a method, a student shall not be penalized academically or otherwise discriminated against nor denied admittance to school if the student's parents choose not to comply with the school uniform policy.

c. A dress code policy adopted pursuant to this section shall not preclude students who participate in a nationally recognized youth organization which is approved by the board of education from wearing organization uniforms to school on days that the organization has scheduled a meeting.

##### **§ 18A:11-9** Prohibition of gang-related apparel. {#sec-18a-11-9 omnilex-key=us-nj-statutes--title-18a--18A:11-9}

3. A board of education may adopt a dress code policy to prohibit students from wearing, while on school property, any type of clothing, apparel or accessory which indicates that the student has membership in, or affiliation with, any gang associated with criminal activities. The local law enforcement agency shall advise the board, upon its request, of gangs which are associated with criminal activities.

##### **§ 18A:11-10** Board of Education may receive property for awarding scholarships. {#sec-18a-11-10 omnilex-key=us-nj-statutes--title-18a--18A:11-10}

2. Any board of education may accept, receive, add to and hold in trust real or personal property, heretofore or hereafter acquired by inter vivos or testamentary gift, for the purpose of awarding scholarships to students for higher education in colleges, universities and graduate schools, whether located within or without this State, upon such terms and conditions, not inconsistent with this section, as may be imposed by the donor of the property. The board shall, by resolution, provide for the acceptance, application, custody and management of property donated to it for higher education scholarship purposes.

##### **§ 18A:11-11** Public notice required for alteration of contract terms of certain employees. {#sec-18a-11-11 omnilex-key=us-nj-statutes--title-18a--18A:11-11}

5. A board of education shall not renegotiate, extend, amend, or otherwise alter the terms of a contract with a superintendent of schools, assistant superintendent of schools, or school business administrator, unless notice is provided to the public at least 30 days prior to the scheduled action by the board. The board shall also hold a public hearing and shall not take any action on the matter until the hearing has been held. The board shall provide the public with at least 10 days' notice of the public hearing.

##### **§ 18A:11-12** Definitions relative to travel; travel policy; procedures; compliance. {#sec-18a-11-12 omnilex-key=us-nj-statutes--title-18a--18A:11-12}

15. a. As used in this section:

(1) "Travel expenditures" means those costs paid by the school district using local, State, or federal funds, whether directly by the school district or by employee reimbursement, for travel by school district employees and district board of education members, to the following four types of travel events:

(a) "training and seminars" which means all regularly scheduled, formal residential or non-residential training functions, conducted at a hotel, motel, convention center, residential facility, or at any educational institution or facility;

(b) "conventions and conferences" which means general programs, sponsored by professional associations on a regular basis, which address subjects of particular interest to a school district or are convened to conduct association business. The primary purpose of employee attendance at conferences and conventions is the development of new skills and knowledge or the reinforcement of those skills and knowledge in a particular field related to school district operations. These are distinct from formal staff training and seminars, although some training may take place at such events;

(c) "regular school district business" which means all regular official business travel, including attendance at meetings, conferences and any other gatherings which are not covered by the definitions included in subparagraphs (a) and (b) of this paragraph;

(d) "retreats" which mean meetings with school district employees and school board members, held away from the normal work environment at which organizational goals and objectives are discussed. If available, school district facilities shall be utilized for this type of event.

(2) School district travel expenditures include, but are not limited to, all costs for transportation, meals, lodging, and registration or conference fees to and for the travel event.

(3) School district travel expenditures include costs for all required training and all travel authorized in existing school district employee contracts and school board policies. This includes, but is not limited to, required professional development and other staff training, required training for new school board members, and attendance at specific conferences authorized in existing employee contracts.

(4) A school district shall not bear costs for car rentals, limousine services, and chauffeuring costs to or during the event, as well as costs for employee attendance for coordinating other attendees' accommodations at the travel event.

b. A board of education shall implement a policy and procedures pertaining to travel expenditures for its employees and school board members that are in accordance with the provisions of this section.

c. A board of education shall ensure through its policy and procedures that all travel by its employees and board members is educationally necessary and fiscally prudent, and shall include the requirement that all school district travel expenditures are:

(1) directly related to and within the scope of the employee's or board member's current responsibilities and, for school district employees, the school district's professional development plan;

(2) for travel that is critical to the instructional needs of the school district or furthers the efficient operation of the school district; and

(3) in compliance with State travel payment guidelines as established by the Department of the Treasury and with guidelines established by the federal Office of Management and Budget; except that those guidelines that conflict with the provisions of Title 18A of the New Jersey Statutes shall not be applicable, including, but not limited to, the authority to issue travel charge cards. The board of education shall specify in its travel policy the applicable restrictions and requirements set forth in the State and federal guidelines including, but not limited to, types of travel, methods of transportation, mileage allowance, subsistence allowance, and submission of supporting documentation including receipts, checks or vouchers.

d. A board of education shall include in its travel policy a requirement for the employee or board member to submit to an appropriate party as designated, and within a timeframe specified by the board's policy, a brief report that includes the primary purpose for the travel and the key issues that were addressed at the event and their relevance to improving instruction or the operation of the school district.

e. A board of education shall require in its travel policy that detailed documentation be maintained on file in the school district which demonstrates compliance with the school board's travel policy including travel approvals, reports, and receipts for all school district funded expenditures, as appropriate.

f. For employees, a board of education shall require in its policy that travel occur only upon prior written approval of the chief school administrator and prior approval by a majority of the full voting membership of the board.

For regular business travel only, a school board may authorize in its travel policy an annual maximum amount per employee for regular business travel for which school board approval is not required.

g. For board members, a board of education shall require in its policy that travel occur only upon prior approval by a majority of the full voting membership of the board and that the travel be in compliance with section 4 of P.L.1991, c.393 (C.18A:12-24) and section 5 of P.L.2001, c.178 (C.18A:12-24.1).

h. A school board may also approve, at any time prior to the event, travel for multiple months as long as the school board approval, as detailed in school board minutes, itemizes the approval by event, total cost, and number of employees and school board members attending the event. General or blanket pre-approval for travel is not authorized. Approval shall be itemized by event, event total cost, and number of employees and school board members attending the event.

i. A board of education shall state in its policy that travel payments will be paid only upon compliance with this section and the school board's policy provisions and approval requirements. The policy shall state that the school board will not ratify or approve payments or reimbursements for travel after completion of the travel event.

j. An employee of the school board, a school board member, or organization, shall not receive an amount for travel and travel-related expenses in advance of the travel pursuant to N.J.S.18A:19-1 et seq.

k. A board of education shall require in its policy that a board member recuse himself from voting on travel if the board member, a member of his immediate family, or a business organization in which he has an interest, has a direct or indirect financial involvement that may reasonably be expected to impair his objectivity or independence of judgment.

l. A board of education shall require in its policy that a board member shall not: act in his official capacity in any matter in which he or a member of his immediate family has a personal involvement that is or creates some benefit to the school official or member of his immediate family; or undertake any employment or service, whether compensated or not, which may reasonably be expected to prejudice his independence of judgment in the execution of his official duties.

m. A board of education may, in its policy, exclude from the requirements of prior school board approval pursuant to subsection f. of this section any travel caused by or subject to contractual provisions, other statutory requirements, or federal regulatory requirements. The school board may not exclude such travel from the subsistence requirements pursuant to subsections n. and o. of this section and the annual maximum travel expenditure amount pursuant to subsection p. of this section.

n. A board of education shall provide in its policy that one-day trips that do not involve overnight lodging are not eligible for a subsistence payment or reimbursement except in limited circumstances authorized in Department of the Treasury guidelines.

o. A board of education shall provide in its policy that overnight travel is eligible for a subsistence payment or reimbursement as authorized in Department of the Treasury guidelines, except as otherwise superseded by the following:

(1) per diem payment or reimbursement for lodging and meals will be actual reasonable costs, not to exceed the federal per diem rates as established in the federal register for the current year;

(2) lodging expenses may exceed the federal per diem rates if the hotel is the site of the convention, conference, seminar or meeting and the going rate of the hotel is in excess of the federal per diem rates. If the hotel at the site of the convention, conference, seminar, or meeting is no longer available, lodging may be paid for similar accommodations at a rate not to exceed the hotel rate for the event;

(3) receipts are required for hotel expenses. Meal expenses under the federal per diem allowance limits do not require receipts;

(4) in any case in which the total per diem reimbursement is greater than the federal per diem rate, except as stated in paragraph (2) of this subsection, the costs will be considered to be excessive and shall not be paid by school district funds;

(5) school districts shall patronize hotels and motels that offer special rates to government employees unless alternative lodging offers greater cost benefits; and

(6) payment or reimbursement is approved for the full cost of an official convention meal that the employee or school board member attends, when the meal is scheduled as an integral part of the convention or conference proceedings. If a meal is included in the registration fee, the allowance for the meal is not eligible for reimbursement.

p. Annually in the prebudget year, each district board of education shall establish by school board resolution, a maximum travel expenditure amount for the budget year, which the school district shall not exceed in that budget year. The school board resolution shall also include the maximum amount established for the prebudget year and the amount spent to date.

(1) The maximum school district travel expenditure amount shall include all travel in accordance with this section supported by local and State funds.

(2) A district board of education may elect to exclude travel expenditures to be supported by federal funds in the maximum travel expenditure amount. If federal funds are excluded from the established maximum school district travel expenditure amount, the board of education shall include in the board resolution, the total amount of travel supported by federal funds from the prior year, prebudget year, and projected for the budget year.

q. Each district board of education shall maintain separate accounting for school district travel expenditures as necessary, to ensure compliance with the school district's maximum travel expenditure amount. This may include, but need not be limited to, a separate or offline accounting of such expenditures or expanding the school district's accounting system. The tracking system shall be sufficient to demonstrate compliance with the board's policy and this section, and shall provide auditable information.

r. Any district board of education that violates its established maximum travel expenditure as set forth in subsection p. of this section, or that otherwise is not in compliance with the travel limitations set forth in this section may be subject to sanctions by the commissioner as authorized pursuant to N.J.S.18A:4-23 and N.J.S.18A:4-24, including reduction of State aid in an amount equal to any excess expenditure.

s. A person who approves any travel in violation of the school district's policy or this section shall be required to reimburse the school district in an amount equal to three times the cost associated with attending the event.

An employee or member of the board of education who travels in violation of the school district's policy or this section shall be required to reimburse the school district in an amount equal to three times the cost associated with attending the event.

t. The provisions of this section shall apply to the boards of trustees and employees of charter schools.

##### **§ 18A:11-13** Rules, regulations to effectuate the purposes of C.18A:55-3 et al. {#sec-18a-11-13 omnilex-key=us-nj-statutes--title-18a--18A:11-13}

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 effectuate the purposes of P.L.2007, c.53 (C.18A:55-3 et al.) which shall be effective for a period not to exceed 12 months following the effective date of P.L.2008, c.37 (C.18A:11-13 et al.). 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.

##### **§ 18A:11-14** Findings, declarations relative to summer school tuition. {#sec-18a-11-14 omnilex-key=us-nj-statutes--title-18a--18A:11-14}

1. The Legislature finds and declares that:

a. School districts around the State are feeling the effects of the tough economic climate;

b. Reductions in State aid are requiring boards of education to make drastic cuts in programs and services offered in their school districts;

c. Many school districts have been forced, for example, to eliminate summer school programs, resulting in a decrease Statewide in the availability of these types of programs; and

d. Allowing school districts to charge tuition for those students able to pay for courses provided during the summer session would help school districts ensure that these valuable programs remain available to the students who need them.

##### **§ 18A:11-15** Tuition charge for certain summer courses; terms defined. {#sec-18a-11-15 omnilex-key=us-nj-statutes--title-18a--18A:11-15}

2. a. Notwithstanding any provision of law to the contrary, a board of education may charge tuition for a remedial or advanced course provided during a summer school session to a student who resides in the district in accordance with the following provisions:

(1) for a student from a household with a household income that exceeds the most recent federal poverty guidelines multiplied by 1.85, the district may charge full tuition;

(2) for a student from a household with household income that exceeds the most recent federal poverty guidelines multiplied by 1.30, but is at or below the most recent federal poverty guidelines multiplied by 1.85, the district may charge 75% of the full tuition charged by the board of education;

(3) for a student from a household with a household income that exceeds the most recent federal poverty guidelines, but is at or below the most recent federal poverty guidelines multiplied by 1.30, the district may charge 50% of the full tuition charged by the board of education; and

(4) for a student from a household with a household income at or below the most recent federal poverty guidelines, the district may not charge any tuition.

b. A board of education may charge full tuition to a student who resides in the district for an enrichment course provided during a summer school session, which course carries no credit and is determined by the executive county superintendent of schools to have no direct relationship to the curriculum.

c. A board of education may charge tuition for a remedial, advanced, or enrichment course provided during a summer school session to a student who does not reside in the school district, at an amount to be determined by the board.

d. As used in this section:

"Advanced course" means a course or subject not previously taken in an approved school district program for which additional credits or advanced placement may be awarded upon successful completion of the course.

"Enrichment course" means a course or subject of a vocational nature for which no credits are to be awarded.

"Household income" means income as defined in 7 CFR ss.245.2 and 245.6 or any subsequent superseding federal law or regulation.

"Remedial course" means a course or subject that is a review of a course or subject previously taken for which credits or placements may be awarded upon successful completion of the course.

## **Chapter 12** {#struct-chapter-12}

##### **§ 18A:12-1** Qualifications. {#sec-18a-12-1 omnilex-key=us-nj-statutes--title-18a--18A:12-1}

Each member of any board of education shall be a citizen and resident of the district, or of such constituent district of a consolidated or regional district as may be required by law, and shall have been such for at least one year immediately preceding his appointment or election, he shall be able to read and write, shall be registered to vote in the district, and, notwithstanding the provisions of N.J.S.2C:51-1 or any other law to the contrary, he is not disqualified as a voter pursuant to R.S.19:4-1 and has not been convicted of:

any crime of the first or second degree;

an offense as set forth in chapter 14 of Title 2C of the New Jersey Statutes, or as set forth in N.J.S.2C:24-4 and 2C:24-7, or as set forth in R.S.9:6-1 et seq., or as set forth in N.J.S.2C:29-2;

an offense involving the manufacture, transportation, sale, possession, distribution or habitual use of a "controlled dangerous substance" as defined in the "Comprehensive Drug Reform Act of 1987," N.J.S.2C:35-1 et al. or "drug paraphernalia" as defined pursuant to N.J.S.2C:36-1 et seq.;

a crime involving the use of force or the threat of force to or upon a person or property including, but not limited to, robbery, aggravated assault, stalking, kidnapping, arson, manslaughter and murder;

a crime as set forth in chapter 39 of Title 2C of the New Jersey Statutes, a third degree crime as set forth in chapter 20 of Title 2C of the New Jersey Statutes, or a crime as listed below:

Recklessly endangering another person N.J.S.2C:12-2

Terroristic threats N.J.S.2C:12-3

Criminal restraint N.J.S.2C:13-2

Luring, enticing child into motor vehicle,

structure or isolated area P.L.1993, c.291 (C.2C:13-6)

Causing or risking widespread injury

or damage N.J.S.2C:17-2

Criminal mischief N.J.S.2C:17-3

Burglary N.J.S.2C:18-2

Usury N.J.S.2C:21-19

Threats and other improper influence N.J.S.2C:27-3 Perjury and false swearing N.J.S.2C:28-3

Resisting arrest N.J.S.2C:29-2

Escape N.J.S.2C:29-5

Bias intimidation N.J.S.2C:16-1;

any crime of the fourth degree involving a victim who is a minor; or

conspiracy to commit or an attempt to commit any of the aforesaid crimes.

For the purposes of this section, a conviction exists if the individual has been convicted, at any time, under the laws of this State or under any similar statutes of the United States or any other state for a substantially equivalent crime or other offense.

##### **§ 18A:12-1.1** Ineligibility for appointment to paid office or position filled by board {#sec-18a-12-1.1 omnilex-key=us-nj-statutes--title-18a--18A:12-1.1}

No member of a board of education shall, during the term for which he is elected or appointed, be eligible for appointment to any paid office or position required to be filled by the board unless he shall resign or cease to be a member at least 6 months prior to his appointment, except in cases where the office or position is by law required or permitted to be filled by a member of the board.

##### **§ 18A:12-1.2** Criminal history background investigation for board of education members. {#sec-18a-12-1.2 omnilex-key=us-nj-statutes--title-18a--18A:12-1.2}

5. a. Each member of any board of education, within 30 days of election or appointment to that board, shall undergo a criminal history background investigation for the purpose of ensuring that the member is not disqualified from membership due to a conviction of a crime or offense listed in N.J.S.18A:12-1.

b. A member of a board of education shall submit to the Commissioner of Education his or her name, address and fingerprints taken in accordance with procedures established by the commissioner. The Commissioner of Education is hereby authorized to exchange fingerprint data with and receive criminal history record information from the federal Bureau of Investigation and the Division of State Police for use in making the determinations required by this act. A member shall furnish his or her written consent to such a check as a condition of holding the office of school board member. The member shall bear the cost for the criminal history record check, including all costs for administering and processing the check, except that an elected member may use unexpended campaign funds to pay such costs. The board of education may reimburse the member for the cost of the criminal history record check, including all costs for administering and processing the check.

c. The Commissioner of Education is authorized to:

receive all criminal history data necessary to complete the criminal history records check as required pursuant to this section;

receive all data in accordance with this section on charges pending against a member of a board of education who has previously undergone a criminal history records check; and

adjust the fees set by the Department of Education for the criminal history records checks.

d. Upon receipt of the criminal history record information for a member of a board of education from the Federal Bureau of Investigation and the Division of State Police, the Commissioner of Education shall notify the member, in writing, of the member's qualification or disqualification from holding the office of member of a board of education. If the member is disqualified, the convictions which constitute the basis for the disqualification shall be identified in the written notice to the member. The member shall have 14 days from the date of the written notice of disqualification to challenge the accuracy of the criminal history record information. If no challenge is filed or if the determination of the accuracy of the criminal history record information upholds the disqualification, the commissioner shall notify the member's board of education that the member has been disqualified from membership on the board.

e. The commissioner is authorized to share all criminal history record information of a member received from the Federal Bureau of Investigation or the State Bureau of Identification with the appropriate court in order to obtain copies of the judgment of conviction and such other documents as the commissioner deems necessary to confirm the completeness and accuracy of the record.

f. Following qualification for membership on a board of education pursuant to this section, the State Bureau of Identification shall immediately forward to the Commissioner of Education any information which the bureau receives on a charge pending against a member. If the charge is for one of the crimes or offenses enumerated in N.J.S.18A:12-1, the commissioner shall notify the member's board of education, and the board shall take appropriate action. If the pending charge results in conviction, the member shall be disqualified for continued membership.

g. The Commissioner of Education shall permanently maintain the criminal record and application documents on a member of a board of education. All documents submitted by a candidate and all criminal history record information shall be maintained by the commissioner in a confidential manner.

##### **§ 18A:12-1.3** Requiring student representative as nonvoting member of school district board that includes grades nine through 12; procedure; duties. {#sec-18a-12-1.3 omnilex-key=us-nj-statutes--title-18a--18A:12-1.3}

1. a. Notwithstanding any law, rule or regulation to the contrary, each board of education of a school district that includes grades nine through 12 shall include a minimum of one student selected by the student body to serve as a nonvoting student representative on the board. The student body may elect or appoint the student representative to the board, in a process to be determined by the superintendent of a school district and shall consider input provided by the student body. The student representative shall serve for a one school year term.

In the case of a school district that includes more than one high school, the student representative of the board shall rotate each school year among the high schools in the school district.

b. The duties of the student representative shall include:

(1) attending all board meetings, except that a student representative shall be excluded from discussions of the board involving subjects which are confidential;

(2) representing all public high school students within the district and presenting student proposals and concerns to the board for its consideration; and

(3) keeping public high school students informed of the business of the board by providing a monthly report to the student council concerning the activities of the board.

##### **§ 18A:12-2** Inconsistent interests or office prohibited {#sec-18a-12-2 omnilex-key=us-nj-statutes--title-18a--18A:12-2}

No member of any board of education shall be interested directly or indirectly in any contract with or claim against the board, nor, in the case of local and regional school districts, shall he hold office as mayor or as a member of the governing body of a municipality, nor, in the case of county special services school districts and county vocational school districts, shall he hold office as a member of the governing body of a county.

##### **§ 18A:12-2.1** Oaths. {#sec-18a-12-2.1 omnilex-key=us-nj-statutes--title-18a--18A:12-2.1}

Each member of a board of education shall, before entering upon the duties of his office, take and subscribe:

(1) An oath that he possesses the qualifications of membership prescribed by law, including a specific declaration that he is not disqualified as a voter pursuant to R.S.19:4-1 and a specific declaration that he is not disqualified due to conviction of a crime or offense listed in N.J.S.18A:12-1, and that he will faithfully discharge the duties of this office, and also

(2) The oath prescribed by R.S.41:1-3.

In the case of a Type I school district the oath shall be filed with the clerk of the municipality and in all other cases it shall be filed with the secretary of the board of education of the district.

##### **§ 18A:12-2.2** False affirmation, disqualification, fourth degree crime. {#sec-18a-12-2.2 omnilex-key=us-nj-statutes--title-18a--18A:12-2.2}

5. Any member of a board of education who falsely affirms or declares that he is not disqualified as a voter pursuant to R.S.19:4-1, or that he is not disqualified from membership on the board due to conviction of a crime or offense listed in N.J.S.18A:12-1, is, in addition to immediate disqualification for office, guilty of a crime of the fourth degree.

##### **§ 18A:12-3** Cessation of membership. {#sec-18a-12-3 omnilex-key=us-nj-statutes--title-18a--18A:12-3}

Whenever a member of a local or regional board of education shall cease to be a bona fide resident of the district, or of any constituent district of a consolidated or regional district which he represents, or shall become mayor or a member of the governing body of a municipality, his membership in the board shall immediately cease; and, any member who fails to attend three consecutive meetings of the board without good cause may be removed by it. Whenever a member of a county special service school district or a member of a county vocational school district shall cease to be a bona fide resident of the district, or shall hold office as a member of the governing body of a county, his membership on the board shall immediately cease.

Notwithstanding the provisions of N.J.S.2C:51-1 or any other law to the contrary, whenever a member of a board of education is disqualified as a voter pursuant to R.S.19:4-1, or is convicted of a crime or offense listed in N.J.S.18A:12-1, his membership on the board shall immediately cease.

##### **§ 18A:12-4** Compensation of members {#sec-18a-12-4 omnilex-key=us-nj-statutes--title-18a--18A:12-4}

A member of a board of education shall receive no compensation for his services.

##### **§ 18A:12-5** Application of subarticle {#sec-18a-12-5 omnilex-key=us-nj-statutes--title-18a--18A:12-5}

The provisions of this subarticle shall apply to type I school districts.

##### **§ 18A:12-6** Boards; number of members {#sec-18a-12-6 omnilex-key=us-nj-statutes--title-18a--18A:12-6}

The board shall consist of 5 or 7 members as provided by ordinance of the municipal governing body, except that it shall consist of 9 members in districts in cities of the first class, and in districts in which it has been so determined by referendum held pursuant to law.

##### **§ 18A:12-7** Boards; appointments; vacancies {#sec-18a-12-7 omnilex-key=us-nj-statutes--title-18a--18A:12-7}

The boards of education shall be appointed by the mayor or other chief executive officer of the municipality constituting the district. Any vacancy occurring in the membership of the board shall be reported forthwith by the secretary of the board to the mayor or other chief executive officer of the municipality, who shall within 30 days thereafter appoint a qualified person to fill the vacancy for the unexpired term.

##### **§ 18A:12-8** When appointed; commencement of terms {#sec-18a-12-8 omnilex-key=us-nj-statutes--title-18a--18A:12-8}

In districts, other than those in cities of the first class, the members of the board shall be appointed between April 1 and April 15 and their terms of office shall begin on May 16, next succeeding, and in districts in cities of the first class they shall be appointed during the month of June and their terms of office shall begin on July 1, next succeeding.

##### **§ 18A:12-9** Terms of members of boards {#sec-18a-12-9 omnilex-key=us-nj-statutes--title-18a--18A:12-9}

Of boards consisting of 5 members, one shall be appointed each year for a term of 5 years, of boards consisting of 9 members, 3 shall be appointed each year for terms of 3 years, and of boards consisting of 7 members, 3 shall be appointed in the first year and 2 shall be appointed in each of the 2 following years of each 3-year period, each for a term of 3 years, except the members of the first board of any such district, who shall be appointed for such terms, as shall, as soon as possible, result in all members of a 5-man board being appointed for terms of 5 years and the terms of one member expiring each year, or all members of a 9-man board being appointed for terms of 3 years and the terms of 3 members expiring each year, or all members of a 7-man board being appointed for terms of 3 years and the terms of either 3 or 2 members expiring in each 3-year period. All members shall serve after the expiration of their respective terms until the appointment and qualification of their successors.

##### **§ 18A:12-10** Application of subarticle {#sec-18a-12-10 omnilex-key=us-nj-statutes--title-18a--18A:12-10}

The provisions of this subarticle shall apply to all type II school districts except as otherwise provided in this title for regional districts and except those districts in which the members of the boards of education are appointed pursuant to subarticle C of this article.

##### **§ 18A:12-11** Election and number of board members; terms {#sec-18a-12-11 omnilex-key=us-nj-statutes--title-18a--18A:12-11}

The board of education shall consist of nine members, or it shall consist of three, five or seven members as, and if, it has been so determined pursuant to law or shall be so determined by referendum as provided in this chapter, who shall be elected at annual school elections in the district for terms of three years except as otherwise herein provided.

##### **§ 18A:12-11.1** New district may elect three, five, seven or nine members {#sec-18a-12-11.1 omnilex-key=us-nj-statutes--title-18a--18A:12-11.1}

Whenever a new school district, except a regional school district, or a consolidated school district or a new district created under the terms of article 4 of chapter 8 of this title is created, there shall be placed upon the official ballot to be voted upon, at the first annual school election, the question whether the board shall consist of three, five, seven or nine members.

The balloting for board members shall take place as if nine members were to be elected, three for terms of three years, three for terms of two years, and three for terms of one year.

If it shall be determined as a result of the balloting that the board shall consist of nine members, the three candidates receiving the highest number of votes for each of said terms shall be declared elected.

If it shall be determined that the board shall consist of seven members, the three candidates receiving the highest number of votes for the three-year terms, the two candidates receiving the highest number of votes for the two-year terms, and the two candidates receiving the highest number of votes for the one-year term shall be declared elected.

If it shall be determined that the board shall consist of five members, the two candidates receiving the highest number of votes for the three-year terms, the two candidates receiving the highest number of votes for the two-year terms, and the candidate receiving the highest number of votes for the one-year term shall be declared elected.

If it shall be determined that the board shall consist of three members, each candidate receiving the highest number of votes for each of the terms shall be declared elected.

Annually thereafter there shall be elected a person or persons for the term of three years in the place of the member or members whose terms shall have expired.

##### **§ 18A:12-12** Increase or reduction in membership; resolution; submission of question {#sec-18a-12-12 omnilex-key=us-nj-statutes--title-18a--18A:12-12}

If the board of any district shall determine by resolution that it is for the best interest of the schools that the membership of the board shall be increased from whatever number of members then composes it to five, seven or nine members, or reduced from said number to seven, five or three members, the question of such increase or reduction shall be submitted to the voters of the district at the next annual school election and the question shall be stated in the notice of the election.

##### **§ 18A:12-13** Membership increase {#sec-18a-12-13 omnilex-key=us-nj-statutes--title-18a--18A:12-13}

If at the election the question of increasing the membership of the board shall be adopted, the membership of the board shall be increased accordingly as of the organization meeting next following the next annual school election and the additional members shall be elected at such annual school election, for terms as follows:

a. If the increase is from three to five, two for three years and one for two years;

b. If the increase is from three to seven, two for three years, one for two years and one for one year;

c. If the increase is from five to seven, one for three years and one for a term of either one or two years, whichever is necessary to cause the terms of two members to expire at each of the next two annual school elections;

d. If the increase is from any other number to nine, for such terms not over three years, as will as soon as possible constitute a board of nine, with three-year terms expiring, three each year.

Each year thereafter successors to the members whose terms expire shall be elected for three years.

##### **§ 18A:12-14** Reduction of membership; reduced number of members {#sec-18a-12-14 omnilex-key=us-nj-statutes--title-18a--18A:12-14}

If at the election the question of reducing the membership of the board shall be adopted, the members in office at the next annual school election shall continue in office until the expiration of their respective terms, and members shall be elected as follows:

a. If the reduction is from nine to seven, two shall be elected at such election and two at the next annual school election thereafter;

b. If the reduction is from nine to five, one shall be elected at such election, two at the first annual school election thereafter, and two at the second annual school election thereafter;

c. If the reduction is from seven to five, one shall be elected at the first annual school election at which three would have been elected; and

d. If the reduction is from any other number to three, one member shall be elected at such election and at each annual school election thereafter.

All members so elected shall be elected for terms of three years.

##### **§ 18A:12-15** Filling vacancies. {#sec-18a-12-15 omnilex-key=us-nj-statutes--title-18a--18A:12-15}

Vacancies in the membership of the board shall be filled as follows:

a. By the county superintendent, if the vacancy is caused by the absence of candidates for election to the school board or by the removal of a member because of lack of qualifications, or is not filled within 65 days following its occurrence;

b. By the county superintendent, to a number sufficient to make up a quorum of the board if, by reason of vacancies, a quorum is lacking;

c. By special election, if in the annual school election two or more candidates qualified by law for membership on the school board receive an equal number of votes. Such special election shall be held only upon recount and certification by the county board of elections of such election result, shall be restricted to such candidates, shall be held within 60 days of the annual school election, and shall be conducted in accordance with procedures for annual and special school elections set forth in Title 19 of the Revised Statutes. The vacancy shall be filled by the county superintendent if in such special election two or more candidates qualified by law for membership on the school board receive an equal number of votes;

d. By special election if there is a failure to elect a member at the annual school election due to improper election procedures. Such special election shall be restricted to those persons who were candidates at such annual school election, shall be held within 60 days of such annual school election, and shall be conducted in accordance with the procedures for annual and special school elections set forth in Title 19 of the Revised Statutes;

e. By the commissioner if there is a failure to elect a member at the annual school election due to improper campaign practices; or

f. By a majority vote of the remaining members of the board after the vacancy occurs in all other cases.

Each member so appointed shall serve until the organizational meeting following the next annual election unless the member is appointed to fill a vacancy occurring within the 60 days immediately preceding such election if the annual election is held in April, or occurring after the third Monday in July if the election is held in November, to fill a term extending beyond such election, in which case the member shall serve until the organizational meeting following the second annual election next succeeding the occurrence of the vacancy, and any vacancy for the remainder of the term shall be filled at the annual election or the second annual election next succeeding the occurrence of the vacancy, as the case may be.

##### **§ 18A:12-15.1** Terms of board members in certain districts. {#sec-18a-12-15.1 omnilex-key=us-nj-statutes--title-18a--18A:12-15.1}

45. In the case of a school district in which the annual school election has been moved to November pursuant to subsection a. of section 1 of P.L.2011, c.202 (C.19:60-1.1) or section 1 of P.L.2012, c.78 (C.19:60-1.2), the term of office of a member of a board of education that is set to expire in April of a given year shall be extended until the day in January next following the year in which the term was originally set to expire when the member's successor takes office.

##### **§ 18A:12-16** Application of subarticle {#sec-18a-12-16 omnilex-key=us-nj-statutes--title-18a--18A:12-16}

The provisions of this subarticle shall apply to type II school districts in towns having a population of more than 10,000, in which the members of the board of education are now appointed by the mayor or other chief executive officer of the municipality.

##### **§ 18A:12-17** Appointments; terms; vacancies {#sec-18a-12-17 omnilex-key=us-nj-statutes--title-18a--18A:12-17}

The mayor or other chief executive officer of the municipality shall, between April 1 and April 15 in each year, appoint one member of the board to serve for a term of 5 years beginning on May 15 next succeeding his appointment, to take the place of the member whose term shall expire in that year, and any vacancy occurring in the membership of the board shall be reported forthwith by the secretary of the board to the mayor or other chief executive officer of the municipality, who shall within 30 days thereafter appoint a qualified person to fill the vacancy for the unexpired term.

##### **§ 18A:12-18** Resolution or petition for election of members; submission {#sec-18a-12-18 omnilex-key=us-nj-statutes--title-18a--18A:12-18}

In every such district the question whether or not the members of the board shall thereafter be elected by the voters of the district at annual school elections shall be submitted to the legal voters of the district at the next general or municipal election, following the expiration of 40 days after the adoption by the governing body of the municipality of a resolution, or after the filing with the clerk of the municipality of a petition signed by not less than 15% of the number of legally qualified voters who voted in the municipality at the last preceding general election held for the election of all of the members of the general assembly, directing such submission, whichever occurs earlier, or at the next annual school election, or a special school election called for that purpose, to be held after the expiration of 40 days from the adoption by the board of education of the district of a resolution, or from the filing with the secretary of the board of education of a petition signed by said percentage of such number of legally qualified voters of the district, directing such submission and thereupon said clerk or secretary shall cause said question to be submitted accordingly.

##### **§ 18A:12-19** 5-year terms {#sec-18a-12-19 omnilex-key=us-nj-statutes--title-18a--18A:12-19}

If at said election the question shall be adopted, the members of the board of education then in office shall continue in office until the expiration of their respective terms and thereafter until the organization meeting following the next annual school election and their respective successors shall be elected by the legal voters of the district at such and each following annual school election to be held in the district, for terms of five years.

##### **§ 18A:12-19.1** Decrease of term; voter's decision {#sec-18a-12-19.1 omnilex-key=us-nj-statutes--title-18a--18A:12-19.1}

1. If the board of education of a school district organized pursuant to subarticle C of Article 4 of Chapter 12 of Title 18A of the New Jersey Statutes shall determine by resolution that it is in the best interest of the public schools of the district that the terms of the members of the board shall be decreased from five years to three years, the question shall be submitted to the voters of the district at the next annual school election and the question shall be stated in the notice of the election prepared pursuant to R.S.19:12-7.

##### **§ 18A:12-19.2** Approval; succession {#sec-18a-12-19.2 omnilex-key=us-nj-statutes--title-18a--18A:12-19.2}

If at the election the question shall be adopted, the members of the board of education then in office shall continue in office until the expiration of their respective terms and thereafter until the first Monday following the next annual school election and their respective successors shall be elected by the legal voters of the district at this and each following annual school election to be held in the district, for terms of three years.

##### **§ 18A:12-20** Indemnity of members of boards of education against cost of defense. {#sec-18a-12-20 omnilex-key=us-nj-statutes--title-18a--18A:12-20}

Whenever a civil, administrative, criminal or quasi-criminal action or other legal proceeding has been or shall be brought against any person for any act or omission arising out of and in the course of the performance of his duties as a member of a board of education, and in the case of a criminal or quasi-criminal action such action results in final disposition in favor of such person, the board of education shall defray all costs of defending such action, including reasonable counsel fees and expenses, together with costs of appeal, if any, and shall save harmless and protect such person from any financial loss resulting therefrom. Indemnification for exemplary or punitive damages shall not be mandated and shall be governed by the standards and procedures set forth in N.J.S.59:10-4. Any board of education may arrange for and maintain appropriate insurance to cover all such damages, losses and expenses.

##### **§ 18A:12-21** Short title {#sec-18a-12-21 omnilex-key=us-nj-statutes--title-18a--18A:12-21}

1. This act shall be known and may be cited as the "School Ethics Act."

##### **§ 18A:12-22** Findings, declarations {#sec-18a-12-22 omnilex-key=us-nj-statutes--title-18a--18A:12-22}

2. The Legislature find and declares:

a. In our representative form of government it is essential that the conduct of members of local boards of education and local school administrators hold the respect and confidence of the people. These board members and administrators must avoid conduct which is in violation of their public trust or which creates a justifiable impression among the public that such trust is being violated.

b. To ensure and preserve public confidence, school board members and local school administrators should have the benefit of specific standards to guide their conduct and of some disciplinary mechanism to ensure the uniform maintenance of those standards among them.

##### **§ 18A:12-23** Definitions {#sec-18a-12-23 omnilex-key=us-nj-statutes--title-18a--18A:12-23}

3. For the purposes of this act, unless the context clearly requires a different meaning:

"Administrator" means any officer, other than a board member, or employee of a local school district who (i) holds a position which requires a certificate that authorizes the holder to serve as school administrator, principal, or school business administrator; or (ii) holds a position which does not require that the person hold any type of certificate but is responsible for making recommendations regarding hiring or the purchase or acquisition of any property or services by the local school district; or (iii) holds a position which requires a certificate that authorizes the holder to serve as supervisor and who is responsible for making recommendations regarding hiring or the purchase or acquisition of any property or services by the local school district;

"Board member" means any person holding membership, whether by election or appointment, on any board of education other than the State Board of Education;

"Business" means any corporation, partnership, firm, enterprise, franchise, association, trust, sole proprietorship, union, political organization, or other legal entity but shall not include a local school district or any other public entity;

"Commission" means the School Ethics Commission established pursuant to section 7 of this act;

"Commissioner" means the Commissioner of Education;

"Interest" means the ownership or control of more than 10% of the profits, assets, or stock of a business but shall not include the control of assets in a labor union;

"Local school district" means any local or regional school district established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes and any jointure commission, county vocational school, county special services district, educational services commission, educational research and demonstration center, environmental education center, and educational information and resource center;

"Member of immediate family" means the spouse or dependent child of a school official residing in the same household;

"Political organization" means a "political committee" or a "continuing political committee" as those terms are defined in "The New Jersey Campaign Contributions and Expenditures Reporting Act," P.L.1973, c.83 (C.19:44A-1 et seq.);

"Relative" means the spouse, natural or adopted child, parent, or sibling of a school official;

"School official" means a board member, an employee or officer of the New Jersey School Boards Association, but not including any member of the secretarial, clerical or maintenance staff of the association, or an administrator; and

"Spouse" means the person to whom a school official is legally married under New Jersey law.

##### **§ 18A:12-23.1** Applicability of "School Ethics Act" to charter school administrators, trustees. {#sec-18a-12-23.1 omnilex-key=us-nj-statutes--title-18a--18A:12-23.1}

1. The provisions of the "School Ethics Act," P.L.1991, c.393 (C.18A:12-21 et seq.) shall apply to an administrator and a member of the board of trustees of a charter school that is established pursuant to P.L.1995, c.426 (C.18A:36A-1 et seq.).

##### **§ 18A:12-24** Conflicts of interest {#sec-18a-12-24 omnilex-key=us-nj-statutes--title-18a--18A:12-24}

4. a. No school official or member of his immediate family shall have an interest in a business organization or engage in any business, transaction, or professional activity, which is in substantial conflict with the proper discharge of his duties in the public interest;

b. No school official shall use or attempt to use his official position to secure unwarranted privileges, advantages or employment for himself, members of his immediate family or others;

c. No school official shall act in his official capacity in any matter where he, a member of his immediate family, or a business organization in which he has an interest, has a direct or indirect financial involvement that might reasonably be expected to impair his objectivity or independence of judgment. No school official shall act in his official capacity in any matter where he or a member of his immediate family has a personal involvement that is or creates some benefit to the school official or member of his immediate family;

d. No school official shall undertake any employment or service, whether compensated or not, which might reasonably be expected to prejudice his independence of judgment in the exercise of his official duties;

e. No school official, or member of his immediate family, or business organization in which he has an interest, shall solicit or accept any gift, favor, loan, political contribution, service, promise of future employment, or other thing of value based upon an understanding that the gift, favor, loan, contribution, service, promise, or other thing of value was given or offered for the purpose of influencing him, directly or indirectly, in the discharge of his official duties. This provision shall not apply to the solicitation or acceptance of contributions to the campaign of an announced candidate for elective public office, if the school official has no knowledge or reason to believe that the campaign contribution, if accepted, was given with the intent to influence the school official in the discharge of his official duties;

f. No school official shall use, or allow to be used, his public office or employment, or any information, not generally available to the members of the public, which he receives or acquires in the course of and by reason of his office or employment, for the purpose of securing financial gain for himself, any member of his immediate family, or any business organization with which he is associated;

g. No school official or business organization in which he has an interest shall represent any person or party other than the school board or school district in connection with any cause, proceeding, application or other matter pending before the school district in which he serves or in any proceeding involving the school district in which he serves or, for officers or employees of the New Jersey School Boards Association, any school district. This provision shall not be deemed to prohibit representation within the context of official labor union or similar representational responsibilities;

h. No school official shall be deemed in conflict with these provisions if, by reason of his participation in any matter required to be voted upon, no material or monetary gain accrues to him as a member of any business, profession, occupation or group, to any greater extent than any gain could reasonably be expected to accrue to any other member of that business, profession, occupation or group;

i. No elected member shall be prohibited from making an inquiry for information on behalf of a constituent, if no fee, reward or other thing of value is promised to, given to or accepted by the member or a member of his immediate family, whether directly or indirectly, in return therefor;

j. Nothing shall prohibit any school official, or members of his immediate family, from representing himself, or themselves, in negotiations or proceedings concerning his, or their, own interests; and

k. Employees of the New Jersey School Boards Association shall not be precluded from providing assistance, in the normal course of their duties, to boards of education in the negotiation of a collective bargaining agreement regardless of whether a member of their immediate family is a member of, or covered by, a collective bargaining agreement negotiated by a Statewide union with which a board of education is negotiating.

##### **§ 18A:12-24.1** Code of Ethics for School Board Members. {#sec-18a-12-24.1 omnilex-key=us-nj-statutes--title-18a--18A:12-24.1}

5. A school board member shall abide by the following Code of Ethics for School Board Members:

a. I will uphold and enforce all laws, rules and regulations of the State Board of Education, and court orders pertaining to schools. Desired changes shall be brought about only through legal and ethical procedures.

b. I will make decisions in terms of the educational welfare of children and will seek to develop and maintain public schools that meet the individual needs of all children regardless of their ability, race, creed, sex, or social standing.

c. I will confine my board action to policy making, planning, and appraisal, and I will help to frame policies and plans only after the board has consulted those who will be affected by them.

d. I will carry out my responsibility, not to administer the schools, but, together with my fellow board members, to see that they are well run.

e. I will recognize that authority rests with the board of education and will make no personal promises nor take any private action that may compromise the board.

f. I will refuse to surrender my independent judgment to special interest or partisan political groups or to use the schools for personal gain or for the gain of friends.

g. I will hold confidential all matters pertaining to the schools which, if disclosed, would needlessly injure individuals or the schools. In all other matters, I will provide accurate information and, in concert with my fellow board members, interpret to the staff the aspirations of the community for its school.

h. I will vote to appoint the best qualified personnel available after consideration of the recommendation of the chief administrative officer.

i. I will support and protect school personnel in proper performance of their duties.

j. I will refer all complaints to the chief administrative officer and will act on the complaints at public meetings only after failure of an administrative solution.

##### **§ 18A:12-25** Disclosure statements of employment, contracts or business with schools {#sec-18a-12-25 omnilex-key=us-nj-statutes--title-18a--18A:12-25}

5. a. On a form to be prescribed by the commission and to be filed annually with the commission, each school official shall state:

(1) whether any relative of the school official or any other person related to the school official by marriage is employed by the school district with which the school official holds office or employment or, for officers or employees of the New Jersey School Boards Association, any school district, and, if so, the name and position of each such relative;

(2) whether the school official or a relative is a party to a contract with the school district with which the school official holds office or employment or, for officers or employees of the New Jersey School Boards Association, any school district, and, if so, the nature of the contract; and

(3) whether the school official or a relative is employed by, receives compensation from, or has an interest in any business which is a party to a contract with the school district with which the school official holds office or employment or, for officers or employees of the New Jersey School Boards Association, any school district, and, if so, the name of each such business.

b. Each statement shall be signed by the school official filing it, and the school official's signature shall constitute a representation of the accuracy of the contents of the statement.

c. A school official who fails to file a statement or who files a statement containing information which the school official knows to be false shall be subject to reprimand, censure, suspension, or removal pursuant to the procedures established in section 9 of P.L.1991, c.393 (C.18A:12-29). Nothing in this subsection shall be construed to prevent or limit criminal prosecution.

d. All statements filed pursuant to this section shall be retained by the commission as public records.

##### **§ 18A:12-26** Financial disclosure statement {#sec-18a-12-26 omnilex-key=us-nj-statutes--title-18a--18A:12-26}

6. a. Each school official shall annually file a financial disclosure statement with the School Ethics Commission. All financial disclosure statements filed pursuant to this act shall include the following information which shall specify, where applicable, the name and address of each source and the school official's position:

(1) Each source of income, earned or unearned, exceeding $2,000 received by the school official or a member of his immediate family during the preceding calendar year. Individual client fees, customer receipts or commissions on transactions received through a business organization need not be separately reported as sources of income. If a publicly traded security or interest derived from a financial institution is the source of income, the security or interest derived from a financial institution need not be reported unless the school official or member of his immediate family has an interest in the business organization or financial institution;

(2) Each source of fees and honorariums having an aggregate amount exceeding $250 from any single source for personal appearances, speeches or writings received by the school official or a member of his immediate family during the preceding calendar year;

(3) Each source of gifts, reimbursements or prepaid expenses having an aggregate value exceeding $250 from any single source, excluding relatives, received by the school official or a member of his immediate family during the preceding calendar year; and

(4) The name and address of all business organizations in which the school official or a member of his immediate family had an interest during the preceding calendar year.

b. The commission shall prescribe a financial disclosure statement form for filing purposes. Initial financial disclosure statements shall be filed within 90 days following the effective date of this act. Thereafter, statements shall be filed on or before April 30th each year.

c. All financial disclosure statements filed shall be public records.

##### **§ 18A:12-27** School Ethics Commission {#sec-18a-12-27 omnilex-key=us-nj-statutes--title-18a--18A:12-27}

7. a. There is hereby established in the State Department of Education a commission to be known as the "School Ethics Commission." The commission shall consist of nine members, not more than five of whom shall be from the same political party: two shall be board members; two shall be school administrators; and five shall be persons who are not school officials. All members shall be appointed by the Governor and shall serve at the pleasure of the Governor.

b. Members of the commission shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties under this act.

c. No member of the commission shall serve on or campaign for any office of a political organization during membership on the commission.

d. All members shall serve for a term of three years, except that for the members initially appointed, one board member, one administrator, and one public member shall be appointed for a term of three years; one board member and two public members shall be appointed for a term of two years; and one administrator and two public members shall be appointed for a term of one year.

e. Each member shall serve until the member's successor has been appointed and qualified. If a school official appointed to the commission ceases to be a school official, the person's appointment to the commission shall expire on the next succeeding July 1, or when the person's successor has been appointed and qualified, whichever occurs earlier. However, the membership of a school official who has been removed from office for official misconduct shall immediately cease upon such removal.

f. Any vacancy occurring in the membership of the commission shall be filled in the same manner as the original appointment for the unexpired term.

g. The members of the commission shall, by majority vote, select from among themselves one member to serve as chairperson for a term not to exceed one year.

##### **§ 18A:12-28** Staff appointments; duties; powers {#sec-18a-12-28 omnilex-key=us-nj-statutes--title-18a--18A:12-28}

8. a. The commission may appoint professional employees and clerical staff and may incur expenses which are necessary to carry out the provisions of this act within the limits of funds appropriated or otherwise made available to it for that purpose. All appointments shall be made in accordance with the provisions of Title 11A of the New Jersey Statutes.

b. In order to carry out the provisions of this act, the commission shall have the power to issue advisory opinions, receive complaints filed pursuant to section 9 of this act, receive and retain disclosure statements filed pursuant to sections 5 and 6 of this act, conduct investigations, hold hearings, and compel the attendance of witnesses and the production of documents as it may deem necessary and relevant to such matter under investigation. The members of the commission and persons appointed by it for this purpose are empowered to administer oaths and examine witnesses under oath.

c. A person shall not be excused from testifying or producing evidence on the ground that the testimony or evidence might tend to incriminate the person, but an answer shall not be used or admitted in any proceeding against the person, except in a prosecution for perjury. The foregoing use immunity shall not be granted without prior written approval of the Attorney General. If use immunity is not granted, the person may be excused from testifying or producing evidence on the ground that the testimony or evidence might tend to incriminate the person.

d. The commission shall promptly report to the Attorney General any information which indicates the possible violation of any criminal law.

##### **§ 18A:12-29** Complaint procedures. {#sec-18a-12-29 omnilex-key=us-nj-statutes--title-18a--18A:12-29}

9. a. Any person, including a member of the commission, may file a complaint alleging a violation of the provisions of this act or the Code of Ethics for School Board Members as set forth in section 5 of P.L.2001, c.178 (C.18A:12-24.1), by submitting it, on a form prescribed by the commission, to the commission. No complaint shall be accepted by the commission unless it has been signed under oath by the complainant. If a member of the commission submits the complaint, the member shall not participate in any subsequent proceedings on that complaint in the capacity of a commission member. If a commission member serves on the school board of, or is employed by, the school district which employs or on whose board the school official named in the complaint serves, the commission member shall not participate in any subsequent proceedings on that complaint.

b. Upon receipt of a complaint, the commission shall serve a copy of the complaint on each school official named therein and shall provide each named school official with the opportunity to submit a written statement under oath. The commission shall thereafter decide by majority vote whether probable cause exists to credit the allegations in the complaint. If the commission decides that probable cause does not exist, it shall dismiss the complaint and shall so notify the complainant and any school official named in the complaint. The dismissal shall constitute final agency action. If the commission determines that probable cause exists, it shall refer the matter to the Office of Administrative Law for a hearing to be conducted in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and shall so notify the complainant and each school official named in the complaint.

In making a determination regarding an alleged violation of the Code of Ethics for School Board Members, the burden of proof shall be on the accusing party to establish factually a violation of the code. A decision regarding a complaint alleging violations of the code shall be rendered by the commission within 90 days of the receipt of the complaint by the commission.

c. Upon completion of the hearing, the commission, by majority vote, shall determine whether the conduct complained of constitutes a violation of this act, or in the case of a board member, this act or the code of ethics, or whether the complaint should be dismissed. If a violation is found, the commission shall, by majority vote, recommend to the commissioner the reprimand, censure, suspension, or removal of the school official found to have violated this act, or in the case of a board member, this act or the code of ethics. The commission shall state in writing its findings of fact and conclusions of law. The commissioner shall then act on the commission's recommendation regarding the sanction.

d. Any appeal of the commission's determination regarding a violation of this act, or in the case of a board member, this act or the code of ethics, and of the commissioner's decision regarding the sanction shall be in accordance with the provisions of P.L.2008, c.36 (C.18A:6-9.1 et al.).

e. If prior to the hearing the commission determines, by majority vote, that the complaint is frivolous, the commission may impose on the complainant a fine not to exceed $500. The standard for determining whether a complaint is frivolous shall be the same as that provided in subsection b. of section 1 of P.L.1988, c.46 (C.2A:15-59.1).

f. Notwithstanding the provisions of subsections c. and d. of this section, the commission shall be authorized to determine and impose the appropriate sanction including reprimand, censure, suspension or removal of any school official found to have violated this act who is an officer or employee of the New Jersey School Boards Association. Any action of the commission regarding a violation of P.L.1991, c.393 (C.18A:12-21 et seq.) or the sanction to be imposed in the event that the school official involved is an officer or employee of the New Jersey School Boards Association shall be considered final agency action and an appeal of that action shall be directly to the Appellate Division of the Superior Court.

##### **§ 18A:12-29.1** Appeal of determination of School Ethics Commission. {#sec-18a-12-29.1 omnilex-key=us-nj-statutes--title-18a--18A:12-29.1}

3. Notwithstanding the provisions of any law or regulation to the contrary, any appeal of a determination of the School Ethics Commission shall be to the Commissioner of Education whose determination shall be a final agency action under the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and appeal of that action shall be directly to the Appellate Division of the Superior Court.

##### **§ 18A:12-30** Imposition of sanctions {#sec-18a-12-30 omnilex-key=us-nj-statutes--title-18a--18A:12-30}

10. Notwithstanding the provisions of any other law or regulation to the contrary, the sanctions authorized by this act may be imposed on any school official pursuant to the procedures established in section 9 of this act. However, nothing in this act shall be construed to limit the authority of any board of education or any appointing authority to process charges or complaints pursuant to the procedures contained in Titles 18A or 11A of the New Jersey Statutes.

##### **§ 18A:12-31** Advisory opinions {#sec-18a-12-31 omnilex-key=us-nj-statutes--title-18a--18A:12-31}

11. A school official may request and obtain from the commission an advisory opinion as to whether any proposed activity or conduct would in its opinion constitute a violation of the provisions of this act. Advisory opinions of the commission shall not be made public, except when the commission, by a vote of at least six members, directs that the opinion be made public. Public advisory opinions shall not disclose the name of the school official.

##### **§ 18A:12-32** Jurisdiction preempted on pending matters {#sec-18a-12-32 omnilex-key=us-nj-statutes--title-18a--18A:12-32}

12. The commission shall not process any complaint, issue a final ruling or issue any advisory opinion on a matter actually pending in any court of law or administrative agency of this State.

##### **§ 18A:12-33** Training program; requirements. {#sec-18a-12-33 omnilex-key=us-nj-statutes--title-18a--18A:12-33}

13. a. Each newly elected or appointed board member shall complete during the first year of the member's first term a training program to be prepared and offered by the New Jersey School Boards Association, in consultation with the New Jersey Association of School Administrators, the New Jersey Principals and Supervisors Association, and the Department of Education, regarding the skills and knowledge necessary to serve as a local school board member. The training program shall include information regarding the school district monitoring system established pursuant to P.L.2005, c.235, the New Jersey Quality Single Accountability Continuum, and the five key components of school district effectiveness on which school districts are evaluated under the monitoring system: instruction and program, personnel, fiscal management, operations, and governance.

The board member shall complete a training program on school district governance in each of the subsequent two years of the board member's first term.

b. Within one year after each re-election or re-appointment to the board of education, the board member shall complete an advanced training program to be prepared and offered by the New Jersey School Boards Association. This advanced training program shall include information on relevant changes to New Jersey school law and other information deemed appropriate to enable the board member to serve more effectively.

c. The New Jersey School Boards Association shall examine options for providing training programs to school board members through alternative methods such as on-line or other distance learning media or through regional-based training.

d. Within one year after being newly elected or appointed or being re-elected or re-appointed to the board of education, a board member shall complete a training program on harassment, intimidation, and bullying in schools, including a school district's responsibilities under P.L.2002, c.83 (C.18A:37-13 et seq.). A board member shall be required to complete the program only once.

e. Training on harassment, intimidation, and bullying in schools shall be provided by the New Jersey School Boards Association, in consultation with recognized experts in school bullying from a cross section of academia, child advocacy organizations, nonprofit organizations, professional associations, and government agencies.

f. The training provided by the New Jersey School Boards Association to a member of the board of trustees of a charter school pursuant to this section shall:

(1) be prepared in consultation with representatives and stakeholders from the New Jersey charter school community, which may include, but not be limited to, the New Jersey Public Charter Schools Association, or its successor;

(2) include information on best practices for charter school governance and oversight, school leader evaluations, and charter school compensation for leadership; and

(3) include guidelines for conducting a compensation study prepared pursuant to section 17 of P.L.2025, c.277 (C.18A:36A-14.2).

##### **§ 18A:12-34** Rules, regulations {#sec-18a-12-34 omnilex-key=us-nj-statutes--title-18a--18A:12-34}

14. The State Board of Education may promulgate regulations pursuant to the "Administrative Procedures Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.

## **Chapter 13** {#struct-chapter-13}

##### **§ 18A:13-1** Application of chapter; government of regional districts {#sec-18a-13-1 omnilex-key=us-nj-statutes--title-18a--18A:13-1}

The provisions of this chapter shall apply to regional school districts and to all former union graded schools and the affairs of such districts shall be conducted and governed by the provisions of this title relating to type II school districts, except as otherwise so provided as to regional school districts.

##### **§ 18A:13-2** Types of regional districts {#sec-18a-13-2 omnilex-key=us-nj-statutes--title-18a--18A:13-2}

Regional school districts shall be of two types:

a. "all purpose regional districts" organized for all the school purposes of the municipalities included within such regional districts;

b. "limited purpose regional districts" organized to provide and operate in the territory comprised within such districts one or more of the following: elementary schools, junior high schools, high schools, vocational schools, special schools, health facilities or particular educational services or facilities.

##### **§ 18A:13-3** Constituent municipalities as constituent districts {#sec-18a-13-3 omnilex-key=us-nj-statutes--title-18a--18A:13-3}

In every all purpose regional district the constituent municipalities of the regional district shall be construed to be the constituent districts of the regional district after the dissolution pursuant to this chapter of the constituent districts which formed the regional district.

##### **§ 18A:13-4** Supervision by county superintendent {#sec-18a-13-4 omnilex-key=us-nj-statutes--title-18a--18A:13-4}

Each regional school district shall be under the supervision of the county superintendent of the county in which the constituent districts having the greatest amount of ratables are situate.

##### **§ 18A:13-5** Conduct of regional district elections, votes required {#sec-18a-13-5 omnilex-key=us-nj-statutes--title-18a--18A:13-5}

Elections in regional districts shall be conducted as in other local districts except that in any such elections, unless otherwise provided by this Title, the total vote of the entire regional district, without regard to the territorial boundaries of the constituent districts, shall be counted in determining the result of the election.

In any case in which a proposal for the creation of a regional district or for the enlargement of a regional district is submitted, such proposal shall be adopted only if a majority of the votes cast thereon

a. In each of the local districts, other than a consolidated district, proposing to form the regional district,

b. In the consolidated district proposing to form the regional district without regard to the territorial boundaries of the constituent districts, or

c. In the regional district to be enlarged, and in each district proposed to enlarge it,

shall be cast in favor of the adoption of such proposal.

##### **§ 18A:13-6** Body corporate and corporate title {#sec-18a-13-6 omnilex-key=us-nj-statutes--title-18a--18A:13-6}

Each board of education of a regional district shall be a body corporate and shall be known as "the board of education of the regional school district including the school districts of (herein insert the names of the constituent districts and the names of the county or counties in which each is situate)" unless the regional board shall determine to adopt a shorter title, with the approval of the state board, in which case the new title shall be certified by the secretary of the board to the secretary of state and thereupon it shall become the corporate title of the regional district and any obligations of the regional board, under the former title, shall become the obligation of the board under the new title.

##### **§ 18A:13-7** Regional board members {#sec-18a-13-7 omnilex-key=us-nj-statutes--title-18a--18A:13-7}

A member of a regional board of education shall be for at least one year a resident of the constituent district of the regional district, to be represented by the member, in the regional board of education.

##### **§ 18A:13-8** Boards of education of regional districts. {#sec-18a-13-8 omnilex-key=us-nj-statutes--title-18a--18A:13-8}

The board of education of a regional district shall consist of nine members unless it consists of more than nine constituent districts, in which case the membership shall be the same as the number of constituent districts, plus one. Except as otherwise provided pursuant to section 1 or section 3 of P.L.2017, c.45 (C.18A:13-34a or C.18A:13-46.1), if there are nine or less constituent districts, the members of the board of education of the regional district shall be apportioned by the executive county superintendent or executive county superintendents of the county or counties in which the constituent districts are situate, among said districts as nearly as may be according to the number of their inhabitants except that each constituent district shall have at least one member.

In making the apportionment of the membership of a regional board of education among the several school districts uniting to create a regional school district having nine or less constituent districts, as required by section 18A:13-36, there shall be subtracted from the number of inhabitants of a constituent school district, as shown by the last federal census officially promulgated in this State as reported by the Secretary of State pursuant to section 1 of P.L.2021, c.198 (C.52:4-1.6), the number of such inhabitants who according to the records of the Federal Bureau of the Census were patients in any State or federal hospital, or who are military personnel stationed at, or civilians residing within the limits of, any United States Army, Navy or Air Force installation, located in such constituent school district.

Except as otherwise provided pursuant to section 1 or section 3 of P.L.2017, c.45 (C.18A:13-34a or C.18A:13-46.1), if there are more than nine constituent districts, the members on the board shall be apportioned among the constituent districts and the weight of their votes in all proceedings of the board shall be determined by the appropriate executive county superintendent or superintendents through the following procedure:

a. The number of inhabitants of each constituent district shall be determined as shown by the last federal census officially promulgated in this State as reported by the Secretary of State pursuant to section 1 of P.L.2021, c.198 (C.52:4-1.6).

b. A representative ratio shall be calculated by adding the number of inhabitants of all constituent districts and dividing the sum by the board size.

c. All constituent districts shall be listed in ascending order of their number of inhabitants. If the first constituent district in said list has a number of inhabitants which is less than the representative ratio, it shall be combined with the constituent district contiguous to it having the smallest number of inhabitants. This process shall be repeated for each successively larger constituent district or combination of constituent districts until all remaining constituent districts or combinations of constituent districts shall have a number of inhabitants equal to, or exceeding the representative ratio. The districts formed in this manner shall be known as representative districts.

d. There shall be established a priority list according to the method of equal proportions for the apportionment of the members of the regional district board of education among the representative districts.

e. The members of the regional district board of education shall be apportioned among the representative districts according to the method of equal proportions, and where a representative district is composed of more than one constituent district, members shall be elected at large from within the representative district.

f. The number of inhabitants of each representative district shall be divided by the number of members assigned to that district to find the number of inhabitants per member.

g. The vote to be cast by each member of the regional district board of education in all proceedings of the board shall be determined by dividing the number of inhabitants per member in the representative district from which the member is elected by the representative ratio for the regional district, and rounding off the quotient to the nearest tenth of a full vote.

Wherever any statute or bylaw of the board requires decision in any matter by vote of a majority of the board members, or of the members present, this shall be interpreted as meaning a majority of the weighted votes of all members, or of the members present, as the case may be.

h. Whenever the above reapportionment procedure is used for a regional district having more than nine constituent districts, the terms of office of all incumbent board of education members shall terminate on the day on which the annual organization meeting of the board is held pursuant to N.J.S.18A:13-12 following certification by the executive county superintendent of the representative districts and the number of members to be elected from each; provided, that if the reapportionment results in any representative district retaining its former boundaries and the same number of board members, that the members elected from such a district shall serve the full term for which they were elected. All other board members shall be elected in an election to be held on the date of the annual school election at least 60 days following certification by the executive county superintendent for initial terms of office to be designated in advance by the executive county superintendent so that, as nearly as possible, one-third of the board shall be elected in each future year, to serve for three-year terms, and where a representative district has more than one member, their terms of office shall terminate in different years.

If any constituent district is a consolidated district, or a district composed of two or more municipalities, and

a. The original district is a limited purpose regional district and such constituent district has such population that it is entitled to have apportioned to it a number of members equal to or greater than the number of districts making up such constituent district, or

b. The regional district is an all purpose district, the membership of the regional board of education from such district shall be apportioned, and from time to time reapportioned, and the members from the district shall be elected, as their respective terms expire, in the same manner as though each of the municipalities making up such constituent district were constituent districts of the regional district.

##### **§ 18A:13-9** Reapportionment of membership {#sec-18a-13-9 omnilex-key=us-nj-statutes--title-18a--18A:13-9}

1. Each apportionment shall continue in effect unless and until a reapportionment shall become necessary by reason of the receipt by the Governor of the next federal census or the enlargement of the regional district by the admission of one or more local districts. In any such case, immediately after the receipt by the Governor of said census or the certification of a favorable result of the election for enlargement of the regional district, the county superintendent or county superintendents of the county or counties in which the constituent districts are situate shall reapportion the members accordingly but all members shall continue in office for the terms for which they were elected or appointed notwithstanding any reapportionment. If any constituent district shall become entitled to increased representation on the board the additional members shall be elected at the next annual school election of the regional district. If, as a result of such reapportionment, a disproportionate number of the total representatives of any one constituent district to a regional board are to be elected at a single annual school election, the commissioner shall have the power, on petition of a constituent district board of education, to alter the term of any member representing such constituent district by not more than 1 year, so as to temporarily apportion, as equally as possible over any given 3-year period, the election of the members representing such constituent district.

##### **§ 18A:13-9a** Apportionment of membership of board of education. {#sec-18a-13-9a omnilex-key=us-nj-statutes--title-18a--18A:13-9a}

2. Notwithstanding the provisions of N.J.S.18A:13-9 or any other section of law to the contrary, in the case in which the membership of the board of education of the regional district is apportioned pursuant to section 1 or section 3 of P.L.2017, c.45 (C.18A:13-34a or C.18A:13-46.1), the apportionment shall continue in effect until the receipt by the Governor of the next federal census. Immediately after the receipt by the Governor of a federal census, the Commissioner of Education shall consult with the constituent districts of the regional district to determine whether or not to reapportion the membership of the board of education of the regional district. All members of the board of education of the regional district shall continue in office for the terms for which they were elected or appointed notwithstanding any reapportionment ordered by the commissioner. If any constituent district receives increased representation on the board as a result of a reapportionment ordered by the commissioner, the additional members shall be elected at the next annual school election of the regional district. If, as a result of such reapportionment, a disproportionate number of the total representatives of any one constituent district to a regional board are to be elected at a single annual school election, the commissioner shall have the power, on petition of a constituent district board of education, to alter the term of any member representing such constituent district by not more than one year, so as to temporarily apportion, as equally as possible over any given three-year period, the election of the members representing such constituent district.

##### **§ 18A:13-9.1** Special election of members of board after Federal decennial census; resolution {#sec-18a-13-9.1 omnilex-key=us-nj-statutes--title-18a--18A:13-9.1}

1. Whenever the board of education of a regional district shall, following the taking of a federal decennial census and the issuance of preliminary populations of the constituent districts pursuant to said census but prior to the issuance of the final populations of said districts and the receipt by the Governor of said census in this State, determine that (a) said final populations and receipt by the Governor of the census shall not be available in time for the next succeeding election of members of said board, (b) said preliminary figures indicate that significant changes in the number of members to be allocated to the constituent districts will result, and (c) the allocation of members among the constituent districts on the basis of the present official census effective in this State will result in inequitable representation, it may, by resolution unanimously adopted and approved by the Commissioner of Education, provide that, notwithstanding the provisions of any other law to the contrary, the members to be next elected pursuant to article 7 of chapter 13 of Title 18A of the New Jersey Statutes shall be elected at a special election to be held on a day no later than 60 days after the receipt by the Governor of said census in this State as specified in said resolution.

##### **§ 18A:13-9.2** Special election {#sec-18a-13-9.2 omnilex-key=us-nj-statutes--title-18a--18A:13-9.2}

In the event that such a resolution is adopted and approved, the terms of the present members of the regional board whose terms would terminate in the year of said election shall be continued until the organization meeting which shall be held during the first or second week after said special election at which time the board shall organize pursuant to section 18A:13-12 of the New Jersey Statutes and the terms of the members elected in said election shall commence. The powers of the present board shall continue unaltered until said organization meeting after said special election. Each such new member shall serve for the unexpired term only.

##### **§ 18A:13-10** Annual elections. {#sec-18a-13-10 omnilex-key=us-nj-statutes--title-18a--18A:13-10}

The board of education of each regional district shall provide for the holding, in accordance with the provisions of P.L.1995, c.278 (C.19:60-1 et al.), of an annual school election for the regional district.

At such election there shall be elected for terms of three years, the members of the regional boards of education to succeed those members of the board whose terms shall expire in that year, except as is in this chapter provided for the election of the first elected members of the board. The term of a member of a regional board of education elected in April shall begin on May 1st and end on April 30th. The term of a member of a regional board of education elected in November shall begin on January 1st and end on December 31st.

A board of education shall not conduct a meeting, except for the organization meeting, between January 1 and the organization date for a regional district with a November school election and May 1 and the organization date for a regional district with an April school election, respectively, unless a meeting is needed in order to deal with a matter of such urgency and importance as set forth in section 4 of P.L.1975, c.231 (C.10:4-9). If such a meeting is needed, a board shall ensure that all newly elected members present are sworn into office prior to conducting business.

In the event that a district opts to move its annual election date from November to April, member terms shall be shortened accordingly.

##### **§ 18A:13-11** Vacancies in membership of board; filling {#sec-18a-13-11 omnilex-key=us-nj-statutes--title-18a--18A:13-11}

Vacancies in the membership of the board shall be filled from the constituent districts represented by the former incumbents in the same manner as vacancies in the membership of boards of education of type II districts having elected boards of education are filled.

##### **§ 18A:13-12** Election of officers. {#sec-18a-13-12 omnilex-key=us-nj-statutes--title-18a--18A:13-12}

The board shall hold a regular meeting forthwith after its first appointment, and annually thereafter on any day between May 1 and May 7, inclusive, following the annual school election in April, at which it shall organize by the election, from among its members, of a president and vice president, who shall serve until the organization meeting next succeeding the election of their respective successors as members of the board. In the case of a regional district in which the annual school election is in November, the organization meeting shall be held on any day of the first week in January. If any board shall fail to organize within the designated period, the executive county superintendent of the county, or the executive county superintendents of the counties, in which the constituent districts are situate, shall appoint, from among the members of the board, a president and vice president to serve until the organization meeting next succeeding the next election.

##### **§ 18A:13-13** Appointment of secretary. {#sec-18a-13-13 omnilex-key=us-nj-statutes--title-18a--18A:13-13}

The board shall appoint a secretary who may or may not be a member of the board, for the term of one year beginning on July 1, or January 15 in the case of a regional district in which the annual school election is in November, following his appointment but he shall continue to serve after the expiration of his term until his successor is appointed and qualified. In a district which does not have a treasurer of school moneys, the secretary shall give bond in such amount and with such surety as the board shall direct. The board shall be guided in its determination of the amount of coverage necessary by a schedule of minimum limits promulgated by the State Board of Education.

##### **§ 18A:13-14** Treasurer of school moneys; appointment; term; bond. {#sec-18a-13-14 omnilex-key=us-nj-statutes--title-18a--18A:13-14}

The board may appoint a treasurer of school moneys who shall not be a member or employee of the board and it shall fix his salary. His term of office shall expire annually on June 30 of each year, or January 15 of each year in the case of a regional district in which the annual school election is in November. If a municipal officer is appointed treasurer, his term shall cease if he ceases to hold his municipal office and in either case, the treasurer shall continue in office after the expiration of his term until his successor is qualified. He shall give bond in such amount, and with such surety, as the board shall direct. The board in its determination of the amount shall be guided by a schedule of minimum limits to be promulgated by the State board.

##### **§ 18A:13-15** Acquisition of lands without districts {#sec-18a-13-15 omnilex-key=us-nj-statutes--title-18a--18A:13-15}

The board of education of any regional school district may from time to time acquire for school purposes, by purchase, condemnation or otherwise, lands or premises not exceeding 45 acres in extent and situated in whole or in part in any one or more municipalities adjoining the regional school district, and all of the proceedings to acquire such lands or premises shall be in accordance with the provisions of this title.

##### **§ 18A:13-16** Special police services; contracts with municipalities {#sec-18a-13-16 omnilex-key=us-nj-statutes--title-18a--18A:13-16}

The board of education of any regional district may contract with the municipality in which any of its regional schools are located for such special police services as may be required for the safety of its students and such regional district shall appropriate and raise annually in the same manner as other school moneys are appropriated and raised in the district the amount required to pay therefor.

##### **§ 18A:13-17** Submission of budget; other questions to voters; adherence to procedures. {#sec-18a-13-17 omnilex-key=us-nj-statutes--title-18a--18A:13-17}

a. (Deleted by amendment, P.L.2023, c.289)

b. In the case of a regional district in which the annual school election is in April or November, the regional board of education shall fix and determine the district's budget for the ensuing school year and may submit at the annual school election any question authorized by law to be submitted at such an election. The board shall follow the procedures established in section 5 of P.L.1996, c.138 (C.18A:7F-5), N.J.S.18A:22-33, and, as applicable, section 41 of P.L.2011, c.202 (C.18A:7F-5.4).

##### **§ 18A:13-23** Apportionment of appropriations. {#sec-18a-13-23 omnilex-key=us-nj-statutes--title-18a--18A:13-23}

The annual or special appropriations for regional districts, including the amounts to be raised for interest upon, and the redemption of, bonds payable by the district, shall be apportioned among the municipalities included within the regional district, as may be approved by the voters of each municipality at the annual school election or a special school election, upon the basis of:

a. the portion of each municipality's equalized valuation allocated to the regional district, calculated as described in the definition of equalized valuation in section 3 of P.L.2007, c.260 (C.18A:7F-45);

b. the proportional number of pupils enrolled from each municipality on the 15th day of October of the prebudget year in the same manner as would apply if each municipality comprised separate constituent school districts; or

c. any combination of apportionment based upon equalized valuations pursuant to subsection a. of this section or pupil enrollments pursuant to subsection b. of this section.

##### **§ 18A:13-23.3** Modification of apportionment of appropriations {#sec-18a-13-23.3 omnilex-key=us-nj-statutes--title-18a--18A:13-23.3}

5. A regional district may modify the manner in which the amounts to be raised for annual or special appropriations for the district, including the amounts to be raised for interest upon, and the redemption of, bonds payable by the district, are apportioned pursuant to N.J.S.18A:13-23 only upon the occurrence of one of the following events:

a. Ten years have elapsed since the last school election in which the apportionment of costs was approved by the voters;

b. A school year in which the equalized valuations of any constituent municipality when divided by the total equalized valuations of all the constituent municipalities is either greater than .10 plus or less than .10 minus the result expressed as a decimal of the equalized valuations of the constituent municipality divided by the total equalized valuations of all the constituent municipalities in the school year of the last school election in which the apportionment of costs was approved by the voters;

c. A school year in which the pupil population of any constituent municipality when divided by the total pupil population of the regional district is either greater than .10 plus or less than .10 minus the result expressed as a decimal of the pupil population of the constituent municipality divided by the total pupil population of the regional district in the school year of the last school election in which the apportionment of costs was approved by the voters;

d. A school year in which the regional district is enlarged by the admission of one or more districts;

e. During any school year if the regional district was formed prior to the effective date of P.L.1993, c.67 (C.18A:7D-37 et al.) and has never revised its cost apportionment basis.

##### **§ 18A:13-24** Appropriations; certification; apportionment; assessment and collection among constituent districts {#sec-18a-13-24 omnilex-key=us-nj-statutes--title-18a--18A:13-24}

The amounts to be raised for annual or special appropriations and for interest upon, and the redemption of, bonds for regional districts shall be certified by the regional board of education to, and shall be apportioned among the municipalities included within the regional district as follows:

a. When the regional district is located wholly within one county, said amounts shall be certified to the county board of taxation of the county and shall be apportioned by it among such municipalities in the manner, and upon the basis, prescribed in this article; or

b. When the regional district is located in more than one county, said amount shall be certified to the county board of taxation of the county in which the largest number of regional district pupils are resident, and said amounts shall be apportioned by said county board of taxation, among such municipalities in the manner, and upon the basis, prescribed in this article.

The share of the amount to be raised by taxation in each municipality included in a regional district shall be certified to the appropriate county board of taxation by the Commissioner of Education.

The amounts apportioned to each such included municipality shall be assessed, levied and collected in the same manner and at the same time as other school taxes are assessed, levied and collected therein and shall be paid upon requisition as in other Type II school districts.

##### **§ 18A:13-26** Authorization; issuance; maturities, sales and lien of bonds {#sec-18a-13-26 omnilex-key=us-nj-statutes--title-18a--18A:13-26}

Bonds or notes of a regional school district shall be issued in the corporate name of the district, and shall be authorized and issued, in accordance with the law governing the issuance of bonds by type II districts, and the outstanding bonds and notes of a regional school district shall be a lien upon the real estate, situate in all the constituent school districts in the regional district, and the personal estates of the inhabitants of all of such constituent districts, as well as the public property of said constituent districts and of the regional district, shall be liable for the payment thereof.

All bonds and notes issued by or for regional districts shall be dated and sold in all respects in accordance with the provisions of this title and shall mature within the period or respective periods of time prescribed by such provisions, in each case computed from the date of such bonds.

##### **§ 18A:13-27** Newly created regional districts; issuance of temporary bonds or notes for current expenses; submission to voters, etc. {#sec-18a-13-27 omnilex-key=us-nj-statutes--title-18a--18A:13-27}

Whenever the boards of education of all local school districts proposing to create a regional district shall determine by identical resolutions that it is desirable, as part of the proposal to create such regional district, to issue promissory notes or temporary loan bonds of the regional district, in a principal amount not exceeding such amount as shall be stated in said resolutions, to mature not later than one year, from the date of the issuance of the first of such notes or bonds, in order to provide for the current expenses of the proposed regional district to be incurred until appropriations for the operation of the regional district will be available and the commissioner shall certify in writing that said principal amount does not exceed the amount which reasonably may be expected to be necessary for such expenses, each of said boards of education may, at the election called and conducted to act upon the proposal for the creation of the regional district, submit as part of such proposal the authorization and approval of the issuance of said notes or bonds briefly describing the contents of the resolution authorizing the issuance of the same and stating the date upon which it was adopted by the boards of education in question. If such proposal is adopted any such note or bond so authorized may be issued and may be renewed in like form, without further certification or submission to the voters, to mature not later than two years from the date of the first of the notes or bonds so renewed, but no school debt statement need be prepared or filed prior to the authorization of such bonds.

##### **§ 18A:13-28** Authorization of bonds upon formation of regional district {#sec-18a-13-28 omnilex-key=us-nj-statutes--title-18a--18A:13-28}

The board of education of each local district proposing to create or to join in the creation of the regional district or the board of education of any regional district and of each local district proposing to unite to enlarge the regional district may adopt identical resolutions authorizing the issuance of bonds of such proposed or enlarged regional district, in such amount or amounts, and for such of the purposes described in section 18A:24-5 as they shall determine upon and there may be submitted, as part of the proposal for the creation or enlargement of the regional district the approval of the authorization of the issuance of such bonds. If the provisions of sections 18A:24-24 through 18A:24-27 are applicable to such issuance of bonds, a copy of such resolutions shall be submitted, prior to such election, for consideration by the commissioner and the local finance board under and for all the purposes of said sections and no such authorization shall be submitted in any such case except it be approved for submission as provided in said sections. If the proposal containing such authorization shall be approved by referendum in each of such districts such resolutions shall after such vote be authority for the issuance of bonds of such regional district to the amount and for the purpose or purposes set forth therein, and from and after the date of, such vote, shall for all purposes of any provisions of this title, be deemed to constitute resolutions duly approved on said date by the local voters of such regional district authorizing the board of education thereof to issue bonds of such regional district for the purpose or purposes and in the amount or amounts set forth in such proposal.

If the regional district so created or enlarged is a limited purpose regional district, no school debt statement in relation to the issuance of such bonds need be prepared and filed prior to the authorization of the issuance thereof.

##### **§ 18A:13-29** Issuance of bonds of constituent district by all purpose regional district {#sec-18a-13-29 omnilex-key=us-nj-statutes--title-18a--18A:13-29}

If in any consolidated district, or local district comprising two or more municipalities, which is comprised in an all purpose regional district, the issuance of bonds of said consolidated district or district comprising two or more municipalities has been authorized and approved by referendum in accordance with this title before the creation of such regional district and all or any part of such issue of bonds remained or remain unissued at the time of the creation of the regional district, such authorization and approval shall, be authority for the issuance of bonds of the regional district in same amount and for the same purpose or purposes after the date of such creation, as though such authorization and approval by referendum had been given in the regional districts after the creation thereof. The bonds so issued shall be dated and sold and made payable in accordance with the provisions of this chapter and any provisions of resolutions with respect to the dates and maturities of such bonds shall not affect the powers of the regional board of education with respect to such dates and maturities.

##### **§ 18A:13-30** Issuance of bonds for acquisition of lands to include buildings, equipment, etc. {#sec-18a-13-30 omnilex-key=us-nj-statutes--title-18a--18A:13-30}

Every resolution, proposition, question or proposal heretofore or hereafter adopted by the legal voters of:

1. Any regional district then in existence, or

2. Each local district proposing to join in the creation of a regional district, or

3. Any local district proposing to join with a regional district so as to enlarge the same, and of the regional district so to be enlarged

authorizing the issuance of bonds of said existing regional district or of the regional district so to be formed or enlarged, as the case may be, for the purchase or taking or condemning of land for school purposes shall, unless otherwise expressly provided therein, be deemed to include and authorize the purchase of any schoolhouse or schoolhouses or other buildings situate thereon and the furniture and other necessary equipment therefor and the material and supplies therefor, as well as the issuance of said bonds for said purpose in the amount or amounts set forth in such resolution, proposition, question or proposal.

##### **§ 18A:13-31** Authority to purchase and sell property of constituent district {#sec-18a-13-31 omnilex-key=us-nj-statutes--title-18a--18A:13-31}

Whenever at an election held to create or enlarge a regional district and at that or a subsequent election a resolution for the purchase of real or personal property or both from one or more of the constituent districts of such regional district and the issuance of bonds of the newly created or enlarged regional district shall be legally adopted and approved by referendum as part of the proposal to create or enlarge such regional district, the board or boards of education of said constituent district or districts shall have power to sell and convey said property if it is no longer useful to such district at the price and on the terms designated in the resolution, and the board of education of the regional district as created or enlarged, when organized, shall have power to purchase the same accordingly at private sale, and to issue and sell such bonds with such maturities, and in such manner as is prescribed by law.

##### **§ 18A:13-32** Application of proceeds of sale of property {#sec-18a-13-32 omnilex-key=us-nj-statutes--title-18a--18A:13-32}

The board of education of each constituent district from which any purchase of real property is made pursuant to section 18A:13-31 may expend all or any part of the proceeds of any such sale together with any interest thereon for any purpose for which bonds might be issued by such district if the board shall first have been authorized to make such expenditure in the same manner as authority is given in the case of issuance of bonds of the district and all or any part of the proceeds of such sale not so expended shall be applied to the payment of the principal of any outstanding bonds or notes of the district and pending said application shall be invested in war savings bonds or other obligations of the United States of America pursuant to law and the income received from such investments shall be applied to the payment of interest upon said outstanding bonds or notes as it shall become due and payable and if any surplus of such proceeds remains after the payment of the principal and interest payable upon said outstanding bonds or notes, the same, or if there be then no outstanding bonds or notes, the entire proceeds shall be paid into the capital account of the local school district.

##### **§ 18A:13-33** Additional purposes; referendum {#sec-18a-13-33 omnilex-key=us-nj-statutes--title-18a--18A:13-33}

Whenever the board of education of a regional district and the commissioner or his representative, shall, after consultation, study and investigation, determine that it is advisable to add to the purposes for which the regional district was created, one or more of the purposes for which such a district may be created as provided in this chapter, the regional board shall by resolution frame and adopt a proposal to that effect and submit to the voters of the regional district at any school election held therein, the question, whether or not said proposal shall be approved, briefly describing the contents thereof and stating the date of its adoption by the regional board of education, and if, at said election, said proposal is adopted by a majority of the votes cast thereon in the regional district, the secretary of the regional district shall certify to the county superintendent of each county in which any of the constituent districts of the regional district is situate, and to the commissioner, the result of said election and thereafter the regional board of education shall be authorized to carry out such additional purpose or purposes.

If the proposal to add additional purposes will convert the regional district from a limited purpose regional district to an all purpose regional district, the proposal shall be submitted to the voters of each of the constituent districts of the regional district instead of at large to the voters of the regional district.

If the boards of education of a regional district, and of each local district, proposing to join therewith to enlarge said regional district, and the commissioner or his representative, shall, after consultation, study and investigation, determine by resolution so to add to the purpose or purposes of the regional district, the authorization of the adoption of such additional purpose or purposes shall be included by resolution in the proposal to enlarge said regional district and shall be so submitted to the voters of the regional district and of each proposed new constituent district at the election to be held in relation to the enlargement of said regional district.

##### **§ 18A:13-33.1** Proposal to increase purposes of regional district adopted by voters; duties of affected board of education. {#sec-18a-13-33.1 omnilex-key=us-nj-statutes--title-18a--18A:13-33.1}

15. a. Notwithstanding any law, rule, or regulation to the contrary, when a proposal to add to the purposes for which a regional district was created is submitted to the voters and adopted pursuant to N.J.S.18A:13-33, the board of education of a constituent district and of the limited purpose or all purpose regional district, as applicable, shall proceed with the regionalization plan in accordance with the provisions of the proposal. Any claim that a board of education of a constituent district or the board of education of the limited purpose or all purpose regional district, as applicable, is proceeding with the regionalization plan in a manner inconsistent with the provisions of the proposal shall be made directly to the Commissioner of Education.

b. In the event that the commissioner determines that a board of education of a constituent district or the board of education of the limited purpose or all purpose regional district, as applicable, is acting in a manner inconsistent with the provisions of a proposal adopted pursuant to N.J.S.18A:13-33, such board of education shall submit plans to the commissioner detailing the steps to be taken to address such inconsistencies.

##### **§ 18A:13-33.2** Limited purpose to all purpose regional district, vote. {#sec-18a-13-33.2 omnilex-key=us-nj-statutes--title-18a--18A:13-33.2}

16. a. Notwithstanding the provisions of N.J.S.18A:13-33 or any other law, rule, or regulation to the contrary, if a proposal to add additional purposes will convert a regional district from a limited purpose regional district to an all purpose regional district, the proposal shall be submitted to the voters of each of the constituent districts of the regional district instead of at large to the voters of the regional district, and said proposal to convert a limited purpose regional district to an all purpose regional district shall be considered adopted if a majority of the voters in a majority of the constituent districts that constitute the limited purpose regional district vote to form an all purpose regional district. Notwithstanding any law, rule, or regulation to the contrary, a board of education of a constituent district of a limited purpose regional district that does not vote to join an all purpose regional district pursuant to the provisions of this subsection may continue to send such students as were enrolled in the limited purpose regional district to the schools that were established as part of the limited purpose regional district. Nothing contained herein shall be construed as prohibiting a limited purpose regional district from seeking to add to the purposes for which the limited purpose regional district was created pursuant to the process established under N.J.S.18A:13-33.

b. Notwithstanding any law, rule, or regulation to the contrary, if a proposal to add additional purposes to a limited purpose regional district is adopted pursuant to the provisions of subsection a. of this section, the constituent districts constituting the limited purpose regional district shall calculate and apportion the membership of the board of education of the newly formed all purpose regional district upon the basis of a proportional number of pupils enrolled from each constituent district that constitutes the limited purpose regional district, including any district that does not vote to join the all purpose regional district and continues to send students to the schools of the limited purpose regional district pursuant to subsection a. of this section. However, each constituent district, including any district that does not vote to join the all purpose regional district and continues to send students to the schools of the limited purpose regional district pursuant to subsection a. of this section, shall have at least one member. A constituent district that does not vote to join the all purpose regional district but retains membership on the board of education of the newly formed all purpose regional district pursuant to the provisions of this subsection shall be eligible to vote on any matter before the all purpose regional board of education on which a member of the board of education of a sending district is eligible to vote on before a receiving board of education as provided in section 1 of P.L.1995, c.8 (C.18A:38-8.1).

##### **§ 18A:13-33.3** Proposal to calculate, apportion board membership; limited purpose to all purpose regional district. {#sec-18a-13-33.3 omnilex-key=us-nj-statutes--title-18a--18A:13-33.3}

17. a. Notwithstanding any law, rule, or regulation to the contrary, when a limited purpose regional district is proposing to add additional purposes that will convert the limited purpose regional district to an all purpose regional district, the constituent districts may by resolution frame and adopt a proposal to calculate and apportion the membership of the board of education of the newly formed all purpose regional district among the constituent districts as nearly as may be according to the number of their inhabitants, except that each constituent district shall have at least one member.

The new members of the board of education of the newly created all purpose regional district, who shall serve until the election of the first elected members of the newly formed regional district pursuant to the provisions of subsection b. of this section, shall be selected as follows:

(1) two-thirds shall be selected from among the members of the boards of education or governing bodies of the constituent districts constituting the limited purpose regional district; and

(2) one-third shall be selected from among the members of the board of education of the limited purpose regional district proposing to add additional purposes, with such members selected according to the number of each constituent districts' inhabitants.

b. Notwithstanding any law, rule, or regulation to the contrary, the first elected members of the board of education of the newly formed regional district shall be elected in accordance with the proposal to calculate and apportion the membership of the board of education adopted pursuant to subsection a. of this section at the annual election to be held in the calendar year first succeeding the year in which the election for the creation of the district was held.

##### **§ 18A:13-34** Creation of regional school district, apportionment of appropriations. {#sec-18a-13-34 omnilex-key=us-nj-statutes--title-18a--18A:13-34}

If the boards of education of two or more local districts, or the board of education of a consolidated district, or of a district comprising two or more municipalities, and the commissioner or his representative, after consultation, study and investigation, shall determine, that it is advisable for such districts to join and create, or for such district to become

(a) an all purpose regional school district for all the school purposes of such districts or district, or

(b) a limited purpose regional school district to provide and operate, in the territory comprised within such local districts or district, one or more of the following: elementary schools, junior high schools, high schools, vocational schools, special schools, health facilities or particular educational services or facilities, that board or boards shall by resolution frame and adopt a proposal to that effect stating also the manner in which the amounts to be raised for annual or special appropriations for such proposed regional school district, including the amounts to be raised for interest upon, and the redemption of bonds payable by the regional district, shall be apportioned upon the basis of:

a. the portion of each municipality's equalized valuation allocated to the regional district, calculated as described in the definition of equalized valuation in section 3 of P.L.2007, c.260 (C.18A:7F-45);

b. the proportional number of pupils enrolled from each municipality on the 15th day of October of the prebudget year in the same manner as would apply if each municipality comprised separate constituent school districts; or

c. any combination of apportionment based upon equalized valuations pursuant to subsection a. of this section or pupil enrollments pursuant to subsection b. of this section, and each such board shall submit on the same day in each municipality in its district at a special election or at the general election the question whether or not the proposal shall be approved, briefly describing the contents of the resolution and stating the date of its adoption and they may submit also, at the special election, as part of such proposal, any other provisions which may be submitted, at such a special election, under the provisions of this chapter and any such special election pursuant to the provisions of this section shall be held pursuant to the provisions of P.L.1995, c.278 (C.19:60-1 et seq.). Except as otherwise provided herein, the special election shall be conducted in accordance with the provisions of P.L.1995, c.278 (C.19:60-1 et al.).

##### **§ 18A:13-34a** Board of education for newly created regional district. {#sec-18a-13-34a omnilex-key=us-nj-statutes--title-18a--18A:13-34a}

1. Notwithstanding any section of law to the contrary, the boards of education proposing to form a newly created regional school district may by resolution frame and adopt a proposal to calculate and apportion the membership of the board of education of the newly created regional district other than in accordance with the provisions of N.J.S.18A:13-8. If the commissioner approves the alternative apportionment, then that alternative apportionment shall be included in the consultation, study, and investigation conducted pursuant to N.J.S.18A:13-34 to determine whether it is advisable for school districts to form a newly created regional school district. If the commissioner or his representative determines that it is advisable for such districts to form a newly created regional school district, and the question of whether or not the proposal to create a regional district is submitted to the voters pursuant to N.J.S.18A:13-34, and the proposal is adopted by the voters pursuant to N.J.S.18A:13-35, then the members of the board of education of the regional district shall be elected in accordance with such alternate apportionment. Notwithstanding any provision of this section to the contrary, the last federal census officially promulgated in this State as reported by the Secretary of State pursuant to section 1 of P.L.2021, c.198 (C.52:4-1.6) shall be the basis for apportionment under this section.

##### **§ 18A:13-34b** Proposal to calculate, apportion board membership; newly created regional district. {#sec-18a-13-34b omnilex-key=us-nj-statutes--title-18a--18A:13-34b}

18. a. Notwithstanding the provisions of N.J.S.18A:13-8 or any other law, rule, or regulation to the contrary, the boards of education proposing to form a newly created regional district may by resolution frame and adopt a proposal to calculate and apportion the membership of the board of education of the newly created regional district according to the number of each constituent districts' inhabitants, except that each constituent district shall have at least one member. The calculation and method of apportionment chosen pursuant to the provisions of this subsection need not be approved by the commissioner or his representative. If the commissioner or his representative determines that it is advisable for such districts to form a newly created regional district, and the question of whether or not the proposal to create a regional district is submitted to the voters pursuant to N.J.S.18A:13-34, and the proposal is adopted by the voters pursuant to N.J.S.18A:13-35, then the members of the board of education of the newly formed regional district shall be selected from among the members of the boards of education of each constituent district of the newly created regional district, who shall serve until the election of the first elected members of the newly created regional district pursuant to the provisions of subsection b. of this section, in accordance with the proposal to calculate and apportion the membership of the board of education adopted pursuant to this subsection.

b. Notwithstanding any law, rule, or regulation to the contrary, the first elected members of the board of education of a newly created regional district shall be elected in accordance with the proposal to calculate and apportion the membership of the board of education adopted pursuant to subsection a. of this section at the annual election to be held in the calendar year first succeeding the year in which the election for the creation of the district was held.

##### **§ 18A:13-34.2** Impact assessment {#sec-18a-13-34.2 omnilex-key=us-nj-statutes--title-18a--18A:13-34.2}

6. The Department of Education shall provide to the board of education of a school district proposing to join or create a regional school district and to the board of education of a regional school district proposing to modify its method of apportionment, an impact assessment of the apportionment method. The impact assessment shall be provided to the board of education at least 45 days prior to the date of the school election at which the question will be presented to the voters. The failure of the department to provide an impact assessment in accordance with this section will not preclude the district from submitting the question to the voters at the school election.

##### **§ 18A:13-35** Certification and determination of the result of referendum to create regional district {#sec-18a-13-35 omnilex-key=us-nj-statutes--title-18a--18A:13-35}

The secretary of each local district, so proposed to be included in the proposed regional district, shall certify to the county superintendent of the county, in which such district is situate, within 5 days after such election, the results of the election held therein for the creation of a regional district, showing the number of votes cast for, and the number cast against, the adoption of the proposal to create such a regional district submitted therein, in each municipality in his district and each county superintendent of a county, in which any such municipality or municipalities are situate, shall canvass the vote cast in each such municipality and if such county superintendent or superintendents shall determine from such certificates that a majority of the votes cast for and against the proposal submitted at said election were cast for its adoption in a consolidated district or in each such municipality other than a constituent of a consolidated district, he or they shall immediately certify to the board of education of each such local district, the result of such vote as so determined and the regional school district shall be created and any other provisions included in such proposal in accordance with the provisions of this chapter shall become effective on the twentieth day following the day of such election.

##### **§ 18A:13-35.1** Proposal to form regional district adopted by voters; duties of affected board of education. {#sec-18a-13-35.1 omnilex-key=us-nj-statutes--title-18a--18A:13-35.1}

13. a. Notwithstanding any law, rule, or regulation to the contrary, when a proposal to form a limited purpose or all purpose regional district is submitted to the voters pursuant to N.J.S.18A:13-34, and the proposal is adopted by the voters pursuant to N.J.S.18A:13-35, a board of education shall proceed with the regionalization plan in accordance with the provisions of the proposal. Any claim that a board of education is proceeding with the regionalization plan in a manner inconsistent with the provisions of the proposal shall be made directly to the Commissioner of Education.

b. In the event that the commissioner determines that a board of education is acting in a manner inconsistent with the provisions of a proposal adopted pursuant to N.J.S.18A:13-35, such board of education shall submit plans to the commissioner detailing the steps to be taken to address such inconsistencies.

##### **§ 18A:13-36** Apportionment of membership of board of newly created regional district. {#sec-18a-13-36 omnilex-key=us-nj-statutes--title-18a--18A:13-36}

Except as otherwise provided in section 1 of P.L.2017, c.45 (C.18A:13-34a), the executive county superintendent or executive county superintendents of any county or counties, in which such newly created regional district is situate, shall calculate and apportion the membership of the board of education of such newly created regional district in accordance with the provisions of N.J.S. 18A:13-8 and if such regional district is an all purpose regional district such membership shall be apportioned among the municipalities included within the districts according to the number of their inhabitants, as apportionment is made among constituent districts forming a limited purpose regional district, and the members shall be elected or appointed in accordance with such apportionment.

##### **§ 18A:13-37** First board of education; appointment {#sec-18a-13-37 omnilex-key=us-nj-statutes--title-18a--18A:13-37}

The county superintendent of each county in which there is located any constituent district of a newly created regional district shall appoint from among the citizens of each constituent district in his county, qualified as required by sections 18A:12-1 and 18A:13-7 of this title, the number of members of the board of education of the regional district requisite to represent such constituent district and all of the members so appointed shall constitute the first board of education of the regional district.

##### **§ 18A:13-38** Allocation of terms for first elective board {#sec-18a-13-38 omnilex-key=us-nj-statutes--title-18a--18A:13-38}

The county superintendent or county superintendents appointing the first board of education of a regional district shall allocate the initial elective terms for the first elective members of said board in the following manner:

(1) In regional districts having nine members, three members shall be elected for three years, three for two years and three for one year, which terms shall be allocated to the constituent districts to the extent of apportioned membership on the regional board of education, starting with the allocation of the terms of three years, by allocating one of such terms to each of the constituent districts in the alphabetical order of the names of such districts, and continuing then still in such order with allocation of the terms of two years and with allocation of the terms of one year.

(2) In regional districts in which there are more than nine constituent school districts, the allocation for the tenth district shall be a term of three years, for the eleventh district a term of two years, and for the twelfth district a term of one year, with continuation of such rotation until provision has been made for allocation of the terms to all districts.

In any regional district in which the constituent districts have been or will be dissolved, said allocation shall be made among the municipalities included within the regional district in the manner hereinbefore provided for allocation among the constituent districts.

The county superintendent or county superintendents shall notify the board, when it shall have been organized, of the allocation of initial elective terms for its members as so made.

##### **§ 18A:13-39** Election of first members of board. {#sec-18a-13-39 omnilex-key=us-nj-statutes--title-18a--18A:13-39}

The first elected members of the board of a newly created regional district shall be elected at the annual election to be held in the calendar year first succeeding the year in which the election for the creation of the district was held.

##### **§ 18A:13-40** General powers and duties of board of newly created regional districts. {#sec-18a-13-40 omnilex-key=us-nj-statutes--title-18a--18A:13-40}

The board of education of a newly created regional district may, prior to taking charge and control of the educational facilities of the regional district, do all other acts and things which may be necessary for the proper organization and functioning of the public schools of the regional district during its first year, including the making of contracts for the employment of necessary personnel and for other proper purposes, the preparation of the budget and the appropriations for the conduct of the public schools of the regional district during its first school year, the authorization of the purchase of real and personal property, and the construction, enlargement and repair of buildings, for school purposes, and the appropriations of the funds necessary to carry out the same and the authorization of the issuance and sale of bonds in order to provide for the payment therefor in whole or in part and the calling and holding of special elections when necessary for any such purposes and to carry out any or all of said purposes.

##### **§ 18A:13-40.1** Coordination of limited purpose regional school districts with constituent districts. {#sec-18a-13-40.1 omnilex-key=us-nj-statutes--title-18a--18A:13-40.1}

1. The board of education of a limited purpose regional school district shall meet and work with the constituent school districts of the regional district, on at least an annual basis, to:

a. coordinate the school calendars of the limited purpose regional school district and the constituent school districts in order to ensure consistency across the districts; and

b. review and analyze the curriculum of each constituent school district to facilitate consistency in the educational program and in the articulation and alignment of the curriculum of students who will attend the constituent school districts and the limited purpose regional school district.

##### **§ 18A:13-41** Taking charge and control of educational facilities of schools in newly created regional districts. {#sec-18a-13-41 omnilex-key=us-nj-statutes--title-18a--18A:13-41}

A regional board of education of a newly created regional district shall take charge and control of the educational facilities of the constituent districts in the classes or grades for which the same is formed when the commissioner shall certify to the boards of education of each of the constituent districts that suitable facilities and accommodations have been made available for the instruction of the pupils in said regional district, but it shall not take charge and control of such educational facilities earlier than July 1 of the calendar year next ensuing the date of the election for the creation of the district, except by agreement between the regional board and the boards of education of the constituent districts, approved by the commissioner. Until the commissioner shall so certify, the charge and control of the educational facilities of the constituent districts in the classes and grades for which the regional district was formed shall continue to be in the respective boards of education of the constituent districts.

##### **§ 18A:13-42** Pension and tenure rights; certain teachers transferred to regional districts; preserved {#sec-18a-13-42 omnilex-key=us-nj-statutes--title-18a--18A:13-42}

Whenever a regional district has been created subsequent to April 1, 1951, or shall hereafter be created, for high school or junior high school education, the tenure and pension rights of any high school or junior high school teacher, who, at the time of the holding of the election to create such regional district, was assigned for a majority of his time in a grade or grades from grades seven to 12 inclusive, in any high school or junior high school in any of the constituent districts of such regional district, shall be recognized and preserved by the board of education of the regional district in the organization and operation of any high school or junior high school in the regional district, and any period of employment in any one or more of the high schools or junior high schools of any such constituent district or districts, shall count toward the acquisition of tenure in the regional district, but nothing in this section shall be applicable to any superintendent or high school or junior high school principal.

##### **§ 18A:13-43** Enlargement of districts; special election. {#sec-18a-13-43 omnilex-key=us-nj-statutes--title-18a--18A:13-43}

If the board of education of a regional district and the board or boards of education of one or more local districts, and the commissioner or his representative, after consultation, study and investigation, shall determine that it is advisable to enlarge the regional school district so as to include said local district or districts therein, the board of education of the regional district and of each such local district shall by resolution frame and adopt a proposal to that effect and shall submit upon the same day, in such regional district and in each such local school district, at a special school election held pursuant to the provisions of P.L.1995, c.278 (C.19:60-1 et seq.) or at an election to be held on the third Tuesday in April the question whether or not said proposal shall be approved briefly describing the contents of said resolution and stating the date of its adoption and they may submit also at such special election as part of such proposal any other provision which may be submitted at such a special election under the provisions of this chapter.

##### **§ 18A:13-44** Certification of results of election for enlargement of regional district {#sec-18a-13-44 omnilex-key=us-nj-statutes--title-18a--18A:13-44}

The secretary of the regional district and of each local district, which is included in the proposal to enlarge the regional district, shall certify to the county superintendent of the county in which such district is situate, within five days after such election, the result of the election in his district showing the number of votes cast for, and the number cast against, the adoption of such proposal and such county superintendent or county superintendents shall canvass the vote and if he or they shall determine from such certificates that such proposal was adopted in the regional school district and in each proposed constituent district, he or they shall notify the board of education of the regional district and of each proposed constituent district, and the commissioner, accordingly and the enlargement of the regional district, by the admission thereto of the proposed constituent district or districts, and any other provisions included in such proposal in accordance with the provisions of this chapter shall become effective on the twentieth day following the day of said election.

##### **§ 18A:13-44.1** Proposal to enlarge regional district adopted by voters; duties of affected board, boards of education. {#sec-18a-13-44.1 omnilex-key=us-nj-statutes--title-18a--18A:13-44.1}

14. a. Notwithstanding any law, rule, or regulation to the contrary, when a proposal to enlarge a limited purpose or all purpose regional district is submitted to the voters pursuant to N.J.S.18A:13-43, and the proposal is adopted by the voters pursuant to N.J.S.18A:13-44, a board of education of the regional district and the board or boards of education of one or more local districts determined to enlarge the regional district shall proceed with the regionalization plan in accordance with the provisions of the proposal. Any claim that a board of education is proceeding with the regionalization plan in a manner inconsistent with the provisions of the proposal shall be made directly to the Commissioner of Education.

b. In the event that the commissioner determines that a board of education of a regional district or of one or more local districts is acting in a manner inconsistent with the provisions of a proposal adopted pursuant to N.J.S.18A:13-44, such board of education shall submit plans to the commissioner detailing the steps to be taken to address such inconsistencies.

##### **§ 18A:13-45** Corporate existence and name; assumption of indebtedness {#sec-18a-13-45 omnilex-key=us-nj-statutes--title-18a--18A:13-45}

The corporate existence of an enlarged regional district shall be continued without interruption from the date of its original creation notwithstanding its enlargement and its corporate name shall remain unchanged unless another corporate name, approved by the state board, shall be adopted by resolution of the regional board of education and shall be certified to the secretary of state.

Each new constituent district shall become responsible, for the indebtedness of the regional district then outstanding or authorized but unissued, as if it had originally constituted a part of the regional district.

##### **§ 18A:13-46** Enlargement of regional districts; new board members; reapportionment. {#sec-18a-13-46 omnilex-key=us-nj-statutes--title-18a--18A:13-46}

Except as otherwise provided in section 3 of P.L.2017, c.45 (C.18A:13-46.1), the executive county superintendent of the county in which any new constituent district of an enlarged regional district shall be situate shall, not later than 30 days after the election for the enlargement thereof, appoint one member of the enlarged board of education of the regional district from among the qualified citizens of each such new constituent district and the members so appointed shall serve until the first Monday succeeding the first annual April school election of the enlarged regional district and their successors shall be elected at said election. In the case of a regional district in which the annual school election is in November, the members so appointed shall serve until the first week in January next succeeding the first annual November school election of the enlarged regional district and their successors shall be elected at that election. If by reason of the enlargement of the district it becomes necessary to reapportion the membership of the enlarged board of education the executive county superintendent or superintendents of the county or counties in which the constituent local districts of the enlarged district are situate shall reapportion the membership of the enlarged board of education in accordance with the provisions of sections 18A:13-8 and 18A:13-36, and at the same time shall designate the number of members to be elected from each constituent school district at the succeeding annual school election to be held therein upon the expiration of the terms of office of the members of the regional board then in office, in such manner that the representation of the constituent districts shall be established in accordance with such reapportionment at the earliest possible time but the members then in office shall continue in office for the terms for which they were elected or appointed notwithstanding such reapportionment.

##### **§ 18A:13-46.1** Apportionment of membership of enlarged district board of education. {#sec-18a-13-46.1 omnilex-key=us-nj-statutes--title-18a--18A:13-46.1}

3. a. Notwithstanding the provisions of any section of law to the contrary, the board of education of a regional district and the board or boards of education of one or more local districts determined to enlarge the regional school district may by resolution frame and adopt a proposal to calculate and apportion the membership of the enlarged board of education other than in accordance with the provisions of N.J.S.18A:13-8 and N.J.S.18A:13-36. If the commissioner approves the alternative apportionment, then that alternative apportionment shall be included in the consultation, study, and investigation conducted pursuant to N.J.S.18A:13-43 to determine whether it is advisable to enlarge the regional school district to include the local district or districts therein. If the commissioner or his representative determines that it is advisable to enlarge the regional school district to include the local district or districts therein, and the question of whether or not the proposal to enlarge the regional district is submitted to the voters pursuant to N.J.S.18A:13-43, and the proposal is adopted by the voters pursuant to N.J.S.18A:13-44, then the members of the enlarged board of education of the regional district shall be elected in accordance with the alternate apportionment.

For an enlarged regional district with a board of education apportioned pursuant to this section, the executive county superintendent of the county in which any new constituent district of an enlarged regional district is situate shall, not later than 30 days after the election for the enlargement thereof, appoint one member of the enlarged board of education of the regional district from among the qualified citizens of each new constituent district, and the members so appointed shall serve until the first Monday succeeding the first annual April school election of the enlarged regional district. In the case of a regional district in which the annual school election is in November, the members so appointed shall serve until the first week in January next succeeding the first annual November school election of the enlarged regional district.

b. The commissioner shall reapportion the membership of the enlarged board of education in accordance with the alternative apportionment determined pursuant to this section, and shall designate the number of members to be elected from each constituent school district. All members of the board of education of the enlarged regional district shall be elected in accordance with the alternative apportionment at the next annual school election after the election to enlarge the regional district.

c. The commissioner shall allocate the initial elective terms for the first elective members of the enlarged board in the following manner:

(1) In regional districts having nine members, three members shall be elected for three years, three for two years and three for one year, which terms shall be allocated to the constituent districts to the extent of apportioned membership on the regional board of education, starting with the allocation of the terms of three years, by allocating one of such terms to each of the constituent districts in the alphabetical order of the names of such districts, and continuing then still in such order with allocation of the terms of two years and with allocation of the terms of one year.

(2) In regional districts in which there are more than nine constituent school districts, the allocation for the tenth district shall be a term of three years, for the eleventh district a term of two years, and for the twelfth district a term of one year, with continuation of such rotation until provision has been made for allocation of the terms to all districts.

d. Notwithstanding any provision of this section to the contrary, the last federal census officially promulgated in this State as reported by the Secretary of State pursuant to section 1 of P.L.2021, c.198 (C.52:4-1.6) shall be the basis for apportionment under this section.

##### **§ 18A:13-46.2** Proposal to calculate, apportion board membership; enlarged regional district. {#sec-18a-13-46.2 omnilex-key=us-nj-statutes--title-18a--18A:13-46.2}

19. a. Notwithstanding the provisions of N.J.S.18A:13-8 or any other law, rule, or regulation to the contrary, the board of education of a regional district and the board or boards of education of one or more local districts determined to enlarge the regional district may by resolution frame and adopt a proposal to calculate and apportion the membership of the enlarged board of education according to the number of each constituent districts' inhabitants, except that each constituent district shall have at least one member. The calculation and method of apportionment chosen pursuant to the provisions of this subsection need not be approved by the commissioner or his representative. If the commissioner or his representative determines that it is advisable to enlarge the regional district to include the local district or districts therein, and the question of whether or not the proposal to enlarge the regional district is submitted to the voters pursuant to N.J.S.18A:13-43, and the proposal is adopted by the voters pursuant to N.J.S.18A:13-44, then all members of the board of education of the enlarged regional district shall be elected in accordance with the proposal to calculate and apportion the membership of the board of education adopted pursuant to this subsection at the next annual school election after the election to enlarge the regional district.

b. For an enlarged regional district with a board of education apportioned pursuant to this section, the board of education of the new constituent district of the enlarged regional district shall, not later than 30 days after the election for the enlargement thereof, appoint one member of the enlarged board of education of the regional district from among the members of the board of education of the new constituent district, and the member so appointed shall serve until the first Monday succeeding the first annual April school election of the enlarged regional district. In the case of a regional district in which the annual school election is in November, the member so appointed shall serve until the first week in January next succeeding the first annual November school election of the enlarged district.

##### **§ 18A:13-47** Enlarged regional districts; educational facilities; powers of board {#sec-18a-13-47 omnilex-key=us-nj-statutes--title-18a--18A:13-47}

The regional board of education of an enlarged regional district shall not take charge and control of the educational facilities, being provided for pupils in the classes or grades included in the regional district before its enlargement, in the local districts to be added thereto, until such time, not earlier than July 1 of the calendar year following that in which the election to enlarge the regional district is held, as the commissioner shall certify to the board of education of the regional district before its enlargement, and the board of education of each new constituent district, that suitable facilities and accommodations have been made available for the instruction of pupils in the enlarged regional district and until then the pupils in the regional district and in the new constituent districts shall continue under the charge and control of the board of education of the regional district existing prior to its enlargement and the board or boards of education of said new constituent district or districts, respectively. The time for taking charge and control of such facilities may be accelerated or postponed by agreement of the board of education of the regional district existing prior to its enlargement and of the board or boards of education of the new constituent district or districts with the approval of the commissioner. Upon taking charge and control of the educational facilities of the enlarged regional district the board of education of the enlarged regional district shall have full authority and control with respect thereto and in the meantime said board of the enlarged regional district may exercise any other powers and perform any other duties with respect to the enlarged regional district which the first board of education of a newly formed regional district may exercise and perform, as provided in section 18A:13-40.

##### **§ 18A:13-47.1** Definitions. {#sec-18a-13-47.1 omnilex-key=us-nj-statutes--title-18a--18A:13-47.1}

1. As used in sections 2 through 8 of P.L.2021, c.402 (C.18A:13-47.2 through C.18A:13-47.8):

"Board of education" means and includes the board of education of a local school district, consolidated school district, non-operating school district, and the board of education of a limited purpose or all purpose regional district.

"Division" means the Division of Local Government Services in the Department of Community Affairs.

"Governing body" means and includes, in the event that a school district enumerated herein does not have a board of education, the governing body of a local school district, a municipality constituting part of a consolidated school district, and the governing body of a municipality constituting a constituent district of a limited purpose or all purpose regional district.

"Participating district" means a school district whose board of education or governing body, as applicable, by resolution certifies a commitment to participate in a feasibility study submitted as part of an application under the grant program established pursuant to section 2 of P.L.2021, c.402 (C.18A:13-47.2).

"School district" means and includes a local school district, consolidated school district, non-operating school district, a constituent school district, and a limited purpose or all purpose regional district.

##### **§ 18A:13-47.2** Grant program established. {#sec-18a-13-47.2 omnilex-key=us-nj-statutes--title-18a--18A:13-47.2}

2. The Division of Local Government Services in the Department of Community Affairs shall establish a grant program, within the limit of funds appropriated or otherwise made available for the program, the purpose of which shall be to provide for the reimbursement of eligible costs associated with conducting feasibility studies that support the creation of meaningful and implementable plans to form or expand regional school districts. The division shall retain one percent of funds appropriated or otherwise made available for the program for the purpose of offsetting the expenses related to the administration of the program. In addition to funds being made available to boards of education and governing bodies seeking to conduct feasibility studies after the date of enactment of P.L.2021, c.402 (C.18A:13-47.1 et al.), funds under the grant program shall be made available to:

a. the boards of education or governing bodies of two or more school districts which have conducted within two years prior to the enactment of P.L.2021, c.402 (C.18A:13-47.1 et al.) a feasibility study for which no prior reimbursement was made; and

b. the boards of education or governing bodies of two or more school districts that are in the process of conducting a feasibility study as of the date of enactment of P.L.2021, c.402 (C.18A:13-47.1 et al.).

##### **§ 18A:13-47.3** Application to grant program; criteria, feasibility study. {#sec-18a-13-47.3 omnilex-key=us-nj-statutes--title-18a--18A:13-47.3}

3. a. The boards of education or governing bodies of two or more school districts seeking to form a limited purpose or all purpose regional district and that wish to apply for funding under the grant program established pursuant to section 2 of P.L.2021, c.402 (C.18A:13-47.2) shall jointly submit an application to the division. The application shall identify and designate at least one project coordinator from one or more participating districts who shall be responsible for overseeing the activities associated with conducting the feasibility study proposed under the application and for fulfilling any requirements prescribed by the division in the receipt of a grant under the program. The application shall also include:

(1) copies of the resolutions adopted by all participating boards of education or governing bodies, as applicable, certifying a commitment to participate in a feasibility study. An application may propose a feasibility study that would include an analysis of the inclusion of non-participating districts in a proposed regional district, in which case the application shall state that the feasibility study will present findings and recommendations related both to the consolidation of participating districts into a regional district and alternative findings and recommendations contingent upon the inclusion of the non-participating districts;

(2) a detailed narrative describing the proposed regionalization plan or plans to be studied, as well as potential areas for educational and fiscal improvement. The feasibility study shall include, but need not be limited to, options to address issues related to:

(a) facility utilization;

(b) cost sharing and methods of apportionment, including but not limited to, equalized valuation, pupil enrollment, or a combination of the two as well as whether such apportionment should take effect immediately or on a phase-in or transitional basis over a certain number of years;

(c) the allocation of existing school debt and proceeds from the sale of unutilized or underutilized facilities;

(d) projected enrollment trends, including the impact on the demographic breakdown of the student population, including race, ethnicity, and national origin, and projected changes in class size;

(e) current and projected staffing needs and costs, including retirement and attrition trends for instructional, administrative, and support staff;

(f) an analysis of the differences in the salaries and terms and conditions of employment in elementary, middle, and high school teachers', administrators', and support staffs' contracts among the various districts and the distribution of all compensation among covered employees, including the potential impact of expired contracts moving forward, which analysis shall be developed by school districts and the majority representatives of all recognized bargaining units;

(g) State aid and tax revenue projections;

(h) potential cost savings or increases from regionalization;

(i) student seat time and distance traveled, as well as potential increased or reduced transportation costs;

(j) kindergarten through 12 curriculum coordination improvements;

(k) potential enrichment of educational programs for students; and

(l) calculation and methods of apportionment for determining membership on the regional district board of education among the constituent districts;

(3) a description of the intended use of grant funding in supporting the costs associated with conducting the feasibility study;

(4) a demonstration of the boards' or governing bodies' capacities to oversee the proposed feasibility study;

(5) a list of personnel or outside consultants who would be conducting the feasibility study, which consultants shall be selected in accordance with applicable State law;

(6) a plan to incorporate public and stakeholder participation and ideas in the regionalization study process, which shall include school board members, parents, teachers, administrators, non-instructional staff, union representatives, municipal officials, and interested citizens; and

(7) any other materials or information as may be required by the division to effectively evaluate the proposed feasibility study and assess the costs associated with conducting the feasibility study.

b. In order to be eligible to receive a grant under the grant program established pursuant to section 2 of P.L.2021, c.402 (C.18A:13-47.2), the boards of education or governing bodies shall demonstrate that the proposed regionalization:

(1) does not, and is not foreseeably likely to, increase or exacerbate the segregation of students by racial, socioeconomic, disability, or English Language Learner status as determined by the number and percentage of students enrolled in the school districts seeking to consolidate or, as applicable, in the school districts from which a school district is seeking to withdraw;

(2) to the maximum extent practicable, will lead to the establishment of a limited purpose or all purpose regional district;

(3) consolidates school districts that are in close geographic proximity of each other. School districts need not be immediately contiguous as long as any geographic separation is not so large as to contradict the potential for improved efficiency and cost savings;

(4) possesses the potential for improved efficiency and cost savings;

(5) possesses the potential to advance an enhanced learning environment for participating districts;

(6) coordinates curriculum across schools and grades throughout the proposed limited purpose or all purpose regional school; and

(7) reflects a documented commitment from the participating districts to make good faith efforts to implement the recommendations of the feasibility study that promote efficiency and quality of education.

c. The Commissioner of Education shall review every application submitted pursuant to this section, except for an application eligible for preliminary approval pursuant to subsection b. of section 4 of P.L.2021, c.402 (C.18A:13-47.4), and shall certify, in writing, that the newly formed or enlarged regional district will not, and will not be foreseeably likely to, increase or exacerbate segregation among the districts seeking to regionalize or, as applicable, the school districts from which a school district is seeking to withdraw and school districts in the surrounding region as determined by the number and percentage of students affected by such consolidations or withdrawals.

##### **§ 18A:13-47.4** Application review; feasibility study reimbursement. {#sec-18a-13-47.4 omnilex-key=us-nj-statutes--title-18a--18A:13-47.4}

4. a. The division shall review all applications submitted pursuant to section 3 of P.L.2021, c.402 (C.18A:13-47.3) and shall only approve applications that meet the eligibility criteria set forth in subsection b. of section 3 of P.L.2021, c.402 (C.18A:13-47.3) and that are certified by the commissioner pursuant to subsection c. of section 3 of P.L.2021, c.402 (C.18A:13-47.3). Boards of education or governing bodies whose applications are denied approval for a grant shall be provided a notice describing the reasons for the denial and the applicant shall be afforded an opportunity for a hearing before an administrative law judge to contest the decision, which shall conform with the provisions applicable to such contested cases in this State as set forth in statute and regulation.

b. The division may grant preliminary approval of an application submitted by the boards of education or governing bodies of two or more school districts pursuant to section 3 of P.L.2021, c.402 (C.18A:13-47.3) if the division determines that the application contains sufficient evidence to demonstrate that the proposed regionalization complies with the criteria enumerated in subsection b. of section 3 of P.L.2021, c.402 (C.18A:13-47.3) and is proposing to:

(1) form a countywide school district; or

(2) form an all purpose regional district by expanding an existing limited purpose regional district through consolidation with some or all of the constituent school districts of the existing limited purpose regional district.

The division shall establish guidelines governing preliminary approval of applications submitted pursuant to this subsection. A participating district that is part of an application that receives preliminary approval under this subsection and that has a State aid differential that is positive may elect to receive State school aid pursuant to the schedule established in paragraph (4) of subsection c. of section 4 of P.L.2018, c.67 (C.18A:7F-68).

c. Boards of education or governing bodies receiving application approval pursuant to this section shall be reimbursed for any eligible costs of the feasibility study up to an amount or percentage to be annually determined by the division, with 50 percent of the grant award to be distributed upon the division's final approval of the grant application and the remaining 50 percent of the grant award to be distributed upon the division's acceptance of the completed feasibility study. Boards of education or governing bodies receiving application approval pursuant to subsection a. of this section, which have conducted within two years prior to the enactment of P.L.2021, c.402 (C.18A:13-47.1 et al.) a feasibility study for which no prior reimbursement was made, shall be eligible for reimbursement up to an amount or percentage to be determined by the division of any costs associated with conducting the study upon execution of the regionalization outlined in the boards' or governing bodies' application. The division shall also annually determine the costs that are eligible and ineligible for reimbursement under this section.

##### **§ 18A:13-47.5** Regional district formation, conditions. {#sec-18a-13-47.5 omnilex-key=us-nj-statutes--title-18a--18A:13-47.5}

5. a. Notwithstanding the provisions of section 2 of P.L.1995, c.294 (C.18A:6-31.4) or of any other law, rule, or regulation to the contrary, whenever a regional district is formed following the approval of an application pursuant to section 4 of P.L.2021, c.402 (C.18A:13-47.4):

(1) the salary guide and terms and conditions of employment, whether established through a collective negotiations agreement or past practice, of the largest constituent school district shall apply in full after three years following the formation of the regional district or until a successor agreement is negotiated with the majority representative of the new school district, whichever occurs first. The salary guide and terms and conditions of employment that will apply pursuant to the provisions of this subsection shall be based upon the terms and conditions of employment of the largest constituent district made up of only the identical grade levels. In the event that there is no constituent district made up of only the identical grade levels, the salary guide and terms and conditions of employment that will apply pursuant to the provisions of this subsection shall be based upon the terms and conditions of employment of the largest constituent district containing the identical grade levels; and

(2) in the event that there is an employee bargaining unit in a constituent school district with the next largest number of employees and with a majority representative of the unit, which is not so represented in the largest school district, the terms and conditions of employment for all employees holding positions in that unit in the newly formed regional district shall apply provided that the terms and conditions of employment shall only apply to the newly formed regional district's employees in that bargaining unit.

b. Notwithstanding the provisions of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.) or of any other law, rule, or regulation to the contrary, whenever a regional district is formed following the approval of an application pursuant to section 4 of P.L.2021, c.402 (C.18A:13-47.4), the newly formed regional district shall recognize each majority representative of the existing bargaining units in the largest constituent district as the majority representatives of those separate bargaining units of employees, except that if the largest constituent district does not have a majority representative currently representing a classification of employees, then the majority representative of the next largest constituent district that represents a bargaining unit representing that classification of employees shall be recognized by the newly formed regional district as the majority representative of that classification of employees.

c. Notwithstanding any law, rule, or regulation to the contrary, beginning on the date upon which a school district submits an application pursuant to section 3 of P.L.2021, c.402 (C.18A:13-47.3), the boards of education or governing bodies of any affected, constituent, replaced, displaced, or dissolved districts shall not enter into a subcontracting agreement which affects the employment of any employees in a collective bargaining unit represented by a majority representative until the date that the newly formed or existing limited purpose or all purpose regional district commences operations following the completion of the dissolution, displacement, merger, regionalization, or consolidation of the constituent districts at which time the provisions of P.L.2020, c.79 (C.34:13A-44 et seq.) shall control.

d. As used in this section, "largest constituent school district" means the school district that employs the largest number of teaching staff members.

##### **§ 18A:13-47.6** Reimbursement, election costs; criteria. {#sec-18a-13-47.6 omnilex-key=us-nj-statutes--title-18a--18A:13-47.6}

6. The Department of Education shall reimburse participating districts for any costs incurred to hold an election to establish or enlarge a limited purpose or all purpose regional district provided that the decision to establish or enlarge a limited purpose or all purpose regional district stems from the completion of a feasibility study conducted in connection with the grant program established pursuant to section 2 of P.L.2021, c.402 (C.18A:13-47.2).

##### **§ 18A:13-47.7** Receipt of grant award application, notice. {#sec-18a-13-47.7 omnilex-key=us-nj-statutes--title-18a--18A:13-47.7}

7. The Division of Local Government Services in the Department of Community Affairs shall provide notice to the Senate President, the Speaker of the General Assembly, the Minority Leader of the Senate, and the Minority Leader of the General Assembly upon the division's receipt of an application for a grant award submitted pursuant to section 3 of P.L.2021, c.402 (C.18A:13-47.3). The notice shall be provided within 15 days of the division's receipt of the application and shall include information identifying each applicant seeking a grant award.

##### **§ 18A:13-47.8** Grant program implementation report, content. {#sec-18a-13-47.8 omnilex-key=us-nj-statutes--title-18a--18A:13-47.8}

8. The Division of Local Government Services in the Department of Community Affairs, in consultation with the Department of Education, shall submit a report on the implementation of the grant program established pursuant to section 2 of P.L.2021, c.402 (C.18A:13-47.2) to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) within one year following the date of enactment of P.L.2021, c.402 (C.18A:13-47.1 et al.) and annually thereafter. The report shall include, but not be limited to:

a. an analysis of the grant program identifying:

(1) the boards of education or governing bodies that applied for a grant;

(2) the boards of education or governing bodies that were awarded a grant;

(3) the amount of each grant awarded;

(4) the availability of any funds remaining under the grant program;

(5) the reasoning behind the denial of any grant application; and

(6) an analysis of the effects of consolidations or withdrawals, or both, on the opportunities for students to attend schools that are integrated by race, socioeconomic, disability, and English Language Learner status;

b. a description of the experience of the boards of education or governing bodies that applied and were approved for grant funding, including the status and analysis of any feasibility studies conducted with grant funding;

c. information on whether any grant recipients completed regionalization;

d. an analysis of any legal, financial, educational, or other factors that either facilitated or impeded the expansion or creation of a regional district by participating districts including, but not limited to, recommendations to existing State laws or regulations that would remove impediments to regionalization; and

e. recommendations as to the feasibility and advisability of expanding the grant program.

##### **§ 18A:13-47.9** Expiring employment salary guide and terms and conditions. {#sec-18a-13-47.9 omnilex-key=us-nj-statutes--title-18a--18A:13-47.9}

9. Notwithstanding any law, rule, or regulation to the contrary, whenever the salary guide and terms and conditions of employment of one or more school districts seeking to join a newly formed or existing limited purpose or all purpose regional district is set to expire upon the formation of the new regional district, the school district may:

a. elect to adopt the expiring salary guide and terms and conditions of employment for a period not to exceed one year or until a successor agreement is negotiated with the majority representative of the new regional district, whichever occurs first; or

b. elect to adopt the salary guide and terms and conditions of employment of the largest comparable district joining the new regional district.

##### **§ 18A:13-47.10** Tenure, seniority rights recognized, preserved. {#sec-18a-13-47.10 omnilex-key=us-nj-statutes--title-18a--18A:13-47.10}

10. Notwithstanding section 3 of P.L.1995, c.294 (C.18A:6-31.5) or any other law, rule, or regulation to the contrary, whenever a limited purpose or all purpose regional district is formed or enlarged, the tenure and seniority rights of all employees from the affected, constituent, replaced, displaced, or dissolved districts, except for employees who are superintendents without prior underlying tenure and seniority rights in the affected, constituent, replaced, displaced, or dissolved districts, which form or are a part of, or are affected, replaced, or displaced by the newly formed or enlarged limited purpose or all purpose regional district, shall be recognized and preserved by the newly formed or enlarged limited purpose or all purpose regional district and all periods of employment in any of the school districts shall count toward acquisition of tenure and seniority in the newly formed or enlarged limited purpose or all purpose regional district. All statutory and contractual rights to accumulated sick leave, leave of absence, and pension of an employee that have been acquired through employment in any of the districts shall be recognized by the newly formed or enlarged limited purpose or all purpose regional district. Notwithstanding the provisions of this section or any other law, rule, or regulation to the contrary, whenever a limited purpose or all-purpose regional district is formed or enlarged, any employee not covered by statutory seniority rights shall be placed on a seniority list in accordance with the employee's years of employment in any of the constituent districts for the purposes of employment.

##### **§ 18A:13-47.11** Withdrawal from local district to form, enlarge regional district; conditions. {#sec-18a-13-47.11 omnilex-key=us-nj-statutes--title-18a--18A:13-47.11}

11. a. Notwithstanding any other law, rule, or regulation to the contrary, a board of education of a local school district or of a local school district constituting part of a limited purpose regional district, the board of education or governing body of a non-operating school district, or the governing body of a municipality constituting a constituent district of a limited purpose regional district, part of an all purpose regional district, or part of a consolidated school district may, by resolution, withdraw from a limited purpose or all purpose regional district or consolidated school district in order to form or enlarge a limited purpose or all purpose regional district provided that the withdrawal:

(1) is approved by the Commissioner of Education, in consultation with the Director of the Division of Local Government Services in the Department of Community Affairs, as meeting the criteria set forth in paragraphs (2) through (8) of this subsection, which approval shall be obtained prior to any election held to determine whether to form or enlarge a limited purpose or all purpose regional district that the withdrawing board of education or governing body will join;

(2) does not, and is not foreseeably likely to, increase or exacerbate the segregation of students by racial, socioeconomic, disability, or English Language Learner status as determined by the number and percentage of affected students enrolled in the school districts seeking to consolidate or in the regional district or consolidated school district from which a school district is seeking to withdraw;

(3) consolidates school districts that are in close geographic proximity of each other. School districts need not be immediately contiguous as long as any geographic separation is not so large as to contradict the potential for improved efficiency and cost savings;

(4) to the maximum extent practicable, reduces student seat time and transportation costs;

(5) possesses the potential for improved efficiency and cost savings;

(6) possesses the potential to advance an enhanced learning environment for participating school districts;

(7) coordinates curriculum across schools and grades throughout the proposed limited purpose or all purpose regional district; and

(8) reflects a documented commitment from the affected boards of education to make good faith efforts to implement practices that promote efficiency and quality of education.

b. A board of education of a local school district or of a local school district constituting part of a limited purpose regional district, the board of education or governing body of a non-operating school district, or the governing body of a municipality constituting a constituent district of a limited purpose regional district, part of an all purpose regional district, or part of a consolidated school district that withdraws from a limited purpose or all purpose regional district or consolidated school district pursuant to the provisions of subsection a. of this section shall pay transitional support to the limited purpose or all purpose regional district or consolidated school district in which it was formerly a member, less the tuition dollars paid pursuant to subsection c. of this section, in an amount equal to the difference between the amount to be paid to the limited purpose or all purpose regional district of which the district or municipality will be a member and the amount paid to the former limited purpose or all purpose regional district or consolidated school district during the final year in which the district or municipality had been a member according to the following schedule:

(1) 100 percent during the first school year following withdrawal;

(2) 80 percent during the second school year following withdrawal;

(3) 60 percent during the third school year following withdrawal;

(4) 40 percent during the fourth school year following withdrawal; and

(5) 20 percent during the fifth school year following withdrawal.

A board of education of a local school district or of a local school district constituting part of a limited purpose regional district, the board of education or governing body of a non-operating school district, or the governing body of a municipality of a constituent district of a limited purpose regional district, part of an all purpose regional district, or part of a consolidated school district shall not be responsible for any further transitional payments required pursuant to this subsection following the end of the fifth school year following withdrawal.

c. A student residing in the withdrawing district on the date the district withdraws pursuant to the provisions of this section may remain in the school in which the student is enrolled at the time of withdrawal on a tuition basis, which tuition shall be paid by the withdrawing district.

##### **§ 18A:13-34.3** Phase-in payment schedule; transitional methodology. {#sec-18a-13-34.3 omnilex-key=us-nj-statutes--title-18a--18A:13-34.3}

12. a. Notwithstanding the provisions of N.J.S.18A:13-34 or any other law, rule, or regulation to the contrary, the Commissioner of Education may permit the board of education of a regional district and the board or boards of education of one or more local districts, boards of education of two or more local districts, the board of education of a consolidated district, or the board of education of a district comprising two or more municipalities seeking to form or enlarge a limited purpose or all purpose regional district to agree to phase-in payment of the amount to be paid by each district under the apportionment method adopted by the voters. The phase-in payment schedule shall be for a period not to exceed 10 years. Following completion of the phase-in payment period, the method of apportionment shall revert to full payment under the method approved by the voters.

b. Notwithstanding the provisions of N.J.S.18A:13-34 or any other law, rule, or regulation to the contrary, the Commissioner of Education may permit the board of education of a regional district and the board or boards of education of one or more local districts, boards of education of two or more local districts, the board of education of a consolidated district, or the board of education of a district comprising two or more municipalities seeking to form or enlarge a limited purpose or all purpose regional district to agree to establish a transitional methodology, not to exceed 10 years, of the apportionment method adopted by the voters provided that the methodology is agreed to by all participating districts.

##### **§ 18A:13-48** Dissolution of local districts; original boards to function until taking over of schools {#sec-18a-13-48 omnilex-key=us-nj-statutes--title-18a--18A:13-48}

Whenever any local district has joined or shall join in

a. Creating or enlarging an all purpose regional district, or

b. The formation of a limited purpose regional district and thereafter has joined or shall join in the formation of another regional district for all other school purposes,

all existing districts forming such regional district or any existing district so united with such last named regional district shall be dissolved when the board of education of such regional district shall take charge and control of the educational facilities of the schools of such existing district or districts and thereafter each municipality included within such regional district shall become a constituent district of such regional district.

The board of education of each district to be dissolved shall continue in office with power to conduct the schools of the district until such date as the board of education of such regional district shall take charge and control of the educational facilities of the schools of such regional district, on which date their terms of office shall terminate.

No election shall be held for members of any district to be so dissolved in or after any year in which the members of the board of the regional district are elected.

##### **§ 18A:13-49** Principals, teachers and employees transferred {#sec-18a-13-49 omnilex-key=us-nj-statutes--title-18a--18A:13-49}

All principals, teachers and employees in the employ of any dissolving local district shall be transferred to and continue in their respective employments in the employ of the regional school district and their rights to tenure, pension and accumulated leave of absence accorded under the laws of the state shall not be affected by their transfer to the employ of the regional school district.

##### **§ 18A:13-50** Transfers; funds; personal property, books, etc., obligations of indebtedness. {#sec-18a-13-50 omnilex-key=us-nj-statutes--title-18a--18A:13-50}

Upon the dissolution of any local district the officer having custody of the funds of such district shall deliver all of the funds of the dissolved district in his possession to the secretary of the successor regional district who shall give his receipt therefor and shall, in a district which has a treasurer of school moneys, immediately turn the same over to the treasurer of school moneys of the regional district.

All personal property, books, papers, vouchers and other documents belonging to any district, being dissolved, shall be transferred to the secretary of said regional district who shall cause a complete inventory to be made on all assets, real and personal, received by the regional school district. Upon and after the date of dissolution of the district all proceeds of taxes of any nature raised or to be levied for use or benefit of each dissolving school district and rights and claims with respect thereto, and all the property, funds, moneys and assets of each dissolving district shall vest in the regional district and the regional district shall be subject to all the contracts, debts and other obligations of each dissolving district. Upon said date all bonds and notes, of each dissolving district, theretofore issued and outstanding and all bonds and notes theretofore issued and outstanding of any municipality constituting or comprised within any dissolving district which were issued for the purpose of acquiring property which is vesting on said date in the regional district shall be and shall constitute obligations of and payable as to both principal and interest by the regional district, and, unless otherwise required or provided for by law, in the same manner and to the same extent as if such bonds and notes had been issued by the board of the regional district. The regional board shall cause an audit and settlement of all accounts of officers of the former district or districts to be made forthwith. The official bonds of such officers shall be continued in full force and effect until the completion of such audit and satisfactory financial settlement of said accounts shall have been made.

##### **§ 18A:13-51** Investigation as to advisability of withdrawal, dissolution; application; procedures {#sec-18a-13-51 omnilex-key=us-nj-statutes--title-18a--18A:13-51}

1. The board of education of any local school district constituting part of a limited purpose regional school district or the governing body of the municipality constituting a constituent district may, by resolution, apply to the county superintendent of schools to make an investigation as to the advisability of withdrawal of such local district from the regional district.

A majority of the boards of education of the school districts which constitute a limited purpose regional school district and a majority of the governing bodies of the municipalities which constitute the constituent school districts of a limited purpose regional school district may, by separate resolutions, apply to the county superintendent of schools to make an investigation as to the advisability of the dissolution of the regional district.

Within 21 days following adoption of the resolution or resolutions required pursuant to this section, the county superintendent shall call a meeting of representatives of each constituent governing body, each board of education constituting part of the regional district, and the board of education of the regional district to review the procedures to be followed for the withdrawal from, or dissolution of, the limited purpose regional district. This meeting, however, may be called by the county superintendent prior to the adoption of the required resolutions.

##### **§ 18A:13-52** Report; feasibility study. {#sec-18a-13-52 omnilex-key=us-nj-statutes--title-18a--18A:13-52}

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.

##### **§ 18A:13-53** Calculation of amount of indebtedness to be assumed {#sec-18a-13-53 omnilex-key=us-nj-statutes--title-18a--18A:13-53}

3. The county superintendent shall calculate the amount of indebtedness relating to buildings, grounds, furnishings, equipment and additions thereto so to be assumed on the basis of the proportion which the replacement cost of the buildings, grounds, furnishings, equipment, and additions thereto of the regional district situated in the withdrawing district, or in each of the constituent districts in the event of a dissolution, bears to the replacement cost of the buildings, grounds, furnishings, equipment and additions thereto situated in the entire regional district. Said replacement cost shall be determined according to rules prescribed by the commissioner with the approval of the State board and in accordance with recognized accounting practices. The county superintendent shall also calculate the amount of all other indebtedness and unfunded liabilities to be so assumed on an equitable basis.

##### **§ 18A:13-54** Petition for permission to submit to voters for approval of withdrawal, dissolution; proof of service {#sec-18a-13-54 omnilex-key=us-nj-statutes--title-18a--18A:13-54}

4. The municipal governing body or the board of education of the withdrawing district or the municipal governing body and the board of education of each constituent district seeking dissolution may, within 30 days after the filing of the report by the county superintendent, petition the commissioner for permission to submit to the legal voters of the withdrawing district and the remaining districts within the regional district the question whether or not it shall so withdraw or in the event of a dissolution to submit to the legal voters of each constituent district whether the regional district shall dissolve. The board may request in the petition any specific reduction or increase in the amount of indebtedness to be assumed as set forth in the county superintendent's report. Proof of the service of a copy of the petition upon the municipal governing body and the board of education of each constituent district, the board of education of the regional district, and the county superintendent, prior to the filing of the petition, shall accompany the petition.

##### **§ 18A:13-55** Answer; filing; contents {#sec-18a-13-55 omnilex-key=us-nj-statutes--title-18a--18A:13-55}

The governing body of any municipality constituting a constituent district or the board of education of any such constituent district and the board of education of the regional district shall, within 15 days after service of a copy of the petition upon it, file an answer thereto with the commissioner and serve a copy of such answer upon the board of education of every other constituent district and of the regional district and the county superintendent. The answer shall set forth matters similar to those described in section 6 of this act.

##### **§ 18A:13-56** Review of petition; hearing; actions by commissioner. {#sec-18a-13-56 omnilex-key=us-nj-statutes--title-18a--18A:13-56}

6. The Commissioner of Education shall review the petition and answers for a determination as to whether or not the petition should be granted, and if so, the amount of indebtedness, if any, to be assumed by the remaining and the new district, or by each of the constituent districts in the event of a dissolution, upon approval of the legal voters pursuant to section 9 of P.L.1975, c.360 (C.18A:13-59) at a special school election. The commissioner shall consider the effect of the proposed withdrawal or dissolution upon the educational and financial condition of the withdrawing and the remaining districts, or upon each of the constituent districts in the event of a dissolution, and shall schedule and hold a public hearing on the petition upon the application of any interested party. In considering the effect of the proposed withdrawal or dissolution upon the educational and financial condition of the withdrawing and remaining districts, or upon each of the constituent districts in the event of a dissolution, the commissioner shall:

a. Consent to the granting of the application; or

b. Oppose the same because, if the same be granted

1. An excessive debt burden will be imposed upon the remaining districts, or the withdrawing district, or upon any of the constituent districts in the event of a dissolution;

2. An efficient school system cannot be maintained in the remaining districts or the withdrawing district, or in any of the constituent districts in the event of a dissolution, without excessive costs;

3. Insufficient pupils will be left in the remaining districts, or in any of the constituent districts in the event of a dissolution, to maintain a properly graded school system; or

4. Any other reason, which it may deem to be sufficient; or

c. Request that if the petition be granted, the amount of debt which the remaining districts, or any of the constituent districts in the event of a dissolution, would be required to assume, calculated as hereinbefore provided, be reduced for the reason that--

1. Such amount of indebtedness, together with all other indebtedness of the municipalities or school districts would be excessive;

2. The amount of expenditure for debt service which would be required would be so great that sufficient funds would not be available for current expenses without excessive taxation; or

3. Such amount of indebtedness is inequitable in relation to the value of the property to be acquired by the remaining districts, or by any of the constituent districts in the event of a dissolution, and would materially impair the credit of the municipalities or such districts and the ability to pay punctually the principal and interest of their debt and to supply such essential educational facilities and public improvements and services as might reasonably be anticipated would be required of them. The commissioner shall make findings and render a determination within 60 days of the receipt of the petition and answers.

##### **§ 18A:13-57** Fixing date of election {#sec-18a-13-57 omnilex-key=us-nj-statutes--title-18a--18A:13-57}

7. If the application be granted, the county superintendent shall, after conferring with the boards of education of the constituent districts, fix a day and a time on said day for holding a special school election, at which time the question whether or not the withdrawing school district shall withdraw from the regional district or whether the regional district shall be dissolved, whichever shall be applicable, shall be submitted to the legal voters of the withdrawing district and to the legal voters within the remainder of the regional district or to the legal voters of each of the constituent districts in the event of a dissolution.

##### **§ 18A:13-58** Statement of indebtedness to be assumed in notices and advertisements; conduct of election; certification of results {#sec-18a-13-58 omnilex-key=us-nj-statutes--title-18a--18A:13-58}

8. The amount of indebtedness to be assumed by the withdrawing district or by each of the constituent districts in the event of a dissolution and the effect of such indebtedness upon the borrowing margin of the municipality, the withdrawing district, the remaining districts, and the remaining municipalities within the regional district, or by each of the constituent districts and municipalities within the regional district in the event of a dissolution, shall be stated in the notices and advertisements of the special school election and in the ballots to be used therein, and said election shall be conducted and the results thereof determined in the manner prescribed by law for special school elections in type II districts. The result shall be certified within five days after the holding of the election to the county superintendent and to the boards of education of the withdrawing district, the regional district and the constituent districts within the regional district, or to the boards of education of each of the constituent districts in the event of a dissolution.

##### **§ 18A:13-59** Effective date of withdrawal, dissolution; votes for adoption {#sec-18a-13-59 omnilex-key=us-nj-statutes--title-18a--18A:13-59}

9. If the question is adopted at said elections, the withdrawal of the district or the dissolution of the regional district shall become effective upon a date to be determined by the Commissioner of Education. For withdrawal from a regional district, the question shall be deemed adopted if it receives an affirmative vote of a majority of the votes cast within the withdrawing constituent district and it receives an affirmative vote of a majority of the overall votes cast in the entire regional district. For dissolution of a regional district, the question shall be deemed adopted if it receives an affirmative vote in a majority of the individual constituent districts and it receives an affirmative vote of a majority of the overall votes cast in the entire regional district.

##### **§ 18A:13-60** Continuance in office of board members until withdrawal, dissolution; reapportionment of vacancies {#sec-18a-13-60 omnilex-key=us-nj-statutes--title-18a--18A:13-60}

10. The members of the board of education of the regional district shall continue in office until the withdrawal of the district or the dissolution of the regional district has become effective. When a withdrawal has taken effect, the terms of those members of the regional board who reside in the withdrawing district shall thereupon expire, and the vacancies so occurring shall be reapportioned among the remaining districts and filled by appointment by the county superintendent to serve until the next annual school election of the regional district, at which time their successors shall be elected in accordance with such reapportionment.

##### **§ 18A:13-61** Taking title to and control of grounds, buildings and furnishings by districts; assumption of indebtedness. {#sec-18a-13-61 omnilex-key=us-nj-statutes--title-18a--18A:13-61}

11. The withdrawing district and the remaining districts, or each constituent district in the event of a dissolution, shall take title to and control of all school grounds and buildings, and the furnishings and equipment therein, other than those which had been rotated or shared among the regional schools, situated in their respective districts on the effective date of withdrawal or dissolution as established by the commissioner. The county superintendent shall allot a fair proportion of the shared or rotated furnishings and equipment to the withdrawing district or to each of the constituent districts in the event of a dissolution.

Upon the assumption of title, each board shall also assume such amount of the indebtedness of the original regional school district as shall have been determined by the commissioner. In the event of a withdrawal, the withdrawing district shall pay to the regional board of education, at least five days before it becomes due, the amount of the principal and interest of the assumed indebtedness; such principal and interest shall be paid by the regional board, together with such amount due on its assumed indebtedness, at and when it becomes due and payable. In the event of a dissolution, the county superintendent and commissioner, in determining the amount of indebtedness to be assumed by each constituent district, shall give due regard to the value of school buildings and grounds being conveyed to the constituent district in which those buildings and grounds are located.

##### **§ 18A:13-61.1** Withdrawal from certain limited purpose regional school district {#sec-18a-13-61.1 omnilex-key=us-nj-statutes--title-18a--18A:13-61.1}

1. Notwithstanding the provisions of any law, rule or regulation to the contrary, a district which receives approval to withdraw from a limited purpose regional school district that has grades 7 through 12 and is located in a county of the second class with a population of at least 500,000, but not greater than 600,000, according to the 1990 federal decennial census shall pay to the regional district an amount which represents the equity interest of the withdrawing district in the buildings, furnishings and property to which the district will take title upon withdrawal , and that amount shall be used by the regional district only for the purposes for which bonds may be issued under N.J.S.18A:24-5. The withdrawing district may issue bonds for that amount, or any portion of that amount, pursuant to chapter 24 of Title 18A of the New Jersey Statutes ; provided however, that the total principal amount of any such debt issued shall not exceed $8,000,000.

The withdrawing district shall provide the Commissioner of the Department of Education with a detailed statement of the costs of issuance of any such bonds, within thirty days of the issuance thereof, with specific reference, where applicable, to itemized costs for the following services:

(1) bond counsel, tax counsel and special counsel;

(2) financial advisor;

(3) paying agent and registrar;

(4) rating agencies;

(5) official statement printing;

(6) bond printing;

(7) trustee;

(8) credit enhancement;

(9) liquidity facility; and

(10) miscellaneous issuance costs; and

calculation of underwriters' spread, broken down into the following components, and accompanied by a list of underwriters' spreads from recent comparable bond issues:

(1) management fees;

(2) underwriters' fees;

(3) selling concessions;

(4) underwriters' counsel; and

(5) other costs.

##### **§ 18A:13-61.2** "Equity interest" defined; calculation {#sec-18a-13-61.2 omnilex-key=us-nj-statutes--title-18a--18A:13-61.2}

2. a. As used in section 1 of this act,"equity interest" means the excess in value between the assets to be acquired by the withdrawing district pursuant to section 3 of P.L.1975, c.360 (C.18A:13-53) and the proportionate contribution made by the withdrawing district to all regional assets, adjusted for replacement value.

b. The calculation required to establish the equity interest as defined in subsection a. of this section shall be the excess, if any, of the replacement cost of the buildings, grounds, furnishings, equipment, and additions thereto to which the withdrawing district shall take title upon withdrawal pursuant to section 3 of P.L.1975, c.360 (C.18A:13-53) over that amount obtained by multiplying the replacement cost of all the regional district's buildings, grounds, furnishings, equipment, and additions thereto by a ratio that reflects the proportionate contributions made by the withdrawing district to the payment of the cost of the regional district's assets. The proportionate contribution shall be determined by reference to the proportion of the revenues of the regional district contributed by the withdrawing district in each fiscal year of the life of all of the buildings, grounds, furnishings, equipment, and additions thereto of the regional district.

##### **§ 18A:13-62** Division of assets and liabilities in event of withdrawal, dissolution {#sec-18a-13-62 omnilex-key=us-nj-statutes--title-18a--18A:13-62}

12. The county superintendent in a written report filed by him at the end of the school year preceding that in which the withdrawal or dissolution becomes effective shall make a division of the assets and liabilities between the withdrawing district and the regional district, or among the constituent districts in the event of a dissolution, in the same manner as provided in N.J.S.18A:8-24.

##### **§ 18A:13-63** Dissolution of limited purpose regional school district; withdrawal of local districts; separate local school district {#sec-18a-13-63 omnilex-key=us-nj-statutes--title-18a--18A:13-63}

13. If in the event of a withdrawal from the regional district as a result of the foregoing procedures a limited purpose regional school district shall be left with only one constituent local school district, such regional school district shall be dissolved upon the effective date of the withdrawal of the other constituent school districts, and such remaining constituent municipality shall thenceforth be constituted a separate local school district and governed by the laws applicable thereto. If all of the local districts withdraw from the regional district, such regional district shall be dissolved upon the effective date of the last withdrawal, and its assets and liabilities shall devolve upon the respective withdrawing districts in accordance with the division made by the county superintendent as provided in section 12 hereof.

Upon the effective date of a dissolution of a regional district each constituent municipality shall thenceforth be constituted a separate local school district and be governed by the laws applicable thereto, and its assets and liabilities shall devolve upon the respective constituent districts in accordance with the division made by the county superintendent as provided in section 12 of P.L.1975, c.360 (C.18A:13-62).

##### **§ 18A:13-64** Positions, rights and benefits of regional, constituent district employees continued {#sec-18a-13-64 omnilex-key=us-nj-statutes--title-18a--18A:13-64}

14. All employees of the regional district shall continue in their respective positions in the withdrawing district, or in each of the constituent districts in the event of a dissolution, and all of their rights of tenure, seniority, pension, leave of absence and other similar benefits shall be recognized and preserved and any periods of prior employment in the regional district shall count toward the acquisition of tenure to the same extent as if all such employment had been under the withdrawing district or in any of the constituent districts in the event of a dissolution. In the event of a withdrawal, any tenured employee in a school located in the withdrawing district who desires to remain in the employ of the regional district, and whose seniority under existing tenure laws so permits, may apply for and shall be granted a transfer to a position with the regional district for which he is certified which is vacant, held by a tenured employee with less seniority or by an employee without tenure; applications for such transfers shall be made within 45 days of the date of the special school election at which the withdrawal was approved.

##### **§ 18A:13-65** Inapplicability of act to rights of bondholders {#sec-18a-13-65 omnilex-key=us-nj-statutes--title-18a--18A:13-65}

Nothing contained herein shall in any way affect the rights of holders of any bonds issued by any school district or municipality effected pursuant to this act.

##### **§ 18A:13-66** Investigation of advisability of withdrawal {#sec-18a-13-66 omnilex-key=us-nj-statutes--title-18a--18A:13-66}

The governing body of any municipality constituting a part of an all purpose regional district may, by resolution, apply to the county superintendent of schools to investigate the advisability of the withdrawal of the municipality from the all purpose regional district.

##### **§ 18A:13-67** Report on assets, operating expenses {#sec-18a-13-67 omnilex-key=us-nj-statutes--title-18a--18A:13-67}

The county superintendent shall, within 60 days after the request, file with the governing bodies of the municipalities constituting the all purpose regional district and the board of education of the all purpose regional school district, a report containing a statement of the current assets and operating expenses of the all purpose regional district for the current year and any financial, educational and other information that he may deem necessary to enable the governing bodies and the regional board of education to form an intelligent judgment as to the advisability of the proposed withdrawal and its effect upon the educational and financial condition of the withdrawing municipality and the all purpose regional district and setting forth the amount of indebtedness, if any, to be assumed by the withdrawing municipality and the all purpose regional district, calculated as hereinafter provided.

##### **§ 18A:13-68** Amount indebtedness bears to replacement cost {#sec-18a-13-68 omnilex-key=us-nj-statutes--title-18a--18A:13-68}

The county superintendent shall calculate the amount of indebtedness to be assumed on the basis of the proportion which the replacement cost of the buildings, grounds, furnishings, equipment, and additions thereto of the all purpose regional district situated in the withdrawing municipality bears to the replacement cost of the buildings, grounds, furnishings, equipment and additions thereto situated in the entire all purpose regional district. The replacement cost shall be determined according to rules prescribed by the Commissioner of Education with the approval of the State board and in accordance with recognized accounting practices.

##### **§ 18A:13-69** Petition {#sec-18a-13-69 omnilex-key=us-nj-statutes--title-18a--18A:13-69}

The governing body of the withdrawing municipality may, within 30 days after the filing of the report by the county superintendent, petition the commissioner for permission to submit to the legal voters of the withdrawing municipality and the remaining municipalities within the all purpose regional district the question whether or not it shall withdraw from the all purpose regional district, and in the petition the governing body may request any specific reduction or increase in the amount of indebtedness to be assumed as set forth in the county superintendent's report. Proof of the service of a copy of the petition upon the municipal governing body of each constituent municipality, the board of education of the all purpose regional district, and the county superintendent, prior to the filing of the petition, shall accompany the petition.

##### **§ 18A:13-70** Answer to petition {#sec-18a-13-70 omnilex-key=us-nj-statutes--title-18a--18A:13-70}

The governing body of any constituent municipality of the all purpose regional district and the board of education of the all purpose regional district shall, within 15 days after service of a copy of the petition upon it, file an answer to the petition with the commissioner and serve a copy of the answer upon the governing body of every other constituent municipality and upon the board of education of the all purpose regional district and the county superintendent. The answer shall set forth matters similar to those described in section 6 of this act.

##### **§ 18A:13-71** Review of petition; granting, denial. {#sec-18a-13-71 omnilex-key=us-nj-statutes--title-18a--18A:13-71}

6. The Commissioner of Education shall review the petition and answers for a determination as to whether or not the petition should be granted, and if so, the amount of indebtedness, if any, to be assumed by the withdrawing municipality and the all purpose regional district upon approval of the legal voters of the withdrawing municipality and the remaining constituent municipalities at a special school election. The commissioner shall consider the effect of the proposed withdrawal upon the educational and financial condition of the withdrawing municipality and the all purpose regional district and shall schedule and hold a public hearing on the petition upon the application of any interested party. In considering the effect of the proposed withdrawal upon the educational and financial condition of the withdrawing and remaining municipalities, the commissioner shall:

a. Consent to the granting of the application;

b. Oppose the granting of the application because, if it is granted:

(1) An excessive debt burden will be imposed upon the withdrawing municipality and regional district;

(2) An efficient school system cannot be maintained in the all purpose regional district or the withdrawing municipality without excessive costs;

(3) Insufficient pupils will be left in the all purpose regional district to maintain a properly graded school system; or

(4) Any other reason, which it may deem to be sufficient; or

c. Request that if the petition is granted, the amount of debt which the regional district would be required to assume, calculated as hereinbefore provided, be reduced for the reason that:

(1) The amount of indebtedness, together with all other indebtedness of the constituent municipalities of the all purpose regional district would be excessive;

(2) The amount of expenditure for debt service which would be required would be so great that sufficient funds would not be available for current expenses without excessive taxation; or

(3) The amount of indebtedness is inequitable in relation to the value of the property to be acquired by the all purpose regional district and would materially impair the credit of the constituent municipalities of the district, and the ability to pay punctually the principal and interest of their debt and so supply the essential educational facilities and public improvements and services that might reasonably be anticipated would be required of them.

The commissioner shall make findings and render a determination within 60 days of the receipt of the petition and answers.

##### **§ 18A:13-72** Special school election {#sec-18a-13-72 omnilex-key=us-nj-statutes--title-18a--18A:13-72}

If the application is granted, the county superintendent shall, after conferring with the governing bodies of the constituent municipalities of the regional district, fix a day and a time for holding a special school election, at which time the question whether or not the withdrawing municipality shall withdraw from the all purpose regional district shall be submitted to the legal voters of the withdrawing municipality and to the legal voters within the remainder of the all purpose regional district.

##### **§ 18A:13-73** Amount, effect of indebtedness to be stated {#sec-18a-13-73 omnilex-key=us-nj-statutes--title-18a--18A:13-73}

The amount of indebtedness to be assumed by the withdrawing municipality and the effect of the indebtedness upon the borrowing margin of the municipality and the remaining municipalities within the all purpose regional district shall be stated in the notices and advertisements of the special school election and in the ballots to be used therein, and the election shall be conducted and the results of the election shall be determined in the manner prescribed by law for special school elections in type II districts. The result shall be certified within five days after the holding of the election to the county superintendent, the governing bodies of the withdrawing municipality and the constituent municipalities of the all purpose regional district, and the board of education of the all purpose regional district.

##### **§ 18A:13-74** Withdrawal of municipality {#sec-18a-13-74 omnilex-key=us-nj-statutes--title-18a--18A:13-74}

If the question is adopted at the special school election, the withdrawal of the municipality initiating the proceeding shall become effective and the municipality shall be constituted a separate district upon a date to be decided by the Commissioner of Education. The newly constituted district shall be classified as provided pursuant to chapter 9 of Title 18A of the New Jersey Statutes.

##### **§ 18A:13-75** Board of education {#sec-18a-13-75 omnilex-key=us-nj-statutes--title-18a--18A:13-75}

The members of the board of education of the all purpose regional district shall continue in office until the withdrawal of the municipality becomes effective. When the withdrawal takes effect, the terms of those members of the regional board who reside in the withdrawing municipality shall expire, and the vacancies occurring shall be reapportioned among the remaining municipalities and filled by appointment by the county superintendent to serve until the next annual school election of the all purpose regional district, at which time their successors shall be elected in accordance with the reapportionment.

##### **§ 18A:13-76** First board of education {#sec-18a-13-76 omnilex-key=us-nj-statutes--title-18a--18A:13-76}

The members of the regional board who reside in the withdrawing municipality shall be members of the first board of education of the new district. They shall continue to serve as members of the board of education of the new district until the expiration of the respective terms for which they were elected as members of the board of education of the all purpose regional district. The number of additional members of the first board of education required to complete full membership of the board shall be appointed by the county superintendent to serve until the next annual school election or, in the case of a type I district, until the next annual appointment period of the new district, at which time their successors shall be elected or appointed.

##### **§ 18A:13-77** Title to school grounds, etc.; assumption of indebtedness. {#sec-18a-13-77 omnilex-key=us-nj-statutes--title-18a--18A:13-77}

12. The new district and the all purpose regional district shall take title to and control of all school grounds and buildings, and the furnishings and equipment therein, other than those which had been rotated or shared among the regional schools, situated in their respective districts on the effective date of withdrawal as established by the commissioner. The county superintendent shall allot a fair proportion of the shared or rotated furnishings and equipment to the new district.

Upon the assumption of title, each board shall also assume the amount of the indebtedness of the original all purpose regional district as determined by the commissioner. The new district shall pay to the regional board of education, at least five days before it becomes due, the amount of the principal and interest of the assumed indebtedness. The principal and interest shall be paid by the regional board, together with the amount due on its assumed indebtedness, as and when it becomes due and payable.

##### **§ 18A:13-78** Division of assets, liabilities {#sec-18a-13-78 omnilex-key=us-nj-statutes--title-18a--18A:13-78}

The county superintendent in a written report filed by him at the end of the school year preceding that in which the withdrawal becomes effective shall make a division of the assets and liabilities between the new district and the remaining district in the same manner as provided in N.J.S.18A:8-24.

##### **§ 18A:13-79** Dissolution of all purpose regional district {#sec-18a-13-79 omnilex-key=us-nj-statutes--title-18a--18A:13-79}

If as a result of the foregoing procedures an all purpose regional district is left with only one constituent municipality, the all purpose regional district shall be dissolved upon the effective date of the withdrawal of the other constituent municipalities, and the remaining constituent municipality shall thenceforth be constituted a separate local school district and governed by the laws applicable thereto. If all of the municipalities withdraw from the all purpose regional district, the all purpose regional district shall be dissolved upon the effective date of the last withdrawal, and its assets and liabilities shall devolve upon the respective withdrawing municipalities in accordance with the division made by the county superintendent as provided in section 13 of this act.

##### **§ 18A:13-80** Employees continued; benefits preserved {#sec-18a-13-80 omnilex-key=us-nj-statutes--title-18a--18A:13-80}

All employees of the all purpose regional district shall continue in their respective positions in the new district and all of their rights of tenure, seniority, pension, leave of absence and other similar benefits shall be recognized and preserved and any periods of prior employment in the all purpose regional district shall count toward the acquisition of tenure to the same extent as if the employment had been under the new district. Any tenured employee in a school located in the new district who desires to remain in the employ of the all purpose regional district, and whose seniority under existing tenure laws so permits, may apply for and shall be granted a transfer to a position with the all purpose regional district for which he is certified which is vacant, held by a tenured employee with less seniority or by an employee without tenure. Applications for these transfers shall be made within 45 days of the date of the special school election at which the withdrawal was approved.

##### **§ 18A:13-81** Bondholders unaffected {#sec-18a-13-81 omnilex-key=us-nj-statutes--title-18a--18A:13-81}

Nothing contained herein shall in any way affect the rights of holders of any bonds issued by any district or municipality affected by this act.

## **Chapter 15** {#struct-chapter-15}

##### **§ 18A:15-1** President and vice president; election or failure to elect {#sec-18a-15-1 omnilex-key=us-nj-statutes--title-18a--18A:15-1}

At its first regular meeting each board shall organize by electing one of its members as president and another as vice president, who shall serve for one year and until their respective successors are elected and shall qualify, but if the board shall fail to hold said meeting or to elect said officers, as prescribed by this law, the county superintendent shall appoint from among the members of the board a president and vice president.

##### **§ 18A:15-2** Removal of president or vice president; vacancies {#sec-18a-15-2 omnilex-key=us-nj-statutes--title-18a--18A:15-2}

A president or vice president of a board of education who shall refuse to perform a duty imposed upon him by this law may be removed by a majority vote of all of the members of the board, and in case the office of president or vice president shall become vacant the board shall, within 30 days thereafter fill the vacancy for the unexpired term. If the board shall fail to fill the vacancy within such time, the county superintendent shall fill the vacancy for the unexpired term.

## **Chapter 16** {#struct-chapter-16}

##### **§ 18A:16-1** Officers and employees in general {#sec-18a-16-1 omnilex-key=us-nj-statutes--title-18a--18A:16-1}

Each board of education, subject to the provisions of this title and of any other law, shall employ and may dismiss a secretary or a school business administrator to act as secretary and may employ and dismiss a superintendent of schools, a treasurer of school moneys, when and as provided by section 18A:13-14 or 18A:17-31, and such principals, teachers, janitors and other officers and employees, as it shall determine, and fix and alter their compensation and the length of their terms of employment.

##### **§ 18A:16-1.1** May appoint temporary officers and employees {#sec-18a-16-1.1 omnilex-key=us-nj-statutes--title-18a--18A:16-1.1}

In each district the board of education may designate some person to act in place of any officer or employee during the absence, disability or disqualification of any such officer or employee subject to the provisions of section 18A:17-13.

The act of any person so designated shall in all cases be legal and binding as if done and performed by the officer or employee for whom such designated person is acting but no person so acting shall acquire tenure in the office or employment in which he acts pursuant to this section when so acting.

##### **§ 18A:16-1.1a** Filling of vacancy, absent teaching position; time limit. {#sec-18a-16-1.1a omnilex-key=us-nj-statutes--title-18a--18A:16-1.1a}

1. A vacant teaching position, or the position of a teacher who is absent for an extended time period, shall not be filled in any school year by one or more individuals holding a substitute credential issued by the State Board of Education pursuant to the provisions of N.J.S.18A:6-38 for a total amount of time exceeding 20 school days. The commissioner may grant an extension of up to an additional 20 school days upon written application from the school district demonstrating the district's inability to hire an appropriately certified teacher for the vacant position within the original 20-day time limit. During a public health emergency declared by the Governor pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.), a vacant or absent position may be filled by a holder of a substitute credential for up to 40 school days and for an additional 20 school days upon written application to the Commissioner of Education or the commissioner's designee, demonstrating the district's inability to hire an appropriately certified teacher within the 40-day time limit and that the individuals are periodically monitored and supported by the credential holder's supervisor.

##### **§ 18A:16-1.1b** Time limit for substitute teacher working in area authorized by credentials. {#sec-18a-16-1.1b omnilex-key=us-nj-statutes--title-18a--18A:16-1.1b}

1. a. A vacant teaching position shall not be filled in any school year by one or more individuals employed as substitute teachers and holding a certificate of eligibility or a certificate of eligibility with advanced standing issued by the State Board of Examiners and working in an area authorized by their credentials for a total amount of time exceeding 60 school days. The executive county superintendent of schools may grant an extension upon written application from the school district demonstrating the district's inability to hire an appropriately certified teacher for the vacant position within the original 60-day time limit.

b. In the event that one individual employed pursuant to subsection a. of this section is employed in the same position for more than 60 days, he shall be compensated by the school district on a pro-rata basis consistent with the salary provided to a teacher with similar credentials in the employing district.

##### **§ 18A:16-1.1c** Filling of vacancy, absent teaching position. {#sec-18a-16-1.1c omnilex-key=us-nj-statutes--title-18a--18A:16-1.1c}

2. A vacant teaching position, or the position of a teacher who is absent for an extended time period, shall not be filled in any school year by one or more individuals employed as substitute teachers and holding a certificate of eligibility or a certificate of eligibility with advanced standing issued by the State Board of Examiners and working in an area not authorized by their credentials for a total amount of time exceeding 20 school days. The executive county superintendent of schools may grant an extension of up to an additional 20 days upon written application from the school district demonstrating the district's inability to hire an appropriately certified teacher for the vacant position within the original 20-day time limit. During a public health emergency declared by the Governor pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.), a vacant or absent position may be filled by a holder of a certificate of eligibility or a certificate of eligibility with advanced standing and working in an area not authorized by their credentials for up to 40 school days and for an additional 20 school days upon written application to the Commissioner of Education or the commissioner's designee demonstrating the district's inability to hire an appropriately certified teacher within the 40-day time limit and that the individuals are periodically monitored and supported by the credential holder's supervisor.

##### **§ 18A:16-1.1d** Limit of time for substitute teacher holding standard instructional certificate. {#sec-18a-16-1.1d omnilex-key=us-nj-statutes--title-18a--18A:16-1.1d}

3. A vacant teaching position shall not be filled in any school year by one or more individuals employed as substitute teachers and holding a standard instructional certificate issued by the State Board of Examiners and working in an area not authorized by their credentials for a total amount of time exceeding 40 school days.

##### **§ 18A:16-1.2** Delegation of powers of business manager in district having no business manager {#sec-18a-16-1.2 omnilex-key=us-nj-statutes--title-18a--18A:16-1.2}

Any board of a district, which has no business manager, may delegate, to any appropriate officer employed by the board, the powers vested in a business manager by section 18A:17-28 and those set forth in sections 18A:18-1, 18A:18-2, 18A:18-4.1, 18A:18-23 and 18A:18-24.

##### **§ 18A:16-1.3** Dismissal of nontenured, certificated employee for cause, notice to State board. {#sec-18a-16-1.3 omnilex-key=us-nj-statutes--title-18a--18A:16-1.3}

1. A board of education shall notify the State Board of Examiners whenever a non-tenured, certificated employee is dismissed prior to the end of any school year for just cause as a result of misconduct in office. This notification requirement shall not apply in instances where the employee's contract is not renewed. The State Board of Examiners shall maintain a list containing the name and Social Security number of the employee and the reason for the dismissal. If a disciplinary grievance arbitration is conducted pursuant to section 8 of P.L.1989, c.269 (C.34:13A-29) as to the dismissal, or if the dismissal is appealed to a court or administrative tribunal of competent jurisdiction the board of education shall not notify the State Board of Examiners unless just cause due to misconduct in office is found by the arbitrator, the court or administrative tribunal of competent jurisdiction. If a person's name is placed on the list subsequent to a determination of just cause due to misconduct in office by the arbitrator and the person later files an appeal to a court or administrative tribunal of competent jurisdiction, a board of education shall notify the State Board of Examiners that an appeal has been filed. The State Board of Examiners shall remove the person's name from the list and upon any inquiry as to the person's status on the list, the State Board of Examiners shall indicate that the person's name has been proposed for inclusion on the list. A board of education shall notify the State Board of Examiners regarding the final determination of the court or administrative tribunal of competent jurisdiction. If a final determination is made that the basis for dismissal does not constitute misconduct in office, the State Board of Examiners shall not put the name of the person on the list. If a final determination is made that the basis for dismissal does constitute misconduct in office, the State Board of Examiners shall place the name of the person on the list. Nothing herein shall be deemed to create a right to tenure beyond the provisions of existing law.

The chief school administrator of a public school district or a nonpublic school, in New Jersey or any other state that has entered into the interstate agreement on qualification of educational personnel pursuant to P.L.1969, c.114 (C.18A:26-11 et seq.), may submit to the State Board of Examiners the name and Social Security number of a person who has applied for a position in the district or school, and the State Board of Examiners shall indicate to the chief school administrator whether the person's name appears on the list and if so, the listed reason for the dismissal or whether the person's name has been proposed for inclusion on the list.

Whenever a board of education notifies the State Board of Examiners of a person's dismissal for reasons of misconduct, the board of education shall send the person a simultaneous copy of the notifying correspondence. Whenever a chief school administrator inquires about the status on the list of a job applicant, the chief school administrator shall send the applicant a simultaneous copy of the inquiry and shall subsequently forward to the applicant a copy of the response received from the State Board of Examiners.

Any non-tenured, certificated employee who submits a false name or Social Security number to a board of education is deemed to be in violation of N.J.S.2C:28-3.

##### **§ 18A:16-1.4** Removal from list. {#sec-18a-16-1.4 omnilex-key=us-nj-statutes--title-18a--18A:16-1.4}

2. Upon application to the State Board of Examiners, a person's name shall be removed from the list provided that his name has been on the list for at least three years.

##### **§ 18A:16-1.5** Employee rights unaffected. {#sec-18a-16-1.5 omnilex-key=us-nj-statutes--title-18a--18A:16-1.5}

3. Nothing herein shall limit the rights of employees to pursue any remedy permitted by law.

##### **§ 18A:16-2** Physical examinations; drug testing; requirements {#sec-18a-16-2 omnilex-key=us-nj-statutes--title-18a--18A:16-2}

a. Every board of education may require its employees and shall require any candidate for employment who has received a conditional offer of employment to undergo a physical examination. The board may require individual psychiatric or physical examinations of any employee, whenever, in the judgment of the board, an employee shows evidence of deviation from normal, physical or mental health.

Any such examination may, if the board so requires, include laboratory tests or fluoroscopic or X-ray procedures for the obtaining of additional diagnostic data.

Nothing in this section shall be so construed as to affect screening for tuberculosis or fitness examinations for bus drivers as required pursuant to statute, rule or regulation.

b. A board of education may include testing for usage of controlled dangerous substances as they are defined in N.J.S.2C:35-2 as part of any physical examination which is required of a candidate for employment who has received a conditional offer of employment. Any testing shall be conducted by a physician or institution designated by the board of education and the costs shall be paid by the board.

The Department of Education, in consultation with the Department of Health, shall develop guidelines for school boards which elect to require the testing.

##### **§ 18A:16-3** Character of examinations {#sec-18a-16-3 omnilex-key=us-nj-statutes--title-18a--18A:16-3}

Any such examination may be made by a physician or institution designated by the board, in which case the cost thereof and of all laboratory tests and fluoroscopic or X-ray procedures shall be borne by the board or, at the option of the employee, they may be made by a physician or institution of his own choosing, approved by the board, in which case said examination shall be made at the employee's expense.

##### **§ 18A:16-4** Sick leave; dismissal {#sec-18a-16-4 omnilex-key=us-nj-statutes--title-18a--18A:16-4}

If the result of any such examination indicates mental abnormality or communicable disease, the employee shall be ineligible for further service until proof of recovery, satisfactory to the board, is furnished, but if the employee is under contract or has tenure, he may be granted sick leave with compensation as provided by law and shall, upon satisfactory recovery, be permitted to complete the term of his contract, if he is under contract, or be reemployed with the same tenure as he possessed at the time his services were discontinued, if he has tenure, unless his absence shall exceed a period of two years.

##### **§ 18A:16-5** Records of examinations {#sec-18a-16-5 omnilex-key=us-nj-statutes--title-18a--18A:16-5}

All records and reports relating to any such examination shall be the property of the board and shall be filed with its medical inspector as confidential information but shall be open for inspection by officers of the state department of health and the local board of health.

##### **§ 18A:16-6** Indemnity of officers and employees against action, proceeding; exceptions. {#sec-18a-16-6 omnilex-key=us-nj-statutes--title-18a--18A:16-6}

Whenever any civil or administrative action or other legal proceeding has been or shall be brought against any person holding any office, position or employment under the jurisdiction of any board of education, including any student teacher or person assigned to other professional pre-teaching field experience, for any act or omission arising out of and in the course of the performance of the duties of such office, position, employment or student teaching or other assignment to professional field experience, the board shall defray all costs of defending such action, including reasonable counsel fees and expenses, together with costs of appeal, if any, and shall save harmless and protect such person from any financial loss resulting therefrom; provided that

a. no employee shall be entitled to be held harmless or have his defense costs defrayed in a disciplinary proceeding instituted against him by the board or when the employee is appealing an action taken by the board; and

b. indemnification for exemplary or punitive damages shall not be mandated and shall be governed by the standards and procedures set forth in N.J.S.59:10-4.

Any board of education may arrange for and maintain appropriate insurance to cover all such damages, losses and expenses.

##### **§ 18A:16-6.1** Indemnity of officers and employees in certain criminal, quasi-criminal actions. {#sec-18a-16-6.1 omnilex-key=us-nj-statutes--title-18a--18A:16-6.1}

Should any criminal or quasi-criminal action be instituted against any such person for any such act or omission and should such proceeding be dismissed or result in a final disposition in favor of such person, the board of education shall reimburse him for the cost of defending such proceeding, including reasonable counsel fees and expenses of the original hearing or trial and all appeals. No employee shall be entitled to be held harmless or have his defense costs defrayed as a result of a criminal or quasi-criminal complaint filed against the employee by or on behalf of the board of education.

Any board of education may arrange for and maintain appropriate insurance to cover all such damages, losses and expenses.

##### **§ 18A:16-7** Salaries in first-class cities; payment {#sec-18a-16-7 omnilex-key=us-nj-statutes--title-18a--18A:16-7}

The salaries of all persons, other than teachers and instructors, employed in any school district, which comprises a city of the first class, shall be paid as other city employees are paid.

##### **§ 18A:16-8** Salary deductions for government bonds {#sec-18a-16-8 omnilex-key=us-nj-statutes--title-18a--18A:16-8}

Salary deductions for government bonds. Whenever one or more of the persons employed by a board of education shall agree, in writing, to participate in any plan for the purchase of bonds of the United States government the board may, by a recorded roll call majority vote of its full membership direct the secretary of the board to deduct from the salaries of such employees as shall participate in such plan under such rules as may be established by the board specified amounts for the purchase of bonds and pay the total amount of such deductions directly or indirectly to the Federal Government for such bonds, and the making of any such deductions shall be construed as voluntary payments by the employee.

##### **§ 18A:16-9** Responsibility of board {#sec-18a-16-9 omnilex-key=us-nj-statutes--title-18a--18A:16-9}

No board of education shall be under any liability or responsibility in connection with any such plan except to show that the payments have been made for the purposes aforesaid and that any bonds purchased through such deductions are delivered to the respective employees.

##### **§ 18A:16-11** Compensation of de facto officer or employee {#sec-18a-16-11 omnilex-key=us-nj-statutes--title-18a--18A:16-11}

A person who holds de facto any office, position or employment in a school district and who performs the duties thereof shall be entitled to the emoluments and compensation appropriate thereto for the time the same is so held in fact and may recover therefor in any court of competent jurisdiction.

##### **§ 18A:16-12** Definitions relative to group insurance. {#sec-18a-16-12 omnilex-key=us-nj-statutes--title-18a--18A:16-12}

1. As used in this act:

a. "Dependents" means an employee's spouse and the employee's unmarried children, including stepchildren, legally adopted children, and, at the option of the local board of education and the carrier, children placed by the Department of Children and Families with a resource family, under the age of 19 who live with the employee in a regular parent-child relationship, and may also include, at the option of the local board of education and the carrier, other unmarried children of the employee under the age of 23 who are dependent upon the employee for support and maintenance, but shall not include a spouse or child while serving in the military service. At the option of the local board of education, "dependent" may include an employee's domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3);

b. "Employees" may, at the option of the local board of education, include elected officials, but shall not include persons employed on a short-term, seasonal, intermittent or emergency basis, persons compensated on a fee basis, or persons whose compensation from the local board of education is limited to reimbursement of necessary expenses actually incurred in the discharge of their duties;

c. "Federal Medicare Program" means the coverage provided under Title XVIII of the Social Security Act as amended in 1965, or its successor plan or plans.

##### **§ 18A:16-13** Entering into group life, hospitalization, health and accident insurance contracts {#sec-18a-16-13 omnilex-key=us-nj-statutes--title-18a--18A:16-13}

2. Any local board of education may directly or indirectly through a trust fund or otherwise enter into contracts of group life, accidental death and dismemberment, hospitalization, medical, surgical, major medical expense, minimum premium insurance policy or health and accident insurance with any insurance company or companies authorized to do business in this State, or may contract with a nonprofit hospital service, medical service or health service corporation with respect to the benefits which they are authorized to provide respectively. Such contract or contracts shall provide any one or more of such coverages for the employees of the local board of education and may include their dependents. A local board of education may enter into a contract or contracts to provide drug prescription and other health care benefits, or enter into a contract or contracts to provide drug prescription and other health care benefits as may be required to implement a duly executed collective negotiations agreement, or as may be required to implement a determination by a local board of education to provide such benefit or benefits to employees not included in collective negotiations units. Nothing herein contained shall be deemed to authorize coverage of dependents of an employee under a group life insurance policy or to allow the issuance of a group life insurance policy under which the entire premium is to be derived from funds contributed by the insured employee.

For purposes of this section, "minimum premium insurance policy" means a group insurance policy issued by an insurer licensed to do business in this State under which the policyholder agrees to directly fund specified claims of insureds covered under the policy, in lieu of payment of a portion of the premium.

##### **§ 18A:16-13.1** Provision of group insurance, certain, by board of education for employees, dependents. {#sec-18a-16-13.1 omnilex-key=us-nj-statutes--title-18a--18A:16-13.1}

9. A board of education may provide contributory or non-contributory group health insurance or group term life insurance, or both, for employees or their dependents, or both, through self insurance, the purchase of commercial insurance or reinsurance or any combination thereof. The maximum risk to be retained for group term life insurance by a board of education on a self insured basis shall not exceed a face amount of $5,000 per covered employee or dependent or such greater amount as approved by the Commissioners of Banking and Insurance and Education. Notwithstanding any other provision of law to the contrary, the board shall be subject to the surcharge levied pursuant to section 3 of P.L.1993, c.8 (C.52:14-17.38c) for claims paid within the retained amount. For any claims paid in excess of the retained amount, the surcharge shall be paid by the entity insuring the excess amount.

##### **§ 18A:16-13.2** Applicability to local boards of education, certain employers; enrollment period. {#sec-18a-16-13.2 omnilex-key=us-nj-statutes--title-18a--18A:16-13.2}

5. This section shall apply to local boards of education and employers, as specified in subsection k. of this section, who do not participate in the School Employees' Health Benefits Program.

Any health insurance company may provide to local boards of education and to those employers defined pursuant to section 32 of P.L.2007, c.103 (C.52:14-17.46.2) who do not participate in the School Employees' Health Benefits Program the equivalent of the New Jersey Educators Health Plan in the School Employees' Health Benefits Program as that plan design is described in subsection f. of section 1 of P.L.2020, c.44 (C.52:14-17.46.13) and the Garden State Health Plan as that plan design is described in subsection d. of section 1 of P.L.2020, c.44 (C.52:14-17.46.13), notwithstanding the provisions of any other law, rule, or regulation, including any regulation of the New Jersey Department of Banking and Insurance, to the contrary. As used in this subsection, "health insurance company" means and includes a health, hospital, and medical service corporation; commercial individual, small employer, and larger group health insurer; and a health maintenance organization.

a. (1) Notwithstanding the provisions of any other law, rule, or regulation to the contrary, beginning January 1, 2021 and for each plan year thereafter, a board of education as an employer providing health care benefits coverage for its employees, and their dependents if any, in accordance with P.L.1979, c.391 (C.18A:16-12 et seq.) shall offer to its employees, and their dependents if any, the equivalent of the New Jersey Educators Health Plan in the School Employees' Health Benefits Program as that plan design is described in subsection f. of section 1 of P.L.2020, c.44 (C.52:14-17.46.13).

Beginning January 1, 2022 and for each plan year thereafter, a board of education as an employer providing health care benefits coverage for its employees, and their dependents if any, in accordance with P.L.1979, c.391 (C.18A:16-12 et seq.) shall also offer a plan for its employees, and their dependents if any, that is the equivalent of the Garden State Health Plan in the School Employees' Health Benefits Program. The board shall provide an enrollment period prior to January 1, 2022.

(2) The plans under this section shall be offered by the employer regardless of any collective negotiations agreement between the employer and its employees in effect on the effective date of this act, P.L.2020, c.44, that provides for enrollment in other plans offered by the employer.

No new health care benefits plans, other than those specified in paragraph (1) of this subsection, shall be added by the employer from January 1, 2021 through December 31, 2027 unless the provisions of any collective negotiations agreement entered into before or after the effective date of this act, P.L.2020, c.44, results in additional premium cost reductions. Nothing in this section shall prohibit an employer from offering health care benefits plans that existed prior to the effective date of this act.

(3) Commencing January 1, 2028, the employer may offer such other plans as may be required in accordance with any collective negotiations agreement between the employer and its employees.

b. Prior to January 1, 2021, each employer shall provide an enrollment period during which all employees who commenced employment prior to the effective date of this act shall be required to select affirmatively a plan provided by the employer. If an employee fails to select affirmatively a plan during this enrollment period, the employer shall enroll the employee, and the employee's dependents if any, in the equivalent New Jersey Educators Health Plan offered pursuant to subsection a. of this section for the year January 1, 2021 until December 31, 2021.

During the enrollment period, each person who is enrolled in a plan offered by the employer and who is paying the full cost of coverage shall also be required to select affirmatively a plan provided by the employer. If a person fails to select affirmatively a plan during this enrollment period, the employer shall enroll the person, and the person's dependents if any, in the equivalent New Jersey Educators Health Plan offered pursuant to subsection a. of this section for the year January 1, 2021 until December 31, 2021. Any such person shall continue to pay the full cost of coverage and shall not be subject to the contribution schedule or any mandatory enrollment period as set forth in this section.

c. (1) Beginning on January 1, 2021, an employee commencing employment on or after the effective date of this act but before January 1, 2028 who does not waive coverage, shall be enrolled by the employer in the equivalent New Jersey Educators Health Plan, or the equivalent Garden State Health Plan if selected by the employee, as those plans are offered pursuant to subsection a. of this section. The employee shall remain enrolled in either the equivalent New Jersey Educators Health Plan or the equivalent Garden State Health Plan selected by the employee at the annual open enrollment for each plan year until December 31, 2027, provided that the employee during this period may waive coverage as an employee and select and change the type of coverage received under the plan following a qualifying life event, in accordance with the plan regulations. Beginning January 1, 2028, the employee may select, during any open enrollment period or at such other times or under such conditions as the employer may provide, any plan offered by the employer.

(2) Except as otherwise provided in this subsection or subsection b. of this section, selection of a plan shall be at the sole discretion of the employee.

(3) The enrollment required by paragraph (1) of this subsection shall not include an employee who commenced employment prior to the effective date of P.L.2020, c.44 and who did not enroll, who waived enrollment, or who was not eligible to enroll prior to that effective date for health care coverage provided by the employer, including, but not limited to, an employee who commenced employment as a part-time employee prior to the effective date of P.L.2020, c.44. If such an employee was required to enroll prior to the effective date of P.L.2021, c.163 in accordance with paragraph (1), the employee shall be notified promptly in writing that enrollment is not mandatory and shall be provided promptly with an opportunity to select enrollment in another health care benefits plan.

d. An employee shall contribute annually toward the cost of health care benefits coverage for the employee, and employee's dependents if any, the amount specified, in the manner specified, in subsection a. or b. of section 2 of this act, P.L.2020, c.44 (C.52:14-17.46.14) if the employee, and the employee's dependents if any, are enrolled in the equivalent New Jersey Educators Health Plan or the equivalent Garden State Health Plan offered pursuant to subsection a. of this section. An employee's contribution toward the cost of coverage under the equivalent Garden State Health Plan offered pursuant to subsection a. of this section shall be the amount required in subsection b. of section 2 of this act, except that the contribution specified in that subsection shall not be less than the minimum annual contribution for health care benefits coverage of 1.5% of salary as required by law.

e. (1) An employee enrolled in the equivalent New Jersey Educators Health Plan or the equivalent Garden State Health Plan offered pursuant to subsection a. of this section shall be required to pay only the contribution specified in subsections a. and b. of section 2 of this act, notwithstanding any other provision of law, rule, or regulation to the contrary requiring contributions by employees toward the cost of health care benefits coverage provided by an employer, except as provided in subsection d. of this section. No other contribution may be required by collective negotiations agreement, except as set forth in subsection i. of this section.

(2) Employees who are not enrolled in the equivalent New Jersey Educators Health Plan or the equivalent Garden State Health Plan offered pursuant to subsection a. of this section shall continue, after the effective date of this act, P.L.2020, c.44, to contribute to health care benefits coverage and those contributions shall be determined in accordance with what is permitted or required by provisions of law.

An employee who is enrolled in a plan other than the equivalent New Jersey Educators Health Plan or the equivalent Garden State Health Plan offered pursuant to subsection a. of this section shall be required to contribute toward the cost of health care benefits coverage offered by the employer (a) in accordance with a collective negotiations agreement applicable to that employee as negotiated prior to or after the effective date of this act pursuant to the requirements that were set forth in law on the day next preceding that effective date; (b) as may be required at the discretion of the employer; or (c) as required by a provision of law, whichever is applicable to that employee.

With regard to contributions by an employee who is enrolled in a plan other than the equivalent New Jersey Educators Health Plan or the equivalent Garden State Health Plan offered pursuant to subsection a. of this section, no provision in this section shall be deemed to modify, alter, impair, or terminate the requirement in sections 77 and 78 of P.L.2011, c.78 (C.18A:16-17.2 and C.52:14-17.28e), as applicable, that a public employer and employees who are in negotiations for the collective negotiations agreement to be executed after the employees in that unit had reached full implementation of the premium share set forth in section 39 of P.L.2011, c.78 (C.52:14-17.28c) shall conduct negotiations concerning contributions for health care benefits as if the full premium share was included in the prior contract. Nothing in this act shall be deemed to modify, alter, impair, or terminate the continued compliance after the effective date of this act with that requirement for negotiations for any collective negotiations agreement for employee contributions for plans other than the equivalent New Jersey Educators Health Plan or the equivalent Garden State Health Plan offered pursuant to subsection a. of this section.

(3) For an employee, the annual base salary paid by the employer for the position held by the employee shall be used to identify the percentage to be used to calculate the annual contribution required under subsections a. and b. of section 2 of this act.

f. The annual contribution by an employee as calculated in accordance with subsection a. or b. of section 2 of this act shall not exceed the amount as calculated in accordance with section 4 of this act.

g. The contributions required by this section shall apply to employees for whom the employer has assumed a health care benefits payment obligation, to require that such employees pay the amount of contribution specified in this section for health care benefits coverage.

h. The level of benefits in the equivalent New Jersey Educators Health Plan and the equivalent Garden State Health Plan offered by the employer shall remain unchanged until December 31, 2027. No change in the level of benefits in those plans shall be made before that date unless such a change is required by federal or State law to governmental health care benefits plans or to both governmental and non-governmental health care benefits plans.

Commencing January 1, 2028 and for each plan year thereafter, the level of benefits in the equivalent New Jersey Educators Health Plan and the equivalent Garden State Health Plan offered by the employer may be modified by the employer in accordance with collective negotiations agreements entered into between the employers who do not participate in the School Employees' Health Benefits Program and their employees, or as otherwise permitted by law.

i. Commencing January 1, 2028 and for each plan year thereafter, the contributions required pursuant to subsections a. and b. of section 2 of this act for employees enrolled in the equivalent New Jersey Educators Health Plan or the equivalent Garden State Health Plan offered pursuant to subsection a. of this section may be modified in accordance with collective negotiations agreements entered into between the employers who do not participate in the School Employees' Health Benefits Program and their employees. The contributions required pursuant to subsections a. and b. of section 2 of this act shall become part of the parties' collective negotiations and shall then be subject to collective negotiations in a manner similar to other negotiable items between the parties. Negotiations concerning contributions for health care benefits shall be conducted as if the contributions required pursuant to subsections a. and b. of section 2 of this act were included in the prior contract. The contribution scheme of the percentage of base salary set forth in those subsections may be modified or a new contribution scheme or method other than a percentage of salary may be provided for in accordance with a collective negotiations agreement.

j. Modifications to plan design of the plans set forth in section 1 of this act, P.L.2020, c.44 (C.52:14-17.46.13), or adjustments to the employee contribution rates set forth in subsections a. and b. of section 2 of this act, made by the School Employees' Health Benefits Plan Design Committee or the State Treasurer pursuant to section 7 of this act shall be implemented for the purposes of this section by the employer commencing January 1, 2024.

k. This section shall also apply when health care benefits coverage is provided though an insurance fund or joint insurance fund or any other manner. This section shall apply to any employer, as that term is defined in section 32 of P.L.2007, c.103 (C.52:14-17.46.2), that is not a participating employer in the School Employees' Health Benefits Program. This section shall not apply to charter school or renaissance school employers unless they have a collective negotiations agreement with any of their employees in effect on or after the effective date of P.L.2020, c.44.

l. Notwithstanding any provision of law, rule, or regulation to the contrary, for any period of time during which the employer does not have to pay a premium or periodic charge for any health care benefits plan or program provided to its employees pursuant to this section, pursuant to another law, or pursuant to a collective bargaining agreement, an employee enrolled in such plan or program shall not be required to make the employee's contribution toward that premium or periodic charge during that period of time. In the event that a collective negotiations agreement specifically addresses a premium holiday the collective negotiations agreement shall be controlling.

##### **§ 18A:16-13.3** Use of actual savings realized by school district. {#sec-18a-16-13.3 omnilex-key=us-nj-statutes--title-18a--18A:16-13.3}

6. a. Actual savings realized by a school district as a result of the implementation of the provisions of P.L.2020, c.44 (C.52:14-17.46.13 et al.) shall be used solely and exclusively by the school district for the purpose of reducing the amount that is required to be raised by the local property tax levy by the school district for school district purposes, except when a school district is spending below adequacy as calculated in accordance with section 1 of P.L.2018, c.67 (C.18A:7F-70).

When a cap on the annual increase in the property tax levy for a school district is imposed by law, the savings realized shall be deducted from the adjusted tax levy for the previous budget year and that reduced amount shall serve as the basis for calculating the adjusted tax levy for the next school year.

b. To enable tracking of health care cost savings by school districts, each school district shall submit an annual data sheet for both the current and prior year showing the Total Annual Cost of Health Benefits for Active Employees, the Total Employee Cost-Sharing Contribution, and the Net Cost to the School District for Health Benefits, including the Number of Covered Employees, the Annual Cost Estimate Per Employee, and the Total Cost for each coverage category - Single Coverage, Parent and Child, Employee and Spouse, and Family.

In addition, school districts shall provide separate breakouts of the same categories of data for health care coverage under all health care benefits plans offered by the employer. The datasheet shall also indicate whether the school district is enrolled in the School Employees' Health Benefits Program for medical or medical and prescription drug benefits coverage. Reports shall be due no later than 60 days following each enrollment period to the Department of Education, the Division of Pensions and Benefits in the Department of the Treasury, and the Legislature.

##### **§ 18A:16-14** Exclusions from eligibility {#sec-18a-16-14 omnilex-key=us-nj-statutes--title-18a--18A:16-14}

The contract shall exclude from eligibility:

a. Employees and dependents, active or retired, who are otherwise eligible for coverage but who, although they meet the age eligibility requirement of the Federal Medicare Program, are not covered by the complete Federal program;

b. Any class or classes of employees who are eligible for like or similar coverage under another group contract covering such class or classes of employees.

##### **§ 18A:16-15** Limitations, exclusions to avoid duplication of benefits {#sec-18a-16-15 omnilex-key=us-nj-statutes--title-18a--18A:16-15}

Any contract or contracts permitted under this act shall contain limitations, exclusions or exceptions so as to avoid duplication of benefits or services otherwise available pursuant to accidental death and dismemberment, hospitalization, medical, surgical, major medical expense or health and accident coverage under any other law of this State or the coverage afforded under the laws of the United States, such as the Federal Medicare Program, and at the option of the local board of education and the carrier, group insurance or any other arrangement of coverage for individuals in a group, whether on an insured or uninsured basis.

Any contract permitted under this act may condition the eligibility of any employee upon satisfying a waiting period stated in the contract.

##### **§ 18A:16-16** Termination of coverage {#sec-18a-16-16 omnilex-key=us-nj-statutes--title-18a--18A:16-16}

The coverage of any employee, and of his dependents, if any, shall cease upon the discontinuance of his employment or upon cessation of active full-time employment in the classes eligible for coverage subject to such provision as may be made in any contract made by the local board of education for limited continuance of coverage during disability, part-time employment, leave of absence other than leave for military service, and for continuance of coverage after retirement.

##### **§ 18A:16-17** Premiums; payment by board of education. {#sec-18a-16-17 omnilex-key=us-nj-statutes--title-18a--18A:16-17}

6. a. Any local board of education entering into a contract pursuant to this act is authorized to pay part or all of the premiums or charges for such contracts and may appropriate out of its general funds any money necessary to pay such premiums or charges or portions thereof.

The contribution required of any employee toward the cost of such coverage may be deducted from the pay, salary or other compensation of such employee upon authorization in writing made to the local board of education.

The local board of education may reimburse an active employee for his premium charges under Part B of the Federal Medicare Program covering the employee alone.

Nothing herein shall be construed as compelling a local board of education to pay any portion of the premiums or charges attributable to such contracts.

b. Commencing on the effective date of P.L.2010, c.2 and upon the expiration of any applicable binding collective negotiations agreement in force on that effective date, employees of a local board of education shall pay 1.5 percent of base salary, through the withholding of the contribution from the pay, salary or other compensation, for health care benefits coverage provided pursuant to P.L.1979, c.391 (C.18A:16-12 et seq.), notwithstanding any other amount that may be required additionally pursuant to subsection a. of this section for such coverage. This subsection shall apply also when the health care benefits coverage is provided through an insurance fund or joint insurance fund or in any other manner.

##### **§ 18A:16-17.1** Contributions by employees of a local board of education toward cost of health care benefits coverage. {#sec-18a-16-17.1 omnilex-key=us-nj-statutes--title-18a--18A:16-17.1}

41. a. Notwithstanding the provisions of any other law to the contrary, public employees, as specified herein, of a local board of education shall contribute, through the withholding of the contribution from the pay, salary, or other compensation, toward the cost of health care benefits coverage for the employee and any dependent provided pursuant to P.L.1979, c.391 (C.18A:16-12 et seq.), unless the provisions of subsection b. of this section apply, in an amount that shall be determined in accordance with section 39 of P.L.2011, c.78 (C.52:14-17.28c), except that, employees employed on the date on which the contribution commences, as specified in subsection c. of this section, shall pay:

during the first year in which the contribution is effective, one-fourth of the amount of contribution;

during the second year in which the contribution is effective, one-half of the amount of contribution; and

during the third year in which the contribution is effective, three-fourths of the amount of contribution,

as that amount is calculated in accordance with section 39 of P.L.2011, c.78 (C.52:14-17.28c).

The amount payable by any employee under this subsection shall not under any circumstance be less than the 1.5 percent of base salary that is provided for in subsection b. of section 6 of P.L.1979, c.391 (C.18A:16-17). An employee who pays the contribution required under this subsection shall not also be required to pay the contribution of 1.5 percent of base salary under subsection b. of section 6 of P.L.1979, c.391 (C.18A:16-17).

This section shall apply to employees for whom the employer has assumed a health care benefits payment obligation pursuant to section 6 of P.L.1979, c.391 (C.18A:16-17), to require that such employees pay at a minimum the amount of contribution specified in this section for health care benefits coverage.

b. A board of education may enter into a contract or contracts to provide health care benefits including prescription drug benefits and other health care benefits, as may be required to implement a duly executed collective negotiations agreement, and may provide through such agreement for an amount of employee contribution as a cost share or premium share that is other than the percentage required under subsection a. of this section, if the total aggregate savings during the term of the agreement from employee contributions or plan design, or both, from that agreement as applied to employees covered by that agreement, and to employees not covered by that agreement but to whom the agreement has been applied by the employer, if any, equals or exceeds the annual savings that would have resulted had those employees made the contributions required under subsection a. of this section plus the annual savings resulting to the plans within the School Employees' Health Benefits Program as a result of plan design changes made pursuant to P.L.2011, c.78.

A board of education shall certify the savings in writing to the Department of Education and the Division of Pensions and Benefits in the Department of the Treasury. The Department of Education shall review and approve or reject the certification within 30 days of receipt. The certification is deemed approved if not rejected within that time. The agreement shall not be executed until that approval is received or the 30-day period has lapsed, whichever occurs first.

c. The contribution under subsection a. of this section shall commence: (1) upon the effective date of P.L.2011, c.78 for employees who do not have a majority representative for collective negotiations purposes, notwithstanding that the terms of a collective negotiations agreement binding on the employer have been applied or have been deemed applicable to those employees by the employer, or have been used to modify the respective payment obligations of the employer and those employees in a manner consistent with those terms, before that effective date; and (2) upon the expiration of any applicable binding collective negotiations agreement in force on that effective date for employees covered by that agreement with the contribution required for the first year under subsection a. of this section commencing in the first year after that expiration, or upon the effective date of P.L.2011, c.78 if such an agreement has expired before that effective date with the contribution required for the first year under subsection a. of this section commencing in the first year after that effective date.

Once those employees are subjected to the contribution requirements set forth in subsection a. of this section, the public employers and public employees shall be bound by this act, P.L.2011, c.78, to apply the contribution levels set forth in section 39 of this act until all affected employees are contributing the full amount of the contribution, as determined by the implementation schedule set forth in subsection a. of this section. Notwithstanding the expiration date set forth in section 83 of this act, P.L.2011, c.78, or the expiration date of any successor agreements, the parties shall be bound to apply the requirements of this paragraph until they have reached the full implementation of the schedule set forth in subsection a. of this section.

As may be permitted by law or otherwise, the authority to determine an amount of contribution at the discretion of the employer or by means of a binding collective negotiations agreement, and by means of the application of the terms of such an agreement to employees who do not have a majority representative for collective negotiations purposes, or the modification of the respective payment obligations of the employer and those employees in a manner consistent with the terms of such agreements, shall remain in effect with regard to contributions, whether as a share of the cost, or percentage of the premium or periodic charge, or otherwise, in addition to the contributions required under subsection a. of this section.

This section shall apply when the health care benefits are provided through self insurance, the purchase of commercial insurance or reinsurance, an insurance fund or joint insurance fund, or in any other manner, or any combination thereof.

All other provisions of law shall remain applicable to the extent not inconsistent with this section.

d. Any extension, alteration, re-opening, amendment or other adjustment to a collective negotiations agreement in force on the effective date of P.L.2011, c.78, or to an agreement that is expired on that effective date, shall be considered a new collective negotiations agreement entered into after that effective date for the purposes of this section.

##### **§ 18A:16-17.2** Negotiations for benefits as if full premium share included in prior contract. {#sec-18a-16-17.2 omnilex-key=us-nj-statutes--title-18a--18A:16-17.2}

78. A public employer and employees who are in negotiations for the next collective negotiations agreement to be executed after the employees in that unit have reached full implementation of the premium share set forth in section 39 of P.L.2011, c.78 (C.52:14-17.28c) shall conduct negotiations concerning contributions for health care benefits as if the full premium share was included in the prior contract. The public employers and public employees shall remain bound by the provisions of sections 39 and 41 of P.L.2011, c.78 (C.52:14-17.28c and C.18A:16-17.1), notwithstanding the expiration of those sections, until the full amount of the contribution required by section 39 has been implemented in accordance with the schedule set forth in section 41.

Employees subject to any collective negotiations agreement in effect on the effective date of P.L.2011, c.78, that has an expiration date on or after the expiration of sections 39 through 44, inclusive, of P.L.2011, c.78 (C.52:14-17.28c et al.), shall be subject, upon expiration of that collective negotiations agreement, to sections 39 and 41 until the health care contribution schedule set forth in section 41 is fully implemented.

After full implementation, those contribution levels shall become part of the parties' collective negotiations and shall then be subject to collective negotiations in a manner similar to other negotiable items between the parties.

##### **§ 18A:16-18** Coverage after retirement {#sec-18a-16-18 omnilex-key=us-nj-statutes--title-18a--18A:16-18}

The continuance of coverage after retirement of any employee shall be provided at such rates and under the conditions as shall be prescribed in the contract subject, however, to the requirements set forth in section 8 of P.L. 1979, c. 391 (C. 18A:16-19). The contribution required of any retired employee toward the cost of such coverage may be paid by the employee to the local board of education or in such other manner as the local board of education shall direct.

1979, c.391, s.7; amended 1987,c.386,s.1.

##### **§ 18A:16-19** Payment for coverage {#sec-18a-16-19 omnilex-key=us-nj-statutes--title-18a--18A:16-19}

a. Except as otherwise prescribed by P.L. 1979, c. 391 (C. 18A:16-12 et seq.), retired employees shall be required to pay for the entire cost of coverage for themselves and their dependents at rates which are deemed adequate to cover the benefits, as affected by Medicare, of such retired employees and their dependents on the basis of the utilization of services which may be reasonably expected of such older age classification; provided, however, that the total rate payable by such a retired employee for himself and his dependents, for coverage under the contract and for Part B of Medicare, shall not exceed by more than 25%, the total amount that would have been required to have been paid by the employee and the local board of education for the coverage maintained had he continued in office or active employment and he and his dependents were not eligible for Medicare benefits.

b. The local board of education may, in its discretion, assume the entire cost of such coverage and pay all of the premiums for employees who have retired after 25 years or more service with the local board of education, including the premiums on their dependents, if any, under such uniform conditions as the local board of education shall prescribe, except that retired employees and dependents who are eligible for and elect at the time of retirement to take State-paid coverage under the State Health Benefits Program pursuant to paragraph (2) of subsection b. of section 7 of P.L. 1964, c. 125 (C. 52:14-17.38) shall not be eligible for employer-paid coverage under this subsection.

1979, c.391,s.8; amended 1987,c.386,s.2.

##### **§ 18A:16-19.1** Establishment of cafeteria plan for health benefits by board of education. {#sec-18a-16-19.1 omnilex-key=us-nj-statutes--title-18a--18A:16-19.1}

44. Notwithstanding the provisions of any other law to the contrary, a board of education, or an agency or instrumentality thereof, may establish as an employer a cafeteria plan for its employees pursuant to section 125 of the federal Internal Revenue Code, 26 U.S.C. s.125, and shall establish such a plan for medical or dental expenses not covered by a health benefits plan. The plan shall provide for a reduction in an employee's salary, through payroll deductions or otherwise, in exchange for payment by the employer of medical or dental expenses not covered by a health benefits plan, and may provide for a reduction in an employee's salary, through payroll deductions or otherwise, in exchange for payment by the employer of dependent care expenses as provided in section 129 of the code, 26 U.S.C. s.129, and such other benefits as are consistent with section 125 which are included under the plan. The amount of any reduction in an employee's salary for the purpose of contributing to the plan shall continue to be treated as regular compensation for all other purposes, including the calculation of pension contributions and the amount of any retirement allowance, but, to the extent permitted by the federal Internal Revenue Code, shall not be included in the computation of federal taxes withheld from the employee's salary.

##### **§ 18A:16-20** Multiple coverage; summary of cost of each coverage to be furnished to board {#sec-18a-16-20 omnilex-key=us-nj-statutes--title-18a--18A:16-20}

In the event an insurance company issues a group insurance policy to a local board of education which includes two or more of the coverages authorized under this act, such insurance company shall at the end of each policy year furnish to the local board of education a summary of the cost of each such coverage.

##### **§ 18A:16-21** Copy of insurance contract to be filed with State Employees Health Benefits Commission {#sec-18a-16-21 omnilex-key=us-nj-statutes--title-18a--18A:16-21}

It shall be the duty of the local board of education, entering into a contract pursuant to the provisions of this act, to file a copy thereof with the State Employees Health Benefits Commission. The commission shall prepare and file periodically, and not less than every 2 years, a report to the Governor and the Legislature as to such contracts being entered into by local boards of education and shall make such recommendations concerning said contracts and the coverage thereunder as it deems appropriate to achieve uniformity of coverage and benefits for employees throughout the State.

##### **§ 18A:16-22** Validation of contracts executed prior to act {#sec-18a-16-22 omnilex-key=us-nj-statutes--title-18a--18A:16-22}

a. Contracts executed between a local board of education and an authorized insurer prior to the effective date of this act are hereby confirmed and validated until the contract anniversary next following the first anniversary of said date when such contracts, exclusive of group life insurance, will have to be conformed to the provisions of this act.

b. It shall not be a defense to the payment or satisfaction of any claim for benefits under any contract or policy hereby confirmed and validated that such contract or policy was ultra vires, improperly entered into or otherwise not authorized by law.

## **Chapter 17** {#struct-chapter-17}

##### **§ 18A:17-1** Removal, etc., of secretaries, assistant secretaries, school business administrators and business managers during terms of office {#sec-18a-17-1 omnilex-key=us-nj-statutes--title-18a--18A:17-1}

No secretary, assistant secretary, school business administrator or business manager of a board of education of any school district shall, during the term for which he was appointed, be dismissed or reduced in compensation, except for neglect, misbehavior or other offense unless it is otherwise provided in his contract of employment.

##### **§ 18A:17-2** Tenure of secretaries, assistant secretaries, school business administrators, business managers and secretarial and clerical employees {#sec-18a-17-2 omnilex-key=us-nj-statutes--title-18a--18A:17-2}

a. Any secretary, assistant secretary, school business administrator or business manager of a board of education of any school district who has or shall have devoted his full time to the duties of his office and has or shall have served therein for three consecutive calendar years, and

b. Any person holding any secretarial or clerical position or employment under a board of education of any school district or under any officer thereof, after

1. The expiration of a period of employment of three consecutive calendar years in the district or such shorter period as may be fixed by the board or officer employing him, or

2. Employment for three consecutive academic years, together with employment at the beginning of the next succeeding academic year, an academic year being the period between the time when school opens in the district after the general summer vacation and the beginning of the next succeeding summer vacation, and

c. Any person, who has acquired, or shall hereafter acquire, tenure in any secretarial or clerical office, position or employment under the board of education of a school district and has been appointed district clerk or secretary, or shall hereafter be appointed secretary of said district, as such secretary,

shall hold his office, position or employment under tenure during good behavior and efficiency and shall not be dismissed or suspended or reduced in compensation, except for neglect, misbehavior or other offense and only in the manner prescribed by subarticle B of article 2 of chapter 6 of this title.

##### **§ 18A:17-3** Tenure of janitorial employees {#sec-18a-17-3 omnilex-key=us-nj-statutes--title-18a--18A:17-3}

Every public school janitor of a school district shall, unless he is appointed for a fixed term, hold his office, position or employment under tenure during good behavior and efficiency and shall not be dismissed or suspended or reduced in compensation, except as the result of the reduction of the number of janitors in the district made in accordance with the provisions of this title or except for neglect, misbehavior or other offense and only in the manner prescribed by subarticle B of article 2 of chapter 6 of this title.

##### **§ 18A:17-4** Reduction in number of janitorial employees {#sec-18a-17-4 omnilex-key=us-nj-statutes--title-18a--18A:17-4}

No board of education shall reduce the number of janitors, janitor engineers, custodians or janitorial employees in any district by reason of residence, age, sex, race, religion or political affiliation and when any janitor, janitor engineer, custodian or janitorial employee under tenure is dismissed by reason of reduction in the number of such employees, the one having the least number of years to his credit shall be dismissed in preference to any other having a longer term of service and the person so dismissed shall be and remain upon a preferred eligibility list, in the order of years of service, for reemployment whenever vacancies occur and shall be reemployed by the board in such order and upon reemployment shall be given full recognition for previous years of service in his respective positions and employments.

##### **§ 18A:17-5** Appointment of secretary of board of education; terms; compensation; vacancy. {#sec-18a-17-5 omnilex-key=us-nj-statutes--title-18a--18A:17-5}

Each secretary shall be appointed by the board, by a recorded roll call majority vote of its full membership, for a term to expire not later than June 30 , or January 15 in the case of a school district in which the annual school election is in November, of the calendar year next succeeding that in which the board shall have been organized, but he shall continue to serve after the expiration of his term until his successor is appointed and qualified. The secretary may be appointed from among the members of the board and, subject to the provisions of this Title and any other law, the board shall fix his compensation; provided, however, that the secretary shall not receive compensation from the board for any period during which he is an elected or appointed member of the board.

In case of a vacancy in the office of secretary, the vacancy shall be filled by the board within 60 days after the vacancy occurs and if the board does not make such appointment within such time the executive county superintendent shall appoint a secretary who shall receive the same compensation as his predecessor in office received and shall serve until a secretary is appointed by the board.

##### **§ 18A:17-6** Bond of secretary. {#sec-18a-17-6 omnilex-key=us-nj-statutes--title-18a--18A:17-6}

The secretary shall, before entering upon the duties of his office, give bond to the board, not less than $2,000.00, in an amount and with surety to be approved by the board, conditioned for the faithful performance of the duties of his office. In a district which does not have a treasurer of school moneys, if the secretary is an officer of the municipality constituting the district, and the bond given by the officer for the faithful performance of the municipal duties covers and secures the faithful performance of the duties as secretary, and a certificate of coverage with sufficient amounts of coverage for both the municipal and board position is certified to the board, the secretary shall not be required to give additional bond. The board shall be guided in its determination of the amount of coverage necessary by a schedule of minimum limits of coverage promulgated by the State Board of Education. The board may accept as surety a corporation authorized to be surety under the laws of this State and may pay the annual premiums or fee upon said bond as a current expense of the board.

##### **§ 18A:17-7** Notices, minutes, special meetings {#sec-18a-17-7 omnilex-key=us-nj-statutes--title-18a--18A:17-7}

The secretary shall give notice of all regular or special meetings of the board to the members thereof and record the minutes of all proceedings of the board and the results of any annual or special school election in suitable minute books.

##### **§ 18A:17-8** Duties of secretary as general accountant of board. {#sec-18a-17-8 omnilex-key=us-nj-statutes--title-18a--18A:17-8}

The secretary shall be the general accountant of the board and he shall:

a. Collect and in a district which does not have a treasurer of school moneys, deposit tuition fees and other moneys due to the board. In a district which has a treasurer of school moneys, the secretary shall collect those fees not payable directly to the treasurer of school moneys of the district and transmit the same to the treasurer of school moneys;

b. Examine and audit all accounts and demands against the board and present the same to the board for its approval in open meeting, and when payment thereof shall be ordered by the board, he shall indicate the board's approval upon the same in writing with the president of the board and present the same for payment pursuant to N.J.S.18A:19-1 or, in a district which has a treasurer of school moneys, to the treasurer; and

c. Keep and maintain such accounts of the financial transactions of the district as shall be prescribed by the State board in accordance with the uniform system of bookkeeping presented by the State board including a correct detailed account of all the expenditures of school moneys in the district.

##### **§ 18A:17-9** Monthly reconciliation of bank account statements; report by secretary. {#sec-18a-17-9 omnilex-key=us-nj-statutes--title-18a--18A:17-9}

The chief school administrator or board designee other than the secretary shall prepare the monthly reconciliation of bank account statements and in conjunction with the secretary take any steps necessary to bring the cash record balance and reconciled bank balance into agreement prior to completion of the secretary's monthly report.

The secretary shall:

a. Report to the board, at each regular meeting, but not more often than once each month, the amount of total appropriations and the cash receipts for each account, the amount for which warrants have been drawn against each account, the amounts of orders or contractual obligations incurred and chargeable against each account year to date and since the date of his last report, the cash and appropriation balances for each account and fund, and the reconciled bank account balances in the manner and form prescribed by the commissioner;

b. Keep and maintain in his office all contracts, records and documents belonging to the board, except such as shall be kept by the treasurer of school moneys pursuant to law, under such conditions as the board shall prescribe;

c. Perform any other duties prescribed by law.

##### **§ 18A:17-9.1** Board secretary to receive, hold moneys in certain districts. {#sec-18a-17-9.1 omnilex-key=us-nj-statutes--title-18a--18A:17-9.1}

1. In a school district which does not have a treasurer of school moneys, the board secretary shall receive and hold in trust all school moneys belonging to the district from whatever source derived free of any control by the governing body of any municipality comprised in that district, except any moneys derived from athletic events or other activities of pupil organizations of the district. The board secretary shall, when required by resolution of the board, deposit the school moneys or such part thereof as may be designated in any bank or banking institution of this State designated by it as a depository of school moneys, which may include the State of New Jersey Cash Management Fund, created pursuant to section 1 of P.L.1977, c.281 (C.52:18A-90.4), and thereafter school moneys shall be deposited only in the depository or any of the depositories so named and the secretary shall, upon depositing the same therein, be relieved from liability for any loss thereof which may be caused by reason of the deposit.

##### **§ 18A:17-9.2** Board secretary to keep records in certain districts. {#sec-18a-17-9.2 omnilex-key=us-nj-statutes--title-18a--18A:17-9.2}

2. In a school district which does not have a treasurer of school moneys, the board secretary shall keep a record of the sums received and paid out by him in accordance with the uniform system of bookkeeping prescribed by the State board. Upon ceasing to hold the office the board secretary shall pay over the balance of school funds remaining in his hands to his successor in office.

##### **§ 18A:17-10** Secretary; annual report {#sec-18a-17-10 omnilex-key=us-nj-statutes--title-18a--18A:17-10}

The secretary shall, at the close of each fiscal year, present to the board a detailed report of its financial transactions during such year and file such copies thereof with the county superintendent as shall be required by the commissioner and he shall also make report on or before August 1 of each year of such matters, in such manner and form, as shall be prescribed by the commissioner.

##### **§ 18A:17-11** Secretary; taking oaths {#sec-18a-17-11 omnilex-key=us-nj-statutes--title-18a--18A:17-11}

The secretary may, without charge, administer oaths, in relation to the school matters of the district in which he is employed.

##### **§ 18A:17-12** Secretary; annual financial report to commissioner {#sec-18a-17-12 omnilex-key=us-nj-statutes--title-18a--18A:17-12}

The secretary shall, on or before August 1 of each year, report to the commissioner the amount of interest bearing school debt, if any, of the municipality or the district then remaining unpaid, together with the rate of interest payable thereon, the date or dates on which the bonds or other evidences of indebtedness were issued and the date or dates upon which they will fall due, which information shall be furnished to the secretary, upon demand, by the clerk of each municipality within the district as to any such obligation outstanding.

##### **§ 18A:17-12.1** Secretary; retirement on pension; amount {#sec-18a-17-12.1 omnilex-key=us-nj-statutes--title-18a--18A:17-12.1}

The board of education of any school district may by resolution provide for the retirement on pension of a secretary of the board of education who has served in such office for 30 or more years on a part-time basis and 10 or more years on a full-time basis, who is not less than 65 years of age and who, by reason of age at the time of his appointment as a full-time secretary of the board, was ineligible for membership in a contributory pension system.

Any pension authorized pursuant to this act may not exceed 50% of the employee's annual final average salary, inclusive of any benefits to which the employee may be entitled under the General Non-Contributory Pension Act, or any other pension payable from his employer and exclusive of any benefits to which the employee might be entitled under Federal Old Age and Survivor's Insurance.

##### **§ 18A:17-12.2** Secretary; pension funds {#sec-18a-17-12.2 omnilex-key=us-nj-statutes--title-18a--18A:17-12.2}

Funds for any pension granted by the board of education pursuant to this act shall be provided in the same manner as other expenses for the maintenance of the board of education.

##### **§ 18A:17-13** Assistant and acting secretaries; appointment, powers and duties {#sec-18a-17-13 omnilex-key=us-nj-statutes--title-18a--18A:17-13}

The board may, by a recorded roll call majority vote of its full membership appoint an assistant secretary who may be chosen from among its members and may fix his term of employment and compensation.

An assistant secretary shall assist the secretary in the performance of his duties and perform such other duties as the board may from time to time prescribe.

An assistant secretary shall act as secretary of the board and perform all duties and be subject to all of the obligations of the secretary during the secretary's absence or inability to act or during a vacancy in the office of secretary, unless or until the board shall, by a like vote, designate another person to act as secretary during such time.

An assistant secretary or an acting secretary shall, if so required by the board, give bond for his faithful performance of his duties as secretary in the same manner and in the same amount as is required of the secretary and the payment of the premium thereon may be paid by the board as in the case of a secretary.

No assistant secretary or acting secretary shall acquire tenure of office, position or employment as secretary.

##### **§ 18A:17-14** Clerks in secretary's office {#sec-18a-17-14 omnilex-key=us-nj-statutes--title-18a--18A:17-14}

In type I districts, the secretary may appoint clerks in his office to such number and at such salaries as shall be determined by the board and remove them, subject to the provisions of this title and of any other law.

##### **§ 18A:17-14.1** Appointment of school business administrator; duties; subcontracting; tenure acquisition. {#sec-18a-17-14.1 omnilex-key=us-nj-statutes--title-18a--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.

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 al.), in which case credit toward tenure acquisition shall accrue only in the primary district of employment.

##### **§ 18A:17-14.2** Qualifications {#sec-18a-17-14.2 omnilex-key=us-nj-statutes--title-18a--18A:17-14.2}

The appointee shall be a suitable person who holds an appropriate certificate as prescribed by the state board. He shall be considered a member of the professional staff of the district. No person shall act as school business administrator or perform the duties of a school business administrator, as prescribed by the rules and regulations of the state board, unless he holds such a certificate.

##### **§ 18A:17-14.3** Secretary or business manager appointed school administrator; tenure {#sec-18a-17-14.3 omnilex-key=us-nj-statutes--title-18a--18A:17-14.3}

Any person who has acquired, or shall hereafter acquire tenure as a secretary or business manager under any board, and who shall be appointed a school business administrator shall have tenure as a school business administrator.

##### **§ 18A:17-14.4** Compliance with requirements for income tax on compensation of administrators. {#sec-18a-17-14.4 omnilex-key=us-nj-statutes--title-18a--18A:17-14.4}

8. A school business administrator, or any other person designated by the board of education, shall certify to the Department of the Treasury that all documentation prepared for income tax related purposes, in regard to superintendents of schools, assistant superintendents of schools, and school business administrators, complies fully with the requirements of federal and State laws and regulations regarding the types of compensation which are required to be reported.

##### **§ 18A:17-15** Appointment of superintendents; terms; apportionment of expense {#sec-18a-17-15 omnilex-key=us-nj-statutes--title-18a--18A:17-15}

The board of education of a Type I district and of any Type II district, now having or hereafter authorized to have a superintendent of schools, may, by contract appoint, for a term of not less than three nor more than five years and expiring July 1, a superintendent of schools by the recorded roll call majority vote of the full membership of the board.

A superintendent of schools may be appointed for a like term also in any other Type II district or in any other two or more Type II districts as follows:

Application for the establishment of the office of superintendent of schools for a district or for two or more districts which determine to share a superintendent shall be made to the county superintendent of the county or the county superintendent of each of the counties in which such district or districts are situate and if said application is agreed to in writing by such county superintendent or county superintendents and shall be approved by the commissioner and the State board, the board of education of such a district so applying may appoint a superintendent of schools for a single district in the manner hereinbefore provided or may appoint a superintendent for two or more districts in the manner provided by section 4 of P.L.1996, c.111 (C.18A:17-24.1).

##### **§ 18A:17-15.1** Required provision of superintendent's employment contract. {#sec-18a-17-15.1 omnilex-key=us-nj-statutes--title-18a--18A:17-15.1}

7. An employment contract entered into between a board of education and a superintendent of schools shall include a provision that explicitly states that in the event that the certificate of the superintendent is revoked the contract is null and void as of the date of the revocation.

##### **§ 18A:17-16** Appointment and removal of assistant superintendents {#sec-18a-17-16 omnilex-key=us-nj-statutes--title-18a--18A:17-16}

The board or boards of education of any school district or school districts having a superintendent of schools may, upon nomination of the superintendent, by a recorded roll call majority vote of the full membership, of the board or of each of such boards, appoint assistant superintendents of schools. They may be removed by a like vote of the members of the board or of each board employing them, subject to the provisions of chapter 28 of this title.

##### **§ 18A:17-17** Certificate required {#sec-18a-17-17 omnilex-key=us-nj-statutes--title-18a--18A:17-17}

No person shall be appointed, or act as, or perform the duties of, superintendent or assistant superintendent of schools, unless he holds an appropriate certificate as prescribed by the state board.

##### **§ 18A:17-18** Full time required of superintendents; when {#sec-18a-17-18 omnilex-key=us-nj-statutes--title-18a--18A:17-18}

The superintendent of schools shall, when so required by the board or boards of education of the district or districts employing him, devote himself exclusively to the duties of his office.

##### **§ 18A:17-19** Salaries {#sec-18a-17-19 omnilex-key=us-nj-statutes--title-18a--18A:17-19}

The board or boards of education employing a superintendent or assistant superintendent of schools shall fix the salaries of the superintendent and assistant superintendent of schools and the salary of a superintendent shall not be reduced during his term of office.

##### **§ 18A:17-19.1** Bonus in employment contract of superintendent prohibited under certain circumstances. {#sec-18a-17-19.1 omnilex-key=us-nj-statutes--title-18a--18A:17-19.1}

1. a. A board of education shall not include within the employment contract of a superintendent of schools a provision that offers a bonus for reducing the number of students who are classified as eligible for special education programs and services pursuant to chapter 46 of Title 18A of the New Jersey Statutes who are enrolled in an out-of-district placement.

b. As used in this section, "bonus" means a special monetary award provided to a superintendent of schools in addition to any regular salary, compensation, or emolument.

##### **§ 18A:17-19.2** DOE not to regulate maximum salary of superintendent. {#sec-18a-17-19.2 omnilex-key=us-nj-statutes--title-18a--18A:17-19.2}

2. The Department of Education shall not regulate the maximum salary amount a board of education may provide to a superintendent of schools pursuant to an employment contract.

##### **§ 18A:17-20** Superintendent; general powers and duties {#sec-18a-17-20 omnilex-key=us-nj-statutes--title-18a--18A:17-20}

a. Any superintendent of schools, who has acquired tenure in the position of superintendent as of the effective date of P.L.1991, c.267 (C.18A:17-20.1 et al.), shall have general supervision over the schools of the district or districts under rules and regulations prescribed by the State board and shall keep himself informed as to their condition and progress and shall report thereon, from time to time, to, and as directed by, the board and he shall have such other powers and perform such other duties as may be prescribed by the board or boards employing him.

He shall have a seat on the board or boards of education employing him and the right to speak on all educational matters at meetings of the board or boards but shall have no vote.

b. Any superintendent of schools who has not acquired tenure in the position of superintendent as of the effective date of P.L.1991, c.267 (C.18A:17-20.1 et al.) but who holds tenure during the term of his employment contract pursuant to section 5 of P.L.1991, c.267 (C.18A:17-20.2), shall be the chief executive and administrative officer of the board or boards of education employing him and shall have general supervision over all aspects, including the fiscal operations and instructional programs, of the schools of the district or districts under rules and regulations prescribed by the State board and shall keep himself informed as to their condition and progress and shall report thereon, from time to time, to, and as directed by, the board and he shall have such other powers and perform such other duties as may be prescribed by the board or boards employing him.

He shall have a seat on the board or boards of education employing him and the right to speak on all matters at meetings of the board or boards but shall have no vote.

##### **§ 18A:17-20.1** Reappointment of superintendent. {#sec-18a-17-20.1 omnilex-key=us-nj-statutes--title-18a--18A:17-20.1}

4. At the conclusion of the term of the initial contract or of any subsequent contract as hereinafter provided, the superintendent shall be deemed reappointed for another contracted term of the same duration as the previous contract unless either: a. the board by contract reappoints him for a different term which term shall be not less than three nor more than five years, in which event reappointments thereafter shall be deemed for the new term unless a different term is again specified; or b. the board notifies the superintendent in writing that he will not be reappointed at the end of the current term, in which event his employment shall cease at the expiration of that term, provided that such notification shall be given prior to the expiration of the first or any subsequent contract by a length of time equal to 30 days for each year in the term of the current contract.

##### **§ 18A:17-20.2** Dismissal of superintendent {#sec-18a-17-20.2 omnilex-key=us-nj-statutes--title-18a--18A:17-20.2}

5. shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming a superintendent or other just cause and then only in the manner prescribed by subarticle B of article 2 of chapter 6 of Title 18A of the New Jersey Statutes.

##### **§ 18A:17-20.2a** Required actions relative to early termination of superintendent's employment contract. {#sec-18a-17-20.2a omnilex-key=us-nj-statutes--title-18a--18A:17-20.2a}

6. a. Prior to a board of education entering an agreement for an early termination of an employment contract entered into with its superintendent of schools pursuant to the provisions of N.J.S.18A:17-15, that includes the payment of compensation to the superintendent as a condition of separation from service with the district, the board shall submit the agreement to the Commissioner of Education for approval. The agreement shall be submitted by certified mail, return receipt requested. The commissioner shall evaluate the agreement and have the authority to disapprove the agreement if the payment of compensation as a condition of separation from service is found to be excessive. The determination of the commissioner shall be made within 30 days of receipt of the agreement.

As used in this subsection, "compensation" includes, but is not limited to, salary, allowances, bonuses and stipends, payments for accumulated sick or vacation leave, contributions toward the costs of health, dental, life and other types of insurance, medical reimbursement plans, retirement plans, and any in-kind or other form of remuneration.

b. The Commissioner of Education shall adopt regulations in accordance with the provisions of section 6 of P.L.2008, c.37 (C.18A:11-13) to establish the allowable parameters of early termination agreements.

##### **§ 18A:17-20.3** Evaluation of superintendent's performance {#sec-18a-17-20.3 omnilex-key=us-nj-statutes--title-18a--18A:17-20.3}

6. a. Every local board of education having a superintendent shall evaluate the performance of the superintendent at least once a year. Each evaluation shall be in writing, a copy shall be provided to the superintendent and the superintendent and the board shall meet to discuss the findings. The evaluations shall be based upon the goals and objectives of the district, the responsibilities of the superintendent and such other criteria as the State Board of Education shall by regulation prescribe. Any contract entered into pursuant to N.J.S.18A:17-15 shall provide for an evaluation pursuant to this section and may provide for additional evaluation criteria or procedures which shall not be inconsistent with the regulations of the State board.

b. The New Jersey School Boards Association shall establish a training program for local school board members on the evaluation of superintendents pursuant to subsection a. of this section. Every newly appointed or elected school board member shall complete the training program within six months of commencement of his term of office.

##### **§ 18A:17-20.4** Tenure rights not affected {#sec-18a-17-20.4 omnilex-key=us-nj-statutes--title-18a--18A:17-20.4}

8. Nothing in this section or in this act shall affect any tenure rights which shall have already accrued to any superintendent prior to the effective date of this amendatory and supplementary act. A superintendent of schools promoted from within a district shall retain all tenure rights accrued in any position which was previously held by the superintendent in the district.

##### **§ 18A:17-20.5** Appointment of administrative principal {#sec-18a-17-20.5 omnilex-key=us-nj-statutes--title-18a--18A:17-20.5}

9. In any district not having a superintendent of schools, the board of education shall appoint an administrative principal for the district. In a district having two or more schools the board shall appoint the principal of one of those schools as administrative principal, and in a district having only one school, the principal of that school shall be so appointed. The appointment of an administrative principal shall be made by contract for a term of not less than three nor more than five years and expiring July 1, by the recorded roll call majority vote of the full membership of the board. Reappointment of the administrative principal shall be governed by the same provisions as set forth in section 4 of P.L.1991, c.267 (C.18A:17-20.1) with respect to superintendents.

The administrative principal shall have all the powers, authority, privileges, rights and duties set forth in N.J.S.18A:17-20 and sections 5 and 6 of P.L.1991, c.267 (C.18A:17-20.2 and 18A:17-20.3) with respect to superintendents.

No administrative principal hereafter appointed shall have tenure in any other position in the district; but nothing in this section or in P.L.1991, c.267 (C.18A:17-20.1 et al.) shall affect any tenure rights which shall have already accrued to any individual who was appointed as or functioning as an administrative principal prior to the effective date of P.L.1991, c.267 (C.18A:17-20.1 et al.).

##### **§ 18A:17-21** Annual report to commissioner {#sec-18a-17-21 omnilex-key=us-nj-statutes--title-18a--18A:17-21}

Each superintendent of schools shall render to the commissioner and to the county superintendent of schools having jurisdiction over the district a report of such matters relating to the schools, under his supervision as shall be required by the commissioner, and in the manner and form prescribed by him, on or before August 1 of each year.

##### **§ 18A:17-22** Assistant superintendent; duties {#sec-18a-17-22 omnilex-key=us-nj-statutes--title-18a--18A:17-22}

Each assistant superintendent of schools shall perform such duties as shall be prescribed by the superintendent of schools with the approval of the board or boards of education employing such superintendent.

##### **§ 18A:17-23** Suspension of assistant superintendent {#sec-18a-17-23 omnilex-key=us-nj-statutes--title-18a--18A:17-23}

Any assistant superintendent of schools may be suspended by the superintendent of schools in the manner provided by section 18A:25-6.

##### **§ 18A:17-24** Clerks in superintendent's office {#sec-18a-17-24 omnilex-key=us-nj-statutes--title-18a--18A:17-24}

The superintendent of schools may appoint, and subject to the provisions of article 1 of this chapter may remove, clerks in his office but the number and salaries of such clerks shall be determined by the board or boards employing him.

##### **§ 18A:17-24.1** Sharing of superintendent, school business administrator; procedure {#sec-18a-17-24.1 omnilex-key=us-nj-statutes--title-18a--18A:17-24.1}

4. The boards of education of two or more school districts may share a superintendent or a school business administrator, or both. 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.

##### **§ 18A:17-24.2** Contract for sharing superintendent, school business administrator {#sec-18a-17-24.2 omnilex-key=us-nj-statutes--title-18a--18A:17-24.2}

5. Any boards obtaining the approval of the Commissioner of Education may contract with one another for the sharing of a superintendent or school business administrator. The contract shall be in writing and shall address the responsibilities of each district under the sharing relationship, including the apportionment of costs. The agreement shall be made contingent upon the districts' mutual agreement on a candidate to fill the shared position and shall be conterminous with the superintendent's or business administrator's employment contract. A candidate for the position of superintendent shall hold the standard certificate of school administrator and a candidate for the position of school business administrator shall hold the standard certificate of school business administrator.

a. The school districts shall together agree on how the initial costs of sharing a superintendent or business administrator shall be apportioned, which apportionment shall be expressed as a percentage for each district, and shall include the cost of salaries and benefits.

b. At least one year prior to the expiration of the first or any subsequent contract between school boards sharing a superintendent or business administrator, a board wishing to terminate the contract shall notify, in writing, the other board or boards and the superintendent or business administrator, that it wishes to terminate the contract.

c. Should a board give a notice of termination, the contract between the boards shall be terminated at the expiration of that term and the superintendent or business administrator shall not be reappointed by the joint boards at the end of the current term. However, the termination shall not preclude a board from reemploying the superintendent or business administrator on an individual basis.

d. Upon the expiration of a contract between school boards sharing a superintendent or business administrator, the boards shall submit a report to the county superintendent or superintendents, which shall include an evaluation of the sharing relationship and the feasibility of voluntarily forming a regional district.

##### **§ 18A:17-24.3** Appointment of shared superintendent, school business administrator; terms {#sec-18a-17-24.3 omnilex-key=us-nj-statutes--title-18a--18A:17-24.3}

6. The boards of education may, by contract, appoint a shared superintendent or school business administrator for a term of not less than three nor more than five years and expiring July 1, by the recorded roll call majority vote of the membership of each board. At the conclusion of the term of the initial contract or of any subsequent contract, the superintendent or business administrator shall be deemed reappointed for another contracted term of the same duration as the previous contract unless either:

a. The boards shall together agree to reappoint the person by contract for a different term, which term shall not be less than three nor more than five years in which event reappointments thereafter shall be deemed for the new term unless a different term is again specified; or

b. At least one year prior to the expiration of the first or any subsequent contract a board shall notify the superintendent or business administrator and the other board or boards in writing that the person will not be reappointed at the end of the current term, in which event the person's employment shall cease at the expiration of that term. The contract between the boards shall also be terminated. However, the termination shall not preclude any board from reemploying the superintendent or business administrator on an individual basis. If a contract between boards of education is terminated because the superintendent or business administrator is not reappointed at the end of the term of employment, and the boards involved in the previous sharing relationship determine to enter into a new contract, the boards shall not be required to prepare and submit a report or receive the approval of the Commissioner of Education if the new contract is for the same shared position for which the boards previously received approval.

##### **§ 18A:17-24.4** Grounds for dismissal of shared superintendent, school business administrator {#sec-18a-17-24.4 omnilex-key=us-nj-statutes--title-18a--18A:17-24.4}

7. During the term of any employment contract with the board, a shared superintendent or school business administrator shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming or other just cause and then only in the manner prescribed by N.J.S.18A:6-9 et seq.

##### **§ 18A:17-24.5** Position of shared superintendent, business administrator not tenurable {#sec-18a-17-24.5 omnilex-key=us-nj-statutes--title-18a--18A:17-24.5}

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.

##### **§ 18A:17-24.6** Determination of initial terms, conditions of employment contract {#sec-18a-17-24.6 omnilex-key=us-nj-statutes--title-18a--18A:17-24.6}

9. The initial terms and conditions of the employment contract between the boards and the superintendent or school business administrator shall be determined by the boards and the superintendent or business administrator. The terms shall be maintained for the life of the contract.

Boards may mutually agree to provide additional benefits or compensation during the life of the superintendent's or business administrator's contract, but if agreement is not possible, an individual board may do so unilaterally based upon the superintendent's or business administrator's performance and the needs of the district, and the responsibility for the cost of the additional benefits shall rest solely with that individual board.

##### **§ 18A:17-24.7** Individual evaluation of shared superintendent, school business administrator {#sec-18a-17-24.7 omnilex-key=us-nj-statutes--title-18a--18A:17-24.7}

10. Each district shall ensure that the shared superintendent or school business administrator is evaluated individually in that district, in accordance with statute and regulation.

##### **§ 18A:17-24.8** Mediation of contract disputes {#sec-18a-17-24.8 omnilex-key=us-nj-statutes--title-18a--18A:17-24.8}

11. The county superintendent or superintendents if the districts are in different counties shall serve as a mediator for any disputes arising over the interpretation of the contract between the boards of education sharing a superintendent or a school business administrator.

##### **§ 18A:17-24.9** Law supersedes "Interlocal Services Act". {#sec-18a-17-24.9 omnilex-key=us-nj-statutes--title-18a--18A:17-24.9}

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.

##### **§ 18A:17-25** Appointment; salary; removal {#sec-18a-17-25 omnilex-key=us-nj-statutes--title-18a--18A:17-25}

A business manager may be appointed in any type I school district, and subject to the provisions of article 1 of this chapter, may be removed from such office, by a recorded roll call majority vote of the full membership of the board of education and he shall receive such salary as the board shall determine.

##### **§ 18A:17-26** Bond of business manager {#sec-18a-17-26 omnilex-key=us-nj-statutes--title-18a--18A:17-26}

The business manager shall, before entering upon the duties of office, give bond to the board for the faithful discharge of his duties in such principal sum, not less than $2,000.00 and with such surety as the board shall direct, but the annual premium of such bond may be paid by the board as a current expense.

##### **§ 18A:17-27** Attendance upon meetings of the board {#sec-18a-17-27 omnilex-key=us-nj-statutes--title-18a--18A:17-27}

The business manager shall have a seat on the board and the right to speak on all matters relating to his department but he shall not have the right to vote.

##### **§ 18A:17-28** Duties of business manager {#sec-18a-17-28 omnilex-key=us-nj-statutes--title-18a--18A:17-28}

The business manager shall:

a. Have charge and care of the public school buildings and other property belonging to the district and the repair and maintenance thereof, and in the case of repairs not exceeding the sum of $1,000.00, he, when so authorized by the board, may order the same between meetings of the board, without previous order of the board and without advertisement;

b. Draw or supervise the drawing of all plans and specifications for the erection, improvement or repair of public schoolhouses, subject to the approval thereof by the board;

c. Superintend all advertisements for bids in the letting of all contracts for the board;

d. Supervise the construction and repair of all school buildings and inspect all work done and materials and supplies furnished under contract and, subject to the approval of the board, condemn any work done or reject any materials or supplies furnished which, in his judgment, do not conform to the specifications or the contract therefor;

e. Report monthly to the board as to the progress of any work of construction or repair;

f. Perform such other duties as may be required by law or as may be required by the board.

##### **§ 18A:17-29** Appointment of clerks {#sec-18a-17-29 omnilex-key=us-nj-statutes--title-18a--18A:17-29}

The business manager may appoint and remove clerks in his office to the number and at such salaries as shall be determined by the board of education.

##### **§ 18A:17-30** Business assistants; appointments, etc. {#sec-18a-17-30 omnilex-key=us-nj-statutes--title-18a--18A:17-30}

The board of education in every type II school district which has a board of school estimate may employ and dismiss a business assistant, fix his duties, compensation and term of employment.

##### **§ 18A:17-31** Treasurer of school moneys. {#sec-18a-17-31 omnilex-key=us-nj-statutes--title-18a--18A:17-31}

The board may appoint any suitable person except a member or employee of the board, with a term of office fixed by the board as the treasurer of school moneys. Any municipal officer acting or designated as treasurer of school moneys who ceases to be such officer shall thereupon cease to be such treasurer.

##### **§ 18A:17-32** Bond of treasurer {#sec-18a-17-32 omnilex-key=us-nj-statutes--title-18a--18A:17-32}

If the treasurer is an officer of the municipality constituting the district, and the bond given by him for the faithful performance of his duties as such municipal officer covers and secures the faithful performance of his duties as treasurer of school moneys, and it shall be so certified to the board by a certificate of such coverage by the bondsman thereon and the amount thereof is sufficient to cover both the original and the additional liability he shall not be required to give additional bond but otherwise or if he is not such an officer he shall give bond for the faithful performance of his duties as treasurer of school moneys in such amount, and with such surety, as the board shall direct. In each case the board in its determination of the amount shall be guided by a schedule of minimum limits to be promulgated by the State board.

##### **§ 18A:17-33** Compensation {#sec-18a-17-33 omnilex-key=us-nj-statutes--title-18a--18A:17-33}

The treasurer shall receive from the board of education such compensation as the board shall determine.

##### **§ 18A:17-34** Receipt and disposition of moneys. {#sec-18a-17-34 omnilex-key=us-nj-statutes--title-18a--18A:17-34}

In a district which appoints a treasurer of school moneys, the treasurer shall receive and hold in trust all school moneys belonging to the district from whatever source derived free of any control by the governing body of any municipality comprised in said district, except such moneys as are derived from athletic events or other activities of pupil organizations of the district, and he shall, when required by resolution of the board, deposit the same or such part thereof as may be designated in any bank or banking institution of this State designated by it as a depository of school moneys, which may include the State of New Jersey Cash Management Fund, created pursuant to section 1 of P.L.1977, c.281 (C.52:18A-90.4), and thereafter school moneys shall be deposited only in the depository or any of the depositories so named and the treasurer shall, upon depositing the same therein, be relieved from liability for any loss thereof which may be caused by reason of such deposit.

##### **§ 18A:17-35** Records of receipts and payments {#sec-18a-17-35 omnilex-key=us-nj-statutes--title-18a--18A:17-35}

The treasurer shall keep a record of the sums received and paid out by him in books provided for that purpose and kept in accordance with the uniform system of bookkeeping prescribed by the State board. Upon ceasing to hold said office he shall pay over the balance of school funds remaining in his hands to his successor in office.

##### **§ 18A:17-36** Accounting; monthly and annual reports {#sec-18a-17-36 omnilex-key=us-nj-statutes--title-18a--18A:17-36}

The treasurer shall render to the board monthly, and at such other times as shall be requested by the board, reports giving a detailed account of all receipts, the amounts of all warrants signed by him since the date of his last report and the accounts against which, and the purposes for which, the warrants were drawn and the balance to the credit of each account, and at the close of the school year and not later than August 1 of each year he shall render an annual report showing the amounts received and disbursed by him for school purposes during said year, a duplicate whereof shall be filed with the county superintendent, and shall also report to the county superintendent in the manner and form prescribed by the commissioner.

##### **§ 18A:17-41** Rules and regulations governing janitorial employees {#sec-18a-17-41 omnilex-key=us-nj-statutes--title-18a--18A:17-41}

The board of education of every district shall make such rules and regulations, not inconsistent with this title, as may be necessary for the employment, discharge, management and control of the public school janitor, janitor engineers, custodians or janitorial employees of the district.

##### **§ 18A:17-42** Preamble; purpose of article {#sec-18a-17-42 omnilex-key=us-nj-statutes--title-18a--18A:17-42}

The legislature finds that the safety and welfare of the public school students of this state while attending sessions of the public schools is a matter of prime concern to the citizens of this state; that, in several isolated instances throughout this state, unlawful intruders into the public schools have subjected public school students and their teachers to physical and verbal attacks during sessions of the public schools and on the property of said public schools; that such attacks might have been prevented, and similar attacks will be prevented, if public school law enforcement officers are stationed in said schools; and that state aid to local boards is necessary to help such boards bear the cost of employing and stationing public school law enforcement officers.

##### **§ 18A:17-43** Employment of law enforcement officers {#sec-18a-17-43 omnilex-key=us-nj-statutes--title-18a--18A:17-43}

(a) The commissioner may, in accordance with rules and regulations promulgated pursuant to this article and upon a finding of need therefor, authorize any board of education to employ, subject to the provisions of Title 11, Civil Service, of the Revised Statutes, one or more public school law enforcement officers, and to station such public school law enforcement officers in public schools of this state during hours when said public schools are normally in session or are occupied by public school students or their teachers.

(b) No such public school law enforcement officer shall be employed, except upon the application of a board of education and with the approval of the county superintendent.

##### **§ 18A:17-43.1** Training course required for service as safe schools resource officer, liaison to law enforcement. {#sec-18a-17-43.1 omnilex-key=us-nj-statutes--title-18a--18A:17-43.1}

3. a. Following the development of the training course pursuant to subsection a. of section 2 of P.L.2005, c.276 (C.52:17B-71.8) or 180 days following the effective date of this act, whichever occurs first, a board of education shall not assign a safe schools resource officer to a public school unless that individual first completes the safe schools resource officer training course.

b. Following the development of the training course pursuant to subsection a. of section 2 of P.L.2005, c.276 (C.52:17B-71.8) or 180 days following the effective date of this act, whichever occurs first, a board of education shall not assign an employee to serve as a school liaison to law enforcement unless that individual first completes the safe schools resource officer training course.

c. A person who is assigned to a public school as a safe schools resource officer prior to the effective date of P.L.2005, c.276 (C.52:17B-71.8 et al.) or assigned to serve as a school liaison to law enforcement prior to that date shall not be required to complete the safe schools resource officer training course developed by the Police Training Commission pursuant to subsection a. of section 2 of P.L.2005, c.276 (C.52:17B-71.8), but may in accordance with that section.

##### **§ 18A:17-43.2** New Jersey School Safety Specialist Academy, Certification programs. {#sec-18a-17-43.2 omnilex-key=us-nj-statutes--title-18a--18A:17-43.2}

1. a. There is established in the Department of Education the New Jersey School Safety Specialist Academy. It shall be the purpose of the academy to serve as a central repository for best practices, training standards, and compliance oversight in all matters regarding school safety and security, including prevention efforts, intervention efforts, and emergency preparedness planning. The academy shall: provide, free of charge, ongoing professional development on national and State best practices, as well as the most current resources on school safety and security; assume a lead role in setting the vision for school safety and security in the State; and provide a coordinated and interdisciplinary approach to providing technical assistance and guidance to schools throughout the State.

b. The academy shall develop and implement a School Safety Specialist Certification Program. A school safety specialist appointed pursuant to section 2 of this act shall be required to acquire the certification. The certification program shall provide training, free of charge, to newly-appointed school safety specialists in the areas of bullying, hazing, truancy, Internet safety, emergency planning, emergency drills, drugs, weapons, gangs and school policing, and any other areas deemed necessary by the academy. The academy shall also offer annual training sessions for certified school safety specialists. The academy shall develop training modules in both traditional and online formats.

##### **§ 18A:17-43.3** Designation of school safety specialist. {#sec-18a-17-43.3 omnilex-key=us-nj-statutes--title-18a--18A:17-43.3}

2. The superintendent in each school district shall designate a school administrator, or a school employee with expertise in school safety and security, as a school safety specialist for the district. The school safety specialist shall: be responsible for the supervision and oversight for all school safety and security personnel, policies, and procedures in the school district; ensure that these policies and procedures are in compliance with State law and regulations; and provide the necessary training and resources to school district staff in matters relating to school safety and security. The school safety specialist shall also serve as the school district liaison with local law enforcement and national, State, and community agencies and organizations in matters of school safety and security.

##### **§ 18A:17-43.4** Threat assessment team, establishment, policy; school district, charter school, renaissance school project. {#sec-18a-17-43.4 omnilex-key=us-nj-statutes--title-18a--18A:17-43.4}

1. a. The board of education of each school district and the board of trustees of each charter school or renaissance school project shall develop and adopt a policy for the establishment of a threat assessment team at each school. The purpose of a threat assessment team shall be to provide school teachers, administrators, and other staff with assistance in identifying students of concern, assessing those students' risk for engaging in violence or other harmful activities, and delivering intervention strategies to manage the risk of harm for students who pose a potential safety risk, to prevent targeted violence in the school, and ensure a safe and secure school environment that enhances the learning experience for all members of the school community.

b. A threat assessment team established by a board of education or a board of trustees under subsection a. of this section shall be multidisciplinary in membership and, to the extent possible, shall include the following individuals:

(1) a school psychologist, school counselor, school social worker, or other school employee with expertise in student counseling;

(2) a teaching staff member;

(3) a school principal or other senior school administrator;

(4) a safe schools resource officer or school employee who serves as a school liaison to law enforcement; and

(5) the school safety specialist designated pursuant to section 2 of P.L.2017, c.162 (C.18A:17-43.3), in the event that the school safety specialist is not already a school administrator or school employee required to be a part of the threat assessment team pursuant to this section.

Additional school employees may serve as regular members of the threat assessment team or may be consulted during the threat assessment process, as determined to be appropriate by the team.

c. Nothing contained in this section shall be construed as affecting the provisions of any collective bargaining agreement or individual contract of employment in effect on this act's effective date.

##### **§ 18A:17-43.5** Alignment of threat assessment team policy. {#sec-18a-17-43.5 omnilex-key=us-nj-statutes--title-18a--18A:17-43.5}

2. a. Any policy developed by a school district, charter school or renaissance school project concerning the establishment of a threat assessment team, required pursuant to section 1 of this act, shall be aligned with guidelines developed by the Department of Education pursuant to section 3 of this act and shall include, but need not be limited to:

(1) guidance for students, teachers, and all school staff regarding the recognition of threatening or aberrant behavior in a student that may represent a threat to the school community;

(2) the designation of members of the school community to whom threatening behavior shall be reported;

(3) the development and implementation of policies concerning the assessment and intervention of students whose behavior poses a threat to the safety of the school community, and appropriate actions to be taken, including available social, developmental, and law enforcement resources, for students whose behavior is identified as posing a threat to the safety of the school community;

(4) coordination and consultation with the school safety specialist designated pursuant to section 2 of P.L.2017, c.162 (C.18A:17-43.3); and

(5) a policy that the threat assessment team shall not disclose or disseminate any information obtained during their assessment beyond the purpose for which the information was provided to the threat assessment team, except that the threat assessment team is authorized to disclose the information to applicable agencies to pursue appropriate action pursuant to paragraph (3) of this subsection for any student whose behavior is identified as posing a threat to the safety of the school community.

b. When assessing a student whose behavior may pose a threat to the safety of the school community, in the case of a student with an Individualized Education Program (IEP) or 504 plan, the threat assessment team shall consult with the IEP team or 504 team to determine whether the aberrant behavior is a threat to school safety and is being properly addressed in a manner that is required by N.J.A.C.6A:14 and all federal and State special education laws.

c. Each member of the threat assessment team shall participate in training provided by the school safety specialist designated pursuant to section 2 of P.L.2017, c.162 (C.18A:17-43.3) that is consistent with the guidelines developed by the department pursuant to section 3 of this act to ensure that the threat assessment team is able to accurately assess student behavior and to ensure that threat assessment teams do not have a disparate impact on students based on their race, ethnicity, homelessness status, religious belief, gender, gender identity, sexual orientation, or socioeconomic status. The training shall, at a minimum, include training on adverse childhood experiences, childhood trauma, cultural competency, and implicit bias.

##### **§ 18A:17-43.6** Guidelines developed; training provided. {#sec-18a-17-43.6 omnilex-key=us-nj-statutes--title-18a--18A:17-43.6}

3. The Department of Education, in consultation with State law enforcement agencies and the New Jersey Office of Homeland Security and Preparedness, shall develop guidelines for school districts, charter schools, and renaissance school projects regarding the establishment and training of threat assessment teams pursuant to this act. The Department of Education shall provide training through the New Jersey School Safety Specialist Academy established pursuant to section 1 of P.L.2017, c.162 (C.18A:17-43.2). The school safety specialist designated pursuant to section 2 of P.L.2017, c.162 (C.18A:17-43.3) shall provide training to school staff consistent with the training and guidelines provided by the department.

##### **§ 18A:17-45** Rules and regulations to be established by commissioner {#sec-18a-17-45 omnilex-key=us-nj-statutes--title-18a--18A:17-45}

The commissioner shall issue and promulgate such rules and regulations as are necessary and appropriate to carry out the provisions of this article.

##### **§ 18A:17-46** Reporting of certain acts by school employee; report; public hearing. {#sec-18a-17-46 omnilex-key=us-nj-statutes--title-18a--18A:17-46}

1. Any school employee observing or having direct knowledge from a participant or victim of an act of violence shall, in accordance with standards established by the commissioner, file a report describing the incident to the school principal in a manner prescribed by the commissioner, and copy of same shall be forwarded to the district superintendent.

The principal shall notify the district superintendent of schools of the action taken regarding the incident. Two times each school year, between September 1 and January 1 and between January 1 and June 30, at a public hearing, the superintendent of schools shall report to the board of education all acts of violence, vandalism, and harassment, intimidation, or bullying which occurred during the previous reporting period. The report shall include the number of reports of harassment, intimidation, or bullying, the status of all investigations, the nature of the bullying based on one of the protected categories identified in section 2 of P.L.2002, c.83 (C.18A:37-14), the names of the investigators, the type and nature of any discipline imposed on any student engaged in harassment, intimidation, or bullying, and any other measures imposed, training conducted, or programs implemented, to reduce harassment, intimidation, or bullying. The information shall also be reported once during each reporting period to the Department of Education. The report must include data broken down by the enumerated categories as listed in section 2 of P.L.2002, c.83 (C.18A:37-14), and data broken down by each school in the district, in addition to district-wide data. It shall be a violation to improperly release any confidential information not authorized by federal or State law for public release.

The report shall be used to grade each school for the purpose of assessing its effort to implement policies and programs consistent with the provisions of P.L.2002, c.83 (C.18A:37-13 et seq.). The district shall receive a grade determined by averaging the grades of all the schools in the district. The commissioner shall promulgate guidelines for a program to grade schools for the purposes of this section.

The grade received by a school and the district shall be posted on the homepage of the school's website. The grade for the district and each school of the district shall be posted on the homepage of the district's website. A link to the report shall be available on the district's website. The information shall be posted on the websites within 10 days of the receipt of a grade by the school and district.

If a school district's policy permits a preliminary determination to be made on whether a reported incident or complaint is a report outside the scope of the definition of harassment, intimidation, or bullying pursuant to section 2 of P.L.2002, c.83 (C.18A:37-14), the superintendent shall also provide annually to the board of education information on the number of times a preliminary determination was made that an incident or complaint was outside the scope of that definition for the purposes of the State's monitoring of the school district.

Verification of the reports on violence, vandalism, and harassment, intimidation, or bullying shall be part of the State's monitoring of the school district, and the State Board of Education shall adopt regulations that impose a penalty on a school employee who knowingly falsifies the report. A board of education shall provide ongoing staff training, in cooperation with the Department of Education, in fulfilling the reporting requirements pursuant to this section. The majority representative of the school employees shall have access monthly to the number and disposition of all reported acts of school violence, vandalism, and harassment, intimidation, or bullying.

##### **§ 18A:17-47** Discharge of, or discrimination against, school employee who files report {#sec-18a-17-47 omnilex-key=us-nj-statutes--title-18a--18A:17-47}

It shall be unlawful for any board of education to discharge or in any manner discriminate against a school employee as to his employment because the employee had filed a report pursuant to section 1 of this act. Any employee discriminated against shall be restored to his employment and shall be compensated by the board of education for any loss of wages arising out of the discrimination; provided, however, if the employee shall cease to be qualified to perform the duties of his employment he shall not be entitled to restoration and compensation.

##### **§ 18A:17-48** Annual report to Legislature. {#sec-18a-17-48 omnilex-key=us-nj-statutes--title-18a--18A:17-48}

3. a. The Commissioner of Education shall each year submit a report to the Education Committees of the Senate and General Assembly detailing the extent of violence, vandalism, and harassment, intimidation, or bullying in the public schools and documenting steps taken to verify and validate school district reporting. The report shall be made available annually to the public no later than October 1, and shall be posted on the department's website.

b. The Commissioner of Education shall each year compile the information reported by each school district to the Department of Education pursuant to section 1 of P.L.1982, c.163 (C.18A:17-46) into a Statewide database. The database shall be posted on the department's Internet website. At a minimum, the database shall provide school level totals for each category of student disciplinary actions, including in-school suspensions, out-of-school suspensions, expulsions, use of physical restraint or seclusion techniques, referrals to law enforcement, and arrests, as well as demographic information of the students who received the disciplinary action.

##### **§ 18A:17-49** Definitions relative to public school facilities {#sec-18a-17-49 omnilex-key=us-nj-statutes--title-18a--18A:17-49}

1. As used in this act, "Buildings and grounds supervisor" means a person employed by a school district who performs administrative and supervisory duties relating to the structural, mechanical and physical maintenance and repair of public school facilities and who consults with contractors and school district officials to ensure proper compliance and administration of the various laws, regulations, technical practices, operations and management techniques with regard to the maintenance and repair of public school facilities or assists in planning, organizing and directing all undertakings relating to the structural, mechanical and physical maintenance and repair of public school facilities, or a combination thereof.

"Certified educational facilities manager" means a person who meets any one of the following criteria:

i. has served as a buildings and grounds supervisor in a school district continuously for the five years prior to September 1, 2002; or

ii. is a code enforcement official licensed by the Department of Community Affairs and is serving as a building and grounds supervisor on the effective date of P.L.1999, c.337 (C.18A:17-49 et seq.); or

iii. has a minimum of two years of experience in the field of buildings and grounds supervision and has graduated as a certified educational facilities manager from the New Jersey Educational Facility Management Program at Rutgers, The State University or has graduated from an equivalent program offered at either an accredited institution of higher education or an approved post-secondary institution located within or outside of the State.

##### **§ 18A:17-50** Conditions of employing building and grounds supervisor {#sec-18a-17-50 omnilex-key=us-nj-statutes--title-18a--18A:17-50}

2. Commencing September 1, 2002, no person shall be employed by a board of education of a school district as a buildings and grounds supervisor unless he is a certified educational facilities manager; except that when a vacancy occurs in a position in which the duties of a buildings and grounds supervisor are performed, a board may select, for a period not to exceed two years and commencing on the date of the vacancy, a person who is not a certified educational facilities manager to perform on an interim basis, the duties of a buildings and grounds supervisor.

##### **§ 18A:17-51** Applicant to provide certification documentation. {#sec-18a-17-51 omnilex-key=us-nj-statutes--title-18a--18A:17-51}

3. A board of education shall require any applicant for a permanent position as a buildings and grounds supervisor to provide documentation that he is a certified educational facilities manager who has received an authorization from the Department of Education pursuant to section 2 of P.L.2013, c.47 (C.18A:17-53).

##### **§ 18A:17-52** Rules, regulations {#sec-18a-17-52 omnilex-key=us-nj-statutes--title-18a--18A:17-52}

4. The State Board of Education shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the rules and regulations necessary to carry out the provisions of this act.

##### **§ 18A:17-53** Issuance of authorization to serve as educational facilities manager. {#sec-18a-17-53 omnilex-key=us-nj-statutes--title-18a--18A:17-53}

2. a. The Department of Education shall issue an authorization to serve as an educational facilities manager to an applicant who meets the criteria of a certified educational facilities manager as set forth in section 1 of P.L.1999, c.337 (C.18A:17-49). The department shall place the applicant on a master list of certified educational facilities managers to be maintained by the department. An authorization shall be valid for a period of three years from the date of issuance.

b. The department shall renew the authorization of a certified educational facilities manager upon receipt and verification of a renewal application submitted pursuant to section 3 of P.L.2013, c.47 (C.18A:17-54).

##### **§ 18A:17-54** Application for renewal of authorization. {#sec-18a-17-54 omnilex-key=us-nj-statutes--title-18a--18A:17-54}

3. a. A certified educational facilities manager shall apply to the Department of Education for renewal of the authorization issued pursuant to section 2 of P.L.2013, c.47 (C.18A:17-53). The renewal application shall include a certified statement, upon a form prescribed by the department, that the applicant completed at least 20 hours of training or continuing education in the prior three years in fields of study related to school facilities in the State and approved by the department.

b. In the case of an authorization issued by the department more than three years prior to the effective date of P.L.2013, c.47 (C.18A:17-53 et al.), the department shall establish a schedule for the submission of renewal applications for those authorizations.

## **Chapter 17A** {#struct-chapter-17a}

##### **§ 18A:17A-1** Districts in cities of first class over 325,000; unit control organizational structure; executive superintendent; appointment; term; compensation {#sec-18a-17a-1 omnilex-key=us-nj-statutes--title-18a--18A:17A-1}

Districts in cities of the first class with a population over 325,000 shall have a unit control organizational structure. The board of education shall appoint, for a first term not to exceed 3 years and for any subsequent term for said person not to exceed 5 years, an executive superintendent by the recorded roll call majority vote of the full membership of the board. The executive superintendent shall receive such salary as the board shall determine. The salary of the executive superintendent shall not be reduced during his term of office. Notwithstanding any other provision of the law, no executive superintendent shall acquire tenure.

##### **§ 18A:17A-2** Executive superintendent; qualifications {#sec-18a-17a-2 omnilex-key=us-nj-statutes--title-18a--18A:17A-2}

No person shall be appointed, or act as, or perform the duties of, executive superintendent, unless he holds an appropriate certificate as prescribed by the State board; provided, however, that in addition to State certification requirements the executive superintendent shall meet additional criteria as shall be determined by the board of education. Such additional criteria for the executive superintendent shall be determined and set forth and the public shall be given notice of such criteria prior to the start of the selection process.

##### **§ 18A:17A-3** Executive superintendent; duties and powers {#sec-18a-17a-3 omnilex-key=us-nj-statutes--title-18a--18A:17A-3}

The executive superintendent shall be the chief executive officer and administrator of the district. Pursuant to rules and regulations established by the board of education, the executive superintendent shall have responsibility and general supervision over the organization and the educational, managerial, and fiscal operations of the district, including the schools therein, under rules and regulations prescribed by the State board. He shall have supervisory authority over all officers and employees, professional and nonprofessional, of the district, all of whom shall report to him, and he shall prescribe their duties. He shall keep himself informed as to the condition and progress of the educational, managerial, and fiscal operations of the district and shall report thereon, from time to time, to, and as directed by, the board and he shall have such other powers and perform such other duties as may be prescribed by the board employing him.

He shall have a seat on the board of education employing him and the right to speak on all educational, managerial, and fiscal matters at meetings of the board but shall have no vote.

##### **§ 18A:17A-4** Abolishment of certain positions; performance of duties and powers by executive superintendent {#sec-18a-17a-4 omnilex-key=us-nj-statutes--title-18a--18A:17A-4}

The positions of superintendent of schools, assistant superintendents of schools, school business administrator, school business manager, secretary to the board of education and assistant secretary to the board of education in such cities are hereby abolished. The executive superintendent shall perform all the duties and possess all the powers heretofore and hereafter assigned to the superintendent of schools, secretary of the board of education, school business administrator, school business manager, and assistants and clerks thereto, in Title 18A of the New Jersey Statutes.

##### **§ 18A:17A-5** Officers and employees, professional and nonprofessional; employment, transfer and removal {#sec-18a-17a-5 omnilex-key=us-nj-statutes--title-18a--18A:17A-5}

All officers and employees, professional and nonprofessional, shall be employed, transferred and removed as provided below.

a. The executive superintendent may appoint, transfer, pursuant to the provisions of Title 11 of the Revised Statutes, and, pursuant to Article 1 of chapter 17 of Title 18A of the New Jersey Statutes, remove clerks in his immediate office, but the number and salaries of the clerks shall be determined by the board.

b. The executive superintendent, subject to the approval of the board, shall appoint and fix the compensation of such assistant executive superintendents as he shall deem necessary; provided, however, the number of assistant executive superintendents shall not exceed the number of persons serving immediately prior to the effective date of this act in the position of assistant superintendent of schools, school business administrator, school business manager, secretary to the board of education and assistant secretary to the board of education. An assistant executive superintendent shall not be appointed for a term exceeding the remainder of the term of the executive superintendent. Notwithstanding any other provision of law, no assistant executive superintendent shall acquire tenure.

c. The executive superintendent shall propose to the board of education all other officers and employees, professional and nonprofessional, for employment, transfer and removal.

##### **§ 18A:17A-6** Delegation of powers and duties {#sec-18a-17a-6 omnilex-key=us-nj-statutes--title-18a--18A:17A-6}

The executive superintendent may delegate to subordinate officers or employees in the district such of his powers and duties as he may deem desirable to be exercised under his supervision and direction.

##### **§ 18A:17A-7** Board of education; retention of powers and responsibilities {#sec-18a-17a-7 omnilex-key=us-nj-statutes--title-18a--18A:17A-7}

Except as otherwise provided in this act, the board of education in districts in cities of the first class with a population over 325,000 shall retain the power to perform all acts and do all things consistent with law and State board rules that are necessary for the proper conduct and maintenance of the public schools in its district and all other powers and responsibilities vested in it under Title 18A of the New Jersey Statutes, including but not limited to appointing, transferring or dismissing employees, fixing the terms and salaries of employees, adopting or altering a course of study, and selecting textbooks.

##### **§ 18A:17A-8** Tenured person in abolished position; continuance of employment; duties {#sec-18a-17a-8 omnilex-key=us-nj-statutes--title-18a--18A:17A-8}

Subject to the provisions of section 12 of this act, any person serving under tenure as an assistant superintendent, secretary to the board of education, assistant secretary to the board of education, school business administrator, school business manager in a city of the first class with a population of over 325,000 as of the effective date of this act shall continue to serve under tenure in the district during good behavior and efficiency and shall not be dismissed or reduced in compensation except for just cause; provided, however, that they shall perform only such administrative duties as are prescribed or delegated by the executive superintendent.

##### **§ 18A:17A-9** Auditor general; appointment; duties {#sec-18a-17a-9 omnilex-key=us-nj-statutes--title-18a--18A:17A-9}

In districts in cities of the first class with a population over 325,000 the commissioner shall appoint an auditor general, who, subject to the rules and regulations of the State board, shall:

a. Perform post or concurrent audits of such transactions and accounts kept by or for the district as he may deem necessary;

b. Perform management analysis of such transactions and activities of the district as he may deem necessary in order to improve the efficiency, productivity and performance of the district and to disclose and prevent inefficiency in the district;

c. Conduct financial, operational and compliance reviews to improve effective control over income, expenditures, funds, property and other assets;

d. Determine whether the financial transactions of the district have been consummated in accordance with laws, regulations or other legal requirements, and whether adequate internal financial control over operations is exercised;

e. Keep and maintain such records as may be necessary to enable him to accomplish the duties of the office as in this act provided;

f. Organize the office as he shall determine appropriate with the approval of the commissioner;

g. Subject to the approval of the commissioner, appoint, employ, and with the limits of funds appropriated therefor, fix the compensation of such assistants and employees as the commissioner shall determine to be required to perform the duties and functions of the office;

h. Report at least annually to the commissioner on the operations of the office;

i. Perform such other duties as shall be directed by the commissioner.

##### **§ 18A:17A-10** Auditor general; reports; quarters; costs of office {#sec-18a-17a-10 omnilex-key=us-nj-statutes--title-18a--18A:17A-10}

The auditor general shall report directly to the commissioner but he shall keep the board of education and the executive superintendent fully informed of his activities, findings and recommendations. A copy of any written report, finding, or recommendation submitted by the auditor general shall be provided by the auditor general simultaneously to the board of education and the executive superintendent and shall be available for public inspection. He shall have no administrative authority within the district. The board of education shall maintain suitable quarters within the administrative offices of the district for the auditor general and his staff. The costs associated with the operation and maintenance of the office of the auditor general, including his salary and those of his assistants and employees, shall be determined by the commissioner and shall be allocated from the district's State aid; provided, however, that said costs shall not exceed in any school year 15/100 of 1% of the district's annual school budget.

##### **§ 18A:17A-11** Comprehensive report by commissioner {#sec-18a-17a-11 omnilex-key=us-nj-statutes--title-18a--18A:17A-11}

The commissioner shall, 2 years after the effective date of this act, make a comprehensive report to the Governor and the Legislature assessing the effectiveness of this act.

## **Chapter 18A** {#struct-chapter-18a}

##### **§ 18A:18A-1** Short title; citation {#sec-18a-18a-1 omnilex-key=us-nj-statutes--title-18a--18A:18A-1}

This chapter shall be known and may be cited as the "Public School Contracts Law."

##### **§ 18A:18A-2** Definitions. {#sec-18a-18a-2 omnilex-key=us-nj-statutes--title-18a--18A:18A-2}

As used in this chapter, unless the context otherwise indicates:

a. "Board of education" means and includes the board of education of any local school district, consolidated school district, regional school district, county vocational school and any other board of education or other similar body other than the State Board of Education, the Commission on Higher Education or the Presidents' Council, established and operating under the provisions of Title 18A of the New Jersey Statutes and having authority to make purchases and to enter into contracts for the provision or performance of goods or services. The term "board of education" also shall include the board of trustees of a charter school established under P.L.1995, c.426 (C.18A:36A-1 et seq.).

b. "Purchasing agent" means the secretary, business administrator or the business manager of the board of education duly assigned the authority, responsibility and accountability for the purchasing activity of the board of education and having the power to prepare advertisements, to advertise for and receive bids and to award contracts as permitted by this chapter, but if there be no secretary, business administrator or business manager, such officer, committees or employees to whom such power has been delegated by the board of education.

c. (Deleted by amendment, P.L.1999, c.440.)

d. "District" means and includes any local school district, consolidated school district, regional school district, county vocational school and any other board of education or other similar body other than the State board, established under the provisions of Title 18A of the New Jersey Statutes.

e. (Deleted by amendment, P.L.1999, c.440.)

f. (Deleted by amendment, P.L.1999, c.440.)

g. "Extraordinary unspecifiable services" means services which are specialized and qualitative in nature requiring expertise, extensive training and proven reputation in the field of endeavor.

h. "Professional services" means services rendered or performed by a person authorized by law to practice a recognized profession and whose practice is regulated by law and the performance of which services requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction or apprenticeship and training. Professional services may also mean services rendered in the provision or performance of goods or services that are original and creative in character in a recognized field of artistic endeavor.

i. (Deleted by amendment, P.L.1999, c.440.)

j. "Purchases" means transactions, for a valuable consideration, creating or acquiring an interest in goods, services and property, except real property or any interest therein.

k. "Work" means any task, program, undertaking, or activity, related to any development, redevelopment, construction or reconstruction performed or provided pursuant to a contract with a board of education.

l. "Aggregate" means the sums expended or to be expended for the provision or performance of any goods or services in connection with the same immediate purpose or task, or the furnishing of similar goods or services, during the same contract year through a contract awarded by a purchasing agent.

m. "Bid threshold" means the dollar amount set in N.J.S.18A:18A-3, above which a board of education shall advertise for and receive sealed bids in accordance with procedures set forth in N.J.S.18A:18A-1 et seq.

n. "Contract" means any agreement, including but not limited to a purchase order or a formal agreement, which is a legally binding relationship enforceable by law, between a vendor who agrees to provide or perform goods or services and a board of education which agrees to compensate a vendor, as defined by and subject to the terms and conditions of the agreement. A contract also may include an arrangement whereby a vendor compensates a board of education for the vendor's right to perform a service, such as, but not limited to, operating a concession.

o. "Contract year" means the period of 12 consecutive months following the award of a contract.

p. "Competitive contracting" means the method described in sections 45 through 49 of P.L.1999, c.440 (C.18A:18A-4.1 through C.18A:18A-4.5) of contracting for specialized goods and services in which formal proposals are solicited from vendors; formal proposals are evaluated by the purchasing agent or counsel or school business administrator; and the board of education awards a contract to a vendor or vendors from among the formal proposals received.

q. "Goods and services" or "goods or services" means any work, labor, commodities, equipment, materials, or supplies of any tangible or intangible nature, except real property or any interest therein, provided or performed through a contract awarded by a purchasing agent, including goods and property subject to N.J.S.12A:2-101 et seq.

r. "Library and educational goods and services" means textbooks, copyrighted materials, student produced publications and services incidental thereto, including but not limited to books, periodicals, newspapers, documents, pamphlets, photographs, reproductions, microfilms, pictorial or graphic works, musical scores, maps, charts, globes, sound recordings, slides, films, filmstrips, video and magnetic tapes, other printed or published matter and audiovisual and other materials of a similar nature, necessary binding or rebinding of library materials, and specialized computer software used as a supplement or in lieu of textbooks or reference material.

s. "Lowest price" means the least possible amount that meets all requirements of the request of a purchasing agent.

t. "Lowest responsible bidder or vendor" means the bidder or vendor: (1) whose response to a request for bids offers the lowest price and is responsive; and (2) who is responsible.

u. "Official newspaper" means any newspaper designated by the board of education pursuant to R.S.35:1-1 et seq.

v. "Purchase order" means a document issued by the purchasing agent authorizing a purchase transaction with a vendor to provide or perform goods or services to the board of education, which, when fulfilled in accordance with the terms and conditions of a request of a purchasing agent and other provisions and procedures that may be established by the board of education, will result in payment by the board of education.

w. "Quotation" means the response to a formal or informal request made by a purchasing agent to a vendor for provision or performance of goods or services, when the aggregate cost is less than the bid threshold. Quotations may be in writing, or taken verbally if a record is kept by the purchasing agent.

x. "Responsible" means able to complete the contract in accordance with its requirements, including but not limited to requirements pertaining to experience, moral integrity, operating capacity, financial capacity, credit, and workforce, equipment, and facilities availability.

y. "Responsive" means conforming in all material respects to the terms and conditions, specifications, legal requirements, and other provisions of the request.

z. "Public works" means building, altering, repairing, improving or demolishing any public structure or facility constructed or acquired by a board of education to house school district functions or provide water, waste disposal, power, transportation and other public infrastructures.

aa. "Concession" means the granting of a license or right to act for or on behalf of the board of education, or to provide a service requiring the approval or endorsement of the board of education, and which may or may not involve a payment or exchange, or provision of services by or to the board of education, provided that the term concession shall not include vending machines.

bb. "Index rate" means the rate of annual percentage increase, rounded to the nearest half-percent, in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, computed and published quarterly by the United States Department of Commerce, Bureau of Economic Analysis.

cc. "Proprietary" means goods or services of a specialized nature, that may be made or marketed by a person or persons having the exclusive right to make or sell them, when the need for such goods or services has been certified in writing by the board of education to be necessary for the conduct of its affairs.

dd. "Service or services" means the performance of work, or the furnishing of labor, time, or effort, or any combination thereof, not involving or connected to the delivery or ownership of a specified end product or goods or a manufacturing process. Service or services may also include an arrangement in which a vendor compensates the board of education for the vendor's right to operate a concession.

##### **§ 18A:18A-3** Bid threshold. {#sec-18a-18a-3 omnilex-key=us-nj-statutes--title-18a--18A:18A-3}

a. (1) When the cost or price of a contract, in the aggregate, does not exceed in a contract year the total sum of $17,500, a board of education may authorize a purchasing agent to award the contract without public advertising for bids and bidding therefor. The board of education may adopt a resolution to set a lower threshold for the receipt of public bids or the solicitation of competitive quotations.

(2) Notwithstanding the provisions of any other law, rule, or regulation to the contrary, a contract having an anticipated value in excess of $17,500, but below the applicable public bidding threshold, is not required to be awarded by a board of education and may be awarded by a purchasing agent if the purchasing agent possesses a qualified purchasing agent certificate pursuant to subsection b. of section 9 of P.L.1971, c.198 (C.40A:11-9).

(3) If the purchasing agent possesses a qualified purchasing agent certificate pursuant to subsection b. of section 9 of P.L.1971, c.198 (C.40A:11-9), the board of education may establish that the bid threshold may be up to $25,000, or the amount determined by the Governor pursuant to subsection b. of this section.

(4) The authorization may be granted for each contract or by a general delegation of the power to negotiate and award the contracts pursuant to this section.

b. Commencing in the fifth year after the year in which P.L.1999, c.440 takes effect, and every five years thereafter, the Governor, in consultation with the Department of the Treasury, shall adjust the threshold amount and the higher threshold amount which the board of education is permitted to establish as set forth in subsection a. of this section or the threshold amount resulting from any adjustment under this subsection, in direct proportion to the rise of the index rate as that term is defined in N.J.S.18A:18A-2, and shall round the adjustment to the nearest $1,000. The Governor shall notify all local school districts of the adjustment no later than June 1 of every fifth year. The adjustment shall become effective on July 1 of the year in which it is made.

Any contract made pursuant to this section may be awarded for a period of up to 24 consecutive months, except that contracts for professional services pursuant to paragraph (1) of subsection a. of N.J.S.18A:18A-5 may be awarded for a period not exceeding 12 consecutive months.

##### **§ 18A:18A-3.1** Private driver education schools {#sec-18a-18a-3.1 omnilex-key=us-nj-statutes--title-18a--18A:18A-3.1}

Boards of education may enter into contracts with private driver education schools for the purpose of providing driver education courses to students on an individual or group basis, according to rules prescribed by the Commissioner of Education, when it is determined by the local board of education that the private driver education school can provide behind-the-wheel driver education that is substantially equivalent to that provided by the board of education, and at less cost than current or other proposed programs.

Each private driver education school shall hold a current license or certificate of approval issued by the Director of the Division of Motor Vehicles pursuant to P.L. 1951, c.216 (C. 39:12-1 et seq.), and be approved for the purposes of this act by the Commissioner of Education.

##### **§ 18A:18A-3.2** Group legal insurance. {#sec-18a-18a-3.2 omnilex-key=us-nj-statutes--title-18a--18A:18A-3.2}

1. Any school district, hereinafter referred to as an employer, may enter into contracts of group legal insurance with an insurer authorized, pursuant to P.L.1981, c. 160 (C. 17:46C-1 et seq.), to engage in the business of legal insurance in this State or may contract with a duly recognized prepaid legal services plan with respect to the benefits which they are authorized to provide. The contract or contracts shall provide coverage for the employees of the employer and may include their dependents. "Dependents" shall include an employee's spouse and the employee's unmarried children, including stepchildren and legally adopted children, and, at the option of the employer and the carrier, children placed by the Department of Children and Families with a resource family, under the age of 19 who live with the employee in a regular parent-child relationship, and may also include, at the option of the employer and the carrier, other unmarried children of the employee under the age of 23 who are dependent upon the employee for support and maintenance. A spouse or child enlisting or inducted into military service shall not be considered a dependent during the military service.

"Employees" shall not include persons employed on a short-term, seasonal, intermittent or emergency basis, persons compensated on a fee basis, or persons whose compensation from the public employer is limited to reimbursement of necessary expenses actually incurred in the discharge of their duties.

The contract shall include provisions to prevent duplication of benefits and shall condition the eligibility of an employee for coverage upon satisfying a waiting period stated in the contract.

The coverage of an employee, and of his dependents, if any, shall cease upon the discontinuance of his employment or upon cessation of active full-time employment in the classes eligible for coverage, subject to the provision as may be made in a contract by his employer for limited continuance of coverage during disability, part-time employment, leave of absence other than leave for military service or layoff, or for continuance of coverage after retirement.

A contract for group legal insurance entered into pursuant to this act shall not include any legal services attendant to a claim brought by a teaching staff member against a board of education or legal services for the defense of a teaching staff member facing disciplinary action pursuant to subarticle B of article 2 of chapter 6 of Title 18A of the New Jersey Statutes (N.J.S.18A:6-9 et seq.).

##### **§ 18A:18A-3.3** Payment of premiums {#sec-18a-18a-3.3 omnilex-key=us-nj-statutes--title-18a--18A:18A-3.3}

An employer entering into a contract is authorized to pay part or all of the premiums or charges for the contract and may appropriate any money necessary to pay the premiums or charges or portions thereof. The contribution required of an employee toward the cost of the coverage may be deducted from the pay, salary or other compensation of the employee upon an authorization in writing made to the appropriate disbursing officer.

The continuance of coverage after retirement of an employee may be provided at the rates and under the conditions as shall be prescribed in the contract, subject, however, to the requirements hereinafter set forth in this section. The contribution required of a retired employee toward the cost of the coverage may be paid by him to his former employer or in any other manner as the employer shall direct.

Retired employees may be required to pay for the entire cost of coverage for themselves and their dependents at rates which are determined based upon the reasonable expected use of retired persons.

##### **§ 18A:18A-3.4** Employment payment for retirees {#sec-18a-18a-3.4 omnilex-key=us-nj-statutes--title-18a--18A:18A-3.4}

In providing for the continuance of coverage after retirement of employees and their dependents as authorized by section 2 of this act and notwithstanding any of the provisions of section 2 to the contrary, the employer may assume the entire cost of the coverage and pay all the premiums for employees who have retired after 25 years or more of service with the employer, including the premiums for their dependents, if any, under uniform conditions as the school district shall prescribe.

##### **§ 18A:18A-4** Contract awarded by board of education resolution; disqualification conditions {#sec-18a-18a-4 omnilex-key=us-nj-statutes--title-18a--18A:18A-4}

a. Every contract for the provision or performance of any goods or services, the cost of which in the aggregate exceeds the bid threshold, shall be awarded only by resolution of the board of education to the lowest responsible bidder after public advertising for bids and bidding therefor, except as is provided otherwise in this chapter or specifically by any other law.

The board of education may, by resolution approved by a majority of the board of education and subject to subsections b. and c. of this section, disqualify a bidder who would otherwise be determined to be the lowest responsible bidder, if the board of education finds that:

(1) any board of education has had prior negative experience with the bidder within the past 10 years, as reported in a contractor evaluation submitted pursuant to N.J.S. 18A:18A-15; or

(2) in the case of a contract for a school facilities project as defined in section 3 of P.L.2000, c.72 (C.18A:7G-3), there has been at least one instance of prior negative experience with the bidder by any board of education, or by the New Jersey Economic Development Authority or the New Jersey Schools Development Authority, or any combination thereof, as reported in a contractor evaluation submitted pursuant to N.J.S.18A:18A-15, a school facilities project performance evaluation, or in a mandatory uniform performance evaluation conducted pursuant to section 62 of P.L.2000, c.72 (C.18A:7G-36), as appropriate.

b. As used in this section, "prior negative experience" means any of the following:

(1) the bidder has been found, through either court adjudication, arbitration, mediation, or other contractually stipulated alternate dispute resolution mechanism, to have: failed to provide or perform goods or services; or failed to complete the contract in a timely manner; or otherwise performed unsatisfactorily under a prior contract with a board of education or, in the case of a school facilities project, with the New Jersey Economic Development Authority or the New Jersey Schools Development Authority;

(2) the bidder defaulted on a contract, thereby requiring a board of education or, in the case of a school facilities project, the New Jersey Economic Development Authority or the New Jersey Schools Development Authority, to utilize the services of another contractor to provide the goods or perform the services or to correct or complete the contract;

(3) the bidder defaulted on a contract, thereby requiring a board of education or, in the case of a school facilities project, the New Jersey Economic Development Authority or the New Jersey Schools Development Authority, to look to the bidder's surety for completion of the contract or tender of the costs of completion;

(4) the bidder is debarred or suspended from contracting with any of the agencies or departments of the executive branch of the State of New Jersey at the time of the contract award, whether or not the action was based on experience with a board of education or, in the case of a school facilities project, with the New Jersey Economic Development Authority or the New Jersey Schools Development Authority;

(5) the bidder's prequalification to bid on a school facilities project, which prequalification was granted pursuant to the process established by the development authority under section 59 of P.L.2000, c.72 (C.18A:7G-33), has been revoked by the New Jersey Schools Development Authority;

(6) the bidder has been suspended from contracting or engaging in work or services on a school facilities project; or

(7) the bidder's prequalification to submit bids on a school facilities project has been revoked pursuant to subsection b. of section 61 of P.L.2000, c.72 (C.18A:7G-35) or subsection b. of section 62 of P.L.2000, c.72 (C.18A:7G-36).

c. The following conditions apply if the board of education is contemplating a disqualification based on prior negative experience:

(1) The existence of any of the indicators of prior negative experience set forth in this section shall not require that a bidder be disqualified. In each instance, the decision to disqualify shall be made within the discretion of the board of education and shall be rendered in the best interests of the board of education.

(2) All mitigating factors shall be considered in determining the seriousness of the prior negative experience and in deciding whether disqualification is warranted.

(3) The bidder shall be furnished by the board of education with a written notice (a) stating that a disqualification is being considered; (b) setting forth the reason for the disqualification; and (c) indicating that the bidder shall be accorded an opportunity for a hearing before the board of education if the bidder so requests within a stated period of time. At the hearing, the bidder shall show good cause why the bidder should not be disqualified by presenting documents and testimony. If the board of education determines that good cause has not been shown by the bidder, it may vote to find the bidder lacking in responsibility and, thus, disqualified.

(4) Disqualification shall be for a reasonable, defined period of time which shall not exceed five years.

(5) A disqualification, other than a disqualification pursuant to which a board of education is prohibited by law from entering into a contract with a bidder, may be voided or the period thereof may be reduced, in the discretion of the board of education, upon the submission of a good faith application under oath, supported by documentary evidence, setting forth substantial and appropriate grounds for the granting of relief, such as reversal of a judgment, or actual change of ownership, management or control of the bidder.

(6) An opportunity for a hearing need not be offered to a bidder whose disqualification is based on its suspension or debarment by an agency or department of the executive branch of the State of New Jersey. The term of such a disqualification shall be concurrent with the term of the suspension or debarment by the State agency or department.

d. The purchase of text books and materials that exceed the bid threshold and are approved by a board of education pursuant to N.J.S.18A:34-1 shall not require the further adoption of a resolution for purchase.

##### **§ 18A:18A-4.1** Use of competitive contracting by boards of education; purposes. {#sec-18a-18a-4.1 omnilex-key=us-nj-statutes--title-18a--18A:18A-4.1}

45. Notwithstanding the provisions of any law, rule or regulation to the contrary, competitive contracting may be used by boards of education in lieu of public bidding for procurement of specialized goods and services the price of which exceeds the bid threshold, for the following purposes:

a. The purchase or licensing of proprietary computer software designed for board of education purposes, which may include hardware intended for use with the proprietary software. This subsection shall not be utilized for the purpose of acquiring general purpose computer hardware or software;

b. The hiring of a for-profit entity or a not-for-profit entity incorporated under Title 15A of the New Jersey Statutes for the purpose of:

(1) the operation, management or administration of recreation or social service facilities or programs; or

(2) the operation, management or administration of data processing services;

c. Services performed by an organization engaged in providing energy conservation education and training services to train employees of a board of education to reduce consumption of energy;

d. Telecommunications transmission or switching services that are not part of a tariff or schedule of charges filed with the Board of Public Utilities;

e. The purchase of specialized machinery or equipment of a technical nature, or servicing thereof, which will not reasonably permit the drawing of specifications;

f. Food services provided by food service management companies when not part of programs administered by the New Jersey Department of Agriculture, Bureau of Child Nutrition Programs;

g. Driver education courses provided by licensed driver education schools;

h. At the option of the board of education, any good or service that is exempt from bidding pursuant to N.J.S.18A:18A-5;

i. Laboratory testing services;

j. Concessions;

k. The operation, management or administration of other services, with the approval of the Division of Local Government Services in the Department of Community Affairs.

Any purpose included herein shall not be considered by a board of education as an extraordinary unspecifiable service pursuant to paragraph (2) of subsection a. of N.J.S.18A:18A-5.

##### **§ 18A:18A-4.2** Five-year contract term limit; exceptions. {#sec-18a-18a-4.2 omnilex-key=us-nj-statutes--title-18a--18A:18A-4.2}

46. Unless an exception is provided for under N.J.S.18A:18A-42 permitting a longer contract duration, contracts awarded pursuant to section 49 of P.L.1999, c.440 (C.18A:18A-4.5) may be for a term not to exceed five years.

##### **§ 18A:18A-4.3** Competitive contracting initiated by board of education resolution; process administration. {#sec-18a-18a-4.3 omnilex-key=us-nj-statutes--title-18a--18A:18A-4.3}

47. a. In order to initiate competitive contracting, the board of education shall pass a resolution authorizing the use of competitive contracting each time specialized goods or services enumerated in section 45 of P.L.1999, c.440 (C.18A:18A-4.1) are desired to be contracted. If the desired goods or services have previously been contracted for using the competitive contracting process then the original resolution of the board of education shall suffice.

b. The competitive contracting process shall be administered by a purchasing agent qualified pursuant to subsection b. of section 9 of P.L.1971, c.198 (C.40A:11-9) or by legal counsel of the board of education, or by the school business administrator of the board of education. Any contracts awarded under this process shall be made by resolution of the board of education subject to the provisions of subsection e. of section 49 of P.L.1999, c.440 (C.18A:18A-4.5).

##### **§ 18A:18A-4.4** Request for proposals; documentation; provisions. {#sec-18a-18a-4.4 omnilex-key=us-nj-statutes--title-18a--18A:18A-4.4}

48. The competitive contracting process shall utilize a request for proposals documentation in accordance with the following provisions:

a. The purchasing agent or counsel or school business administrator shall prepare or have prepared a request for proposal documentation, which shall include: all requirements deemed appropriate and necessary to allow for full and free competition between vendors; information necessary for potential vendors to submit a proposal; and a methodology by which the board of education will evaluate and rank proposals received from vendors.

b. The methodology for the awarding of competitive contracts shall be based on an evaluation and ranking, which shall include technical, management, and cost related criteria, and may include a weighting of criteria, all developed in a way that is intended to meet the specific needs of the contracting unit, and where such criteria shall not unfairly or illegally discriminate against or exclude otherwise capable vendors. When an evaluation methodology uses a weighting of criteria, at the option of the board of education the weighting to be accorded to each criterion may be disclosed to vendors prior to receipt of the proposals. The methodology for awarding competitive contracts shall comply with such rules and regulations as the Director of the Division of Local Government Services in the Department of Community Affairs, after consultation with the Commissioner of Education may adopt pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

c. At no time during the proposal solicitation process shall the purchasing agent or counsel or school business administrator convey information, including price, to any potential vendor which could confer an unfair advantage upon that vendor over any other potential vendor. If a purchasing agent or counsel or school business administrator desires to change proposal documentation, the purchasing agent or counsel or school business administrator shall notify only those potential vendors who received the proposal documentation of any and all changes in writing and all existing documentation shall be changed appropriately.

d. All proposals and contracts shall be subject to the provisions of section 1 of P.L.1977, c.33 (C.52:25-24.2) requiring submission of a statement of corporate ownership and the provisions of P.L.1975, c.127 (C.10:5-31 et seq.) concerning equal employment opportunity and affirmative action.

##### **§ 18A:18A-4.5** Competitive contracting proposal solicitation. {#sec-18a-18a-4.5 omnilex-key=us-nj-statutes--title-18a--18A:18A-4.5}

49. Competitive contracting proposals shall be solicited in the following manner:

a. A notice of the availability of request for proposal documentation shall be published in an official newspaper of the board of education at least 20 days prior to the date established for the submission of proposals. The board of education shall promptly reply to any request by an interested vendor by providing a copy of the request for proposals. The board of education may charge a fee for the proposal documentation that shall not exceed $50.00 or the cost of reproducing the documentation, whichever is greater.

b. Each interested vendor shall submit a proposal which shall include all the information required by the request for proposals. Failure to meet the requirements of the request for proposals may result in the board of education disqualifying the vendor from further consideration. Under no circumstances shall the provisions of a proposal be subject to negotiation by the board of education.

c. If the board of education, at the time of solicitation, utilizes its own employees to provide the goods or perform the services, or both considered for competitive contracting, the board of education shall, at any time prior to, but no later than the time of solicitation for competitive contracting proposals, notify affected employees of the board of educations's intention to solicit competitive contracting proposals. Employees or their representatives shall be permitted to submit recommendations and proposals affecting wages, hours, and terms and conditions of employment in such a manner as to meet the goals of the competitive contract. If employees are represented by an organization that has negotiated a contract with the board of education, only the bargaining unit shall be authorized to submit such recommendations or proposals. When requested by such employees, the board of education shall provide such information regarding budgets and the costs of performing the services by such employees as may be available. Nothing shall prevent such employees from making recommendations that may include modifications to existing labor agreements in order to reduce such costs in lieu of award of a competitive contract, and agreements implementing such recommendations may be considered as cause for rejecting all other proposals.

d. The purchasing agent or counsel or school business administrator shall evaluate all proposals only in accordance with the methodology described in the request for proposals. After proposals have been evaluated, the purchasing agent or counsel or school business administrator shall prepare a report evaluating and recommending the award of a contract or contracts. The report shall list the names of all potential vendors who submitted a proposal and shall summarize the proposals of each vendor. The report shall rank vendors in order of evaluation, shall recommend the selection of a vendor or vendors, as appropriate, for a contract, shall be clear in the reasons why the vendor or vendors have been selected among others considered, and shall detail the terms, conditions, scope of services, fees, and other matters to be incorporated into a contract. The report shall be made available to the public at least 48 hours prior to the awarding of the contract, or when made available to the board of education, whichever is sooner. The board of education shall have the right to reject all proposals for any of the reasons set forth in N.J.S.18A:18A-22.

e. Award of a contract shall be made by resolution of the board of education within 60 days of the receipt of the proposals, except that the proposals of any vendors who consent thereto, may, at the request of the board of education, be held for consideration for such longer period as may be agreed.

f. The report prepared pursuant to subsection d. of this section shall become part of the public record and shall reflect the final action of the board of education. Contracts shall be executed pursuant to N.J.S.18A:18A-40.

g. The secretary of the board of education shall publish a notice in the official newspaper of the board of education summarizing the award of a contract, which shall include but not be limited to, the nature, duration, and amount of the contract, the name of the vendor and a statement that the resolution and contract are on file and available for public inspection in the office of the secretary of the board of education.

h. The Director of the Division of Local Government Services in the Department of Community Affairs, after consultation with the Commissioner of Education, may adopt additional rules and regulations, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to effectuate the provisions of sections 45 through 49 of P.L.1999, c.440 (C.18A:18A-4.1 through C.18A:18A-4.5).

##### **§ 18A:18A-4.6** Implementation of energy savings improvements program by board of education; definitions. {#sec-18a-18a-4.6 omnilex-key=us-nj-statutes--title-18a--18A:18A-4.6}

1. a. (1) A board of education, as defined in N.J.S.18A:18A-2, may implement an energy savings improvement program in the manner provided by this section whenever it determines that the savings generated from reduced energy use from the program will be sufficient to cover the cost of the program's energy conservation measures as set forth in an energy savings plan. Under such a program, a board of education may enter into an energy savings services contract with an energy services company to implement the program or the board may authorize separate contracts to implement the program. The provisions of N.J.S.18A:18A-1 et seq. shall apply to any contracts awarded pursuant to this section to the extent that the provisions of such law are not inconsistent with any provision of this section.

(2) A board of education facility alteration required to properly implement other energy efficiency or energy conservation measures, or both, may be included as part of an energy savings services contract, in which case, notwithstanding any other provision of law, rule, regulation, or order to the contrary, the facility alteration may be undertaken or supervised by the energy services company performing the energy savings services contract if:

(a) the total cost of the improvement does not exceed 15 percent of the total cost of the work to be performed under the energy savings services contract; and

(b) (i) the improvement is necessary to conform to a law, rule, or regulation, or order, or (ii) an analysis within an approved proposal, or the board of education, at the time of the award of the proposal, demonstrates that there is an economic advantage to the board of education implementing the improvement as part of the energy savings services contract, and the savings rationale for the improvement is documented and supported by reasonable justification.

b. (1) To be eligible to enter into an energy savings services contract, an energy services company shall be a commercial entity that is qualified to provide energy savings services in accordance with the provisions of this section. A board of education may determine to enter into an energy savings services contract either through public advertising for bids and the receipt of bids therefor or through competitive contracting in lieu of public bidding in the manner provided by sections 45 through 49 of P.L.1999, c.440 (C.18A:18A-4.1 et seq.).

(2) (a) Public works activities performed under an energy savings improvement program shall be subject to all requirements regarding public bidding, bid security, performance guarantees, insurance and other public contracting requirements that are applicable to public works contracts, to the extent not inconsistent with this section. A general contractor, energy services company serving as general contractor, or any subcontractor hired for the furnishing of plumbing and gas fitting and all kindred work, and of steam and hot water heating and ventilating apparatus, steam power plants and kindred work, and electrical work, structural steel and ornamental iron work, shall be classified by the Division of Property Management and Construction in the Department of the Treasury in order to perform public works activities under an energy savings improvement program.

(b) Individuals or organizations performing energy audits, acting as commissioning agents, or conducting verification of energy savings plans, implementation of energy conservation measures, or verifying guarantees shall be prequalified by the Division of Property Management and Construction in the Department of the Treasury to perform their work under an energy savings improvement program.

(3) (a) An energy services company may be designated as the general contractor for improvements to be made pursuant to an energy savings plan, provided that the hiring of subcontractors that are required to be classified pursuant to subparagraph (a) of paragraph (2) of this subsection shall be performed in accordance with the procedures and requirements set forth pursuant to the public bidding requirements of the board of education. A contract with an energy savings company shall include, but not be limited to: preparation of an energy savings plan; the responsibilities of the parties for project schedules, installations, performance and quality, payment of subcontractors, project completion, commissioning, savings implementation; a requirement that the savings to be achieved by energy conservation measures be verified upon commissioning of the improvements; allocation of State and federal rebates and tax credits; and any other provisions deemed necessary by the parties.

(b) All workers performing public works activities for subcontractors awarded contracts by an energy services company pursuant to this section shall be paid prevailing wages in accordance with the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.). All subcontractors shall comply with the provisions of "The Public Works Contractor Registration Act," P.L.1999, c.238 (C.34:11-56.48 et seq.). Only firms appropriately classified as contractors by the Division of Property Management and Construction shall be eligible to be awarded a contract as a subcontractor of an energy services company under this section for performing public works activities pursuant to regulations adopted by the Division of Property Management and Construction.

(c) In order to expedite communications with an energy services company and facilitate the implementation of an energy savings improvement program, a board of education may designate or appoint an employee of the board of education with decision-making authority to coordinate with the energy services company and to address issues associated with the implementation of an energy savings improvement program as they arise, provided that any decision requiring a change order shall be made only upon the approval of the board of education.

(4) Except as provided in paragraph (5) of this subsection, a subsidiary or wholly-owned or partially-owned affiliate of the energy services company shall not be an eligible contractor or subcontractor under an energy savings services contract.

(5) When the energy services company is the manufacturer of direct digital control systems and contracts with the board of education to provide a guaranteed energy savings option pursuant to subsection f. of this section, the specification of such direct digital control systems may be treated as proprietary goods and if so treated, the bid specification shall set forth an allowance price for its supply by the energy services company which shall be used by all bidders in the public bidding process. Direct digital controls shall be open protocol format and shall meet the interoperability guidelines established by the American Society of Heating, Refrigerating and Air-Conditioning Engineers. Each contract to be entered into pursuant to this section between a board of education and an energy services company that is the manufacturer of direct digital control systems where such direct digital control systems are treated as proprietary goods as part of the contract, shall first be reviewed and approved by the Board of Public Utilities for the purpose of affirming the reasonableness of such allowance price. If the board does not disapprove of the contract within 14 days of receipt thereof, the contract shall be deemed approved.

c. An energy savings improvement program may be financed through a lease-purchase agreement or through the issuance of energy savings obligations pursuant to this subsection.

(1) An energy savings improvement program may be financed through a lease-purchase agreement between a board of education and an energy services company or other public or private entity. Under a lease-purchase agreement, ownership of the energy savings equipment or improved facilities shall pass to the board of education when all lease payments have been made. Notwithstanding the provisions of section 46 of P.L.1999, c.440 (C.18A:18A-4.2) or any other law to the contrary, the duration of such a lease-purchase agreement shall not exceed 15 years, except that the duration of a lease purchase agreement for a combined heat and power or cogeneration project shall not exceed 20 years. For the purposes of this paragraph, the duration of the repayment term of a lease-purchase agreement shall commence on the date upon which construction and installation of the energy savings equipment, "combined heat and power facility" or "cogeneration facility," as those terms are defined pursuant to section 3 of P.L.1999, c.23 (C.48:3-51), or other energy conservation measures undertaken pursuant to the energy savings plan, have been completed.

(2) Any lease-purchase agreement entered into pursuant to this subsection may contain: a clause making it subject to the availability and appropriation annually of sufficient funds as may be required to meet the extended obligation; and a non-substitution clause maintaining that if the agreement is terminated for non-appropriation, the board of education may not replace the leased equipment or facilities with equipment or facilities that perform the same or similar functions.

(3) A board of education may arrange for incurring energy savings obligations to finance an energy savings improvement program. Energy savings obligations may be funded through appropriations for utility services in the annual budget of the board and may be issued as refunding bonds pursuant to P.L.1969, c.130 (C.18A:24-61.1 et seq.), including the issuance of bond anticipation notes as may be necessary, provided that all such bonds and notes mature within the periods authorized for such energy savings obligations. Energy savings obligations may be issued either through the board of education or another public agency authorized to undertake financing on behalf of the board.

(4) Lease-purchase agreements and energy savings obligations shall not be used to finance maintenance, guarantees, or verification of guarantees of energy conservation measures. Lease-purchase agreements and energy savings obligations may be used to finance the cost of an energy audit or the cost of verification of energy savings as part of adopting an energy savings plan. Notwithstanding any law to the contrary, lease-purchase agreements and energy savings certificates shall not be excepted from any budget or tax levy limitation otherwise provided by law. Maturity schedules of lease-purchase agreements or energy savings obligations shall not exceed the estimated average useful life of the energy conservation measures.

d. (1) The energy audit component of an energy savings improvement program shall be conducted either by the board of education or by a qualified third party retained by the board for that purpose. It shall not be conducted by an energy services company subsequently hired to develop an energy savings improvement program. The energy audit shall identify the current energy use of any or all facilities and energy conservation measures that can be implemented in which the energy savings and energy efficiency could be realized and maximized.

(2) To implement an energy savings improvement program, a board of education shall develop an energy savings plan that consists of one or more energy conservation measures. The plan shall:

(a) contain the results of an energy audit;

(b) describe the energy conservation measures that will comprise the program;

(c) estimate greenhouse gas reductions resulting from those energy savings;

(d) identify all design and compliance issues that require the professional services of an architect or engineer and identify who will provide these services;

(e) include an assessment of risks involved in the successful implementation of the plan;

(f) identify the eligibility for, and costs and revenues associated with the PJM Independent System Operator for demand response and curtailable service activities;

(g) include schedules showing calculations of all costs of implementing the proposed energy conservation measures and the projected energy savings;

(h) identify maintenance requirements necessary to ensure continued energy savings, and describe how they will be fulfilled; and

(i) if developed by an energy services company, a description of, and cost estimates of an energy savings guarantee.

All professionals providing engineering services under the plan shall have errors and omissions insurance.

(3) Prior to the adoption of the plan by the governing body, the board of education shall contract with a qualified third party to verify the projected energy savings to be realized from the proposed program have been calculated as required by subsection e. of this section.

(4) Upon adoption, the plan shall be submitted to the Board of Public Utilities, which shall post it on the Internet on a public webpage maintained for such purpose. If the board of education maintains its own website, it shall also post the plan on that site. The Board of Public Utilities may require periodic reporting concerning the implementation of the plan.

(5) Verification by a qualified third party shall be required when energy conservation measures are placed in service or commissioned, to ensure the savings projected in the energy savings plan shall be achieved.

(6) Energy-related capital improvements that do not reduce energy usage may be included in an energy savings improvement program but the cost of such improvements shall not be financed as a lease-purchase or through energy savings obligations authorized by subsection c. of this section. Nothing herein is intended to prevent financing of such capital improvements through otherwise authorized means.

(7) A qualified third party when required by this subsection may include an employee of the board of education who is properly trained and qualified to perform such work.

e. (1) (a) The calculation of energy savings for the purposes of determining that the energy savings resulting from the program will be sufficient to cover the cost of the program's energy conservation measures, as provided in subsection a. of this section, shall involve determination of the dollar amount saved through implementation of an energy savings improvement program using the guidelines of the International Performance Measurement and Verification Protocol or other protocols approved by the Board of Public Utilities and standards adopted by the Board of Public Utilities pursuant to this section. The calculation shall include all applicable State and federal rebates and tax credits, but shall not include the cost of an energy audit and the cost of verifying energy savings. The calculation shall state which party has made application for rebates and credits and how these applications translate into energy savings.

(b) During the procurement phase of an energy savings improvement program, an energy services company's proposal submitted in response to a request for proposal shall not include a savings calculation that assumes, includes, or references capital cost avoidance savings, the current or projected value of a "solar renewable energy certificate," as defined pursuant to section 3 of P.L.1999, c.23 (C.48:3-51), or other environmental or similar attributes or benefits of whatever nature that derive from the generation of renewable energy, and any costs or discounts associated with maintenance services, an energy savings guarantee, or third party verification of energy conservation measures and energy savings. The calculation of energy savings shall utilize and specifically reference as a benchmark the actual demand and energy components of the public utility tariff rate applicable to the board of education then in effect, and not a blended rate that aggregates, combines, or restates in any manner the distinct demand and energy components of the public utility tariff rate into a single combined or restated tariff rate. If an energy services company submits a proposal to a board of education that does not calculate projected energy savings in the manner required by this subsection, such proposal shall be rejected by the board of education.

(2) For the purposes of this section, the Board of Public Utilities shall adopt standards and uniform values for interest rates and escalation of labor, electricity, oil, and gas, as well as standards for presenting these costs in a life cycle and net present value format, standards for the presentation of obligations for carbon reductions, and other standards that the board may determine necessary.

f. (1) When an energy services company is awarded an energy savings services contract, it shall offer the board of education the option to purchase, for an additional amount, an energy savings guarantee. The guarantee, if accepted by a separate vote of the board of education, shall insure that the energy savings resulting from the energy savings improvement program, determined periodically over the duration of the guarantee, will be sufficient to defray all payments required to be made pursuant to the lease-purchase agreement or energy savings obligation, and if the savings are not sufficient, the energy services company will reimburse the board for any additional amounts. Annual costs of a guarantee shall not be financed or included as costs in an energy savings plan but shall be fully disclosed in an energy savings plan.

(2) When a guaranteed energy savings option is purchased, the contract shall require a qualified third party to verify the energy savings at intervals established by the parties.

(3) When an energy services company is awarded an energy savings services contract to provide or perform goods or services for the purpose of enabling a board of education to conserve energy through energy efficiency equipment, including a "combined heat and power facility" as that term is defined pursuant to section 3 of P.L.1999, c.23 (C.48:3-51), on a self-funded basis, such contract shall extend for a term of up to 15 years for energy efficiency projects, and for up to 20 years for a combined heat and power facility after construction completion. If a board of education shall elect to contract with an energy services company for an energy savings guarantee in connection with a contract awarded pursuant to this section, such guarantee may extend for a term of up to 15 years for energy efficiency projects, or up to 20 years for a combined heat and power facility after construction completion.

g. As used in this section:

"direct digital control systems" means the devices and computerized control equipment that contain software and computer interfaces that perform the logic that control a building's heating, ventilating, and air conditioning system. Direct digital controls shall be open protocol format and shall meet the interoperability guidelines established by the American Society of Heating, Refrigerating and Air-Conditioning Engineers;

"energy conservation measure" means an improvement that results in reduced energy use, including, but not limited to, installation of energy efficient equipment; demand response equipment; combined heat and power systems; facilities for the production of renewable energy; water conservation measures, fixtures or facilities; building envelope improvements that are part of an energy savings improvement program; and related control systems for each of the foregoing;

"energy related capital improvement" means a capital improvement that uses energy but does not result in a reduction of energy use;

"energy saving obligation" means a bond, note or other agreement evidencing the obligation to repay borrowed funds incurred in order to finance energy saving improvements;

"energy savings" means a measured reduction in fuel, energy, operating or maintenance costs resulting from the implementation of one or more energy conservation measures services when compared with an established baseline of previous fuel, energy, operating or maintenance costs, including, but not limited to, future capital replacement expenditures avoided as a result of equipment installed or services performed as part of an energy savings plan;

"energy savings improvement program" means an initiative of a board of education to implement energy conservation measures in existing facilities, provided that the value of the energy savings resulting from the program will be sufficient to cover the cost of the program's energy conservation measures;

"energy savings plan" means the document that describes the actions to be taken to implement the energy savings improvement program;

"energy savings services contract" means a contract with an energy savings company to develop an energy savings plan, prepare bid specifications, manage the performance, provision, construction, and installation of energy conservation measures by subcontractors, to offer a guarantee of energy savings derived from the implementation of an energy savings plan, and may include a provision to manage the bidding process;

"energy services company" means a commercial entity that is qualified to develop and implement an energy savings plan in accordance with the provisions of this section;

"public works activities" means any work subject to the provisions of P.L.1963, c.150 (C.34:11-56.25 et seq.); and

"water conservation measure" means an alteration to a facility or equipment that reduces water consumption, maximizes the efficiency of water use, or reduces water loss.

h. (1) The Director of the Division of Local Government Services in the Department of Community Affairs, the State Treasurer, and the Board of Public Utilities may take such action as is deemed necessary and consistent with the intent of this section to implement its provisions.

(2) The Director of the Division of Local Government Services in the Department of Community Affairs, the State Treasurer and the Board of Public Utilities may adopt implementation guidelines or directives, and adopt such administrative rules, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary for the implementation of those agencies' respective responsibilities under this section, except that notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Director of the Division of Local Government Services in the Department of Community Affairs, the State Treasurer, and the Board of Public Utilities may adopt, immediately upon filing with the Office of Administrative Law, such rules and regulations as deemed necessary to implement the provisions of this act which shall be effective for a period not to exceed 12 months and shall thereafter be amended, adopted or re-adopted in accordance with the provisions of P.L.1968, c.410 (C.52:14B-1 et seq.).

##### **§ 18A:18A-5** Exceptions to requirement for advertising. {#sec-18a-18a-5 omnilex-key=us-nj-statutes--title-18a--18A:18A-5}

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 advertising for bids and bidding therefor if

a. The subject matter thereof consists of:

(1) Professional services. The board of education shall in each instance state supporting reasons for its action in the resolution awarding each contract and shall forthwith cause to be printed once, in an official newspaper, a brief notice stating the nature, duration, service, and amount of the contract and that the resolution and contract are on file and available for public inspection in the office of the board of education;

(2) Extraordinary unspecifiable services which cannot reasonably be described by written specifications. The application of this exception as to extraordinary unspecifiable services shall be construed narrowly in favor of open competitive bidding where possible and the Director of the Division of Local Government Services in the Department of Community Affairs is authorized to establish rules and regulations after consultation with the Commissioner of Education limiting its use in accordance with the intention herein expressed; and the board of education shall in each instance state supporting reasons for its action in the resolution awarding the contract for extraordinary unspecifiable services and shall forthwith cause to be printed, in the manner set forth in paragraph (1) of this subsection, a brief notice of the award of such contract;

(3) The doing of any work by employees of the board of education;

(4) The printing of all legal notices and legal briefs, records, and appendices to be used in any legal proceeding in which the board of education may be a party;

(5) Library and educational goods and services;

(6) Food supplies, including food supplies for home economics classes, when purchased pursuant to rules and regulations of the State board and in accordance with the provisions of N.J.S.18A:18A-6;

(7) The supplying of any product or the rendering of any service by a public utility, which is subject to the jurisdiction of the Board of Public Utilities, in accordance with the tariffs and schedules of charges made, charged and exacted, filed with said board;

(8) The printing of bonds and documents necessary to the issuance and sale thereof by a board of education;

(9) Equipment repair service if in the nature of an extraordinary unspecifiable service and necessary parts furnished in connection with such services, which exception shall be in accordance with the requirements for extraordinary unspecifiable services;

(10) Insurance, including the purchase of insurance coverage and consultant services, which exception shall be in accordance with the requirements for extraordinary unspecifiable services;

(11) Publishing of legal notices in newspapers as required by law;

(12) The acquisition of artifacts or other items of unique intrinsic, artistic or historic character;

(13) Those goods and services necessary or required to prepare and conduct an election;

(14) (Deleted by amendment, P.L.1999, c.440.)

(15) (Deleted by amendment, P.L.1999, c.270).

(16) (Deleted by amendment, P.L.1999, c.440.)

(17) The doing of any work by persons with disabilities employed by a sheltered workshop;

(18) Expenses for travel and conferences;

(19) The provision or performance of goods or services for the support or maintenance of proprietary computer hardware and software, except that this provision shall not be utilized to acquire or upgrade non-proprietary hardware or acquire or update non-proprietary software;

(20) Purchases of goods and services at rates set by the Universal Service Fund administered by the Federal Communications Commission;

(21) Goods and services paid with funds that: are raised by or collected from students to support the purchase of student-oriented items or materials, such as yearbooks, class rings, and a class gift; and are deposited in school or student activity accounts; and require no budget appropriation from the board of education;

(22) Food services provided by food service management companies pursuant to procedures established by the New Jersey Department of Agriculture, Bureau of Child Nutrition Programs;

(23) Vending machines providing food or drink; or

(24) Preschool education services provided by a licensed childcare provider or Head Start program and supported by preschool education aid pursuant to section 12 of P.L.2007, c.260 (C.18A:7F-54).

b. It is to be made or entered into with the United States of America, the State of New Jersey, county, or municipality or any board, body, officer, agency, authority, or board of education or any other state or subdivision thereof.

c. Bids have been advertised pursuant to N.J.S.18A:18A-4 on two occasions and (1) no bids have been received on both occasions in response to the advertisement, or (2) the board of education has rejected such bids on two occasions because it has determined that they are not reasonable as to price, on the basis of cost estimates prepared for or by the board of education prior to the advertising therefor, or have not been independently arrived at in open competition, or (3) on one occasion no bids were received pursuant to (1) and on one occasion all bids were rejected pursuant to (2), in whatever sequence; any such contract may then be negotiated and may be awarded upon adoption of a resolution by a two-thirds affirmative vote of the authorized membership of the board of education authorizing such a contract, provided, however, that:

(a) A reasonable effort is first made by the board of education to determine that the same or equivalent goods or services, at a cost which is lower than the negotiated price, are not available from an agency or authority of the United States, the State of New Jersey or of the county in which the board of education is located, or any municipality in close proximity to the board of education;

(b) The terms, conditions, restrictions, and specifications set forth in the negotiated contract are not substantially different from those which were the subject of competitive bidding pursuant to N.J.S.18A:18A-4; and

(c) Any minor amendment or modification of any of the terms, conditions, restrictions, and specifications which were the subject of competitive bidding pursuant to N.J.S.18A:18A-4 shall be stated in the resolution awarding the contract, provided further, however, that if on the second occasion the bids received are rejected as unreasonable as to price, the board of education shall notify each responsible bidder submitting bids on the second occasion of its intention to negotiate and afford each bidder a reasonable opportunity to negotiate, but the board of education shall not award such contract unless the negotiated price is lower than the lowest rejected bid price submitted on the second occasion by a responsible bidder, is the lowest negotiated price offered by any responsible vendor, and is a reasonable price for such goods or services.

d. Whenever a board of education shall determine that a bid was not arrived at independently in open competition pursuant to paragraph (2) of subsection c. of this section, it shall thereupon notify the county prosecutor of the county in which the board of education is located and the Attorney General of the facts upon which its determination is based and when appropriate, it may institute appropriate proceedings in any State or federal court of competent jurisdiction for a violation of any State or federal antitrust law or laws relating to the unlawful restraint of trade.

e. The board of education has solicited and received at least three quotations on materials, supplies, or equipment for which a State contract has been issued pursuant to N.J.S.18A:18A-10, and the lowest responsible quotation is at least 10 percent less than the price the board would be charged for the identical materials, supplies, or equipment, in the same quantities, under the State contract. Any such contract or agreement entered into pursuant to subsection d. or subsection e. may be made, negotiated, or awarded only upon adoption of a resolution by the affirmative vote of two-thirds of the full membership of the board of education at a meeting thereof authorizing such a contract or agreement. The purchase order relating to any such contract shall include a notation that the material, supplies, or equipment was purchased at least 10% below the State contract price. The board of education shall make available to the Director of the Division of Local Government Services in the Department of Community Affairs, upon request, any documents relating to the solicitation and award of the contract, including, but not limited to, quotations, requests for quotations, and resolutions.

##### **§ 18A:18A-6** Standards for purchase of fresh milk; penalties; rules and regulations {#sec-18a-18a-6 omnilex-key=us-nj-statutes--title-18a--18A:18A-6}

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 the school district an amount of fresh milk from New Jersey producers or associations of producers at least equal to the amount he proposes to furnish to the school district plus an amount equal to the amount, if any, he shall be required to furnish to any other school district in the State. Every such agreement shall be filed by the board of education with the Secretary of Agriculture who shall be charged with the duty of enforcing the provisions of this section. Failure by any vendor to purchase milk in compliance with his agreement shall subject him to a penalty of not less than $100.00 nor more than $500.00 per day for each day of noncompliance, unless he can prove to the satisfaction of the Secretary that he is unable to obtain sufficient milk from New Jersey producers or associations of producers to enable him to comply with his agreement. In the absence of such proof, the penalties herein provided for shall be enforced and collected by the Secretary of Agriculture in the name of the respective school district in a summary proceeding in accordance with the Penalty Enforcement Law (N.J.S. 2A:58-1 et seq.). The penalty, when recovered, shall be paid to the school district so named in the proceeding. Any vendor found guilty of violating his agreement shall be ineligible for any contract award under this section for a period of 3 years thereafter.

The Secretary of Agriculture shall adopt and promulgate such rules and regulations as shall be necessary for the proper operation and enforcement of this section.

##### **§ 18A:18A-7** Emergency contracts. {#sec-18a-18a-7 omnilex-key=us-nj-statutes--title-18a--18A:18A-7}

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 affecting the health or safety of occupants of school property requires the immediate delivery of goods or the performance of services, provided that the contracts are awarded in the following manner:

a. The official in charge of the building, facility or equipment wherein the emergency occurred or such other officer or employee as may be authorized to act in place of that official, shall notify the purchasing agent or a supervisor of the purchasing agent of the need for the performance of a contract, the nature of the emergency, the time of its occurrence and the need for invoking this section. If that person is satisfied that an emergency exists, that person shall be authorized to award a contract or contracts for such purposes as may be necessary to respond to the emergent needs. Such notification shall be reduced to writing and filed with the purchasing agent as soon as practicable.

b. Upon the furnishing of such goods or services, in accordance with the terms of the contract, the contractor furnishing such goods or services, shall be entitled to be paid therefor and the board of education shall be obligated for said payment. The board of education shall take such action as shall be required to provide for the payment of the contract price.

c. The Division of Local Government Services in the Department of Community Affairs, after consultation with the Commissioner of Education, shall prescribe rules and procedures to implement the requirements of this section.

d. The board of education may prescribe additional rules and procedures to implement the requirements of this section.

##### **§ 18A:18A-8** Contracts not to be divided. {#sec-18a-18a-8 omnilex-key=us-nj-statutes--title-18a--18A:18A-8}

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 of additional goods or services, shall be divided, so as to bring it or any of the parts thereof under the bid threshold, for the purpose of dispensing with the requirement of public advertising and bidding therefor.

b. In contracting for the provision or performance of any goods or services included in or incidental to the provision or performance of any work which is single in character or inclusive of the provision or performance of additional goods or services, all of the goods or services requisite for the completion of such contract shall be included in one contract.

##### **§ 18A:18A-8.1** Rules. {#sec-18a-18a-8.1 omnilex-key=us-nj-statutes--title-18a--18A:18A-8.1}

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 Department of Community Affairs, after consultation with the Commissioner of Education, and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules concerning determinations of aggregation for the purposes of whether a contract is subject to public bidding as set forth in sections 3, 4 and 7 of P.L.1971, c.198 (C.40A:11-3, 40A:11-4 and 40A:11-7) and N.J.S.18A:18A-3, N.J.S.18A:18A-4, and N.J.S.18A:18A-8.

##### **§ 18A:18A-9** Periodic solicitation of bids. {#sec-18a-18a-9 omnilex-key=us-nj-statutes--title-18a--18A:18A-9}

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 services which are and which under N.J.S.18A:18A-4 can be contracted to be provided or performed only after public advertisement for bids and bidding therefor and all contracts for the provision or performance of such goods or services shall be awarded only in that manner.

##### **§ 18A:18A-10** Board of education purchases through State agency; procedure. {#sec-18a-18a-10 omnilex-key=us-nj-statutes--title-18a--18A:18A-10}

a. A board of education, without advertising for bids, or after having rejected all bids obtained pursuant to advertising therefor, by resolution may purchase any goods or services pursuant to a contract or contracts for such goods or services entered into on behalf of the State by the Division of Purchase and Property.

b. A board of education may also use, without advertising for bids, or having rejected all bids obtained pursuant to advertising, the Federal Supply Schedules of the General Services Administration or schedules from other federal procurement programs promulgated by the Director of the Division of Purchase and Property in the Department of the Treasury pursuant to section 1 of P.L.1996, c.16 (C.52:34-6.1), subject to the following conditions:

(1) the price of the goods or services being procured is no greater than the price offered to federal agencies;

(2) (Deleted by amendment, P.L.2006, c.10);

(3) the board of education receives the benefit of federally mandated price reductions during the term of the contract;

(4) the price of the goods or services being procured is no greater than the price of the same or equivalent goods or services under the State contract, unless the board of education determines that because of factors other than price, selection of a vendor from the Federal Supply Schedules or schedules from other federal procurement programs would be more advantageous to the board of education;

(5) a copy of the purchase order relating to any such contract, the requisition or request for purchase order, if applicable, and documentation identifying the price of the goods or services under the Federal Supply Schedules or schedules from other federal procurement programs shall be filed with the Director of the Division of Purchase and Property in the Department of the Treasury within five working days of the award of any such contract by the board of education.

c. Whenever a purchase is made, the board of education shall place its order with the vendor offering the lowest price, including delivery charges, that best meets the requirements of the board of education. Prior to placing such an order, the board of education shall document with specificity that the goods or services selected best meet the requirements of the board of education.

##### **§ 18A:18A-10.1** Payment of interest by board of education; definitions. {#sec-18a-18a-10.1 omnilex-key=us-nj-statutes--title-18a--18A:18A-10.1}

3. A board of education, as defined in N.J.S.18A:18A-2, shall pay interest on the amount due a business concern pursuant to a properly executed invoice, when required, if the required payment is not made on or before the required payment date.

Unless otherwise provided for in the contract, the required payment date shall be 90 calendar days from the date specified in the contract or if no required payment is specified in the contract, then the required payment date shall be 90 calendar days from the receipt of a properly executed invoice, or 90 calendar days from the receipt of goods or services, whichever is later. Interest shall not be paid unless goods and services are rendered.

Interest on amounts due shall be paid to the business concern for the period beginning on the day after the required payment date and ending on the date on which the check for payment is drawn.

Interest shall be paid at the rate specified by the State Treasurer for State late payments to business concerns pursuant to section 4 of P.L.1987, c.184 (C.52:32-35).

Interest may be paid by separate payment to a business concern, but shall be paid within 30 days of the late payment.

A board of education may waive the interest payment for a delinquency due to circumstances beyond the control of the board of education, including but not limited to a strike or natural disaster.

As used in this section, "business concern" means any person engaged in a trade or business, including a private nonprofit entity operating as an independent contractor, providing goods or services directly to a board of education or to a designated third party and operating pursuant to a contract with a board of education which requires either a single payment or multiple payments, but shall not include a "public utility" as defined in R.S.48:2-13.

##### **§ 18A:18A-11** Joint purchases by districts, municipalities, counties; authority. {#sec-18a-18a-11 omnilex-key=us-nj-statutes--title-18a--18A:18A-11}

a. The boards of education of two or more districts may provide jointly by agreement for the provision and performance of goods and services for their respective districts, or one or more boards of education may provide for such provision or performance of goods or services by joint agreement with the governing body of any municipality or county.

Any joint purchasing agreement between the boards of education of two or more school districts may include, as additional participating bodies, nonpublic schools located within the municipalities that comprise those school districts.

b. As used in this section, "nonpublic school" means an elementary or secondary school within the State, other than a public school, offering education for grades kindergarten through 12, or any combination of them, wherein any child may legally fulfill compulsory school attendance requirements and which complies with the requirements of Title VI of the Civil Rights Act of 1964, Pub.L.88-352 (42 U.S.C. s.2000d et seq.).

##### **§ 18A:18A-12** Contents of agreement. {#sec-18a-18a-12 omnilex-key=us-nj-statutes--title-18a--18A:18A-12}

a. Such agreements shall be entered into by resolution adopted by each participating board of education, municipality or county and shall set forth the categories of goods or services to be provided or performed, the manner of advertising for bids and of awarding of contracts, the method of payment by each participating board of education, municipality or county, and other matters deemed necessary to carry out the purposes of the agreement.

b. Each participant's share of expenditures for purchases under any such agreement shall be appropriated and paid in the manner set forth in the agreement and in the same manner as for other expenses of the participant.

##### **§ 18A:18A-13** Purchases and contracts subject to law and rules and regulations. {#sec-18a-18a-13 omnilex-key=us-nj-statutes--title-18a--18A:18A-13}

Such purchases and all contracts pertaining thereto shall be subject to all provisions of law and the applicable rules and regulations of the State board.

##### **§ 18A:18A-14** Controversies or disputes; determination; appeal. {#sec-18a-18a-14 omnilex-key=us-nj-statutes--title-18a--18A:18A-14}

In the event that any controversy or dispute shall arise among the parties (except a municipality or county) to any such contract, the same shall be referred to the county superintendent of the county in which the districts are situate for determination and his determination thereon shall be binding, subject to appeal to the commissioner and the State board pursuant to law. In the event that the districts are in more than one county, the controversy or dispute shall be referred to the county superintendents of the counties for joint determination, and if they shall be unable to agree upon a joint determination within 30 days, the controversy or dispute shall be referred to the commissioner for determination.

##### **§ 18A:18A-14.1** Electronic data processing defined {#sec-18a-18a-14.1 omnilex-key=us-nj-statutes--title-18a--18A:18A-14.1}

As used in this act "electronic data processing" means the storage, retrieval, combination or collation of items of information by means of electronic equipment involving the translation of words, numbers and other symbolic elements into electrical impulses or currents.

##### **§ 18A:18A-14.2** Contract or lease for electronic data processing for another school district; combination of records and information {#sec-18a-18a-14.2 omnilex-key=us-nj-statutes--title-18a--18A:18A-14.2}

a. Any board of education may by contract or lease provide electronic data processing services for the board of education of another school district, and may undertake with such other board of education the joint operation of electronic data processing of their several official records and other information relative to their official activities, services and responsibilities.

b. The records and other information originating with any board of education participating in such a contract or lease may be combined, compiled, and conjoined with the records and other information of any and all other participating local units for the purposes of such electronic data processing; and any provisions of law requiring such records to be kept confidential or to be retained by any board of education or any officer or agency thereof shall be deemed to be isolated thereby.

##### **§ 18A:18A-14.3** Contract or lease; contents {#sec-18a-18a-14.3 omnilex-key=us-nj-statutes--title-18a--18A:18A-14.3}

A contract or lease entered into pursuant to this act shall set forth the charge for all services provided, or in the case of a joint undertaking the proportion of the cost each party thereto shall assume and specify all the details of the management of the joint undertaking, and any other matters that may be deemed necessary for insertion therein, and may be amended from time to time by the contracting parties.

##### **§ 18A:18A-14.4** Party to contract as agent {#sec-18a-18a-14.4 omnilex-key=us-nj-statutes--title-18a--18A:18A-14.4}

For the purpose of carrying into execution a contract or lease for a joint enterprise under this act, any party to such contract may act as agent for any or all the parties in acquiring, by lease, purchase or otherwise, any property, facilities or services, in appointing such officers and employees as may be necessary and directing its activities, to the same extent as a board of education is authorized to do separately.

##### **§ 18A:18A-15** Specifications generally. {#sec-18a-18a-15 omnilex-key=us-nj-statutes--title-18a--18A:18A-15}

Any specifications for the provision or performance of goods or services under this chapter shall be drafted in a manner to encourage free, open and competitive bidding. In particular, no specifications under this chapter may:

a. Require any standard, restriction, condition or limitation not directly related to the purpose, function or activity for which the contract is awarded; or

b. Require that any bidder be a resident of, or that the bidder's place of business be located in, the county or school district in which the contract will be awarded or performed, unless the physical proximity of the bidder is requisite to the efficient and economical performance of the contract; or

c. Discriminate on the basis of race, religion, sex, national origin creed, color, ancestry, age, marital status, affectional or sexual orientation, familial status, liability for service in the Armed Forces of the United States, or nationality; or

d. Require, with regard to any contract, the furnishing of any "brand name," but may in all cases require "brand name or equivalent," except that if the goods or services to be provided or performed are proprietary, such goods or services may be purchased by stipulating the proprietary goods or services in the bid specification in any case in which the resolution authorizing the contract so indicates, and the special need for such proprietary goods or services is directly related to the performance, completion or undertaking of the purpose for which the contract is awarded; or

e. Fail to include any option for renewal, extension, or release which the board of education may intend to exercise or require; or any terms and conditions necessary for the performance of any extra work; or fail to disclose any matter necessary to the substantial performance of the contract.

The specifications for every contract for public work, the entire cost whereof will exceed $20,000.00, shall provide that the board of education, through its authorized agent, shall upon completion of the contract report to the department as to the contractor's performance, and shall also furnish such report from time to time during performance if the contractor is then in default.

Any specification which knowingly excludes prospective bidders by reason of the impossibility of performance, bidding or qualification by any but one bidder, except as provided herein, shall be null and void and of no effect and shall be readvertised for receipt of new bids, and the original contract shall be set aside by the board of education.

No provision in this section shall be construed to prevent a board of education from designating that a contract for goods or services shall be awarded to a small business enterprise, a minority business enterprise or a women's business enterprise pursuant to P.L.1985, c.490 (C.18A:18A-51 et seq.).

Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the purchasing agent no less than three business days prior to the opening of the bids. Challenges filed after that time shall be considered void and having no impact on the board of education or the award of a contract.

##### **§ 18A:18A-15.1** Payment from bequest, legacy or gift; conditions. {#sec-18a-18a-15.1 omnilex-key=us-nj-statutes--title-18a--18A:18A-15.1}

64. Goods or services, the payment for which utilizes only funds received by a board of education from a bequest, legacy or gift, shall be subject to the provisions of N.J.S.18A:18A-1 et seq., except that if such bequest, legacy or gift contains written instructions as to the specifications, manufacturer or vendor, or source of supply of the goods or services to be provided or performed, such instructions shall be honored.

##### **§ 18A:18A-16** Preparation and approval of plans and specifications for public schoolhouses {#sec-18a-18a-16 omnilex-key=us-nj-statutes--title-18a--18A:18A-16}

All plans and specifications for the erection, alteration, improvement or repair of public school buildings shall be drawn by or under the supervision of an appropriate officer employed by the board to whom such power shall have been delegated by the board of education.

No contract for the erection of any building or any part thereof by any board of education of any school district shall be entered into until the final plans and specifications therefor have been submitted to, and approved by, either the Bureau of Facility Planning Services in the Department of Education or an appropriately licensed code official employed by any municipality in the State, with the written consent of that municipality. No change in any such plans or specifications, so approved, shall be made unless the same shall have been submitted to, and approved by, the Bureau of Facility Planning Services in the Department of Education or an appropriately licensed municipal code official, whichever entity originally approved the plans.

Should a municipal planning board, acting pursuant to the provisions of section 22 of P.L.1975, c.291 (C.40:55D-31), recommend against the approval of plans and specifications for the erection of a school building or any part thereof and file notice of that recommendation within 10 days with the Bureau of Facility Planning Services of the Department of Education for consideration during the plan review process, the Bureau of Facility Planning Services shall not approve the preliminary plans and specifications for educational adequacy until the objections of the municipal planning board have been considered.

##### **§ 18A:18A-16.1** Regulation, policy adoption, restriction {#sec-18a-18a-16.1 omnilex-key=us-nj-statutes--title-18a--18A:18A-16.1}

1. The State Board of Education shall adopt no regulation or policy which requires as a condition for approval of plans and specifications for the erection, alteration, improvement or repair of a public school facility capacity requirements which exclude space occupied by movable furniture, equipment and other items when calculating net square footage.

##### **§ 18A:18A-17** Facilities for persons with physical disabilities. {#sec-18a-18a-17 omnilex-key=us-nj-statutes--title-18a--18A:18A-17}

Every board of education shall require that all plans and specifications for bids on any contract with the board for the construction, remodeling, or renovation of any public building shall provide facilities for persons with physical disabilities.

As used in this section, "remodeling or renovation" shall mean to construct an addition to, or alter the design or layout of a public building so that a change or modification of the entrance facilities, toilet facilities, or vertical access is achieved, or makes substantial repairs or alterations. As used herein, "substantial repairs or alterations" shall mean that if the costs of making such repairs or alterations:

a. Shall exceed 60% of the value of the building, the entire building shall be made to comply with the requirements of this section;

b. Shall be between 30% and 60% of the value of the building, only those portions of the building repaired or altered shall be made to comply with the requirements of this section; or

c. Shall be under 30% of the value of the building, such repairs or alterations shall be either in accordance with the requirement of this section, or in compliance with their previously required condition and with the same or equivalent material or equipment, provided the general safety and public welfare are not thereby endangered.

The value of such public buildings shall be determined by every board of education in accordance with a formula which shall be established by the State Board of Education. The formula may take into account the size, age, type of construction, original building cost, and replacement cost of any such building.

The State Board of Education, by rules and regulations, shall prescribe the kinds, types, and quality of the aforementioned facilities for persons with physical disabilities.

##### **§ 18A:18A-17.1** Commissioner of Education authorized to withhold State aid. {#sec-18a-18a-17.1 omnilex-key=us-nj-statutes--title-18a--18A:18A-17.1}

The Commissioner of Education is hereby authorized to withhold all or part of any State aid paid to any school district pursuant to chapter 58 of Title 18A of the New Jersey Statutes or any other law, unless and until said school district shall comply with the provisions of N.J.S.18A:18A-17 with respect to facilities for persons with physical disabilities.

##### **§ 18A:18A-18** Preparation of separate plans, specifications for certain construction work, goods and services; bidding; awarding of contracts. {#sec-18a-18a-18 omnilex-key=us-nj-statutes--title-18a--18A:18A-18}

a. In the preparation of plans and specifications for the construction, alteration or repair of any building by a board of education, when the entire cost of the work will exceed the bid threshold, separate plans and specifications may be prepared for each of the following branches of work in the following categories, and all work kindred thereto to be performed or furnished in connection therewith:

(1) The plumbing and gas fitting work;

(2) The refrigeration, heating and ventilating systems and equipment;

(3) The electrical work, including any electrical power plant, tele-data, fire alarm, or security system;

(4) The structural steel and ornamental iron work;

(5) General construction, which shall include all other work required for the completion of the project.

b. With regard to the branch work categories in subsection a. of this section, the board of education or its purchasing agent shall advertise for and receive, in the manner provided by law, (1) separate bids for each of the branches of work specified in subsection a. of this section, or (2) single bids by general contractors for all the work, goods and services required to complete the public building to be included in a single overall contract, or (3) both. In the case of separate bids under paragraph (1) or (3) of this subsection, contractors for categories (1) through (4) of subsection a. of this section shall not be required to name subcontractors in their bid. In the case of a single bid under paragraph (2) or (3) of this subsection, there will be set forth in the bid the name or names of all subcontractors to whom the bidder will subcontract the furnishing of plumbing and gas fitting, and all kindred work, and of the heating and ventilating systems and equipment, and electrical work, structural steel and ornamental iron work, each of which subcontractors shall be qualified in accordance with N.J.S.18A:18A-1 et seq. for categories (1) through (4) of subsection a. of this section. Subcontractors who furnish general construction work pursuant to category (5) of subsection a. of this section or subcontractors who furnish work to named subcontractors pursuant to categories (1) through (4) of subsection a. of this section shall not be named in the bid. Notwithstanding the foregoing provisions of this subsection, a contracting unit may choose to require in its bid specification that a subcontractor shall be named in a bid when, in the case of paragraph (1) of subsection b., separate bids for each category, the work of that subcontractor exceeds 35 percent of the contracting unit's estimated amount of value of the work, which shall be set forth in the bid specification. The school district shall require evidence of performance security to be submitted simultaneously with the list of the subcontractors. Evidence of performance security may be supplied by the bidder on behalf of himself and any or all subcontractors, or by each respective subcontractor, or by any combination thereof which results in evidence of performance security equaling, but in no event exceeding, the total amount bid.

c. Contracts shall be awarded to the lowest responsible bidder in each branch of work in the case of separate bids and to the single lowest responsible bidder in the case of single bids. In the event that a contract is advertised in accordance with paragraph (3) of subsection b. of this section, the contract shall be awarded in the following manner: If the sum total of the amounts bid by the lowest responsible bidder for each branch is less than the amount bid by the lowest responsible bidder for all the work, goods and services, the board of education shall award separate contracts for each of such branches to the lowest responsible bidder therefor, but if the sum total of the amount bid by the lowest responsible bidder for each branch is not less than the amount bid by the lowest responsible bidder for all the work, goods and services, the board of education shall award a single overall contract to the lowest responsible bidder for all of such work, goods and services. In every case in which a contract is awarded under paragraph (2) or (3) of subsection b. of this section, all payments required to be made under such contract for work, goods and services supplied by a subcontractor may, upon the certification of the contractor of the amount due to the subcontractor, be paid directly to the subcontractor. Payments to a subcontractor for work and materials supplied in connection with the contract shall be made within 10 calendar days of the receipt of payment for that work or the delivery of those materials by the subcontractor in accordance with the provisions of P.L.1991, c.133 (C.2A:30A-1 et seq.), and any regulations promulgated thereunder.

##### **§ 18A:18A-19** Number of working days specified {#sec-18a-18a-19 omnilex-key=us-nj-statutes--title-18a--18A:18A-19}

All specifications for the doing of any work for a board of education shall fix the date before which the work shall be completed, or the number of working days to be allowed for its completion; and every such contract shall contain a provision for a deduction, from the contract price, or any wages paid by the board of education to any inspector or inspectors necessarily employed by it on the work, for any number of days in excess of the number allowed in the specifications.

##### **§ 18A:18A-20** American goods and products to be used where possible. {#sec-18a-18a-20 omnilex-key=us-nj-statutes--title-18a--18A:18A-20}

Each board of education shall provide, in the specifications for all contracts for work for which it will pay any part of the cost or work which by contract it will ultimately own and maintain, that only manufactured and farm products of the United States, wherever available, be used in such work.

##### **§ 18A:18A-21** Advertisement for bids; bids; general requirements; notice of revisions. {#sec-18a-18a-21 omnilex-key=us-nj-statutes--title-18a--18A:18A-21}

a. Except as provided in section 5 of P.L.1985, c.490 (C.18A:18A-55), all advertisements for bids shall be published in an official newspaper sufficiently in advance of the date fixed for receiving the bids to promote competitive bidding, but in no event less than 10 days prior to such date. For all contracts, the date fixed for receiving the bids shall not fall on a Monday, or any day directly following a State or federal holiday.

b. The advertisement shall designate the manner of submitting and of receiving the bids and the time and place at which the bids will be received. If the published specifications provide for receipt of bids by mail, those bids which are mailed to the board of education shall be sealed and shall be opened only for examination at such time and place as all bids received are unsealed and announced. At such time and place the purchasing agent of the board of education shall publicly receive the bids and thereupon immediately proceed to unseal them and publicly announce the contents, which announcement shall be made in the presence of any parties bidding or their agents who are then and there present. A proper record of the prices and terms shall be made in the minutes of the board. No bids shall be received after the time designated in the advertisement.

c. Notice of revisions or addenda to advertisements or bid documents shall be provided as follows:

(1) For all contracts except those for construction work, notice shall be published no later than seven days, Saturdays, Sundays, and holidays excepted, prior to the date for acceptance of bids, in an official newspaper of the board of education and be provided to any person who has submitted a bid or who has received a bid package, in one of the following ways: (a) in writing by certified mail or (b) by certified facsimile transmission, meaning that the sender's facsimile machine produces a receipt showing date and time of transmission and that the transmission was successful or (c) by a delivery service that provides certification of delivery to the sender.

(2) For all contracts for construction work, notice shall be provided no later than seven days, Saturdays, Sundays, or holidays excepted, prior to the date for acceptance of bids, to any person who has submitted a bid or who has received a bid package in any of the following ways: i) in writing by certified mail or ii) by certified facsimile transmission, meaning that the sender's facsimile machine produces a receipt showing date and time of transmission and that the transmission was successful or iii) by a delivery service that provides certification of delivery to the sender.

d. Failure of the board of education to advertise for the receipt of bids or to provide proper notification of revisions or addenda to advertisements or bid documents related to bids as prescribed by this section shall prevent the board of education from accepting the bids and require the readvertisement for bids pursuant to subsection a. of this section. Failure to obtain a receipt when good faith notice is sent or delivered to the address or telephone facsimile number on file with the board of education shall not be considered failure by the board of education to provide notice.

##### **§ 18A:18A-22** Rejection of bids. {#sec-18a-18a-22 omnilex-key=us-nj-statutes--title-18a--18A:18A-22}

A board of education may reject all bids for any of the following reasons:

a. The lowest bid substantially exceeds the cost estimates for the goods or services;

b. The lowest bid substantially exceeds the board of education's appropriation for the goods or services;

c. The board of education decides to abandon the project for provision or performance of the goods or services;

d. The board of education wants to substantially revise the specifications for the goods or services;

e. The purposes or provisions or both of N.J.S.18A:18A-1 et seq. are being violated; and

f. The board of education decides to use the State authorized contract pursuant to N.J.S.18A:18A-10.

##### **§ 18A:18A-23** Certificate of bidder showing ability to perform contract {#sec-18a-18a-23 omnilex-key=us-nj-statutes--title-18a--18A:18A-23}

There may be required from any bidder submitting a bid on public work to any board of education, duly advertised for in accordance with law, a certificate showing that he owns, leases, or controls all the necessary equipment required by the plans, specifications and advertisements under which bids are asked for and if the bidder is not the actual owner or lessee of any such equipment, his certificate shall state the source from which the equipment will be obtained, and shall be accompanied by a certificate from the owner or person in control of the equipment definitely granting to the bidder the control of the equipment required during such time as may be necessary for the completion of that portion of the contract for which it is necessary.

##### **§ 18A:18A-24** Security to accompany bid; amount. {#sec-18a-18a-24 omnilex-key=us-nj-statutes--title-18a--18A:18A-24}

There may be required from any person bidding on any contract, advertised in accordance with law, that the bid be accompanied by a guarantee payable to the board of education that, if the contract is awarded to the bidder, the bidder will enter into a contract therefor and will furnish any performance bond or other security required as a guarantee or indemnification. The guarantee shall be in the amount of 10% of the bid, but not in excess of $20,000.00, except as otherwise provided herein, and may be given, at the option of the bidder, by certified check, cashier's check or bid bond. In the event that any law or regulation of the United States imposes any condition upon the awarding of a monetary grant to any board of education, which condition requires the depositing of a guarantee in an amount other than 10% of the bid or in excess of $20,000.00, the provisions of this section shall not apply and the requirements of the law or regulation of the United States shall govern.

##### **§ 18A:18A-25** Guarantee certificate. {#sec-18a-18a-25 omnilex-key=us-nj-statutes--title-18a--18A:18A-25}

When a surety company bond is required in the advertisement or specifications for a contract, every board of education shall require from any bidder submitting a bid in accordance with plans, specifications and advertisements, as provided for by law, a certificate from a surety company stating that it will provide the contractor with a bond in such sum as is required in the advertisement or in the specifications.

This certificate shall be obtained for a bond--

a. For the faithful performance of all provisions of the specifications or for all matters which may be contained in the notice to bidders, relating to the performance of the contract; including the guarantees required under article 12 of chapter 44 of Title 2A of the New Jersey Statutes; and

b. If any be required, for a guarantee bond for the faithful performance of the contract provisions relating to the repair and maintenance of any work, project or facility and its appurtenances and keeping the same in good and serviceable condition during the term of the bond as provided for in the notice to bidders or in the specifications; or

c. In such other form as may be provided in the notice to bidders or in the specifications.

If a bidder desires to offer the bond of an individual instead of that of a surety company, the bidder shall submit with the bid a certificate signed by such individual similar to that required of a surety company.

The board of education may reject any such bid if it is not satisfied with the sufficiency of the individual surety offered.

##### **§ 18A:18A-26** Classification of bidders as requisite to bidding {#sec-18a-18a-26 omnilex-key=us-nj-statutes--title-18a--18A:18A-26}

Every board of education shall require that all persons proposing to bid on any contract requiring public advertisement for bids with the board for public work, the entire cost whereof will exceed $20,000.00, shall first be classified in accordance with article 6 of this chapter as to the character and amount of public work on which they shall be qualified to submit bids. So long as such requirement is in effect, the board of education shall accept such bids only from persons qualified in accordance with such classification.

##### **§ 18A:18A-26.1** Board of education may use electronic procurement processes. {#sec-18a-18a-26.1 omnilex-key=us-nj-statutes--title-18a--18A:18A-26.1}

10. Notwithstanding any provisions of the "Public School Contracts Law," N.J.S.18A:18A-1 et seq. to the contrary, a board of education may use electronic procurement processes for public works construction contracts, pursuant to the requirements of section 4 of P.L.2020, c.59 (C.52:34A-4).

##### **§ 18A:18A-27** Regulations for qualifications of prospective bidders. {#sec-18a-18a-27 omnilex-key=us-nj-statutes--title-18a--18A:18A-27}

The State Treasurer may establish reasonable regulations appropriate for controlling the qualifications of prospective bidders upon contracts for public works, the entire cost whereof will exceed the bid threshold, by the amount, class or category of goods or services to be provided or performed which may fix the qualifications required according to the financial ability and experience of the bidders and the capital and equipment available to them pertinent to and reasonably related to the class or category of goods or services to be provided or performed in the performance of any such contract, and may require each bidder to furnish a statement thereof.

Such regulations shall be written in a manner:

a. Which will not unnecessarily discourage full, free and open competition; or

b. Which will not unnecessarily restrict the participation of small business in the public bidding process; or

c. Which will not create undue preferences; or

d. Which will not violate any other provision of this chapter, or any other law.

No qualification rating of any bidder shall be influenced by the bidder's race, religion, sex, national origin, nationality or place of residence.

Such regulations shall not be effective unless they have been adopted as provided in the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

##### **§ 18A:18A-27.1** Prequalification of certain persons performing school construction management services. {#sec-18a-18a-27.1 omnilex-key=us-nj-statutes--title-18a--18A:18A-27.1}

1. Notwithstanding the provisions of N.J.S.18A:18A-5 or any other section of law to the contrary, any person who performs construction management services for a school facilities project constructed by a school district, which services have a cost in excess of the bid threshold amount specified in N.J.S.18A:18A-3, shall be prequalified by the Division of Property Management and Construction in the Department of the Treasury. This requirement shall not apply to construction management services performed by a full-time employee of a school district.

##### **§ 18A:18A-28** Application for classification; fee {#sec-18a-18a-28 omnilex-key=us-nj-statutes--title-18a--18A:18A-28}

Any person desiring such classification shall file with the department a statement under oath in response to a questionnaire, prepared and standardized for like classes of work, by the department together with a fee of $10.00. The statement shall develop fully the financial ability, adequacy of plant and equipment, organization and prior experience of the prospective bidder, and also such other pertinent and material facts as may be deemed desirable.

##### **§ 18A:18A-29** Classification by classes; notice to applicants {#sec-18a-18a-29 omnilex-key=us-nj-statutes--title-18a--18A:18A-29}

The department shall classify all such prospective bidders as to the character and amount of public work contracts on which they shall be qualified to submit bids. The department shall consider reports filed by boards of education pursuant to 18A:18A-15 as a basis for denial of a favorable classification to all prospective bidders. The classification shall be made and an immediate notice thereof shall be sent to the prospective bidder or bidders by registered mail within a period of 15 days after the date of receipt of the statement in response to the questionnaire; provided, however, that if the department shall require additional information from the prospective bidder, the classification shall be made and the notice sent within 15 days after receipt of such additional information.

##### **§ 18A:18A-30** Appeal from determination as to classification; hearings; change {#sec-18a-18a-30 omnilex-key=us-nj-statutes--title-18a--18A:18A-30}

Any person, after being notified of his classification, being dissatisfied therewith or with the classification of another person or persons, may request in writing a hearing before the department, and may present such further evidence with respect to his financial ability, plant and equipment or prior experience, or that of the other person or persons, as might tend to justify a different classification.

Where the request for a hearing is related to the classification of another person, the applicant for the hearing shall notify such other person, by registered mail, of the time and place of hearing and at the hearing shall present to the department satisfactory evidence that such notice was given before any matters pertaining to the classification of such other person shall be taken up.

After the hearing the department may change or affirm the classification or classifications, the subject of the hearing.

##### **§ 18A:18A-31** Change in classification as affecting bids; review and reconsideration of classification {#sec-18a-18a-31 omnilex-key=us-nj-statutes--title-18a--18A:18A-31}

Where there have been developments subsequent to the qualification and classification of a bidder which in the opinion of the board of education would affect the responsibility of the bidder, information to that effect shall forthwith be transmitted to the department for its review and reconsideration of the classification. Before taking final action on any such bid, the board of education concerned shall notify the bidder and give him an opportunity to present to the department any additional information which might tend to substantiate the existing classification.

##### **§ 18A:18A-32** Bidders not submitting statements within one year ineligible to bid; affidavit of no change in status to accompany bid; reports as to performance, etc. {#sec-18a-18a-32 omnilex-key=us-nj-statutes--title-18a--18A:18A-32}

No person shall be qualified to bid on any public work contract with the board of education, the entire cost whereof will exceed $20,000.00, who shall not have submitted a statement as required by N.J.S. 18A:18A-28 within a period of one year preceding the date of opening of bids for such contract. Every bidder shall submit with his bid an affidavit that subsequent to the latest such statement submitted by him there has been no material adverse change in his qualification information except as set forth in said affidavit.

##### **§ 18A:18A-33** Penalties for false statements {#sec-18a-18a-33 omnilex-key=us-nj-statutes--title-18a--18A:18A-33}

Any person who makes, or causes to be made, a false, deceptive or fraudulent statement in the questionnaire required to be submitted, or in the course of any hearing under this article shall be guilty of a misdemeanor, and upon conviction shall be sentenced to pay a fine of not less than $100.00 nor more than $1,000.00; or, in the case of an individual or the officer or employee charged with the duty of making such questionnaire for a person, firm, copartnership, association or corporation, to pay such fine or undergo imprisonment, not exceeding 6 months, or both. All such persons and any copartnership, association, corporation or joint stock company of which any such person is a partner or officer or director, and any corporation of which he owns more than 25% of the stock, shall for 5 years from the date of such conviction be disqualified from bidding on all public work in this State.

The board of education shall cause the forfeiture as liquidated damages to the board of any certified check or certificate of deposit deposited as bid security by any person who makes or causes to be made any false, deceptive or fraudulent statement in the questionnaire or bid affidavit required to be submitted, or in the course of any hearing under this chapter.

##### **§ 18A:18A-36** Time for making awards, deposits returned. {#sec-18a-18a-36 omnilex-key=us-nj-statutes--title-18a--18A:18A-36}

a. The board of education shall award the contract or reject all bids within such time as may be specified in the invitation to bid, but in no case more than 60 days, except that the bids of any bidders who consent thereto may, at the request of the board of education, be held for consideration for such longer period as may be agreed. All bid security except the security of the three apparent lowest responsible bidders shall, if requested, be returned after 10 days from the opening of the bids, Sundays and holidays excepted and the bids of such bidders shall be considered as withdrawn. Within three days after the awarding of the contract and the approval of the contractor's performance bond the bid security of the remaining unsuccessful bidders shall be returned to them forthwith, Sundays and holidays excepted.

b. The contract shall be signed by all parties within the time limit set forth in the specifications, which shall not exceed 21 days, Sundays and holidays excepted, after the making of the award; provided, however, that all parties to the contract may agree to extend the limit set forth in the specifications beyond the 21-day limit required in this subsection. The contractor, upon written request to the board of education, is entitled to receive, within seven days of the request, an authorization to proceed pursuant to the terms of the contract on the date set forth in the contract for work to commence, or, if no date is set forth in the contract, upon receipt of authorization. If for any reason the contract is not awarded and the bidders have paid for or paid a deposit for the plans and specifications to the board of education, the payment or deposit shall immediately be returned to the bidders when the plans and specifications are returned in reasonable condition within 90 days of notice that the contract has not been awarded.

##### **§ 18A:18A-37** Award of purchases, contracts or agreements. {#sec-18a-18a-37 omnilex-key=us-nj-statutes--title-18a--18A:18A-37}

All contracts enumerated in this section shall be awarded as follows:

a. For all contracts that in the aggregate are less than the bid threshold but 15 percent or more of that amount, and for those contracts that are for subject matter enumerated in subsection a. of N.J.S.18A:18A-5, except for paragraph (1) of that subsection concerning professional services and paragraph (3) of that subsection concerning work by employees of the board of education, the purchasing agent shall award the contract after soliciting at least two competitive quotations, if practicable. The award shall be made to a vendor whose response is most advantageous, price and other factors considered. The purchasing agent shall retain the record of the quotation solicitation and shall include a copy of the record with the voucher used to pay the vendor.

b. When in excess of the bid threshold, and after documented effort by the purchasing agent to secure competitive quotations, a contract for extraordinary unspecifiable services may be awarded when the purchasing agent has determined in writing that solicitation of competitive quotations is impracticable. Any such contract shall be awarded by resolution of the board of education.

c. If authorized by the board of education by resolution, all contracts that are in the aggregate less than 15 percent of the bid threshold may be awarded by the purchasing agent without soliciting competitive quotations.

d. Whenever two or more responses to a request of a purchasing agent offer equal prices and are the lowest responsible bids or proposals, the board of education may award the contract to the vendor whose response, in the discretion of the board of education, is the most advantageous, price and other factors considered. In such a case, the award resolution or purchase order documentation shall explain why the vendor selected is the most advantageous.

##### **§ 18A:18A-40** Form and execution of contracts and bonds. {#sec-18a-18a-40 omnilex-key=us-nj-statutes--title-18a--18A:18A-40}

All contracts for the provision or performance of goods or services shall be in writing. The State Board of Education may, subject to the requirements of law, prescribe the forms and manner in which contracts shall be made and executed, and the form and manner of execution and approval of all guarantee, indemnity, fidelity and other bonds.

##### **§ 18A:18A-40.1** Partial payments. {#sec-18a-18a-40.1 omnilex-key=us-nj-statutes--title-18a--18A:18A-40.1}

1. Any contract, the total price of which exceeds $100,000.00, entered into by a board of education involving the construction, reconstruction, alteration, repair or maintenance of any building, structure, facility or other improvement to real property, shall provide for partial payments to be made at least once each month as the work progresses, unless the contractor shall agree to deposit bonds with the board of education pursuant to section 2 of P.L.1987, c.343 (C.18A:18A-40.2).

##### **§ 18A:18A-40.2** Withholding, deposit of negotiable bearer bonds, notes {#sec-18a-18a-40.2 omnilex-key=us-nj-statutes--title-18a--18A:18A-40.2}

Whenever any contract, the total price of which exceeds $100,000.00, entered into by a board of education for the construction, reconstruction, alteration or repair of any building, structure, facility or other improvement to real property, requires the withholding of payment of a percentage of the amount of the contract, the contractor may agree to the withholding of payments in the manner prescribed in the contract, or may deposit with the board of education negotiable bearer bonds of the State of New Jersey, or negotiable bearer bonds or notes of any political subdivision of the State, the value of which is equal to the amount necessary to satisfy the amount that otherwise would be withheld pursuant to the terms of the contract. The nature and amount of the bonds or notes to be deposited shall be subject to approval by the board of education. For purposes of this section, "value" shall mean par value or current market value, whichever is lower.

If the contractor agrees to the withholding of payments, the amount withheld shall be deposited, with a banking institution or savings and loan association insured by an agency of the federal government, in an account bearing interest at the rate currently paid by such institutions or associations on time or savings deposits. The amount withheld, or the bonds or notes deposited, and any interest accruing on such bonds or notes, shall be returned to the contractor upon fulfillment of the terms of the contract relating to such withholding. Any interest accruing on cash payments withheld shall be credited to the board of education.

##### **§ 18A:18A-40.3** Withholding of partial payments. {#sec-18a-18a-40.3 omnilex-key=us-nj-statutes--title-18a--18A:18A-40.3}

3. With respect to any contract entered into by a board of education pursuant to section 1 of P.L.1987, c.343 (C.18A:18A-40.1) for which the contractor shall agree to the withholding of payments pursuant to section 2 of P.L.1987, c.343 (C.18A:18A-40.2), 5% of the amount due on each partial payment shall be withheld by the board of education pending completion of the contract if the contractor does not have a performance bond. If the contractor does have a performance bond, 2% of the amount due on each partial payment shall be withheld by the board of education when the outstanding balance of the contract exceeds $500,000, and 5% of the amount due on each partial payment shall be withheld by the board of education when the outstanding balance of the contract is $500,000 or less.

##### **§ 18A:18A-41** Liquidated damages; void provisions as to contractor's remedies {#sec-18a-18a-41 omnilex-key=us-nj-statutes--title-18a--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 thereof or the failure to perform said contract in accordance with its terms and conditions, or the terms and conditions of chapter 18A of Title 18A of the New Jersey Statutes. Notwithstanding any other provision of law to the contrary, it shall be void, unenforceable and against public policy for a provision in a contract entered into under Chapter 18A of Title 18A of the New Jersey Statutes to limit a contractor's remedy for the contracting unit's negligence, bad faith, active interference, tortious conduct, or other reasons uncontemplated by the parties that delay the contractor's performance, to giving the contractor an extension of time for performance under the contract. For the purposes of this section, "contractor" means a person, his assignees or legal representatives with whom a contract with a contracting unit is made.

##### **§ 18A:18A-41.1** Regulations promulgated, school districts, encourage completion of construction projects on schedule. {#sec-18a-18a-41.1 omnilex-key=us-nj-statutes--title-18a--18A:18A-41.1}

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 Development Authority, shall, pursuant to the Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate regulations for school districts concerning the incorporation of construction contract provisions that encourage the completion of construction projects on schedule.

b. At a minimum, the regulations shall include sample provisions that school districts may include in future issuances of construction contracts. In addition to any other considerations that the commissioner may deem appropriate, the regulations shall prescribe:

(1) industry-leading penalties for the late delivery of projects by contractors; and

(2) incentives for contractors who deliver projects on time and under budget.

##### **§ 18A:18A-42** Multiyear contracts. {#sec-18a-18a-42 omnilex-key=us-nj-statutes--title-18a--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.18A:18A-5 shall be awarded for a period not to exceed 12 consecutive months. Any board of education may award a contract for longer periods of time as follows:

a. Supplying of:

(1) Fuel for heating purposes, for any term not exceeding in the aggregate, three years;

(2) Fuel or oil for use of automobiles, autobuses, motor vehicles or equipment, for any term not exceeding in the aggregate, three years;

(3) Thermal energy produced by a cogeneration facility, for use for heating or air conditioning or both, for any term not exceeding 40 years, when the contract is approved by the Board of Public Utilities. For the purposes of this paragraph, "cogeneration" means the simultaneous production in one facility of electric power and other forms of useful energy such as heating or process steam; or

b. Plowing and removal of snow and ice, for any term not exceeding in the aggregate, three years; or

c. Collection and disposal of garbage and refuse, for any term not exceeding in the aggregate, three years; or

d. Data processing service, for any term of not more than seven years; or

e. Insurance, including the purchase of insurance coverages, insurance consultant or administrative services, and including participation in a joint self-insurance fund, risk management program or related services provided by a school board insurance group, or participation in an insurance fund established by a county pursuant to N.J.S.40A:10-6, or a joint insurance fund established pursuant to P.L.1983, c.372 (C.40A:10-36 et seq.), for any term of not more than three years; or

f. Leasing or servicing of automobiles, motor vehicles, electronic communications equipment, machinery and equipment of every nature and kind, and textbooks and non-consumable instructional materials, for any term not exceeding in the aggregate, five years, except that contracts for the leasing of fossil fuel school buses may be awarded for any term not exceeding in the aggregate 10 years and contracts for the leasing of electric school buses and related charging equipment and services may be awarded for any term not exceeding the service life of the electric school buses. Contracts awarded pursuant to this subsection shall be awarded only subject to and in accordance with rules and regulations promulgated by the State Board of Education; or

g. Supplying of any product or the rendering of any service by a company providing voice, data, transmission, or switching services, for a term not exceeding five years; or

h. (Deleted by amendment, P.L.1999, c.440.)

i. Driver education instruction conducted by private, licensed driver education schools, for any term not exceeding in the aggregate, three years; or

j. (Deleted by amendment, P.L.2009, c.4).

k. Any single project for the construction, reconstruction, or rehabilitation of any public building, structure, or facility, or any public works project, including the retention of the services of any architect or engineer in connection therewith, for the length of time authorized and necessary for the completion of the actual construction; or

l. Laundry service and the rental, supply, and cleaning of uniforms for any term of not more than three years; or

m. Food supplies and food services for any term of not more than three years; or

n. Purchases made under a contract awarded by the Director of the Division of Purchase and Property in the Department of the Treasury for use by counties, municipalities, or other contracting units pursuant to section 3 of P.L.1969, c.104 (C.52:25-16.1), for a term not to exceed the term of that contract; or

o. The provision or performance of goods or services for the purpose of producing class I renewable energy, as that term is defined in section 3 of P.L.1999, c.23 (C.48:3-51), at, or adjacent to, buildings owned by any local board of education, the entire price of which is to be established as a percentage of the resultant savings in energy costs, for a term not to exceed 15 years, provided, however, that these contracts shall be entered into only subject to and in accordance with guidelines promulgated by the Board of Public Utilities establishing a methodology for computing energy cost savings and energy generation costs; or

p. The provision or performance of goods or services for the purpose of providing electric school buses, on-site or off-site electric school bus charging infrastructure, and related maintenance and other related services, or any combination thereof for a specified price for a term up to the service life of the vehicle being contracted; or

q. Preschool education services provided by a licensed childcare provider or Head Start program and supported by preschool education aid pursuant to section 12 of P.L.2007, c.260 (C.18A:7F-54), for any term of not more than three years.

Any contract for services other than professional services, the statutory length of which contract is for three years or less, may include provisions for no more than one two-year, or two one-year, extensions, subject to the following limitations: (1) the contract shall be awarded by resolution of the board of education upon a finding by the board of education that the services are being performed in an effective and efficient manner; (2) no such contract shall be extended so that it runs for more than a total of five consecutive years; (3) any price change included as part of an extension shall be based upon the price of the original contract as cumulatively adjusted pursuant to any previous adjustment or extension and shall not exceed the change in the index rate for the 12 months preceding the most recent quarterly calculation available at the time the contract is renewed; and (4) the terms and conditions of the contract remain substantially the same.

All multiyear leases and contracts entered into pursuant to this section, including any two-year or one-year extensions, except contracts for insurance coverages, insurance consultant or administrative services, participation or membership in a joint self-insurance fund, risk management programs or related services of a school board insurance group, participation in an insurance fund established by a county pursuant to N.J.S.40A:10-6 or contracts for thermal energy authorized pursuant to subsection a. above, and contracts for the provision or performance of goods or services to promote energy conservation through the production of class I renewable energy, authorized pursuant to subsection o. of this section, shall contain a clause making them subject to the availability and appropriation annually of sufficient funds as may be required to meet the extended obligation, or contain an annual cancellation clause. All contracts shall cease to have effect at the end of the contracted period and shall not be extended by any mechanism or provision, unless in conformance with the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., except that a contract may be extended by mutual agreement of the parties to the contract when a board of education has commenced rebidding prior to the time the contract expires or when the awarding of a contract is pending at the time the contract expires.

##### **§ 18A:18A-42.2** Report to board on school district contracts. {#sec-18a-18a-42.2 omnilex-key=us-nj-statutes--title-18a--18A:18A-42.2}

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 will be awarded, subject to renewal, or expire during the school year; and an explanation of all applicable federal and State laws, rules, and regulations relating to those contracts.

b. Prior to the execution, extension, or renewal of any school district contract that was not included in the report prepared pursuant to subsection a. of this section, the school business administrator shall notify the board of education in writing of all applicable federal and State laws, rules, and regulations relating to the contract.

##### **§ 18A:18A-43** Supervision of school building repairs {#sec-18a-18a-43 omnilex-key=us-nj-statutes--title-18a--18A:18A-43}

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 appropriate officer of the board as provided by N.J.S. 18A:16-1.2.

##### **§ 18A:18A-44** Inspection, condemnation and rejection of work and materials. {#sec-18a-18a-44 omnilex-key=us-nj-statutes--title-18a--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 purchasing agent of the district, they may be inspected by an appropriate officer employed by the board to whom such power shall have been delegated by the board, and subject to the approval of the board the purchasing agent or such officer, as the case may be, shall condemn any goods or services which in his judgment do not conform to the specifications of the contract therefor.

##### **§ 18A:18A-45** Manner and method of sale. {#sec-18a-18a-45 omnilex-key=us-nj-statutes--title-18a--18A:18A-45}

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 to be sold exceeds 15 percent of the bid threshold in any one sale and it is neither livestock nor perishable goods, it shall be sold at public sale to the highest bidder.

b. Notice of the date, time and place of the public sale, together with a description of the items to be sold and the conditions of sale, shall be published once in an official newspaper. Such sale shall be held not less than seven nor more than 14 days after the publication of the notice thereof.

c. Personal property may be sold to the United States, the State of New Jersey, another board of education, any body politic, any foreign nation which has diplomatic relations with the United States, or any governmental unit in these United States by private sale without advertising for bids.

d. If no bids are received the property may then be sold at private sale without further publication or notice thereof, but in no event at less than the estimated fair value; or the board of education may if it so elect, reoffer the property at public sale. As used herein, "estimated fair value" means the market value of the property between a willing seller and a willing buyer less the cost to the board of education to continue storage or maintenance of any personal property not needed for school purposes to be sold pursuant to this section.

e. A board of education may reject all bids if it determines such rejection to be in the public interest. In any case in which the board of education has rejected all bids, it may readvertise such personal property for a subsequent public sale. If it elects to reject all bids at a second public sale, pursuant to this section, it may then sell such personal property without further publication or notice thereof at private sale, provided that in no event shall the negotiated price at private sale be less than the highest price of any bid rejected at the preceding two public sales and provided further that in no event shall the terms or conditions of sale be changed or amended.

f. If the estimated fair value of the property to be sold does not exceed the applicable bid threshold established pursuant to subsection a. of this section in any one sale or is either livestock or perishable goods, it may be sold at private sale without advertising for bids.

g. Notwithstanding the provisions of this section, by resolution of the board of education, a purchasing agent may include the sale of personal property no longer needed for school purposes as part of specifications to offset the price of a new purchase.

##### **§ 18A:18A-46** No action for damages for action by officials {#sec-18a-18a-46 omnilex-key=us-nj-statutes--title-18a--18A:18A-46}

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.

##### **§ 18A:18A-46.1** Limitation on withholding of State funds from school districts for certain violations of public school contracts law. {#sec-18a-18a-46.1 omnilex-key=us-nj-statutes--title-18a--18A:18A-46.1}

1. a. Notwithstanding any law to the contrary, except as otherwise provided in this section, the Commissioner of Education shall not withhold State funds from any school district, or require any school district to remit any State funds previously paid to that district, because of any act or omission by the district which the commissioner determines to have been taken or permitted to occur in violation of the extraordinary unspecifiable services exception to the requirements for public advertisement and bidding as set forth in N.J.S.18A:18A-5, unless the commissioner determines that:(1)the act or omission was the result of any collusion between any officer or employee of the district and any contract vendor; or (2) the act or omission was prompted by an intent on the part of any officer or employee of the district to evade the public advertisement and bidding requirements of the "Public School Contracts Law," N.J.S.18A:18A-1 et seq.; or (3) a prior act or omission resulted in a withholding of State funds or a remission of State funds due to a violation of the extraordinary unspecifiable services exception to the requirements for public advertisement and bidding as set forth in N.J.S.18A:18A-5.

b. If the commissioner determines that the violation was caused by negligence and none of the provisions in paragraph (3) in subsection a. are met, the amount of State funds withheld shall not exceed 10% of the contract amount, or in the case of multiple contracts, 10% of the total amount of the contracts, or $25,000, whichever is less.

c. Any school district from which the commissioner withheld funds or has sought to collect funds prior to the effective date of this act due to a determination that the district acted or permitted an action to occur in violation of the extraordinary unspecifiable services exception to the requirements for public advertising and bidding as set forth in N.J.S.18A:18A-5 may apply to the commissioner for restoration of funds so withheld. If the commissioner determines that none of the provisions set forth in paragraph (1), (2) or (3) in subsection a. or in subsection b. applies, the commissioner shall remit to the school district the applicable funds previously withheld or forgive any amounts pending collection.

d. The limitations placed upon the commissioner pursuant to this act shall not restrict the commissioner's authority to supervise the compliance by school districts with the requirements of the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., and to seek all other remedies pursuant to Title 18A of the New Jersey Statutes.

##### **§ 18A:18A-47** Indemnity agreement with the United States, etc. {#sec-18a-18a-47 omnilex-key=us-nj-statutes--title-18a--18A:18A-47}

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 of any project, undertaken or to be undertaken by the Federal Government for the benefit of such board of education where the cost or any part thereof is to be paid out of Federal funds.

##### **§ 18A:18A-48** Contracts, etc.; validated and confirmed {#sec-18a-18a-48 omnilex-key=us-nj-statutes--title-18a--18A:18A-48}

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 confirmed, provided that in no event shall a lease of personal property entered into prior to the effective date of this chapter be renewed or extended, except in accordance with the terms and provisions of this chapter.

##### **§ 18A:18A-49** Approval required for school building {#sec-18a-18a-49 omnilex-key=us-nj-statutes--title-18a--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 building or vocational school building or any part thereof by the Bureau of Facility Planning Services in the Department of Education or an appropriately licensed municipal code official.

##### **§ 18A:18A-49.1** Transportation of pupils to and from schools {#sec-18a-18a-49.1 omnilex-key=us-nj-statutes--title-18a--18A:18A-49.1}

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.

##### **§ 18A:18A-49.2** Rules. {#sec-18a-18a-49.2 omnilex-key=us-nj-statutes--title-18a--18A:18A-49.2}

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 implementing the provisions of the "Public School Contracts Law," N.J.S.18A:18A-1 et seq.

##### **§ 18A:18A-49.3** Contract for taking yearbook pictures, use of other photographers' photos permitted. {#sec-18a-18a-49.3 omnilex-key=us-nj-statutes--title-18a--18A:18A-49.3}

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 a photographer of the pupil's choice nor prevent a picture taken by that photographer from appearing in the yearbook if the picture meets the specifications of the yearbook staff.

##### **§ 18A:18A-49.4** Civil action brought on behalf of board of education. {#sec-18a-18a-49.4 omnilex-key=us-nj-statutes--title-18a--18A:18A-49.4}

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.25 (C.52:32-55 et al.), except that the board shall rely on the list developed by the State Department of the Treasury pursuant to section 3 of P.L.2012, c.25 (C.52:32-57).

b. If the board determines that a person or entity has submitted a false certification concerning its engagement in investment activities in Iran under section 4 of P.L.2012, c.25 (C.52:32-58), the board shall report to the New Jersey Attorney General the name of that person or entity, and the Attorney General shall determine whether to bring a civil action against the person to collect the penalty prescribed in paragraph (1) of subsection a. of section 5 of P.L.2012, c.25 (C.52:32-59).

The board may also report to the board's attorney the name of that person, together with its information as to the false certification, and the board's attorney may determine to bring such civil action against the person to collect such penalty.

##### **§ 18A:18A-49.5** Board of education, compliance; report of false certification. {#sec-18a-18a-49.5 omnilex-key=us-nj-statutes--title-18a--18A:18A-49.5}

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.L.2022, c.3 (C.52:32-60.1 et al.), except that the board shall rely on the list developed by the Department of the Treasury pursuant to subsection b. of section 1 of P.L.2022, c.3 (C.52:32-60.1).

b. If the board determines that a person or entity has submitted a false certification concerning its engagement in prohibited activities in Russia or Belarus pursuant to section 1 of P.L.2022, c.3 (C.52:32-60.1), the board shall report to the New Jersey Attorney General the name of that person, and the Attorney General shall determine whether to bring a civil action against the person to collect the penalty prescribed in subsection c. of section 1 of P.L.2022, c.3 (C.52:32-60.1).

c. The board may also report to the board's attorney the name of that person, together with its information as to the false certification, and the board's attorney may determine to bring such civil action against the person to collect such penalty.

##### **§ 18A:18A-50** Statutes repealed {#sec-18a-18a-50 omnilex-key=us-nj-statutes--title-18a--18A:18A-50}

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; C. 18A:18-2.2).

##### **§ 18A:18A-51** Definitions {#sec-18a-18a-51 omnilex-key=us-nj-statutes--title-18a--18A:18A-51}

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, Central America, or the Caribbean Islands, regardless of race; or

(3) Asian-American, which is a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, Hawaii, or the Pacific Islands; or

(4) American Indian or Alaskan native, which is a person having origins in any of the original peoples in North America;

b. "Women's business enterprise" means a business which is independently owned and operated, which is qualified pursuant to N.J.S. 18A:18A-27 and which is:

(1) A sole proprietorship owned and controlled by a woman;

(2) A partnership or joint venture owned and controlled by women in which at least 51% of the ownership is held by women and the management and daily business operations of which are controlled by one or more women who own it; or

(3) A corporation or other entity whose management and daily business operations are controlled by one or more women who own it, and which is at least 51% owned by women, or if stock is issued, at least 51% of the stock is owned by one or more women;

c. "Minority business enterprise" means a business which is independently owned and operated, which is qualified pursuant to N.J.S. 18A:18A-27 and which is:

(1) A sole proprietorship, owned and controlled by a minority;

(2) A partnership or joint venture owned and controlled by minorities in which at least 51% of the ownership interest is held by minorities and the management and daily business operations of which are controlled by one or more of the minorities who own it; or

(3) A corporation or other entity whose management and daily business operations are controlled by one or more minorities who own it, and which is at least 51% owned by one or more minorities, or if stock is issued, at least 51% of the stock is owned by one or more minorities;

d. "Small business enterprise" means a business which is independently owned and operated, which is qualified pursuant to N.J.S. 18A:18A-27 and which is a sole proprietorship, partnership or corporation which is a size and type defined by the Commissioner of the Department of Commerce, Energy and Economic Development;

e. "Set-aside contract" means (1) a contract for goods, equipment, construction, or services which is designated as a contract for which bids are invited and accepted only from small business enterprises, minority business enterprises or women's business enterprises, as appropriate, (2) a portion of a contract when that portion has been so designated, or (3) any other purchase or procurement so designated; and

f. "Total procurements" means all purchases, contracts or acquisitions of a board of education, whether by competitive bidding, single source contracting, or other method of procurement, as prescribed or permitted by law.

##### **§ 18A:18A-52** Set-aside programs {#sec-18a-18a-52 omnilex-key=us-nj-statutes--title-18a--18A:18A-52}

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 procurements to be awarded as set-aside contracts to minority business enterprises.

b. A board of education may, by resolution, establish a women's 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 procurements to be awarded as set-aside contracts to women's business enterprises.

c. A board of education may, by resolution, establish a small 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 procurements to be awarded as set-aside contracts to small business enterprises.

##### **§ 18A:18A-53** Attainment of goals {#sec-18a-18a-53 omnilex-key=us-nj-statutes--title-18a--18A:18A-53}

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 designating entire contracts to these enterprises.

b. Each board of education shall make a good faith effort to attain any goal established.

##### **§ 18A:18A-54** "Public School Contracts Law" applicable {#sec-18a-18a-54 omnilex-key=us-nj-statutes--title-18a--18A:18A-54}

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 provisions of this act.

##### **§ 18A:18A-55** Designation of contracts {#sec-18a-18a-55 omnilex-key=us-nj-statutes--title-18a--18A:18A-55}

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 program shall designate that a contract, subcontract or other means of procurement of goods, services, equipment, or construction shall be awarded to a small business enterprise, a minority business enterprise or a women's business enterprise, if the board is likely to receive bids from at least two small business enterprises, minority business enterprises or women's business enterprises, as appropriate, at a fair and reasonable price.

The designations shall be made prior to any advertisement for bids, if required. Once designated, the advertisement for bids, if necessary, shall indicate that the contract to be awarded is a small business enterprise set-aside contract, a minority business enterprise set-aside contract or a women's business enterprise set-aside contract, as appropriate. All advertisements for bids shall be published in at least one newspaper which will best provide notice thereof to small business enterprises, minority business enterprises or to women's business enterprises, as appropriate, sufficiently in advance of the date fixed for receiving the bids to promote competitive bidding, but shall not be published less than 10 days prior to that date.

##### **§ 18A:18A-56** Withdrawal of designation {#sec-18a-18a-56 omnilex-key=us-nj-statutes--title-18a--18A:18A-56}

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 pursuant to the provisions of N.J.S. 18A:18A-1 et seq. The cancelled designation shall not be considered in determining whether or not the board attained its goal established pursuant to section 2 of this act.

b. If the board of education determines that the acceptance of the lowest responsible bid will result in the payment of an unreasonable price, the board shall reject all bids and withdraw the designation of the set-aside contract. Small business enterprises, minority business enterprises or women's business enterprises, as appropriate, shall be notified in writing of the set-aside cancellation, the reasons for the rejection and the board's intent to resolicit bids on an unrestricted basis pursuant to the provisions of N.J.S. 18A:18A-1 et seq. The cancelled bid solicitation shall not be considered in determining whether or not the board attained its goal established pursuant to section 2 of this act.

##### **§ 18A:18A-57** Annual report {#sec-18a-18a-57 omnilex-key=us-nj-statutes--title-18a--18A:18A-57}

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 efforts in attaining the set-aside goals and the percentage of the dollar value of total procurements awarded in the immediately preceding local fiscal year. The board of education shall publish a list of its attainments in at least one newspaper circulating in the school district by March 1 of each year.

##### **§ 18A:18A-58** Rules, regulations {#sec-18a-18a-58 omnilex-key=us-nj-statutes--title-18a--18A:18A-58}

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 necessary to effectuate the purposes of this act.

##### **§ 18A:18A-59** False information; penalties {#sec-18a-18a-59 omnilex-key=us-nj-statutes--title-18a--18A:18A-59}

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 business and has been awarded a contract to which it would not otherwise have been entitled under this act, the local board of education shall have the authority to:

a. Assess the business any difference between the contract amount and what the local board of education's cost would have been if the contract had not been awarded in accordance with the provisions of this act;

b. In addition to the amount due under subsection a., assess the business a penalty in an amount of not more than 10% of the amount of the contract involved; and

c. Order the business ineligible to transact any business with the local board of education for a period to be determined by the local board of education.

Prior to any final determination, assessment or order under this section, the local board of education shall afford the business an opportunity for a hearing on the reasons for the imposition of the penalties set forth in subsection a., b. or c. of this section.

##### **§ 18A:18A-60** Definitions relative to school district partnership with private entities. {#sec-18a-18a-60 omnilex-key=us-nj-statutes--title-18a--18A:18A-60}

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 solicitation for multiple projects in one single contract, through a public-private partnership project delivery method, the result of which restricts competition.

"Project" shall have the same meaning as provided in section 3 of P.L.2000, c.72 (C.18A:7G-3) for school facilities project, and shall include any infrastructure or facility used or to be used by the public or in support of a public purpose or activity.

"Public-private partnership agreement" means an agreement entered into by a school district and a private entity pursuant to this section for the purpose of permitting a private entity to assume full financial and administrative responsibility for the development, construction, reconstruction, repair, alteration, improvement, extension, operation, and maintenance of a school facilities project of, or for the benefit of, the school district.

"School district" shall have the same meaning as provided in section 3 of P.L.2000, c.72 (C.18A:7G-3) and includes a local school district, regional school district, or county special services school district or county vocational school established and operating under the provisions of Title 18A of the New Jersey Statutes that can demonstrate to the satisfaction of the Commissioner of Education and the Chief Executive Officer of the Schools Development Authority that a school facility is necessary due to overcrowding or is in need of replacement. The term "school district" shall include a charter school established under P.L.1995, c.426 (C.18A:36A-1 et seq.)

b. (1) A school district may enter into a contract with a private entity, subject to subsection f. of this section, to be referred to as a public-private partnership agreement, that permits the private entity to assume full financial and administrative responsibility for a project of, or for the benefit of, the school district, except that a school district may, by resolution, draw against its capital reserve account in order to finance a portion of a project for which a school district and private entity enter into a public-private partnership agreement pursuant to the provisions of this section.

(2) A public-private partnership agreement may include an agreement under which a school district and a private entity enter into a lease of a revenue-producing public building, structure, or facility in exchange for up-front or structured financing by the private entity for the project. Under the lease agreement, the private entity shall be responsible for the management, operation, and maintenance of the building, structure, or facility. The private entity shall receive some or all, as per the agreement, of the revenue generated by the building, structure, or facility, and shall operate the building, structure, or facility in accordance with school district standards. At the end of the lease term, subsequent revenue generated by the building, structure, or facility, along with management, operation, and maintenance responsibility, shall revert to the school district. A lease agreement entered into pursuant to this section shall be limited in duration to a term of not more than 30 years. A lease agreement shall be subject to all applicable provisions of current law governing leases by a school district not inconsistent with the provisions of this section.

(3) Bundling of projects shall be prohibited under this section.

c. (1) A private entity that assumes financial and administrative responsibility for a project pursuant to this section shall not be subject to, unless otherwise set forth herein, the procurement and contracting requirements of all statutes applicable to the school district at which the project is completed, including, but not limited to, the "Public School Contracts Law," N.J.S.18A:18A-1 et seq.

(2) For the purposes of facilitating the financing of a project pursuant to this section, a public entity may become the owner or lessee of the project or the lessee of the land, or both, may become the lessee of a building, structure, or facility to which the school district holds title, may issue indebtedness in accordance with the public entity's enabling legislation and, notwithstanding any provision of law to the contrary, shall be empowered to enter into contracts with a private entity and its affiliates without being subject to the procurement and contracting requirements of any statute applicable to the public entity provided that the private entity has been selected by the school district pursuant to a solicitation of proposals or qualifications from at least two private entities. For the purposes of this subsection, a public entity shall include the New Jersey Economic Development Authority, and any project undertaken pursuant to this section of which the authority becomes the owner or lessee, or which is situated on land of which the authority becomes the lessee, shall be deemed a "project" under "The New Jersey Economic Development Authority Act," P.L.1974, c.80 (C.34:1B-1 et seq.).

(3) Prior to the commencement of work on a project, the private entity shall establish a construction account and appoint a third-party financial institution, who shall be prequalified by the State Treasurer to act as a collateral agent and manage the construction account. The construction account shall include the funding, financial instruments, or both, that shall be used to fully capitalize and fund the project, and the collateral agent shall maintain a full accounting of the funds and instruments in the account. The funds and instruments in the construction account shall be held in trust for the benefit of the contractor, construction manager, and design-build team involved in the project. The funds and instruments in the construction account shall not be the property of the private entity unless all amounts due to the construction account beneficiaries are paid in full. The construction account shall not be designated for more than one project.

d. Each worker employed in the construction, rehabilitation, or building maintenance services of facilities by a private entity that has entered into a public-private partnership agreement with a school district pursuant to this section shall be paid not less than the prevailing wage rate for the worker's craft or trade as determined by the Commissioner of Labor and Workforce Development pursuant to P.L.1963, c.150 (C.34:11-56.25 et seq.) and P.L.2005, c.379 (C.34:11-56.58 et seq.).

e. (1) All building construction projects under a public-private partnership agreement entered into pursuant to this section shall contain a project labor agreement. The project labor agreement shall be subject to the provisions of P.L.2002, c.44 (C.52:38-1 et seq.), and shall be in a manner that to the greatest extent possible enhances employment opportunities for individuals residing in the county of the project's location. The general contractor, construction manager, design-build team, or subcontractor for a construction project proposed in accordance with this paragraph shall be registered pursuant to the provisions of P.L.1999, c.238 (C.34:11-56.48 et seq.), and shall be classified by the Division of Property Management and Construction, or shall be prequalified by the Department of Transportation, as appropriate, to perform work on a public-private partnership project.

(2) All projects proposed in accordance with this section shall be submitted to the State Treasurer, in consultation with the Department of Education, Schools Development Authority, and the New Jersey Economic Development Authority for a review and approval in accordance with subsection f. of this section prior to the execution of the public-private partnership agreement and, when practicable, are encouraged to adhere to the Leadership in Energy and Environmental Design Green Building Rating System as adopted by the United States Green Building Council, the Green Globes Program adopted by the Green Building Initiative, or a comparable nationally recognized, accepted, and appropriate sustainable development rating system.

(3) The general contractor, construction manager, or design-build team shall be required to post a performance bond to ensure the completion of the project and a payment bond guaranteeing prompt payment of moneys due in accordance with and conforming to the requirements of N.J.S.2A:44-143 et seq.

(4) Prior to being submitted to the State Treasurer for review and approval, all projects proposed in accordance with this section shall be subject to a public hearing, the record of which shall have been kept open for a period of seven days following the conclusion of the hearing, after the ranking of proposals takes place pursuant to paragraph (5) of subsection j. of this section. The school district shall provide notice of the public hearing no less than 14 days prior to the date of the hearing. The notice shall prominently state the purpose and nature of the proposed project, and shall be published on the official Internet website of the school district and in at least one or more newspapers with Statewide circulation.

(5) Prior to entering into a public-private partnership, the school district must determine: (i) the benefits to be realized by the project, (ii) the cost of the project if it is developed by the public sector supported by comparisons to comparable projects, (iii) the maximum public contribution that the school district will allow under the public-private partnership, (iv) a comparison of the financial and non-financial benefits of the public-private partnership compared to other options including the public sector option, (v) a list of risks, liabilities and responsibilities to be transferred to the private entity and those to be retained by the school district, and (vi) if the project has a high, medium or low level of project delivery risk and how the public is protected from these risks.

(6) Prior to entering into a public-private partnership, the school district at a public hearing shall find that the project is in the best interest of the public by finding that (i) it will cost less than the public sector option, or if it costs more there are factors that warrant the additional expense, (ii) there is a public need for the project and the project is consistent with existing long-term plans, (iii) there are specific significant benefits to the project, (iv) there are specific significant benefits to using the public-private partnership instead of other options including No-Build, (v) the private development will result in timely and efficient development and operation, and (vi) the risks, liabilities and responsibilities transferred to the private entity provide sufficient benefits to warrant not using other means of procurement.

f. (1) All projects proposed in accordance with this section shall be submitted to the State Treasurer for review and approval, which shall be conducted in consultation with the Commissioner of the Department of Education and the Chief Executive Officer of the Schools Development Authority. The Commissioner of the Department of Education shall determine if a project is subject to voter approval pursuant to N.J.S.18A:24-10. If a project is subject to voter approval, such approval is required prior to progressing thru the procurement process. The projects are encouraged, when practicable, to adhere to the green building manual prepared by the Commissioner of Community Affairs pursuant to section 1 of P.L.2007, c.132 (C.52:27D-130.6).

(2) All projects proposed in accordance with this section that have a transportation component or impact the transportation infrastructure shall be submitted to the Department of Transportation. The State Treasurer shall consult with the Department of Transportation in making its final determination.

(3) (a) In order for an application to be complete and considered by the State Treasurer, the application shall include, but not be limited to: (i) a full description of the proposed public-private partnership agreement between the school district and the private developer, including all information obtained by and findings of the school district pursuant to paragraphs (4) and (5) of subsection (e) of this section; (ii) a full description of the project, including a description of any agreement for the lease of a revenue-producing facility related to the project; (iii) the estimated costs and financial documentation for the project showing the underlying financial models and assumptions that determined the estimated costs. The financial documentation must include at least three different projected estimated costs showing scenarios in which materially different economic circumstances are assumed and an explanation for how the estimated costs were determined based on the three scenarios; (iv) a timetable for completion of the construction of the project; (v) an analysis of all available funding options for the project, including an analysis of the financial viability and advisability of such project, along with evidence of the public benefit in advancing the project as a public-private partnership; (vi) a record of the public hearing held pursuant to paragraph (4) of subsection e. of this section, which shall have been kept open for a period of seven days following the conclusion of the hearing; (vii) any other requirements that the State Treasurer deems appropriate or necessary. The application shall also include a resolution by the school district's governing body of its intent to enter into a public-private partnership agreement pursuant to this section.

(b) As part of the estimated costs and financial documentation for the project, the application shall contain a long-range maintenance plan and a long-range maintenance bond and shall specify the expenditures that qualify as an appropriate investment in maintenance. The long-range maintenance plan shall be approved by the State Treasurer pursuant to regulations promulgated by the State Treasurer that reflect national building maintenance standards and other appropriate building maintenance benchmarks.

(4) The State Treasurer, in consultation with the authority, the Commissioner of the Department of Education, and the Chief Executive Officer of the Schools Development Authority, shall review all completed applications, and request additional information as is needed to make a complete assessment of the project. No public-private partnership agreement shall be executed until approval has been granted by the State Treasurer. Prior to a final decision by the State Treasurer on the application, the authority, the Department of Education, and the Schools Development Authority shall be afforded the opportunity to provide comments on the application that they deem appropriate, and the State Treasurer shall consider any comments submitted by the authority, the Department of Education, and the Schools Development Authority with respect to the application. The State Treasurer will find that: (i) the school district's assumptions regarding the project's scope, its benefits, its risks and the cost of the public sector option were fully and reasonably developed (ii) the design of the project is feasible; (iii) the experience and qualifications of the private entity; (iv) the financial plan is sound; (v) the long-range maintenance plan is adequate to protect the investment; (vi) the project is in the best interest of the public, using the criteria in paragraph (6) of subsection e. of this section; (vii) a resolution by the school district's governing body of its intent to enter into a public-private partnership agreement for the project has been received; and (viii) the term sheet for any proposed procurement contains all necessary elements.

(5) The State Treasurer, in consultation with the Commissioner of the Department of Education and Chief Executive Officer of the Schools Development Authority, may promulgate any rules and regulations necessary to implement this subsection, including, but not limited to, provisions for fees to cover administrative costs, and for the determination of minimum school district standards for the operation of the project, and for the qualification for professional services, construction contracting, and other relevant qualifications.

g. A project with an expenditure of under $50 million developed under a public-private partnership agreement shall include a requirement that precludes contractors from engaging in the project if the contractor has contributed to the private entity's financing of the project in an amount of more than 10% of the project's financing costs.

h. The power of eminent domain shall not be delegated to any private entity under the provisions of P.L.2018, c.90 (C.40A:11-52 et al.); however, a school district may dedicate any property interest, including improvements, and tangible personal property of the school district for public use in a qualifying project if the school district finds that so doing will serve the public purpose of the project by minimizing the cost of the project to the school district or reducing the delivery time of a project.

i. Any public-private partnership agreement, if appropriate, shall include provisions affirming that the agreement and any work performed under the agreement are subject to the provisions of the "Construction Industry Independent Contractor Act," P.L.2007, c.114 (C.34:20-1 et seq.). Any public-private partnership agreement will also include, at a minimum: (i) the term of the agreement, (ii) the total project cost, (iii) a completion date guarantee, (iv) a provision for damages if the private entity fails to meet the completion date, and (v) a maximum rate of return to the private entity and a provision for the distribution of excess earnings to the local government unit or to the private party for debt reduction.

j. (1) A private entity seeking to enter into a public-private partnership agreement with the school district shall be qualified by the school district as part of the procurement process, provided such process ensures that the private entity and its subcontractors and consultants, where relevant, meet at least the minimum qualifications standards promulgated by the State Treasurer, in consultation with the New Jersey Economic Development Authority, Department of Education, Schools Development Authority, and such other school district standards for qualification for professional services, construction contracting, and other qualifications applicable to the project, prior to submitting a proposal under the procurement process.

(2) A request for qualifications for a public-private partnership agreement shall be advertised at least 45 days prior to the anticipated date of receipt. The advertisement of the request for qualifications shall be published on the official Internet website of the school district and at least one or more newspapers with Statewide circulation.

(3) After the school district determines the qualified respondents utilizing, at minimum, the qualification standards promulgated by the State Treasurer, the school district shall issue a request for proposals to each qualified respondent no less than 45 days prior to the date established for submission of the proposals. The request for proposals shall include relevant technical submissions, documents, and the evaluation criteria to be used in the selection of the designated respondent. The evaluation criteria shall be, at minimum, criteria promulgated by the State Treasurer, in consultation with the New Jersey Economic Development Authority, Department of Education, and Schools Development Authority.

(4) The school district may accept unsolicited proposals from private entities for public-private partnership agreements. If the school district receives an unsolicited proposal and determines that it meets the standards of this section, the school district shall publish a notice of the receipt of the proposal on the Internet site of the school district and through advertisement in at least one or more newspapers with Statewide circulation. The school district shall also provide notice of the proposal at its next scheduled public meeting and to the State Treasurer. To qualify as an unsolicited proposal, the unsolicited proposal must at a minimum include a description of the public-private project, the estimated construction and life-cycle costs, a timeline for development, proposed plan of financing, including projected revenues, public or private, debt, equity investment, description of how the project meets needs identified in existing plans, the permits and approvals needed to develop the project from local, state and federal agencies and a projected schedule for obtaining such permits and approvals, a statement of risks, liabilities and responsibilities to be assumed by the private entity. The notice shall provide that the school district will accept, for 120 days after the initial date of publication, proposals meeting the standards of this section from other private entities for eligible projects that satisfy the same basic purpose and need. A copy of the notice shall be mailed to each municipal and county local government body in the geographic area affected by the proposal.

(5) After the proposal or proposals have been received, and any public notification period has expired, the school district shall rank the proposals in order of preference. In ranking the proposals, the school district shall rely upon, at minimum, the evaluation criteria promulgated by the State Treasurer, in consultation with the New Jersey Economic Development Authority, Department of Education, and Schools Development Authority. In addition, the local school district may consider factors that include, but may not be limited to, professional qualifications, general business terms, innovative engineering, architectural services, or cost-reduction terms, finance plans, and the need for school district funds to deliver the project and discharge the agreement. The private entity selected shall comply with all laws and regulations required by the State government entity, including but not limited to section 1 of P.L.2001, c.134 (C.52:32-44), sections 2 through 8 of P.L.1975, c.127 (C.10:5-32 to 38), section 1 of P.L.1977, c.33 (C.52:25-24.2), P.L.2005, c.51 (C.19:44A-20.13 et al.); P.L.2005, c.271 (C.40A:11-51 et al.), Executive Order No. 117 of 2008, Executive Order No. 118 of 2008, Executive Order No. 189, prior to executing the public private partnership agreement. If only one proposal is received, the school district shall negotiate in good faith and, if not satisfied with the results of the negotiations, the school district may, at its sole discretion, terminate negotiations.

(6) The school district may require, upon receipt of one or more proposals, that the private entity assume responsibility for all costs incurred by the school district before execution of the public-private partnership agreement, including costs of retaining independent experts to review, analyze, and advise the school district with respect to the proposal.

(7) The school district shall set aside one percent of each project and remit it the Public-Private Partnership Review fund established pursuant to section 8 of P.L.2018, c.90 (C.52:18A-260), for purposes of plan review and analysis required under the bill.

(8) Nothing in this section shall be construed as or deemed a waiver of the sovereign immunity of the State, the local government unit or an affected locality or public entity or any officer or employee thereof with respect to the participation in or approval of all or any part of the public-private project.

##### **§ 18A:18A-61** Definitions. {#sec-18a-18a-61 omnilex-key=us-nj-statutes--title-18a--18A:18A-61}

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 Legislature of the State of New Jersey and any instrumentality or agency of the State of New Jersey or of any of its political subdivisions, authorizing the execution of a design-build contract.

"Contracting unit" means a government entity that enters into contracts pursuant to the "Public School Contracts Law," N.J.S.18A:18A-1 et seq.

"Delivery system" means the procedure used to develop and construct a project.

"Design-bid-build" means the delivery system used in public projects in which a licensed and prequalified design professional or designated employee develops the project design in its entirety; the contracting unit then solicits bids and awards the contract to the lowest responsible bidder that demonstrates the ability to complete the project specified in the design.

"Design-build contract" means a contract between a contracting unit and a design-builder to provide labor, materials, and other construction services for a public project. A design-build contract may be conditional upon subsequent refinements in scope and price, and may permit the contracting unit to make changes in the scope of the project without invalidating the design-build contract.

"Design-builder" means the entity, whether natural person, partnership, joint stock company, corporation, trust, professional corporation, business association, or other legal business entity or successor, that proposes to design and construct any public project, who is registered pursuant to the provisions of P.L.1999, c.238 (C.34:11-56.48 et seq.), and classified by the New Jersey Division of Property Management and Construction or the New Jersey Department of Transportation, where applicable, to perform work on a design-build project.

"Design professional" means the entity, whether natural person, partnership, joint stock company, corporation, trust, professional corporation, business association, or other legal business entity or successor that provides licensed and prequalified architectural, engineering, or surveying services in accordance with R.S.45:3-1 et seq., and P.L.1938, c.342 (C.45:8-27 et seq.), and that shall be responsible for planning, designing and observing the construction of the project or projects.

"Evaluation factors" means the requirements for the first phase of the selection process, and shall include, but not be limited to: specialized experience, training certification of professional and field workforce, technical competence, capacity to perform, safety modification rating, past performance and other appropriate factors. Price shall only be considered in the second phase of the selection process.

"Proposal" means an offer to enter into a design-build contract.

"Stipend" means the fee paid to a design-builder by the contracting unit to encourage competition.

##### **§ 18A:18A-62** Entry into design-build contracts permitted. {#sec-18a-18a-62 omnilex-key=us-nj-statutes--title-18a--18A:18A-62}

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 the project or projects under consideration, it shall be the public policy of this State to permit that contracting unit to enter into design-build contracts as defined in section 34 of P.L.2021, c.71 (C.18A:18A-61), provided the following conditions are met:

(1) The project or projects under consideration have a cost equal to or exceeding $5,000,000.

(2) The contracting unit shall, prior to issuing solicitations, publish procedures consistent with regulations promulgated by the Department of Community Affairs, in consultation with the Department of Education, where applicable for the solicitation and award of design-build contracts, and shall adhere to sections 34 through 41 of P.L.2021, c.71 (C.18A:18A-61 through C.18A:18A-68) and those procedures; and

(3) The contracting unit shall, for each public project or projects under sections 34 through 41 of P.L.2021, c.71 (C.18A:18A-61 through C.18A:18A-68), make a determination based on the timeliness of the project or projects that it is in the best interest of the public to enter into a design-build contract to complete the public project or projects.

b. All workers employed in a design-build construction project shall be paid the prevailing wage determined by the Commissioner of Labor pursuant to the provisions of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.).

c. All design-build construction projects shall be encouraged to adhere to the Leadership in Energy and Environmental Design Green Building Rating System as adopted by the United States Green Building Council, the Green Globes Program adopted by the Green Building Initiative, or a comparable nationally recognized, accepted, and appropriate sustainable development system.

d. Any design-build contract awarded pursuant to sections 34 through 41 of P.L.2021, c.71 (C.18A:18A-61 through C.18A:18A-68) may be reviewed by the Office of the State Comptroller.

##### **§ 18A:18A-63** Procedures for awarding design-build contracts. {#sec-18a-18a-63 omnilex-key=us-nj-statutes--title-18a--18A:18A-63}

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 of the contracting unit licensed to provide architectural, engineering, or surveying services, to provide technical advice, construction review services, and professional expertise on behalf of the contracting unit;

(2) The contracting unit shall develop, with the assistance of the design professional or designated employee, performance criteria and a scope of work statement that defines the project and provides prospective design-builders with sufficient information regarding the contracting unit's requirements. The statement shall include: evaluation factor criteria and preliminary design documents, general budget parameters, and general schedule or delivery requirements to enable the design-builders to submit proposals which meet the contracting unit's needs. When the design-build selection procedure is used and the contracting unit contracts for development of the scope of work statement, the design-builder shall contract for architectural or engineering services as defined by and in accordance with R.S.45:3-1 et seq., P.L.1938, c.342 (C.45:8-27 et seq.), and all other applicable licensing statutes;

(3) Once the contracting unit has developed a scope of work statement which adequately defines the contracting unit's requirements for the project or projects, the contracting unit shall solicit proposals of qualification from design-builders. The contracting unit shall solicit proposals of qualification in accordance with the requirements of the applicable public procurement laws of the State of New Jersey.

(4) The contracting unit shall establish a technical review committee, which shall consist of a representative of the contracting unit, the contracting unit's project manager, and the contracting unit's authorized design professional. The contracting unit's attorney may advise the technical review committee. The technical review committee shall have the responsibility to evaluate bids based on rating and scoring proposals, and shall evaluate design-builders based on their qualifications. A member of the technical review committee shall not have a personal or financial interest in any of the design-builders submitting proposals.

b. The factors used to evaluate proposals of qualification shall be stated in the solicitation and shall include, but not be limited to: specialized experience and technical competence, training certification of professional and field workforce, principal location of the company, capability to perform, safety modification rating, past performance of the individual members of the design-builder's team in their respective capacities, including the architect-engineer and construction members of the team, and other appropriate technical and qualification factors as determined by the Department of Community Affairs, in consultation with the Department of Education, where applicable. Each solicitation for proposals of qualification shall establish the relative importance assigned to the evaluation factors and sub-factors to be considered.

c. A solicitation for proposals of qualification shall state the maximum number of design-builders that are to be selected to submit second proposals. The maximum number specified in the solicitation shall be at least two and shall not exceed six.

d. The contracting unit may offer a stipend, based upon the project size and type, which shall not exceed three percent of the project's estimated cost, to any design-builder providing design, construction information, or materials presented in response to a request for second proposals. This stipend is intended to encourage the submission of proposals and to increase competition.

e. On the basis of the proposal of qualification, the technical review committee shall select the most highly qualified number of design-builders specified in the solicitation and request the selected design-builders to submit a second proposal and sealed bid. Each solicitation for second proposals shall establish the relative importance assigned to the evaluation factors to be considered.

f. The technical review committee shall evaluate each second proposal based on the technical submission for the proposal, including design concepts or proposed solutions to requirements addressed within the scope of work, and the evaluation factors, including a minimum of 50 percent consideration based on the cost of the bid.

g. The contracting unit shall separately evaluate the submissions described above, and award the contract in accordance with section 40 of P.L.2021, c.71 (C.18A:18A-67).

##### **§ 18A:18A-64** Evaluation factors contained in proposals. {#sec-18a-18a-64 omnilex-key=us-nj-statutes--title-18a--18A:18A-64}

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 employee that develops the evaluation factors shall be disqualified from submitting a proposal to enter into the design-build contract, and the design-builder shall not be permitted to delegate services under the design-build contract to the design professional or designated employee that developed the evaluation factors.

b. The design professional or designated employee that develops the evaluation factors shall be either an employee of the contracting unit or shall be engaged in compliance with applicable New Jersey public procurement laws, and to the extent allowed by law may delegate the development of specific aspects of the design criteria to other consultants.

c. The contracting unit, in consultation with the design professional or designated employee, shall determine the scope and level of detail required for the evaluation factors. The evaluation factors should be detailed enough to permit qualified persons to submit proposals in accordance with the solicitation, given the nature of the public project and the level of design to be provided in the proposal.

##### **§ 18A:18A-65** Inclusions in solicitations for design-build contracts. {#sec-18a-18a-65 omnilex-key=us-nj-statutes--title-18a--18A:18A-65}

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 be followed for submitting proposals, the criteria for evaluation of proposals and their relative weight, and the procedures for making awards, including a reference to the requirements of sections 34 through 41 of P.L.2021, c.71 (C.18A:18A-61 through C.18A:18A-68) and the regulations of the contracting unit;

(3) The proposed terms and conditions for the design-build contract;

(4) A description of the drawings, specifications, or other submittals to be submitted with the proposal, with guidance as to the form and level of completeness of the drawings, specifications, or submittals that shall be acceptable;

(5) A schedule for planned commencement and completion of the design-build contract;

(6) Budget limits for the design-build contract, if any;

(7) Affirmative action, disadvantaged business or set-aside goals or requirements for the design-build contract, in accordance with the requirements of all rules, regulations, standards, or policies adopted by the contracting unit;

(8) The required qualifications of the design-builder;

(9) Requirements for contractors and the design professional to have performance bonds, payment bonds, and insurance, and to meet all the qualifications of the Division of Property Management and Construction in the Department of the Treasury or the Department of Transportation where applicable; and

(10) A statement that the prospective design-builder is in compliance with all applicable laws, including the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), "The Public Works Contractor Registration Act," P.L.1999, c.238 (C.34:11-56.48 et seq.), and the "Construction Industry Independent Contractor Act," P.L.2007, c.114 (C.34:20-1 et seq.).

b. The solicitation may include any other information which the contracting unit in its discretion chooses to supply, including without limitation, surveys, soils reports, drawings or models of existing structures, environmental studies, photographs or references to public records.

c. Notice of solicitations shall be advertised in the same manner in which proposals generally are solicited for public projects.

##### **§ 18A:18A-66** Inclusions on design-build team. {#sec-18a-18a-66 omnilex-key=us-nj-statutes--title-18a--18A:18A-66}

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 employee shall be named in any proposal submitted to the contracting unit.

b. Proposals shall be sealed and shall not be opened until expiration of the time established for making proposals as set forth in the solicitation.

c. Proposals shall identify each person to whom the design-builder proposes to delegate obligations under the design-build contract. Persons so identified shall not be replaced without the approval of the contracting unit.

d. Proposals shall establish the cost of the design-build contract which shall not be exceeded if the proposal is accepted without change. Afterward, the maximum cost in the proposal may be converted to fixed prices by negotiated agreement between the contracting unit and the design-builder.

e. All proposals shall be received and opened at a previously announced time, where a synopsis of each shall be publicly read and recorded consistent with the provisions of subsection f. of this section.

f. Unless and until a proposal is accepted, the drawings, specifications and other information in the proposal shall remain the property of the person making the proposal. The contracting unit shall make reasonable efforts to maintain the secrecy and confidentiality of all proposals, and all information contained in the proposals, and shall not disclose the proposals or the information contained therein to the design-builders' competitors or the public. Once a proposal is accepted, the disclosure of the proposal and the information in the proposal, and the ownership of the drawings, specifications, and information therein, shall be determined in accordance with existing law and the terms of the design-build contract.

##### **§ 18A:18A-67** Submission of received proposals. {#sec-18a-18a-67 omnilex-key=us-nj-statutes--title-18a--18A:18A-67}

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 designated employee retained by the contracting unit that the proposal is consistent with the evaluation factors. No proposal for a design-build contract may be accepted unless the contracting unit determines that there was adequate competition for such contract.

b. The technical review committee shall score the technical proposals using the criteria and methodology set forth in the request for proposals in accordance with paragraph (2) of subsection a. of section 38 of P.L.2021, c.71 (C.18A:18A-65) and make an award recommendation to the head of the contracting unit. The head of the contracting unit shall make the design-build contract award decision, consistent with the award recommendation.

c. The contracting unit shall evaluate the received technical proposals and price bid against the published factors and weighting to arrive at a composite score. The contracting unit shall make public the design-builder to be awarded the contract for the project. After the award decision is made, the contracting unit shall make public the sealed price bid for each proposal submitted to the contracting unit by a design-builder.

d. Acceptance of a proposal shall be made by written notice to the design-builder which submitted the accepted proposal. At the same time notice of acceptance is delivered, the contracting unit shall also inform, in writing, the other design-builders that their proposals were not accepted.

e. The contracting unit shall have the right to reject any and all proposals, except for the purpose of evading the provisions and policies of sections 34 through 41 of P.L.2021, c.71 (C.18A:18A-61 through C.18A:18A-68). The contracting unit shall solicit new proposals using the same evaluation factors, budget constraints, or qualifications, unless there has been a material change in circumstances affecting the needs of the contracting unit, including but not limited to an environmental issue, natural disaster, state of emergency, or unforeseen fiscal constraint.

f. Proposals may be withdrawn for any reason at any time prior to acceptance.

g. When a design-builder receives notification from a public body that the proposal, which it has submitted, has not been accepted, the design-builder may, within 30 days, request to review the design-build proposals submitted, the technical review committee evaluation scores from the selection process, and the final recommendation of award document. The design-builder shall submit this request in writing.

##### **§ 18A:18A-68** Regulations. {#sec-18a-18a-68 omnilex-key=us-nj-statutes--title-18a--18A:18A-68}

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 with the Office of Administrative Law, regulations that the Department of Community Affairs, in consultation with the Department of Education, deems necessary to implement the provisions of sections 34 through 41 of P.L.2021, c.71 (C.18A:18A-61 through C.18A:18A-68), which regulations shall be effective for a period not to exceed 180 days from the date of the filing. The Department of Community Affairs, in consultation with the Department of Education, shall thereafter amend, adopt, or readopt the regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

## **Chapter 18B** {#struct-chapter-18b}

##### **§ 18A:18B-1** Definitions. {#sec-18a-18b-1 omnilex-key=us-nj-statutes--title-18a--18A:18B-1}

1. For the purposes of this act:

a. "Fund" means a joint self-insurance fund established by a school board insurance group pursuant to this act. The joint self-insurance fund is a fund of public moneys from contributions made by members of a school board insurance group for the purpose of securing insurance protection, risk management programs, or related services as authorized by this act;

b. "School board insurance group" or "group" means an association formed by two or more boards of education or the New Jersey School Boards Association for the development, administration, and provision of risk management programs, joint self-insurance fund or funds, and related services;

c. "Risk management program" means a plan, and activities carried out under the plan, by a school board insurance group to reduce risk of loss with respect to a particular line of insurance protection or coverage provided by a fund pursuant to this act, including safety engineering and other loss prevention and control techniques. Risk management program also includes the administration of one or more funds, including the processing and defense of claims brought against or on behalf of members of the group;

d. "Trustees" or "board of trustees" means the board of trustees established pursuant to the bylaws of the school board insurance group to govern or manage the risk management programs, joint self-insurance fund or funds and related services of the group;

e. "Contributions" mean the moneys paid by a member of a school board insurance group in amounts as may be set by the board of trustees or other officers as provided in the group's bylaws for the purpose of participating in a joint self-insurance fund or funds, securing risk management programs or related services;

f. "Certified audit" means an audit upon which an auditor expresses his professional opinion that the accompanying statements present fairly the financial position of a fund in conformity with generally accepted accounting principles consistently applied, and accordingly including tests of the accounting records and other auditing procedures as considered necessary in the circumstances;

g. "Commissioner" means the Commissioner of Banking and Insurance.

##### **§ 18A:18B-2** Insurance authorized. {#sec-18a-18b-2 omnilex-key=us-nj-statutes--title-18a--18A:18B-2}

2. Insurance authorized. Any board of education is authorized to insure, contract or provide for any insurable interest of the district or board in the manner authorized by section 3 of P.L.1983, c.108 (C.18A:18B-3), for the following:

a. Any loss or damage to its property, real or personal, motor vehicles, equipment or apparatus;

b. Any loss or damage from liability resulting from the use or operation of motor vehicles, equipment or apparatus owned or controlled by it;

c. Any loss or damage from liability for its own acts or omissions and for acts or omissions of its officers, employees or servants arising out of and in the course of the performance of their duties, including, but not limited to, any liability established by the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., or by any federal or other law;

d. Loss or damage from liability as established by Chapter 15 of Title 34 of the Revised Statutes, Labor and Workers' Compensation (R.S.34:15-1 et seq.);

e. Expenses of defending any claim against the board, district, officer, employee or servant arising out of and in the course of the performance of their duties, whether or not liability exists on the claim;

f. Benefits pursuant to contributory or non-contributory group health insurance or group term life insurance, or both, for employees or their dependents, or both, through self insurance, the purchase of commercial insurance or reinsurance, or any combination thereof. The maximum risk to be retained for group term life insurance by a joint insurance fund on a self insured basis shall not exceed a face amount of $5,000 per covered employee or dependent or such greater amount as approved by the Commissioners of Banking and Insurance and Education. Notwithstanding any other provision of law to the contrary, the board or joint insurance fund shall be subject to the surcharge levied pursuant to section 3 of P.L.1993, c.8 (C.52:14-17.38c) for claims paid within the retained amount. For any claims paid in excess of the retained amount, the surcharge shall be paid by the entity insuring the excess amount;

g. Loss from liability associated with sick leave payment for service connected disability as provided by N.J.S.18A:30-2.1;

h. Any loss or damage from liability resulting from loss or theft of money or securities;

i. Blanket bond coverage for certain school board officers, employees, and volunteer organizations serving a school board for faithful performance and discharge of their duties;

j. Bodily injury and property damage claims arising from environmental impairment liability and legal representation therefor to the extent that such coverages, as approved by the Commissioner of Banking and Insurance, are provided by the purchase of insurance and no risk is retained by the fund; and

k. Student accident coverage to the extent approved by the Commissioner of Banking and Insurance.

As used in this section:

(1) "life insurance" means life insurance as defined in N.J.S.17B:17-3;

(2) "health insurance" means health insurance as defined in N.J.S.17B:17-4 or benefits provided by hospital service corporations, medical service corporations or health service corporations authorized to do business in this State; and

(3) "dependents" means dependents as defined pursuant to section 1 of P.L.1979, c.391 (C.18A:16-12).

##### **§ 18A:18B-3** School board insurance group {#sec-18a-18b-3 omnilex-key=us-nj-statutes--title-18a--18A:18B-3}

a. Any two or more boards of education may form and become members of a school board insurance group. A board of education may take this action by resolution of the board. Through membership in a school board insurance group, a board of education may participate in any joint self-insurance fund or funds, risk management programs or related services offered or provided by the group. The group shall have the power to establish a fund or funds for coverages authorized in section 2 of this act and to jointly purchase insurance or coverages under a master policy or contract of insurance for participating members. The group shall have the power to take other actions necessary to developing, administering, and providing risk management programs, joint self-insurance funds, joint insurance purchases, and related services.

b. The bylaws of the school board insurance group shall provide that any board of education may join the group, provided it agrees to comply with the standards for membership, including risk management programs, which shall be established by the group, and may be a member as long as it complies with the standards for membership.

c. A school board insurance group may sue or be sued and shall appoint a natural person residing in this State or a corporation authorized to do business in this State as its agent for service of process. The group shall notify the commissioner of the appointment.

d. A school board insurance group is not an insurance company or an insurer under the laws of this State and the development, administration or provision by a group of joint self-insurance fund or funds, risk management programs and related services does not constitute the transaction of insurance nor doing an insurance business. A group shall not be subject to the provisions of Title 17, Subtitle 3, Insurance, of the Revised Statutes.

##### **§ 18A:18B-4** Bylaws of the group; trustees; powers. {#sec-18a-18b-4 omnilex-key=us-nj-statutes--title-18a--18A:18B-4}

4. Bylaws of the group; trustees; powers.

a. The bylaws of any school board insurance group shall:

(1) Set forth a statement of purposes of the group;

(2) Set forth provisions for organization of the group, including governance by a board of trustees;

(3) Provide for the delivery of a risk management program in conjunction with any joint self-insurance fund or funds which the board of trustees shall establish. The risk management program shall include, but not be limited to:

(a) the perils of liabilities to be insured against;

(b) limits of coverage, whether self-insurance, direct insurance purchased from a commercial carrier or reinsurance;

(c) the amount of risk to be retained by the fund;

(d) the amount of reserves to be established;

(e) the proposed method of assessing contributions to be paid by each member of the fund;

(f) procedures governing loss adjustment and legal fees;

(g) coverage to be purchased from a commercial insurer, if any;

(h) reinsurance to be purchased, if any, and the amount of premium therefor; and

(i) such other procedures and information as the commissioner may require by rule or regulation;

(4) Set forth procedures to enforce the collection of any contributions or payments in default;

(5) Set forth membership standards as required in section 3 of P.L.1983, c.108 (C.18A:18B-3);

(6) Require that, for each joint self-insurance fund, a contract or contracts of specific and aggregate excess insurance or reinsurance is maintained;

(7) Set forth procedures for:

(a) Withdrawal from the group and a fund by a member;

(b) Termination of the group or fund and disposition of assets; and

(c) Determining the obligations, if any, of a member in the event that the group is unable to pay indemnification obligations and expenses payable from a fund administered by it;

(8) Require an annual certified audit to be prepared and filed with the commissioner;

(9) Require that any joint self-insurance fund or funds be developed and operated in accordance with accepted and sound actuarial practices;

(10) Provide that any expenditure of moneys in a fund be in furtherance of the purpose of the fund;

(11) Set forth other provisions as desired for operation and governance of the group;

(12) Provide for expulsion of a member; and

(13) Comply with any requirement established by the commissioner by rule or regulation.

b. The bylaws of a group shall provide for governance of the group by a board of trustees selected in accordance with the provisions of the bylaws. The bylaws shall provide for trustee powers and duties and shall include, but not be limited to, the following powers of the board of trustees:

(1) To determine and establish contributions and rates, loss reserves, surplus, limits of coverage, limits of excess or reinsurance, coverage documents, dividends and other financial and operating policies of the group or fund;

(2) To invest moneys held in trust under any fund in investments which are approved for investment by regulation of the State Investment Council for surplus moneys of the State or, at the discretion of the board, to transfer moneys held in trust under any fund to the Director of the Division of Investment in the Department of the Treasury for investment on behalf of the board in accordance with the standards governing the investment of other funds which are managed under the rules and regulations of the State Investment Council. However, any moneys transferred to the director for investment may not thereafter be withdrawn except upon withdrawal of a member from the group or a fund or termination of the group or a fund or in specific amounts in payment of specific claims, administrative expenses or member dividends upon affidavit of the director or other chief executive officer of the group. In addition to the types of securities in which the joint insurance fund may otherwise invest, a joint insurance fund may invest moneys held in trust under any fund in bonds, notes, and other obligations issued by an agency or corporation of the federal government or a governmental entity established under the laws of this State, provided that the agency, corporation, or governmental entity responsible for the issuance of the bonds, notes, or other obligations is not in default as to the payment of principal or interest upon any of its outstanding obligations, and provided further that the bonds, notes, or other obligations are purchased at fair market value, guaranteed as to interest and principal, and have a credit rating of A3 or higher by Moody's Investor Services, Inc., A- or higher by Standard & Poor's Corporation, and A- or higher by Fitch Ratings, except that two of the three ratings is sufficient and further provided that the Commissioner of the Department of Community Affairs, in consultation with the Commissioner of the Department of Banking and Insurance, shall promulgate rules and regulations to limit the duration of the long-term investments and to cap these investments at an appropriate percentage of a joint insurance fund's overall investment portfolio. If a rating for the bonds, notes, or other obligations has not been obtained from two of the credit rating agencies, the bonds, notes, or other obligations may be purchased if the agency, corporation, or governmental entity responsible for the issuance meets the minimum rating criteria specified by the previous sentence and if the bond offering has the unconditional guarantee of the agency, corporation, or governmental entity responsible for the issuance;

(3) To purchase, acquire, hold, lease, sell and convey real and personal property, all of which property shall be exempt from taxation under chapter 4 of Title 54, Taxation, of the Revised Statutes;

(4) To collect and disburse all money due to or payable by the group, or authorize such collection and disbursement;

(5) To enter into contracts with other persons or with public bodies of this State for any professional, administrative or other services as may be necessary to carry out the purposes of the group or any fund;

(6) To purchase and serve as the master policyholders if desired, for any insurance, including excess or reinsurance;

(7) To prepare, or cause to be prepared, a risk management program for the joint insurance group;

(8) As the need arises, from time to time, to amend the bylaws or risk management program of the fund; except that no such amendment shall take effect until approved in the following manner:

(a) The trustees shall file with the commissioner, for his approval: a copy of any amendment to the bylaws of the fund, upon approval by resolution of three-fourths of the member school boards or in such other manner as established by the fund and approved by the commissioner; or any amendment to the risk management program, upon adoption by the trustees.

(b) Within 60 days of receipt, the commissioner shall either approve or disapprove any amendment to the bylaws or risk management program. If the commissioner fails to either approve or disapprove the amendment within that 60-day period, the amendment shall be deemed approved;

(c) If any amendment is disapproved, the commissioner shall set forth, in writing, the reasons for disapproval. Upon the receipt of the notice of disapproval, the trustee of the affected joint insurance fund may request a public hearing. The public hearing shall be convened by the commissioner in a timely manner;

(d) Within 90 days after the effective date of any amendment to the bylaws, a member school board which did not approve the amendment may withdraw from the fund, except that it shall remain liable for its share of any claim or expense incurred by the fund during its period of membership;

(9) To do all other things necessary and proper to carry out the purposes for which the group is established.

##### **§ 18A:18B-4.1** Participation in joint cash management and investment program. {#sec-18a-18b-4.1 omnilex-key=us-nj-statutes--title-18a--18A:18B-4.1}

4. Notwithstanding the provisions of any other law to the contrary, and in addition to the powers otherwise conferred by law, the trustees of a joint insurance fund established pursuant to P.L.1983, c.108 (C.18A:18B-1 et seq.) and the commissioners of a joint insurance fund established pursuant to P.L.1983, c.372 (C.40A:10-36 et seq.), may amend the plan of risk management of their respective funds to participate in a joint cash management and investment program with other joint insurance funds similarly established pursuant to P.L.1983, c.108 (C.18A:18B-1 et seq.) and P.L.1983, c.372 (C.40A:10-36 et seq.). The joint insurance funds participating in this program shall jointly file a cash management plan for prior approval by the Commissioner of Banking and Insurance and the Commissioner of Community Affairs and shall comply with all provisions of P.L.1983, c.108 (C.18A:18B-1 et seq.) and P.L.1983, c.372 (C.40A:10-36 et seq.), as appropriate.

##### **§ 18A:18B-5** Trustees; number and qualifications {#sec-18a-18b-5 omnilex-key=us-nj-statutes--title-18a--18A:18B-5}

The board of trustees of any school board insurance group shall have no fewer than three nor more than 15 trustees. Each trustee shall be a natural person 18 years of age or older who is a resident of this State. A majority of the trustees of any group shall be members or employees of member boards of education, provided that any trustee who ceases to be a member or employee of a board of education may be allowed to serve for not more than 90 days following cessation without violating this provision.

##### **§ 18A:18B-6** Trustees; compensation {#sec-18a-18b-6 omnilex-key=us-nj-statutes--title-18a--18A:18B-6}

No trustee shall be paid a salary, except that the written trust instrument may provide for reimbursement for actual expenses incurred on behalf of the trust fund and for compensation not to exceed $200.00 for any day or portion of a day spent at a meeting of the trustees. Except as otherwise provided in this act, no trustee shall enter into any contract with the group or receive any moneys or other compensation or thing of value whatsoever from the group for services performed for or on behalf of the group.

##### **§ 18A:18B-7** Review of bylaws; investigations by the Commissioner of Insurance {#sec-18a-18b-7 omnilex-key=us-nj-statutes--title-18a--18A:18B-7}

7. Review of bylaws; investigations by the Commissioner of Insurance.

a. No school board insurance group, nor any joint self-insurance fund of the group, may begin functioning as a means of providing insurance coverage or protection for or among its members until the group's bylaws and risk management program have been filed with and approved by the commissioner. If the commissioner fails to approve or disapprove the bylaws or risk management program, or both, as the case may be, within 60 days following filing in his office, the bylaws or risk management program, or both, as the case may be, shall be deemed approved. If the commissioner disapproves the bylaws or risk management program, he shall set forth the reasons for his disapproval in writing. The reasonable costs of the commissioner's review of the bylaws and risk management program shall be chargeable to the boards of education seeking to establish the group.

b. Every school board insurance group shall file an annual report, on a form prescribed by the commissioner, at a time to be fixed by the commissioner. The report shall include a financial statement of the group's assets and liabilities, the claims paid during the preceding 12 months, current reserves, incurred losses, and any other information that the commissioner may require. The commissioner may require more frequent reports as he deems necessary.

c. The commissioner shall have authority to examine the books, records and affairs of any school board insurance group or joint self-insurance fund for the purpose of determining compliance with this act. The reasonable costs of any examination or review shall be chargeable to the school board insurance group.

d. The commissioner may suspend or terminate the authority of any school board insurance fund or direct or take any action he may deem necessary for good cause, to enable a fund to meet its obligations, cover its expected losses, or liquidate, rehabilitate or otherwise modify its affairs. The commissioner may take such action in the event of:

(1) A failure to comply with the rules and regulations promulgated by the commissioner or with any of the provisions of P.L.1983, C.108 (C.18A:18B-1 et seq.);

(2) A failure to comply with a lawful order of the commissioner; or

(3) A deterioration of the financial condition of the fund to the extent that it causes an adverse effect upon the ability of the school board insurance fund to pay expected losses.

e. The commissioner may, in his discretion, require the trustees of any fund to file copies of any agreements of contracts entered into by the trustees of the fund or any other pertinent documents he may deem necessary.

##### **§ 18A:18B-7.1** Rules, regulations {#sec-18a-18b-7.1 omnilex-key=us-nj-statutes--title-18a--18A:18B-7.1}

5. Within 180 days after the effective date of this 1995 amendatory and supplementary act, the Commissioner of Insurance shall promulgate rules and regulations to effectuate its purposes pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The rules and regulations shall include, the not be limited to, the establishment, operation, modification and dissolution of school board insurance funds established pursuant to the provisions of this 1995 amendatory and supplementary act.

##### **§ 18A:18B-8** Joint insurance fund permitted {#sec-18a-18b-8 omnilex-key=us-nj-statutes--title-18a--18A:18B-8}

In any county which has established an insurance fund pursuant to N.J.S. 40A:10-6 or is a member of a joint insurance fund pursuant to P.L. 1983, c. 372 (C. 40A:10-36 et seq.), the board of education of the county vocational school located within that county may, at the option of the board of education, enter into a contract with the governing body of the county or joint insurance fund to participate in the county insurance fund or a joint insurance fund as the case may be.

##### **§ 18A:18B-9** Minimum contract terms {#sec-18a-18b-9 omnilex-key=us-nj-statutes--title-18a--18A:18B-9}

Any contract entered into between the board and the governing body of the fund shall, at a minimum, specify the type and scope of coverage to be afforded, the premium basis for all insurance carried, and the terms and conditions for withdrawal by the board of education from the insurance fund.

##### **§ 18A:18B-10** Current expense item {#sec-18a-18b-10 omnilex-key=us-nj-statutes--title-18a--18A:18B-10}

A board of education which enters into a contract pursuant to this act is authorized to pay the premiums required by that contract and shall include the funds necessary for the payment of these premiums as a current expense item in the annual school budget prepared and submitted to the board of school estimate pursuant to N.J.S. 18A:54-28.

## **Chapter 19** {#struct-chapter-19}

##### **§ 18A:19-1** Expenditures of funds on warrant only; requisites; exceptions. {#sec-18a-19-1 omnilex-key=us-nj-statutes--title-18a--18A:19-1}

Except as provided in subsection b. of N.J.S.18A:19-4, the money or funds of the board of education in the custody of the secretary or treasurer of school moneys shall be expended by the secretary or treasurer of school moneys by, and only by, warrants, each made payable to the order of the person entitled to receive the amount thereof and specifying the object for which the warrant is issued, signed by the president and secretary of the board of education and the chief school administrator or by the treasurer of school moneys, as appropriate to the district,

(a) After audit of the account or demand to be paid, by the secretary, and after approval by the board of education, or

(b) In accordance with payrolls duly certified as provided by this title, or

(c) For debt service, or

(d) When provided by resolution of the board of education, after audit of the account or demand to be paid, and approval by a person designated by the board of education.

##### **§ 18A:19-2** Requirements for payment of claims; audit of; claims in general. {#sec-18a-19-2 omnilex-key=us-nj-statutes--title-18a--18A:19-2}

Except as provided in subsection b. of N.J.S.18A:19-4, a claim or demand against a school district shall not be paid by the secretary or treasurer of school moneys, as appropriate, unless the claim or demand is authorized by law and the rules of the board of education of the district, is fully itemized and verified, has been duly audited as required by law, has been presented to, and approved by, the board of education at a meeting thereof, or presented to, and approved by, a person designated by the board of education for that purpose, and the amount required to pay the claim or demand is available for that purpose.

##### **§ 18A:19-3** Verification of claims, demands. {#sec-18a-19-3 omnilex-key=us-nj-statutes--title-18a--18A:19-3}

Except as provided in subsection b. of N.J.S.18A:19-4, all claims and demands, that equal or exceed 15 percent of the bid threshold amount established pursuant to N.J.S.18A:18A-3, except for payrolls and debt service, shall be verified by affidavit, or by a signed declaration in writing, contained therein or annexed thereto, to the effect that the claims and demands are correct in all particulars, that the articles have been furnished or the services rendered as stated therein, and that no bonus has been given or received on account thereof.

##### **§ 18A:19-4** Audit of claims; warrants for payments; exemptions. {#sec-18a-19-4 omnilex-key=us-nj-statutes--title-18a--18A:19-4}

a. All claims and demands against the board of education, except those which are to be paid from funds derived from athletic events or other activities of pupil organizations, shall, unless otherwise provided by resolution of the board of education, be examined, audited, and certified in writing by the secretary and presented by the secretary to the board of education for its approval at a regularly called meeting, and if found to be correct, shall be ordered paid by the board of education, whereupon the secretary and the president of the board of education and the chief school administrator shall issue and sign a warrant in payment therefor. In a district which has a treasurer of school moneys, the secretary thereupon shall forward the warrant to the treasurer of school moneys.

b. The provisions of subsection a. of this section shall not apply to payments made by a board of education for the provision of:

(1) telecommunications or basic cable service provided by a telecommunications or cable television company under the jurisdiction of the Board of Public Utilities;

(2) electric, gas, water, or sewer utility service provided by a public utility, as that term is defined pursuant to R.S.48:2-13, that is regulated by the Board of Public Utilities pursuant to Title 48 of the Revised Statutes; or

(3) a service that is provided under a contract between a public utility, as that term is defined pursuant to R.S.48:2-13, and a board of education that is approved by the Board of Public Utilities under which rates for service are controlled by the terms of the contract.

##### **§ 18A:19-4.1** Account or demand; audit; approval. {#sec-18a-19-4.1 omnilex-key=us-nj-statutes--title-18a--18A:19-4.1}

4. A board of education may, by resolution, designate a person in addition to the secretary to audit any account and demand to be paid pursuant to subsection a. of N.J.S.18A:19-4, and provide for approval of the account or demand by that person or the secretary prior to presentation to the board of education. Any account or demand approval shall be presented to the board of education at their next meeting for ratification. The board of education may establish a maximum dollar amount for which payment may be authorized without prior board of education approval.

##### **§ 18A:19-9** Compensation of teachers, etc., payrolls. {#sec-18a-19-9 omnilex-key=us-nj-statutes--title-18a--18A:19-9}

Payment of the compensation of teachers and other employees may be made on the basis of payrolls certified by the president and secretary of the board and the chief school administrator, stating the names and amounts to be paid to each. In a district which has a treasurer of school moneys, the payrolls shall be delivered to the treasurer of school moneys with a warrant made to his order for the full amount of each payroll.

##### **§ 18A:19-10** Payroll bank accounts; checks for compensation. {#sec-18a-19-10 omnilex-key=us-nj-statutes--title-18a--18A:19-10}

In a district which does not have a treasurer of school moneys, the secretary shall pursuant to N.J.S.18A:19-1 draw and deposit the warrants in separate bank accounts as a net payroll account and agency account for payroll deductions and associated board contributions. Payment shall be made to the teachers and others entitled thereto by individual checks drawn to their respective orders upon such account and signed by the secretary and a board designee. In a district which has a treasurer of school moneys, the treasurer shall deposit the warrants in a separate bank account as a payroll account and payment shall be made to the teachers and others entitled thereto by individual checks drawn to their respective orders upon such account.

##### **§ 18A:19-11** Signature of payroll checks by deputy {#sec-18a-19-11 omnilex-key=us-nj-statutes--title-18a--18A:19-11}

If the treasurer of the school moneys of the district is the custodian of the municipality composing it, such payroll checks may be signed by a deputy or a municipal officer who serves as such municipal custodian, if the deputy is bonded for the faithful performance of such duties in the same manner as is the treasurer.

##### **§ 18A:19-12** Interest payable on certain warrants not immediately paid. {#sec-18a-19-12 omnilex-key=us-nj-statutes--title-18a--18A:19-12}

When a warrant for the payment of current expenses of a public school is drawn and issued and there are no funds for payment of the same, the warrant shall bear legal interest until such time as the secretary or treasurer, as appropriate, gives public notice of the fact that funds are provided for the payment thereof.

##### **§ 18A:19-13** Petty cash funds {#sec-18a-19-13 omnilex-key=us-nj-statutes--title-18a--18A:19-13}

The provisions of this chapter shall not prevent the establishment and operation by a board of education of petty cash funds, pursuant to rules of the state board.

##### **§ 18A:19-14** Funds derived from pupil activities {#sec-18a-19-14 omnilex-key=us-nj-statutes--title-18a--18A:19-14}

All funds derived from athletic events or other activities of pupil organizations shall be administered, expended and accounted for pursuant to the rules of the state board.

##### **§ 18A:19-15** Listing of payments {#sec-18a-19-15 omnilex-key=us-nj-statutes--title-18a--18A:19-15}

Each board of education shall maintain a current and updated listing of payments made for: a. legal fees; b. consulting fees, including negotiating fees; and c. contracts for maintenance. Each list shall specify payees and amounts received during the previous and current school years.

Each of these lists shall be available for public inspection during normal business hours. Copies of the lists shall be made available to the public at a reasonable cost.

## **Chapter 20** {#struct-chapter-20}

##### **§ 18A:20-1** Title in board of education {#sec-18a-20-1 omnilex-key=us-nj-statutes--title-18a--18A:20-1}

The title to the property, real and personal, of each school district, and the title to all property, real and personal, which shall be acquired for school purposes in the district, is vested and shall vest in the board of education of the district and the board shall succeed to and be vested with all the property, rights and privileges not inconsistent with the provisions of this act heretofore vested in or possessed by any body heretofore having charge and control of the public schools or the public school property, of the district, or of the municipality or municipalities composing the district, and the board shall have the supervision, control and management of all such property.

##### **§ 18A:20-2** Purchase and sale of property in general {#sec-18a-20-2 omnilex-key=us-nj-statutes--title-18a--18A:20-2}

The board of education of any district may, in and by its corporate name, acquire, by purchase or lease, receive, hold, hold in trust and sell and lease real estate and personal property and may take and condemn lands and other property for school purposes in the manner provided by law relating to the taking and condemnation of property for public purposes, subject to the restrictions provided in this title.

##### **§ 18A:20-2.1** Transfer of title of painting or work of art to municipality; public display {#sec-18a-20-2.1 omnilex-key=us-nj-statutes--title-18a--18A:20-2.1}

The board of education of any school district owning a painting or other work of art may by resolution transfer title thereto to the municipality in which the school district is located and the board of education and the governing body of the municipality may enter into an agreement relative to their respective responsibilities and obligations in connection with the maintenance, restoration and preservation of the painting or other work of art to assure its appropriate public display.

##### **§ 18A:20-2.2** Use of school district surplus funds for joint acquisition of land for recreation, conservation purposes. {#sec-18a-20-2.2 omnilex-key=us-nj-statutes--title-18a--18A:20-2.2}

2. a. A school district may expend any of its surplus funds for the joint acquisition of land for recreation and conservation purposes with a municipality, notwithstanding the participation of any other public entity in the purchase, provided that the transaction does not violate any federal or State law and has a direct nexus to, and substantially furthers the core mission of, the school district.

b. Nothing in this section shall interfere with or limit the oversight authority of any State agency over a school district.

c. For the purposes of this section, "recreation and conservation purposes" means the use of lands for beaches, biological or ecological study, boating, camping, fishing, forests, greenways, hunting, natural areas, parks, playgrounds, protecting historic properties, water reserves, watershed protection, wildlife preserves, active sports, or a similar use for either public outdoor recreation or conservation of natural resources, or both.

##### **§ 18A:20-3** Acquisition of outstanding interest in real property {#sec-18a-20-3 omnilex-key=us-nj-statutes--title-18a--18A:20-3}

Any district which holds any real estate or interest therein may acquire any outstanding interest therein by condemnation in the manner provided by law relating to the taking and condemnation of property for public purposes.

##### **§ 18A:20-4** Acceptance and use of gifts {#sec-18a-20-4 omnilex-key=us-nj-statutes--title-18a--18A:20-4}

The board of education may accept any gift or grant of land with or without improvement, and of money or other personal property, without additional authorization or authority, and may:

a. Expend any such money or use any such personal property, without any additional authorization or authority, in the equipment of any building for school purposes; or

b. Expend such moneys in the construction of a building for school purposes, or addition thereto, and the equipment thereof but only if such expenditure and the expenditures of any additional moneys required to be expended in connection with such construction shall be authorized in the manner prescribed by law for the construction of buildings for school purposes or additions thereto.

##### **§ 18A:20-4.1** Type II districts; acquisition of property without authorization of voters. {#sec-18a-20-4.1 omnilex-key=us-nj-statutes--title-18a--18A:20-4.1}

The board of education of any Type II school district may without authority first obtained from the voters of the district:

(a) Rent, on a year-to-year basis, or for a term not to exceed 10 years, in case of emergency, buildings to use for school purposes; and

(b) Take an option not to exceed 1 year in duration, at a cost not to exceed the fair market value of such option, on the purchase of any land which the board could lawfully purchase after securing the consent of the legal voters to the purchase thereof, but such option may be exercised by the board only after authority to purchase the property covered by such option has been given at an annual or special school election.

##### **§ 18A:20-4.2** Powers of boards concerning real property. {#sec-18a-20-4.2 omnilex-key=us-nj-statutes--title-18a--18A:20-4.2}

The board of education of any school district may, for school purposes:

(a) Purchase, take and condemn lands within the district and lands not exceeding 50 acres in extent without the district but situate in a municipality or municipalities adjoining the district, but no more than 25 acres may be so acquired in any one such municipality, without the district, except with the consent, by ordinance, of such municipality;

(b) Grade, drain and landscape lands owned or to be acquired by it and improve the same in like manner;

(c) Erect, lease for a term not exceeding 50 years, enlarge, improve, repair or furnish buildings;

(d) Borrow money therefor, with or without mortgage; in the case of a type II district without a board of school estimate, when authorized so to do at any annual or special school election; and in the case of a type II district having a board of school estimate, when the amount necessary to be provided therefor shall have been fixed, determined and certified by the board of school estimate; and in the case of a type I district, when an ordinance authorizing expenditures for such purpose is finally adopted by the governing body of a municipality comprised within the district; provided, however, that no such election shall be held nor shall any such resolution of a school estimate board or ordinance of a municipal governing body be introduced to authorize any lease of any building for a term exceeding one year, until the proposed terms of such lease have been reviewed and approved by the Commissioner of Education and the Local Finance Board in the Department of Community Affairs;

(e) Construct, purchase, lease or otherwise acquire a building with the federal government, the State, a political subdivision thereof or any other individual or entity properly authorized to do business in the State; provided that: (1) the noneducational uses of the building are compatible with the establishment and operation of a school, as determined by the Commissioner of Education; (2) the portion of the building to be used as a school meets regulations of the Department of Education; (3) the board of education has complied with the provisions of law and regulations relating to the selection and approval of sites; and (4) in the case of a lease, that any lease in excess of five years shall be approved by the Commissioner of Education and the Local Finance Board in the Department of Community Affairs;

(f) Acquire, with the approval of either the commissioner, or voters or board of school estimate, as applicable, improvements or additions to school buildings through lease purchase agreements not in excess of five years. The agreement shall be recorded as an expenditure of the General Fund of the district. The commissioner shall approve the agreement only upon a demonstration by the district that the lease purchase payments and any operating expenses related to the agreement can be included within the district's tax levy growth limitation and will not result in the need for approval by the voters or board of school estimate, as appropriate, of additional spending proposals to maintain existing instructional programs and extracurricular activities. If the commissioner cannot approve the agreement, the board of education may frame a separate question to authorize the lease purchase agreement and obtain voter or board of school estimate approval to enter into the agreement. A district may, without separate prior approval of the commissioner, also acquire equipment through a lease purchase agreement not in excess of five years or in the case of a lease purchase agreement entered into for the acquisition of fossil fuel school buses not in excess of 10 years and in the case of a lease purchase agreement entered into for the acquisition of electric school buses and related charging equipment and services not in excess of the service life of the electric school buses, provided that the amount of the first installment and each subsequent installment for the lease purchase payments is included in the budget that is advertised and submitted for approval to the voters of the district or the board of school estimate, as appropriate. As used herein, a "lease purchase agreement" refers to any agreement which gives the board of education as lessee the option of purchasing the leased equipment or improvements or additions to existing school buildings during or upon termination of the lease, with credit toward the purchase price of all or part of rental payments which have been made by the board of education in accordance with the lease. As part of such a transaction, the board of education may transfer or lease land or rights in land, including any building thereon, after publicly advertising for proposals for the transfer for nominal or fair market value, to the party selected by the board of education, by negotiation or otherwise, after determining that the proposal is in the best interest of the taxpayers of the district, to construct or to improve and to lease or to own or to have ownership interests in the site and the school building to be leased pursuant to such lease purchase agreement, notwithstanding the provisions of any other law to the contrary. The land and any building thereon which is described in a lease purchase agreement entered into pursuant to this amendatory act, shall be deemed to be and treated as property of the school district, used for school purposes pursuant to R.S.54:4-3.3, and shall not be considered or treated as property leased to another whose property is not exempt, and shall not be assessed as real estate pursuant to section 1 of P.L.1949, c.177 (C.54:4-2.3). Any lease purchase agreement authorized by this section shall contain a provision making payments thereunder subject to the annual appropriation of funds sufficient to meet the required payments or shall contain an annual cancellation clause and shall require all construction contracts let by public school districts or let by developers or owners of property used for school purposes to be competitively bid, pursuant to N.J.S.18A:18A-1 et seq.;

(g) Establish with an individual or entity authorized to do business in the State a tenancy in common, condominium, horizontal property regime or other joint ownership arrangement on a site contributed by the school district; provided the following conditions are met:

(1) The individual or entity agrees to construct on the site, or provide for the construction thereon, a building or buildings for use of the board of education separately or jointly with the individual or entity, which shall be subject to the joint ownership arrangement;

(2) The provision of the building shall be at no cost or at a reduced cost to the board of education;

(3) The school district shall not make any payment for use of the building other than its pro rata share of costs of maintenance and improvements;

(4) The noneducational uses of the building are compatible with the establishment and operation of a school, as determined by the Commissioner of Education;

(5) The portion of the building to be used as a school, and the site, meet regulations of the Department of Education; and

(6) Any such agreement shall be approved by the Commissioner of Education and the Local Finance Board in the Department of Community Affairs;

(h) Acquire through sale and lease-back textbooks and non-consumable instructional materials provided that the sale price and principal amount of the lease-back do not exceed the fair market value of the textbooks and instructional materials and that the interest rate applied in the lease-back is consistent with prevailing market rates or is less.

##### **§ 18A:20-4.3** Construction, alteration or repair work upon premises to be leased to board of education; public work {#sec-18a-20-4.3 omnilex-key=us-nj-statutes--title-18a--18A:20-4.3}

Any construction, reconstruction, demolition, alteration or repair work, or maintenance work, including painting and decorating, done under private contract for any person, firm, corporation or association acting under an express agreement or understanding with any board of education that, upon completion of the work contracted for the site, structure or premises upon which such work was done will be leased by said board of education for public school purposes under the provisions of section 18A:20-4.2 of the New Jersey Statutes shall be deemed a "public work" for the purposes of the "New Jersey Prevailing Wage Act" (P.L. 1963, c. 150) and subject to the applicable provisions of that act, excepting only such provisions as can be applicable only in cases where a public body is a direct party to a contract for a public work.

##### **§ 18A:20-4.4** Contract provision for payment of prevailing wage rate; necessity {#sec-18a-20-4.4 omnilex-key=us-nj-statutes--title-18a--18A:20-4.4}

Every contract in excess of $2,000.00 for any public work contracted for by a private party acting under an express agreement for subsequent lease by a board of education shall contain a provision stating the prevailing wage rate which can be paid (as determined pursuant to the applicable provisions of the "New Jersey Prevailing Wage Act" (P.L. 1963, c. 150) ) to the workmen employed in the performance of the contract, and the contract shall contain a stipulation that such workmen shall be paid not less than such prevailing wage rate. No board of education shall enter into any such agreement or understanding except upon the condition that such provision and stipulation shall be included in the contract; and no such agreement or understanding shall be valid or shall be honored by any board of education if such provision and stipulation are not included in the contract.

##### **§ 18A:20-4.5** Contractor's or subcontractor's failure to pay prevailing wage; determination and effect {#sec-18a-20-4.5 omnilex-key=us-nj-statutes--title-18a--18A:20-4.5}

If any public work shall be contracted for by a private party acting under an express agreement or understanding for subsequent lease by a board of education, and if it shall be found prior to execution of a lease pursuant to such understanding or agreement that any workman or workmen employed by the contractor or any subcontractor covered by said contract has been paid a rate of wages less than the prevailing wage required to be paid by such contract, then the board of education involved in any such agreement or understanding shall not execute a lease pursuant thereto, nor make any payment in connection therewith, until all wages due and owing to any such workman or workmen in compliance with the stipulated prevailing wage rate have been paid; and such private party is hereby authorized to withhold from any contractor or subcontractor who shall have failed to pay the prevailing wage any sums due to such contractor or subcontractor to an amount sufficient to pay to any workman or workmen the balance of wages due him or them as a result of the contractor's failure to pay the prevailing wage, and to make such payments directly to such workman or workmen out of the sums thus withheld. For the purposes of this section, the fact and extent of a contractor's or subcontractor's failure to pay the prevailing wage shall be determined in accordance with the applicable provisions of the "New Jersey Prevailing Wage Act" (P.L. 1963, c. 150).

##### **§ 18A:20-5** Disposition of property and title of purchaser. {#sec-18a-20-5 omnilex-key=us-nj-statutes--title-18a--18A:20-5}

Except as otherwise provided pursuant to section 14 of P.L.2007, c.137 (C.18A:7G-45), the board of education of any district by a recorded roll call majority vote of its full membership may dispose, by sale or otherwise, in the manner prescribed in this chapter, of any lands or any rights or interest therein, owned by it, which cease to be suitable or convenient for the use for which they were acquired or which are no longer needed for school purposes, whether acquired by purchase or through condemnation proceedings and the purchaser thereof shall acquire title thereto free from any use or purpose for which it may have been acquired by the board.

##### **§ 18A:20-6** Public sale; advertisement; exceptions. {#sec-18a-20-6 omnilex-key=us-nj-statutes--title-18a--18A:20-6}

Any lands or rights or interests therein sold by any board of education, except lands conveyed as part of a lease purchase agreement pursuant to N.J.S. 18A:20-4.2(f), shall be sold, after advertisement of public sale, to the highest bidder. A board of education is authorized to use electronic procurement practices in accordance with P.L.2018, c.156 (C.40A:11-4.7 et al.) for the advertisement of sale or lease of land and real property thereon, and shall also publish advertisement of the sale or lease in a newspaper published in the district, or, if none is published therein, then in a newspaper circulating in the district, in which the same is situate, at least once a week for two weeks prior to the sale, unless:

a. The same are sold to the State, or a political subdivision thereof, in which case they may be sold at private sale without advertisement; or

b. The sale or other disposition thereof in some other manner is provided for in this Title.

##### **§ 18A:20-7** Sale at fixed minimum prices; rejection of bids {#sec-18a-20-7 omnilex-key=us-nj-statutes--title-18a--18A:20-7}

a. In the case of public sales the board may by resolution fix a minimum price with or without the reservation of the right, upon the completion of said public sale, to accept or reject the highest bid made thereat, a statement whereof shall be included in the advertisement of sale of the lands and public notice thereof shall be given at the time of sale, or it may by resolution provide without fixing a minimum price, that upon the completion of the public sale, the highest bid made thereat shall be subject to acceptance or rejection by the board, but the acceptance or rejection thereof shall be made not later than the second regular meeting of the board following the sale, and, if the board shall fail or refuse to accept or reject any such highest bid, as aforesaid, the said bill shall be deemed to have been rejected.

b. If no bid is received or if the bids which are received are rejected by the board, the board may enter into negotiations with any interested party or parties for the sale or other disposal of the property. The acceptance or rejection of the price arrived at through negotiations shall be by recorded roll call majority vote of the full membership of the board at a regularly scheduled meeting.

The board may reject any bid if it determines it to be in the public interest to do so, but shall afford the bidder a hearing upon his request before entering into negotiations as provided in this subsection.

##### **§ 18A:20-8** Exchange of lands. {#sec-18a-20-8 omnilex-key=us-nj-statutes--title-18a--18A:20-8}

Except as otherwise provided pursuant to section 14 of P.L.2007, c.137 (C.18A:7G-45), the board of education of any school district, by a recorded roll call majority vote of its full membership, may exchange any lands owned by it and not needed for school purposes for lands located in the school district and at least equal in value to the lands conveyed by the board in such exchange.

##### **§ 18A:20-8.1** Transfer of land for vocational school purposes. {#sec-18a-20-8.1 omnilex-key=us-nj-statutes--title-18a--18A:20-8.1}

1. Except as otherwise provided pursuant to section 14 of P.L.2007, c.137 (C.18A:7G-45), the board of education of any school district or regional school district may, by resolution, transfer land to the board of education of a county vocational school district for the purpose of constructing a vocational school on such land.

##### **§ 18A:20-8.2** Lease of school lands. {#sec-18a-20-8.2 omnilex-key=us-nj-statutes--title-18a--18A:20-8.2}

1. a. Except as otherwise provided pursuant to section 14 of P.L.2007, c.137 (C.18A:7G-45), whenever any board of education shall by resolution determine that any tract of land, whether there is a building thereon or not, or part or all of a school building, is not necessary for school purposes, but which it does not desire to dispose of for reason that the property may, at some future time, again be required for school purposes, it may authorize the lease thereof for a term extending beyond the official life of the board, provided that the noneducational uses of such building or tract of land are compatible with the establishment and operation of a school, as determined by the Commissioner of Education, if joint occupancy of such site is considered. A board of education is authorized to use electronic procurement practices in accordance with the provisions of P.L.2018, c.156 (C.40A:11-4.7 et al.) for the advertisement of lease of land and any building on that land. The lease shall be binding upon the successor board as follows:

(1) After advertisement of the request for bids to lease to the highest bidder in a newspaper published in the school district, or, if none is published therein, then in a newspaper circulating in the district in which the same is situate, at least once a week for two weeks prior to the date fixed for the receipt and opening of bids, and, at the discretion of the board of education, electronic advertisement, unless:

(2) The same is leased to the federal government, State, a political subdivision thereof, another school district, any board, body, or commission of a municipality within the school district, any volunteer fire company or rescue squad actively engaged in the protection of life and property and duly incorporated under the laws of the State of New Jersey, or to any American Legion post, Veterans of Foreign Wars, or other recognized veterans' organization of the United States of America, located in the municipality or the county, as a meeting place for such organization, or to a nonprofit child care service organization duly incorporated under the laws of the State of New Jersey, or to a nonprofit hospital duly licensed under the laws of the State of New Jersey, or to a nonprofit organization duly licensed under the laws of the State of New Jersey to provide emergency shelter for the homeless, or to a nonprofit senior citizen organization, or to a nonprofit historic preservation organization duly incorporated under the laws of the State of New Jersey, or to a federally qualified health center, in which case the same may be leased by private agreement for a nominal fee without advertisement for bids.

b. Any lease in excess of five years shall be approved by the Commissioner of Education.

c. In the event of joint occupancy with a public school and federally qualified health center, to the extent permitted by federal law, a federally qualified health center shall be located in a portion of the school building that is separate and distinct from the portion of the school building in which students may be present.

##### **§ 18A:20-9** Conveyance of certain school property for public, civic purposes for nominal consideration. {#sec-18a-20-9 omnilex-key=us-nj-statutes--title-18a--18A:20-9}

Except as otherwise provided pursuant to section 14 of P.L.2007, c.137 (C.18A:7G-45), whenever any board of education shall by resolution determine that any tract of land is no longer desirable or necessary for school purposes it may authorize the conveyance thereof, whether there is a building thereon or not, for a nominal consideration, to the municipality or any board, body or commission thereof, or to any volunteer fire company or rescue squad actively engaged in the protection of life and property and duly incorporated under the laws of the State of New Jersey, or to any American Legion post, Veterans of Foreign Wars, or other recognized veterans' organization of the United States of America, located in the municipality or the county, as a meeting place for such organization, or to a nonprofit child care service organization duly incorporated under the laws of the State of New Jersey, to a nonprofit hospital duly licensed under the laws of the State, or to a nonprofit organization duly licensed under the laws of the State of New Jersey to provide emergency shelter for the homeless, or to a nonprofit historic preservation organization duly incorporated under the laws of the State of New Jersey to provide a place for educational, cultural and musical functions. The president and secretary of the board shall be authorized to execute and deliver a conveyance for the same in the name and under the seal of the board, which conveyance may, in the discretion of the board, be made subject to a condition or limitation that said land shall be used by such municipality, board, body or commission thereof for public purposes and by any such fire company for fire company purposes or by such rescue squad for rescue squad purposes or to any veterans' organization, or to any child care service organization, or to any nonprofit hospital, or to any provider of emergency shelter for the homeless, or to any nonprofit historic preservation organization, and in the event that the property shall cease to be used for any of the purposes contemplated by this section, such property shall thereupon revert to and the title thereof shall vest in the board of education making the conveyance thereof hereunder.

##### **§ 18A:20-9.1** Conveyance of certain sewer lines to a municipality {#sec-18a-20-9.1 omnilex-key=us-nj-statutes--title-18a--18A:20-9.1}

Upon the request or with the concurrence of the governing body of a municipality the board of education of any district is authorized to convey and transfer, without consideration, its right, title and interest in and to any trunk or other sewer line to the municipality in which it is situated subject to the continued right of the district to use the same together with such other use as may be authorized by the governing body of the municipality.

##### **§ 18A:20-9.2** Sale of school property to nonprofit private school for students with disabilities. {#sec-18a-20-9.2 omnilex-key=us-nj-statutes--title-18a--18A:20-9.2}

1. Except as otherwise provided pursuant to section 14 of P.L.2007, c.137 (C.18A:7G-45), whenever any board of education shall by resolution determine that any tract of land is no longer desirable or necessary for public school purposes it may authorize the conveyance thereof, at no less than the fair market price, whether there is a building thereon or not, to a nonprofit private school for students with disabilities duly incorporated under the laws of the State of New Jersey. As used in this section, market price shall equal the median of two or more appraisals conducted by qualified real estate appraisers. The president and secretary of the board shall be authorized to execute and deliver a conveyance for the same in the name and under the seal of the board, which conveyance may, in the discretion of the board, be made subject to a condition or limitation that said land shall be used by such nonprofit private school for students with disabilities and in the event that the property shall cease to be used for the purposes contemplated by this section, such property shall first be offered for resale to the board of education making the conveyance thereof hereunder at the market price current at the time of resale.

##### **§ 18A:20-10** Lands conveyed on condition {#sec-18a-20-10 omnilex-key=us-nj-statutes--title-18a--18A:20-10}

Whenever any district has heretofore received a conveyance of lands subject to a recital or condition in the deed of conveyance, substantially providing that the land and premises conveyed are intended to be conveyed for the express purpose of building a public schoolhouse on the same and for the uses and purposes of a public school for said district, and the lands so conveyed have been held by the district for more than 30 years, and no public schoolhouse has ever been built or has stood for the past 20 years thereon, and the board of education of the district shall determine that the lands are not required for school uses and purposes, the board may sell and convey the said lands and make, execute and deliver a valid conveyance thereof, free of any such recital or condition and thereby vest a title in fee simple absolute in the grantee as fully as though such recital or condition was not contained in the deed of conveyance to the school district; provided, that no proceeding or action shall be commenced against said school district for the recovery of said lands or the enforcement of such recital or condition within a period of one year from the date of conveyance of said lands by the board.

##### **§ 18A:20-11** Property devised in trust {#sec-18a-20-11 omnilex-key=us-nj-statutes--title-18a--18A:20-11}

When any person dies and by his last will and testament gives, devises and bequeaths any real estate to any board of education, by whatever name or names the board may be designated, in trust to take and receive the rents, issues, and profits arising from the same, pay all expenses necessary to the maintenance and proper care of such premises, and the net income arising therefrom to invest in books or other school properties, or otherwise for and on behalf of the schools or any school in the district, and for the use and benefit of the pupils thereof, such real estate may be sold under the circumstances hereinafter enumerated and in the manner hereinafter prescribed.

##### **§ 18A:20-12** Proceedings to sell; when authorized {#sec-18a-20-12 omnilex-key=us-nj-statutes--title-18a--18A:20-12}

If any building upon the property so devised is or becomes old, dilapidated and greatly in need of extraordinary repairs, or if any such building is not well adapted or becomes not well adapted for business or other purposes for which it was built, or cannot be repaired or modernized so as to yield a good income without extraordinary expense, or when a fair rental, considering the value of the property, cannot be obtained for the same, or when the premises consist in whole or in part of vacant lots which cannot be rented for a fair price or at all, and when if sold the proceeds arising from the sale of the real estate could be invested and in that way yield a larger income than could be obtained by the renting or other use of the premises, then the board of education may institute a civil action in the superior court to direct such lands and other premises to be sold in fee simple absolute. The court may proceed in the action in a summary manner or otherwise.

##### **§ 18A:20-13** Sale of real estate charged with private bequest {#sec-18a-20-13 omnilex-key=us-nj-statutes--title-18a--18A:20-13}

When any such testator shall make a charge on any real estate so devised to any board of education, of any legacy or bequest to any other person in trust or otherwise, then no direction for the sale thereof shall be made by the court unless the beneficiary under the legacy or bequest is made a party defendant to the action; nor shall the sale be made unless it shall appear to the court that the rights and interests of the beneficiary under such legacy or bequest will not be prejudiced thereby and if a sale is directed the court shall make all necessary orders for the conservation of such legacy or bequest with respect to the investment of moneys arising from the sale.

##### **§ 18A:20-14** Sale; when ordered {#sec-18a-20-14 omnilex-key=us-nj-statutes--title-18a--18A:20-14}

If it shall be made to appear to the court by any person or persons whom it may concern that such sale may be had without prejudice to the public welfare and the best interests of the school or schools for whose benefit the devise was made, and that it is advisable and best for the beneficiaries of the trust, and that their interests would be promoted by the sale, the court may direct the lands and other premises to be sold in fee either at public or private sale, and with such limitations as to price and as to credit for purchase money as it may deem proper to direct.

##### **§ 18A:20-15** Conveyance; title of purchaser {#sec-18a-20-15 omnilex-key=us-nj-statutes--title-18a--18A:20-15}

A deed given pursuant to such directions and made by such person as may be designated by the court shall convey to the purchaser an estate in fee simple absolute, freely and fully discharged from the trust and any charge thereon created by the will of the testator.

##### **§ 18A:20-16** Investment of proceeds under direction of superior court {#sec-18a-20-16 omnilex-key=us-nj-statutes--title-18a--18A:20-16}

The moneys arising from any such sale shall be invested, under the direction of the superior court, by and in the name of the board of education to whom the real estate so sold shall have been devised and shall be held by it in trust for the uses and purposes set forth in the will. The court may from time to time make such further orders and directions in the premises as shall conserve the purposes of the trust and be deemed necessary to carry out the will of the testator.

##### **§ 18A:20-17** Equipping and establishing playgrounds, etc., funds {#sec-18a-20-17 omnilex-key=us-nj-statutes--title-18a--18A:20-17}

The board of education of any district may establish public playgrounds and recreation places of such size and dimensions and in such locations within or without the district as it shall deem suitable, and may lease, purchase or condemn, or acquire by gift or otherwise, the lands necessary therefor, and any moneys required in payment or for erecting or repairing buildings thereon or otherwise improving the same and providing equipment therefor shall be raised by, or furnished to, the board of education in the same manner as moneys are raised by, or furnished to, the board for school purposes.

##### **§ 18A:20-18** Transfer by municipality to board of education {#sec-18a-20-18 omnilex-key=us-nj-statutes--title-18a--18A:20-18}

Whenever the governing body of a municipality, in which any public playground and recreation place has been established, shall determine by resolution that it is advisable that it be relieved of the maintenance, control, and management thereof, the governing body may, without consideration, convey the same to the board of education of the school district in the municipality, for use for public playgrounds and recreation places if said board shall by resolution consent to accept, maintain, control and manage the same. The real estate so transferred and conveyed shall be under the control of and shall be maintained and managed by the board of education.

##### **§ 18A:20-19** Funds for maintenance of playgrounds and recreation places {#sec-18a-20-19 omnilex-key=us-nj-statutes--title-18a--18A:20-19}

Whenever any board of education has established any public playground or recreation place, or has assumed the maintenance, control, and management of a public playground or recreation place, it shall include in its annual budget an itemized statement of the amount of money estimated to be necessary for the cost of maintenance and management of such playground and recreation place for the ensuing year.

##### **§ 18A:20-20** Control and regulation of playgrounds and recreation places {#sec-18a-20-20 omnilex-key=us-nj-statutes--title-18a--18A:20-20}

The board of education shall have full control over all lands, public playgrounds, and recreation places acquired or leased by it, pursuant to law, and may adopt suitable rules for the use thereof, and the conduct of all persons while on or using the same.

##### **§ 18A:20-21** Supervisors and other employees {#sec-18a-20-21 omnilex-key=us-nj-statutes--title-18a--18A:20-21}

The board shall appoint such supervisors, instructors, teachers, custodians, and employees as it shall think necessary for the proper maintenance, control, and management of such public playgrounds and recreation places, and shall fix their compensation and terms of employment.

##### **§ 18A:20-22** School districts joining with municipality or county in equipment and operation {#sec-18a-20-22 omnilex-key=us-nj-statutes--title-18a--18A:20-22}

The board of education of any district may join with the governing body of any municipality, or the board of chosen freeholders of the county in which the district is located, in acquiring, improving, equipping, operating and maintaining playgrounds, playfields, gymnasiums, public baths, swimming pools, and indoor recreation centers, and may appropriate money therefor and may pay over to the said body or board such money as may be so appropriated to be disbursed for any of such joint purposes.

##### **§ 18A:20-23** Local improvement assessments; payment of {#sec-18a-20-23 omnilex-key=us-nj-statutes--title-18a--18A:20-23}

The board of education of any type II district may, in its discretion, pay assessments made against any of its real estate on account of special benefits conferred by any local improvement made by any municipality in which the district is located.

##### **§ 18A:20-24** Funds; how raised {#sec-18a-20-24 omnilex-key=us-nj-statutes--title-18a--18A:20-24}

The money with which to pay the assessments may be raised by the issuance of bonds or any other means authorized by law for raising of money for school purposes.

##### **§ 18A:20-25** Insurance of property {#sec-18a-20-25 omnilex-key=us-nj-statutes--title-18a--18A:20-25}

Every board of education shall keep all insurable property, real and personal, of the district insured against loss or damage by fire and, in its discretion, against other loss or damage.

##### **§ 18A:20-26** Board of education of city district may insure in municipal fund {#sec-18a-20-26 omnilex-key=us-nj-statutes--title-18a--18A:20-26}

Where a municipal insurance fund is established in any city and insurance fund commissioners appointed, the board of education of the city school district may in its discretion by resolution provide that from and after the adoption of the resolution, the school buildings and school property of the district be insured in the municipal insurance fund of the city.

##### **§ 18A:20-27** Each building and its contents insured separately {#sec-18a-20-27 omnilex-key=us-nj-statutes--title-18a--18A:20-27}

Each school building and its contents insured in such municipal insurance fund shall be insured separately and for definite and determined sums respectively, except where the insurance fund commissioners have insured the same in an insurance company as provided in this subarticle.

##### **§ 18A:20-28** Fixing and payment of premiums {#sec-18a-20-28 omnilex-key=us-nj-statutes--title-18a--18A:20-28}

The insurance fund commissioners of such city may fix reasonable rates of premium for all insurance carried on school buildings and school property of the school district by the fund, and the board of education shall pay forthwith to the insurance fund commissioners of the city the premium for any insurance carried by the municipal insurance fund on school buildings and school property of the city school district.

##### **§ 18A:20-29** Investment of premiums {#sec-18a-20-29 omnilex-key=us-nj-statutes--title-18a--18A:20-29}

All moneys received by the insurance fund commissioners for premiums on school buildings and school property insured in the municipal insurance fund of the city, except so much as may be necessary to pay premiums upon insurance placed upon any of such school buildings and school property with insurance companies as provided in this subarticle, shall be invested by the commissioners with the moneys of the municipal insurance fund and in the manner provided by law for the investment of such moneys.

##### **§ 18A:20-30** Appropriations to municipal fund {#sec-18a-20-30 omnilex-key=us-nj-statutes--title-18a--18A:20-30}

The body having control of the finances of any city wherein the school buildings and other school property of the city school district are insured in the municipal insurance fund may, from time to time, if in its judgment advisable, appropriate additional sums of money to the municipal insurance fund of the city from moneys under its control not otherwise appropriated, or by raising such sums in the tax levies for the years in which they are severally appropriated.

##### **§ 18A:20-31** Adjustment and payment of losses {#sec-18a-20-31 omnilex-key=us-nj-statutes--title-18a--18A:20-31}

In case of loss incurred by fire or other casualty insured against on any building or contents insured in the municipal insurance fund and not insured in an insurance company, if the loss be total, the commissioners shall pay the whole sum from the fund to the board of education of the district within 60 days. If the loss be partial, the sum to be paid shall be fixed and adjusted by a commission of adjustment consisting of a commissioner of the municipal insurance fund, the president of the board of education of the school district and the presiding officer of the board or body having control of the finances of the city.

##### **§ 18A:20-32** Commissioners may insure buildings and property in insurance companies {#sec-18a-20-32 omnilex-key=us-nj-statutes--title-18a--18A:20-32}

Whenever the insurance fund commissioners of any city deem it expedient, they may place insurance on school buildings and school property, insured in the municipal insurance fund, with insurance companies authorized to do business in this state. The premiums for such insurance in excess of the rates of premium thereon fixed by the commissioners shall be paid forthwith to the commissioners by the board of education of the district. The policies of insurance shall provide that the loss be payable to the board of education of the school district.

##### **§ 18A:20-33** Insurance money; use for reconstruction or repair {#sec-18a-20-33 omnilex-key=us-nj-statutes--title-18a--18A:20-33}

Whenever any of the school buildings and the furnishings thereof in any school district have been or shall have been partially or totally destroyed by fire or other casualty, the insurance moneys received by the board of education by reason thereof, whether payable from a municipal insurance fund or otherwise, may be used by the board for the repair, reconstruction, or rebuilding of the building and the purchase and repair of the furnishings and contents thereof, but the board shall not use the money for the erection of a building on a site other than that occupied by the building destroyed without the authority of the appropriating power. The board of education shall not enter into a contract for the construction of a building to cost more than the amount of insurance moneys received until the additional amount required shall have been authorized for expenditure for such purpose and regularly appropriated.

##### **§ 18A:20-34** Schoolhouse, rooms; permitted usage {#sec-18a-20-34 omnilex-key=us-nj-statutes--title-18a--18A:20-34}

The board of education of any district may, pursuant to rules adopted by it, permit the use of any schoolhouse and rooms therein, and the grounds and other property of the district, when not in use for school purposes, for any of the following purposes:

a. The assembly of persons for the purpose of giving and receiving instruction in any branch of education, learning, or the arts, including the science of agriculture, horticulture, and floriculture;

b. Public library purposes or stations of public libraries;

c. The holding of such social, civic, and recreational meetings and entertainments and such other purposes as may be approved by the board;

d. Such meetings, entertainments, and occasions where admission fees are charged as may be approved by the board;

e. Polling places, holding elections, registration of voters, and holding political meetings;

f. Child care services provided by the board of education, or a board approved sponsor, or a child care program licensed pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.), before or after regular school hours, for any school aged child who attends school within the school district.

##### **§ 18A:20-34.1** Rules, regulations relative to child care services, programs {#sec-18a-20-34.1 omnilex-key=us-nj-statutes--title-18a--18A:20-34.1}

3. 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.) necessary to effectuate the purposes of this act.

##### **§ 18A:20-36** Commissioner may order alteration or abandonment of buildings {#sec-18a-20-36 omnilex-key=us-nj-statutes--title-18a--18A:20-36}

The commissioner may direct the entire or partial abandonment of any building used for school purposes and may direct the making of such changes therein as to him may seem proper.

##### **§ 18A:20-37** Purchase of certain types of securities; definitions. {#sec-18a-20-37 omnilex-key=us-nj-statutes--title-18a--18A:20-37}

1. a. When authorized by resolution adopted by a majority vote of all its members the board of education of any school district may use moneys, which may be in hand, for the purchase of the following types of securities which, if suitable for registry, may be registered in the name of the school district:

(1) Bonds or other obligations of the United States of America or obligations guaranteed by the United States of America;

(2) Government money market mutual funds;

(3) Any obligation that a federal agency or a federal instrumentality has issued in accordance with an act of Congress, which security has a maturity date not greater than 397 days from the date of purchase, provided that such obligations bear a fixed rate of interest not dependent on any index or other external factor;

(4) Bonds or other obligations of the school district or bonds or other obligations of the local unit or units within which the school district is located;

(5) Bonds or other obligations, having a maturity date of not more than 397 days from the date of purchase, issued by New Jersey school districts, municipalities, counties, and entities subject to the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.). Other bonds or obligations having a maturity date not more than 397 days from the date of purchase may be approved by the Division of Investment in the Department of the Treasury for investment by school districts;

(6) Local government investment pools;

(7) Deposits with the State of New Jersey Cash Management Fund established pursuant to section 1 of P.L.1977, c.281 (C.52:18A-90.4);

(8) Agreements for the repurchase of fully collateralized securities, if:

(a) the underlying securities are permitted investments pursuant to paragraphs (1) and (3) of this subsection a. or are bonds or other obligations, having a maturity date of not more than 397 days from the date of purchase, issued by New Jersey school districts, municipalities, counties, and entities subject to the requirements of the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.);

(b) the custody of collateral is transferred to a third party;

(c) the maturity of the agreement is not more than 30 days;

(d) the underlying securities are purchased through a public depository as defined in section 1 of P.L.1970, c.236 (C.17:9-41) and for which a master repurchase agreement providing for the custody and security of collateral is executed; or

(9) Deposit of funds in accordance with the following conditions:

(a) the funds are initially invested through a public depository as defined in section 1 of P.L.1970, c.236 (C.17:9-41) designated by the school district;

(b) the designated public depository arranges for the deposit of the funds in deposit accounts in one or more federally insured banks , savings banks, savings and loan associations, or credit unions for the account of the school district;

(c) 100 percent of the principal and accrued interest of each deposit is insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund;

(d) the designated public depository acts as custodian for the school district with respect to those deposits; and

(e) on the same date that the school district's funds are deposited pursuant to subparagraph (b) of this paragraph, the designated public depository receives an amount of deposits from customers of other financial institutions, wherever located, equal to the amount of funds initially invested by the school district through the designated public depository.

b. Any investment instruments in which the security is not physically held by the school district shall be covered by a third party custodial agreement which shall provide for the designation of such investments in the name of the school board and prevent unauthorized use of such investments.

c. Purchase of investment securities shall be executed by the "delivery versus payment" method to ensure that securities are either received by the school district or a third party custodian prior to or upon the release of the school district's funds.

d. Any investments not purchased and redeemed directly from the issuer, government money market mutual fund, local government investment pool, or the State of New Jersey Cash Management Fund, shall be purchased and redeemed through the use of a national or State bank located within this State or through a broker-dealer which, at the time of purchase or redemption, has been registered continuously for a period of at least two years pursuant to section 9 of P.L.1967, c.93 (C.49:3-56) and has at least $25 million in capital stock (or equivalent capitalization if not a corporation), surplus reserves for contingencies and undivided profits, or through a securities dealer who makes primary markets in U.S. Government securities and reports daily to the Federal Reserve Bank of New York its position in and borrowing on such U.S. Government securities.

e. For the purposes of this section:

(1) a "government money market mutual fund" means an investment company or investment trust:

(a) which is registered with the Securities and Exchange Commission under the "Investment Company Act of 1940," 15 U.S.C. s.80a-1 et seq., and operated in accordance with 17 C.F.R. s.270.2a-7, except that a government money market mutual fund may not impose liquidity fees or redemption gates regardless of whether permitted to do so under 17 C.F.R. s.270.2a-7;

(b) the portfolio of which is limited to U.S. Government securities that meet the definition of an eligible security pursuant to 17 C.F.R. s.270.2a-7, securities that have been issued by New Jersey school districts, municipalities, counties, and entities subject to the requirements of the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.) that meet the definition of an eligible security pursuant to 17 C.F.R. s.270.2a-7 and repurchase agreements that are collateralized by such securities in which direct investment may be made pursuant to paragraphs (1), (3), and (5)of subsection a. of this section ; and

(c) which is rated by a nationally recognized statistical rating organization.

(2) a "local government investment pool" means an investment pool:

(a) which is managed in accordance with generally accepted accounting and financial reporting principles for local government investment pools established by the Governmental Accounting Standards Board;

(b) which is rated in the highest category by a nationally recognized statistical rating organization;

(c) the portfolio of which is limited to U.S. Government securities that meet the definition of an eligible security pursuant to 17 C.F.R. s.270.2a-7, securities that have been issued by New Jersey school districts, municipalities, counties, and entities subject to the requirements of the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.) that meet the definition of an eligible security pursuant to 17 C.F.R. s.270.2a-7 and repurchase agreements that are collateralized by such securities in which direct investment may be made pursuant to paragraphs (1), (3), and (5) of subsection a. of this section;

(d) which is in compliance with such rules as may be adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) by the Local Finance Board of the Division of Local Government Services in the Department of Community Affairs, which may promulgate rules providing for disclosure and reporting requirements, and other provisions deemed necessary by the board to provide for the safety, liquidity and yield of the investments;

(e) which does not permit investments in instruments that: are subject to high price volatility with changing market conditions; cannot reasonably be expected, at the time of interest rate adjustment, to have a market value that approximates their par value; or utilize an index that does not support a stable net asset value ;

(f) which purchases and redeems investments directly from the issuer, a government money market mutual fund, or the State of New Jersey Cash Management Fund, or through the use of a national or State bank located within this State, or through a broker-dealer which, at the time of purchase or redemption, has been registered continuously for a period of at least two years pursuant to section 9 of P.L.1967, c.93 (C.49:3-56) and has at least $25 million in capital stock (or equivalent capitalization if not a corporation), surplus reserves for contingencies and undivided profits, or through a securities dealer who makes primary markets in U.S. Government securities and reports daily to the Federal Reserve Bank of New York its position in and borrowing on such U.S. Government securities;and

(g) which does not impose liquidity fees or redemption gates.

f. Investments in, or deposits or purchases of financial instruments made pursuant to this section shall not be subject to the requirements of the "Public School Contracts Law," N.J.S.18A:18A-1 et seq.

##### **§ 18A:20-38** Record of receipt; report; filing; transmittal of securities to depository {#sec-18a-20-38 omnilex-key=us-nj-statutes--title-18a--18A:20-38}

When said securities are received by the school district, the secretary shall duly record the receiving thereof in an appropriate manner and at the next regular or special meeting after such receipt, he shall transmit a written report to the board of education, setting forth the amount of securities so received, the series, date and the numbers and interest periods, if any, thereof and at the same time, transmit said securities to such depository, person or persons as the board of education shall direct for safekeeping. Such written report shall be recorded in the minutes at such meeting, and a certified copy of such minute record shall forthwith be filed with the Bureau of Financial Regulation and Assistance in the Department of the Treasury.

##### **§ 18A:20-39** Securities not to be canceled; sale; resolution {#sec-18a-20-39 omnilex-key=us-nj-statutes--title-18a--18A:20-39}

Securities of a school district, purchased by it, shall not be canceled but may be sold as and when directed by resolution adopted by a majority vote of all the members of the board of education.

##### **§ 18A:20-40** Testing for radon in public school building {#sec-18a-20-40 omnilex-key=us-nj-statutes--title-18a--18A:20-40}

3. a. Except as may be provided pursuant to subsection b. of this section, every public school building used as a public school in the State shall be tested for the presence of radon gas or radon progeny at least once every five years. If the public school has been tested less than five years prior to the effective date of this act, then the test shall be performed within five years of that test and once every five years thereafter.

b. The Commissioner of Education, in consultation with the Department of Environmental Protection, shall determine the extent of testing required and the locations for the testing, provided that at least every public school building used as a public school in which a child care center is operated by a nonprofit organization is tested by the school in which the child care center is operated for the presence of radon gas or radon progeny at least once every five years. The superintendent of each school district in the State, in consultation with the Department of Environmental Protection and the principal of each school to be tested, shall determine the buildings to be tested, the locations within each building to be tested, the method of testing, and the procedures concerning notification and circulation of the testing results.

## **Chapter 21** {#struct-chapter-21}

##### **§ 18A:21-1** Capital projects; description {#sec-18a-21-1 omnilex-key=us-nj-statutes--title-18a--18A:21-1}

The capital projects which may be undertaken by a board of education, for any lawful purposes, the cost whereof may be provided for from taxes, or by the issuance of bonds, as provided by this chapter, are as follows:

1. The acquisition by purchase or condemnation of lands;

2. The grading, draining and landscaping of lands owned or to be acquired by the board and the improvement thereof in any like manner;

3. The acquisition, construction, reconstruction, remodeling, alteration, enlargement or major repair of buildings; and

4. The purchase of the original furniture, equipment and apparatus, or of major renewals of furniture, equipment and apparatus, for any building used or to be used for such purposes.

##### **§ 18A:21-2** Authorization; establishment of accounts {#sec-18a-21-2 omnilex-key=us-nj-statutes--title-18a--18A:21-2}

The board of school estimate of any district having such a board and the board of education of any other district may establish a capital reserve account pursuant to this article which may be maintained and used as in this article provided.

##### **§ 18A:21-3** Earnings credited to capital reserve accounts. {#sec-18a-21-3 omnilex-key=us-nj-statutes--title-18a--18A:21-3}

The account shall be established by resolution of the board of school estimate or the board of education, as the case may be, in such form as shall be prescribed by the commissioner, a true copy of which shall be filed with the department. The account shall include the earnings attributable to the investment of the assets of the account.

##### **§ 18A:21-4** Use of capital reserve accounts. {#sec-18a-21-4 omnilex-key=us-nj-statutes--title-18a--18A:21-4}

A board of education may in any school year draw against its capital reserve account, up to the amount of the balance therein, to the extent that the withdrawal is anticipated as a revenue in the school budget for the then current school year or approved by the commissioner for good cause; provided, that no money drawn from the account may be used for current expenses of the general fund or debt service payments but shall be used exclusively for capital expenses of the general fund or capital projects fund when expressly authorized as part of a referendum, except as provided for in section 2 of P.L.2018, c.90 (C.18A:18A-60).

##### **§ 18A:21-5** Maintenance of capital reserve accounts {#sec-18a-21-5 omnilex-key=us-nj-statutes--title-18a--18A:21-5}

The capital reserve account of each district shall be maintained by the local district, in accordance with procedures to be established by the commissioner.

## **Chapter 22** {#struct-chapter-22}

##### **§ 18A:22-1** Number of members; appointments; vacancies {#sec-18a-22-1 omnilex-key=us-nj-statutes--title-18a--18A:22-1}

There shall be in each type I district a board of school estimate, which shall consist of two members of the board of education appointed by it, two members of the governing body of the municipality appointed by it, and the mayor or other chief executive officer of the municipality or if there be no chief executive officer then an additional member appointed by the governing body. Appointments shall be made annually in December, and vacancies shall be filled immediately by appointment as the original appointments were made for the unexpired terms.

##### **§ 18A:22-2** Secretary {#sec-18a-22-2 omnilex-key=us-nj-statutes--title-18a--18A:22-2}

The secretary of the board of education shall serve as secretary of the board of school estimate without additional compensation.

##### **§ 18A:22-3** Application of subarticle {#sec-18a-22-3 omnilex-key=us-nj-statutes--title-18a--18A:22-3}

The provisions of this subarticle shall apply to every type II local district having within its territorial limits more than one municipality, and having a population of more than 10,000, in which there is now a board of school estimate.

##### **§ 18A:22-4** Membership; terms; vacancies {#sec-18a-22-4 omnilex-key=us-nj-statutes--title-18a--18A:22-4}

The board of school estimate shall consist of the chief executive officer of the governing body of each municipality and the president of the board of education of the district ex officio, and two members of the governing body of each municipality, to be chosen by their respective governing bodies and one member of the board of education of the district, to be chosen by said board, all of whom shall be chosen during the month of January and shall serve for one year from February 1 and until their successors are chosen. Vacancies occurring in the board shall be filled in like manner for the unexpired terms.

##### **§ 18A:22-5** Majority of all members {#sec-18a-22-5 omnilex-key=us-nj-statutes--title-18a--18A:22-5}

When it is required by law that any action shall be taken by at least a majority of the full membership of the board of school estimate, such majority must include a majority of the members, representing the respective municipal governing bodies and the action shall be certified accordingly.

##### **§ 18A:22-6** Secretary {#sec-18a-22-6 omnilex-key=us-nj-statutes--title-18a--18A:22-6}

The secretary of the board of education shall be the secretary of the board of school estimate, but shall receive no compensation as such.

##### **§ 18A:22-7** Budgets; preparation. {#sec-18a-22-7 omnilex-key=us-nj-statutes--title-18a--18A:22-7}

Except as otherwise provided in this section, the board of education of every school district having a board of school estimate shall prepare and deliver to each member of the board of school estimate, on or before March 22 in each year, and the board of education of every other school district shall prepare a budget for the school district for the ensuing year, on or before March 22. In the case of a school district with an annual school election in November, the board of education of every school district having a board of school estimate shall prepare and deliver to each member of the board of school estimate, on or before April 20 in each year, and the board of education of every other school district shall prepare a budget for the school district for the ensuing year on or before April 20.

##### **§ 18A:22-8** Contents of budget; format. {#sec-18a-22-8 omnilex-key=us-nj-statutes--title-18a--18A:22-8}

The budget shall be prepared in such detail and upon such forms as shall be prescribed by the commissioner and to it shall be annexed a statement so itemized as to make the same readily understandable, in which shall be shown:

a. In tabular form there shall be set forth the following:

(1) The total expenditure for each item for the preceding school year, the amount appropriated for the current school year adjusted for transfers as of February 1 of the current school year, and the amount estimated to be necessary to be appropriated for the ensuing school year, indicated separately for each item as determined by the commissioner;

(2) The amount of the surplus account available at the beginning of the preceding school year, at the beginning of the current school year, and the amount anticipated to be available for the ensuing school year;

(3) The amount of revenue available for budget purposes for the preceding school year, the amount available for the current school year as of February 1 of the current school year, and the amount anticipated to be available for the ensuing school year in the following categories:

(a) Total to be raised by local property taxes

(b) Total State aid

(i) Equalization aid

(ii) Special education categorical aid

(iii) Transportation aid

(iv) Preschool education aid

(v) Security aid

(vi) Adjustment aid

(vii) Other (detailed at the discretion of the commissioner)

(c) Total federal aid

(i) Elementary and Secondary Education Act of 1965 (20 U.S.C.s.2701 et seq.)

(ii) Students with disabilities

(iii) Impact Aid

(iv) Vocational

(v) Other (detailed at the discretion of the commissioner)

(d) Other sources (detailed at the discretion of the commissioner).

b. (Deleted by amendment, P.L.1993, c.117).

c. In the event that the total expenditure for any item of appropriation is equal to $0.00 for: (1) the preceding school year, (2) the current school year, and (3) the amount estimated to be necessary to be appropriated for the ensuing school year, that item shall not be required to be published pursuant to N.J.S.18A:22-11.

d. The instruction function of the budget shall be divided at a minimum into elementary (K-5), middle school (6-8), and high school (9-12) cost centers, each of which shall be further divided by the core curriculum content areas. The commissioner shall phase in these requirements as soon as practicable.

e. The budget as adopted for the school year pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5) shall be provided for public inspection on the school district's Internet site, if one exists, and made available in print in a "user-friendly" format using plain language. The Commissioner of Education shall promulgate a "user-friendly," plain language budget summary format for the use of school districts for this purpose.

##### **§ 18A:22-8a** "User-friendly" plain language budget summary forms for school districts; information; submission; availability. {#sec-18a-22-8a omnilex-key=us-nj-statutes--title-18a--18A:22-8a}

2. a. The Commissioner of Education shall promulgate "user-friendly," plain language budget summary forms for the use of school districts. The commissioner shall also promulgate a procedure for the submission by each school district of the required budget summary form to the Department of Education following the approval of the budget.

b. The plain language budget summary shall provide the public with information in summary form about the budget of the school district and shall include, in addition to an abbreviated version of the formal budget adopted by the school district, such statistical information as the commissioner determines to be useful for the public's understanding of the school district's fiscal matters and condition, and shall also include, but not be limited to, the following information for both the district's budget year and the prebudget year: all line items of appropriation aggregated by item type; the school tax rate; the equalized school tax rate; revenues by major category; the amount of available surplus; a description of unusual revenues or appropriations, with a description of the circumstances of the revenues or appropriations; and a list of shared service agreements in which the district is participating.

c. The plain language budget summary shall be submitted to the Department of Education in such form as determined by the commissioner, and, upon its receipt of the summary, the department shall make the summary available to the public through an Internet website maintained by the department in an easily accessible location. The information on the web site shall be presented as data that can be downloaded by the public for comparative purposes using commonly-used software.

##### **§ 18A:22-8b** Required promulgation of forms, procedures. {#sec-18a-22-8b omnilex-key=us-nj-statutes--title-18a--18A:22-8b}

3. Not later than the first day of the sixth month next following the enactment of P.L.2007, c.53 (C.18A:55-3 et al.), the Commissioner of Education shall promulgate the "user friendly," plain language budget summary forms and procedures required pursuant to section 2 of P.L.2007, c.53 (C.18A:22-8a).

##### **§ 18A:22-8c** Rules, regulations to effectuate certain budgeting, fiscal procedures. {#sec-18a-22-8c omnilex-key=us-nj-statutes--title-18a--18A:22-8c}

7. 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 budgeting and fiscal procedures under chapter 22 of Title 18A of the New Jersey Statutes which shall be effective for a period not to exceed 12 months following the effective date of P.L.2008, c.37 (C.18A:11-13 et al.). 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.

##### **§ 18A:22-8.1** Transfer of funds, conditions. {#sec-18a-22-8.1 omnilex-key=us-nj-statutes--title-18a--18A:22-8.1}

2. Except as otherwise provided pursuant to this section, whenever a school district desires to transfer amounts among line items and program categories, the transfers shall be by resolution of the board of education approved by a two-thirds affirmative vote of the authorized membership of the board; however, a board may, by resolution, designate the chief school administrator to approve such transfers as are necessary between meetings of the board. Transfers approved by the chief school administrator shall be reported to the board, ratified and duly recorded in the minutes at a subsequent meeting of the board, but not less than monthly. Transfers of surplus amounts or any other unbudgeted or underbudgeted revenue to line items and program categories shall require the approval of the Commissioner of Education and shall only be approved between April 1 and June 30 for line items and program categories necessary to achieve the thoroughness standards established pursuant to section 4 of P.L.2007, c.260 (C.18A:7F-46); except that upon a two-thirds affirmative vote of the authorized membership of a board of education, the board may petition the commissioner for authority to transfer such revenue prior to April 1 due to an emergent circumstance and the commissioner may authorize the transfer if he determines that the transfer is necessary to meet such emergency. Transfers from any general fund appropriation account that, on a cumulative basis, exceed 10% of the amount of the account included in the school district's budget as certified for taxes shall require the approval of the commissioner. In a school district wherein the Commissioner of Education has directed an in-depth evaluation pursuant to subsection e. of section 14 of P.L.1975, c.212 (C.18A:7A-14), the board of education shall obtain the written approval of the executive county superintendent of schools prior to implementing any board authorized transfer of funds.

##### **§ 18A:22-8.2** Certain transfers not allowed {#sec-18a-22-8.2 omnilex-key=us-nj-statutes--title-18a--18A:22-8.2}

3. No transfer may be made under this section from appropriations or surplus accounts for:

a. Interest and debt redemption charges;

b. Capital reserve account;

c. Items classified as general fund expenses except to other items so classified, or to the capital projects fund to supplement the proceeds from a bond authorization or lease purchase agreement upon application to and a formal finding by the commissioner that the transfer is in the best interests of both the students and taxpayers of the district after consideration of alternative corrective actions.

##### **§ 18A:22-9** Categories of expenditures; fixing {#sec-18a-22-9 omnilex-key=us-nj-statutes--title-18a--18A:22-9}

The commissioner shall, with the approval of the state board, prescribe the items of expenditure to be included in each category of appropriation mentioned in subsection a. of section 18A:22-8 in accordance with the terms thereof any may, upon request, decide in which category a proposed item of expenditure shall be included.

##### **§ 18A:22-10** Fixing date, etc. for public hearing. {#sec-18a-22-10 omnilex-key=us-nj-statutes--title-18a--18A:22-10}

Upon the preparation of its budget, each board of education shall fix a date, place and time for the holding of a public hearing upon said budget and the amounts of money necessary to be appropriated for the use of the public schools for the ensuing school year and the various items and purposes for which the same are to be appropriated. Except as otherwise provided in this section, in districts having a board of school estimate, the hearing shall be held before the board of school estimate between March 22 and March 29; and in districts having no board of school estimate and Type II districts with a board of school estimate, in which the annual school election is in April, the hearing shall be held before the board of education between March 22 and March 29. In the case of a school district with an annual school election in November, the hearing shall be held before the board of education between April 24 and May 7.

##### **§ 18A:22-11** Notice of public hearing {#sec-18a-22-11 omnilex-key=us-nj-statutes--title-18a--18A:22-11}

The board of education shall cause notice of such public hearing and the statement annexed to the budget to be published at least once in at least one newspaper published in the district and if no newspaper be published therein, then in at least one newspaper circulating in said district not less than four days prior to the date fixed for such public hearing.

##### **§ 18A:22-12** Contents of notice. {#sec-18a-22-12 omnilex-key=us-nj-statutes--title-18a--18A:22-12}

The notice shall also set forth that said budget will be on file and open to the examination of the public between reasonable hours to be fixed therein and at a place to be named therein, from the date of said publication until the date of the holding of the public hearing, that in any district having a board of school estimate, except as otherwise provided in this section, the public hearing will be held before the board of school estimate and in other districts that the public hearing will be held before the board of education and that at said public hearing said budget will be on file and open to the examination of the public accordingly and will be produced for the information of those attending the same. In a Type II district having a board of school estimate in which the annual school election is in April or November, the public hearing shall be held before the board of education.

##### **§ 18A:22-13** Public hearing; objections; heard, etc. {#sec-18a-22-13 omnilex-key=us-nj-statutes--title-18a--18A:22-13}

On the date and at the time and place, so fixed, the board of school estimate or the board of education, as the case may be, shall hold such public hearing at which the taxpayers and other interested persons shall have an opportunity to present objections and to be heard with respect to said budget and the amounts of money necessary to be appropriated and the various items and purposes for which the same are to be appropriated for the use of the public schools in the district for the ensuing school year.

##### **§ 18A:22-14** Board of school estimate of type I district to determine appropriation amount {#sec-18a-22-14 omnilex-key=us-nj-statutes--title-18a--18A:22-14}

At or after the public hearing but not later than April 8, the board of school estimate of a type I district shall fix and determine by official action taken at a public meeting of the board the amount of money necessary to be appropriated for the use of the public schools in the district for the ensuing school year pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5), exclusive of the amount which shall have been apportioned to it by the commissioner and shall make two certificates of the amount signed by at least three members of the board, one of which shall be delivered to the board of education and the other to the governing body of the district. Within 15 days after receiving the certificate the board of education shall notify the board of school estimate and governing body of the district if it intends to appeal to the commissioner the board of school estimate's determination as to the amount of money requested pursuant to the provisions of section 5 of P.L.1996, c.138 (C.18A:7F-5), necessary to be appropriated for the use of the public schools of the district for the ensuing school year.

##### **§ 18A:22-15** Appropriations, how made {#sec-18a-22-15 omnilex-key=us-nj-statutes--title-18a--18A:22-15}

The governing body of each municipality comprising a type I district shall, upon the receipt of the certificate of the board of school estimate:

a. Appropriate the amount, so certified, for the use of the public schools in the district for the ensuing school year, if such appropriations in the district are not made upon a calendar year basis; or

b. Appropriate not less than one half of the amount, so certified, if such appropriations in the district are made upon a calendar year basis, and in any year except the first in which such appropriation is so made, appropriate also the unappropriated balance, if any, of the sum previously certified by the board of school estimate for the current school year.

##### **§ 18A:22-16** Resumption of school year appropriations {#sec-18a-22-16 omnilex-key=us-nj-statutes--title-18a--18A:22-16}

Nothing in this article shall prevent the resumption by the governing body of each municipality comprising such district of the method of making appropriations for the use of the public schools in the district on the school year basis and thereafter the annual appropriations for such purposes shall be budgeted, certified and made and shall be assessed, levied and raised by taxation in such manner as may be necessary to give effect to such change.

##### **§ 18A:22-17** Tax ordinance; assessment, levy and collection of appropriations; notice of intent to appeal amount of appropriation {#sec-18a-22-17 omnilex-key=us-nj-statutes--title-18a--18A:22-17}

The governing body of the municipality shall include the amount so appropriated in its tax ordinance, and the same shall be assessed, levied and collected in the same manner as other moneys appropriated are assessed, levied and collected, but the governing body shall not be required so to appropriate any amount in excess of 1 1/2 % of the assessed valuation of the ratables of the municipality, but may do so if it so determines by resolution.

Within 20 days after the governing body of the municipality appropriates in its tax ordinance an amount for the use of the public schools of the district for the ensuing school year, the board of education shall notify the governing body if it intends to appeal to the commissioner the amount so appropriated.

##### **§ 18A:22-18** Capital projects; appropriations; estimation. {#sec-18a-22-18 omnilex-key=us-nj-statutes--title-18a--18A:22-18}

When a board of education of a type I district shall determine by resolution that it is necessary to sell school bonds to raise money for any capital project authorized by law, it shall prepare and deliver to each member of the board of school estimate a statement of the amount of money estimated to be necessary for such purpose. The statement shall include the amount needed to be raised by school bonds, the final eligible costs of the project as approved by the commissioner pursuant to section 5 of P.L.2000,c.72 (C.18A:7G-5) and in the case of a demonstration project pursuant to sections 5 and 6 of P.L.2000, c.72 (C.18A:7G-5 and C.18A:7G-6), and, if applicable, the amount of any costs of the project which are in addition to the final eligible costs.

##### **§ 18A:22-19** Determination of local share amount. {#sec-18a-22-19 omnilex-key=us-nj-statutes--title-18a--18A:22-19}

The board of school estimate shall fix and determine the local share amount necessary for said purpose and shall certify such amount separately to the board of education and to the governing body of the municipality.

##### **§ 18A:22-20** Capital projects; appropriations; how raised {#sec-18a-22-20 omnilex-key=us-nj-statutes--title-18a--18A:22-20}

The governing body of the municipality shall, subject to the limitations hereinafter contained, borrow the sum or sums determined pursuant to N.J.S.18A:22-19, and secure repayment thereof, with interest thereon, at a rate not to exceed 6% per annum, by the authorization and issuance of bonds in the corporate name of the municipality, in accordance with law.

The governing body shall not be required to appropriate any amount which if added to the net school debt of the district at the date of the appropriation shall exceed 1 1/2 % of the average equalized valuations of taxable property as defined in section 18A:24-1, but may do so if it so determines by resolution.

##### **§ 18A:22-21** Additional appropriations; purposes; estimation {#sec-18a-22-21 omnilex-key=us-nj-statutes--title-18a--18A:22-21}

When a board of education of a type I district shall determine by resolution that it is necessary to raise in any school year funds additional to those set forth in its annual budget for such year for:

(1) current expenses or repair or furnishing of buildings made necessary because the amount requisite therefor was underestimated in the budget; or

(2) repair or utilization of property destroyed or made unusable by accident or other unforeseen cause; or

(3) meeting emergencies arising since the making of such budget;

the board shall prepare and deliver to each member of the board of school estimate a statement of the amount of money determined to be necessary therefor.

##### **§ 18A:22-22** Additional appropriations; fixing and certifying {#sec-18a-22-22 omnilex-key=us-nj-statutes--title-18a--18A:22-22}

The board of school estimate shall meet within a reasonable time after the delivery of the statement and fix and determine the amount necessary for such purpose or purposes and shall certify the same separately to the board of education and to the governing body of the municipality.

##### **§ 18A:22-23** Additional appropriations; raising. {#sec-18a-22-23 omnilex-key=us-nj-statutes--title-18a--18A:22-23}

Upon receipt of the certificate, the governing body of the municipality shall immediately appropriate the sum or sums for the purpose or purposes and shall raise such sum or sums in the manner provided by law for the raising of such funds by the municipality in emergencies, and the raising of the funds required by such certificate, in such a case, shall be considered an emergency. Upon raising the funds, the governing body shall cause the sum or sums to be paid forthwith to the secretary or treasurer, as appropriate, of the district for such purpose or purposes.

##### **§ 18A:22-24** Charter limitations on tax rate, etc., inapplicable {#sec-18a-22-24 omnilex-key=us-nj-statutes--title-18a--18A:22-24}

No limitation imposed by charter in any municipality, as to the amount or rate of taxes or as to any other matter, shall apply to the raising of money under this chapter.

##### **§ 18A:22-25** Borrowing against appropriation on notes {#sec-18a-22-25 omnilex-key=us-nj-statutes--title-18a--18A:22-25}

The board of education may, after July 1 and before January 1, borrow a sum not exceeding one half of the amount appropriated for the current expenses of the schools and for the repair of schoolhouses under its control, and execute and deliver promissory notes therefor, and pay the amount so borrowed together with interest thereon, at a rate not exceeding 6% per annum.

##### **§ 18A:22-26** Board of school estimate, board of education of type II district to determine appropriation amount. {#sec-18a-22-26 omnilex-key=us-nj-statutes--title-18a--18A:22-26}

a. At or after the public hearing but not later than April 8, the board of education of a Type II district having a board of school estimate in which the annual school election is in April, shall fix and determine by a recorded roll call majority vote of its full membership the amount of money necessary to be appropriated for the use of the public schools in the district for the ensuing school year, exclusive of the amount which shall be apportioned to it by the commissioner for the year pursuant to the provisions of section 5 of P.L.1996, c.138 (C.18A:7F-5). By that same date, the board of school estimate shall fix and determine by a recorded roll call majority vote of its full membership the amount of any additional funds pursuant to paragraph (9) of subsection d. of section 5 of P.L.1996, c.138 (C.18A:7F-5) and shall make a certificate of that amount signed by at least a majority of all members of the board, which shall be delivered to the board of education. The secretary of the board of education shall certify the amount so fixed and determined by the board of education and the board of school estimate and shall deliver a copy of the certificate to the county board of taxation on or before April 15 in each year and a duplicate of the certificate shall be delivered to the board or governing body of each of the municipalities within the territorial limits of the district having the power to make appropriations of money raised by taxation in the municipalities or political subdivisions and to the executive county superintendent of schools and the amount shall be assessed, levied, and raised under the procedure and in the manner provided by law for the levying and raising of special school taxes in other Type II districts and shall be paid to the board secretary or treasurer of school moneys, as appropriate, of the district for such purposes.

b. At or after the public hearing on the budget but not later than May 14, the board of education of each Type II district having a board of school estimate in which the annual school election is in November shall fix and determine by a recorded roll call majority vote of its full membership the amount of money necessary to be raised for the use of the public schools in the district, exclusive of the amount which shall be apportioned to it by the commissioner for the year pursuant to the provisions of section 5 of P.L.1996, c.138 (C.18A:7F-5). By that same date, the board of school estimate shall fix and determine by a recorded roll call majority vote of its full membership the amount of any additional funds pursuant to paragraph (9) of subsection d. of section 5 of P.L.1996, c.138 (C.18A:7F-5) and shall make a certificate of that amount signed by at least a majority of all members of the board, which shall be delivered to the board of education. The secretary of the board of education shall certify the amount so fixed and determined by the board of education and the board of school estimate and shall deliver a copy of the certificate to the county board of taxation of the county on or before May 19 in each year and a duplicate of the certificate shall be delivered to the board or governing body of each of the municipalities within the territorial limits of the districts having the power to make appropriations of money raised by taxation in the municipalities or political subdivisions and to the executive county superintendent of schools and the amount shall be assessed, levied, and raised under the procedure and in the manner provided by law for the levying and raising of special school taxes in other Type II districts and shall be paid to the board secretary or treasurer of school moneys, as appropriate, of the district for these purposes.

##### **§ 18A:22-27** Type II districts with boards of school estimate; estimate by board of education; certification of estimate. {#sec-18a-22-27 omnilex-key=us-nj-statutes--title-18a--18A:22-27}

Whenever the board of education in a type II school district having a board of school estimate shall, by resolution adopted by recorded roll call affirmative vote of two thirds of its full membership, determine that it is necessary to sell school bonds to raise money for any capital project, it shall, by such resolution, estimate the amount necessary to be raised for such project or projects, itemizing such estimate so as to make it readily understandable, and the secretary of the board of education shall certify a copy of such resolution to each member of the board of school estimate of the district. The resolution shall include the amount needed to be raised by school bonds, the final eligible costs of the project as approved by the commissioner pursuant to section 5 of P.L.2000, c.72 (C.18A:7G-5) and in the case of a demonstration project pursuant to sections 5 and 6 of P.L.2000, c.72 (C.18A:7G-5 and C.18A:7G-6) , and, if applicable, the amount of any costs of the project which are in addition to the final eligible costs.

##### **§ 18A:22-28** Public hearing by board of school estimate; notice. {#sec-18a-22-28 omnilex-key=us-nj-statutes--title-18a--18A:22-28}

The board of education of such district shall also, upon delivery of such certificate to the members of the board of school estimate, fix a date, place and time for the holding of a public hearing by the board of school estimate with respect to the amount of money to be raised locally for such project or projects, which date shall be not less than 15 nor more than 30 days after the date of such delivery, and shall cause notice of such public hearing and such resolution, including a statement that said resolution will be on file and open to examination to the public between reasonable hours to be fixed and at a place to be named therein from the date of such notice until the date of said public hearing, to be published at least once and not less than seven days before such public hearing in at least one newspaper, published in each municipality comprised within the school district, and if no newspaper is published in any such municipality, then, as to such municipality, in at least one newspaper circulating in the municipality, and said board of education shall cause said resolution to be on file and open to the examination of the public accordingly and to be produced at said public hearing for the information of those attending the same.

##### **§ 18A:22-29** Public hearing, public participation. {#sec-18a-22-29 omnilex-key=us-nj-statutes--title-18a--18A:22-29}

On the date and at the time and place so fixed for such public hearing, the board of school estimate shall grant the taxpayers and other interested persons an opportunity to present objections and to be heard with respect to said resolution and the amount of money necessary to be raised locally for such project or projects and with respect to the various items and projects for which the same is to be raised.

##### **§ 18A:22-30** Determination of amount to be raised locally. {#sec-18a-22-30 omnilex-key=us-nj-statutes--title-18a--18A:22-30}

At or after such hearing the board of school estimate shall fix and determine the amount of money necessary to be raised locally for said project or projects, and the secretary of said board shall certify said amount to the board of education of the district and to the board or body of each municipality comprised therein which has power to make appropriations of money to be raised by taxes in such municipality. The board of education of the district and the governing body of each such municipality comprising the district shall apportion the amount so to be appropriated, assessed, levied and raised in each of such municipalities, as nearly as may be, on the same basis and by the application of the same standards as are provided by law for apportionment of appropriations by county tax boards.

##### **§ 18A:22-31** Determination of amounts by board of school estimate {#sec-18a-22-31 omnilex-key=us-nj-statutes--title-18a--18A:22-31}

In any district in which the amounts to be raised, levied and collected by taxes for school purposes are fixed and determined by a board of school estimate, the secretary of the board of education shall certify the amounts so estimated to be necessary for said purposes, itemizing the same so as to make the same readily understandable, to each member of the board of school estimate of the district and said board of school estimate shall meet within seven days after the delivery of said certificates and by a recorded roll call majority vote of its full membership, shall fix and determine the amounts necessary to be raised for said purposes, and the secretary of said board shall certify, within five days, said amounts to the board of education, to the board or body of each municipality situate within the district which has power to make appropriations of money to be raised by taxes in such municipality, to the county board of taxation and to the county superintendent of schools.

##### **§ 18A:22-32** Appropriation determination for certain type II districts. {#sec-18a-22-32 omnilex-key=us-nj-statutes--title-18a--18A:22-32}

a. Except as otherwise provided in subsection b. of this section, at or after the public hearing on the budget but not later than 18 days prior to the April school election, the board of education of each type II district having no board of school estimate shall fix and determine by a recorded roll call majority vote of its full membership the amount of money to be raised pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5) and any additional funds to be voted upon by the legal voters of the district at the April school election pursuant to paragraph (9) of subsection d. of section 5 of that act, which sum or sums shall be designated in the notice calling the election as required by law.

b. At or after the public hearing on the budget but not later than May 14, the board of education of each type II district having no board of school estimate in which the annual school election is in November, shall fix and determine by a recorded roll call majority vote of its full membership the amount of money to be raised pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5) and any additional funds to be voted upon by the legal voters of the district at the November school election pursuant to paragraph (9) of subsection d. of section 5 of that act, which sum or sums shall be designated in the notice calling the election as required by law.

##### **§ 18A:22-33** Submission of budget and authorization of tax. {#sec-18a-22-33 omnilex-key=us-nj-statutes--title-18a--18A:22-33}

a. (Deleted by amendment, P.L.2023, c.289)

b. In the case of a Type II district not having a board of school estimate, by May 19 the secretary of the board of education shall certify the amount fixed and determined by the school board pursuant to N.J.S.18A:22-32, other than any additional funds to be voted upon by the legal voters of the district in November, and the sums so stated for interest and debt redemption charges, to the county board of taxation of the county and the amount or amounts so certified shall be included in the taxes assessed, levied and collected in the municipality or municipalities comprising the district for such purposes; except that, in the case of a district which determines that it has a greater surplus account available for the school year than estimated when the sum to be raised by special district tax was certified to the county board of taxation of the county, the secretary of the board of education, with the approval of the commissioner, may between May 19 and the delivery of tax bills pursuant to R.S.54:4-64 re-certify to the county board of taxation the sum or sums to be raised by special district tax in the district during the ensuing school year, if the sum is lower than that initially certified to the county board of taxation of the county, and if the reduction is equivalent to the additional amount available in the surplus account to be applied towards the district's budget. The amount re-certified shall be included in the taxes assessed, levied and collected in the municipality or municipalities comprising the district.

##### **§ 18A:22-34** Appropriations; how assessed, levied and raised {#sec-18a-22-34 omnilex-key=us-nj-statutes--title-18a--18A:22-34}

2. The amount so certified shall be assessed, levied and raised in the municipality or municipalities composing the district, as follows:

a. In districts in which such appropriations are not made upon a calendar year basis, the full amount thereof, if the district consists of but one municipality, or the portion thereof apportioned to the municipality, if the district is composed of more than one municipality, shall be so assessed, levied and raised therein; or

b. In districts in which the appropriations for the use of the public schools are made upon a calendar year basis, not less than one half, as determined by the governing body of the municipality, of the amount so certified, if the district consists of but one municipality, or not less than one half, as determined by the governing body, of the portion thereof apportioned to the municipality, if the district is composed of more than one municipality, shall be so assessed, levied and raised therein, and in the first year in which such appropriations are made upon said basis, the amount certified to the municipality for the payment of the interest on any note or bond of the district, temporary or permanent, and any part of the principal thereof falling due between July 1 and December 31 of the current school year, or the amount thereof apportioned to the municipality, also, shall be so assessed, levied and raised, and in any year, except the first, in which the appropriations are made upon said basis, the balance, if any, of the sum previously certified to the municipality by the board of school estimate, or the portion thereof apportioned to the municipality for the current school year, and the amount required of the municipality for the payment of the interest upon any note or bond of the district or any part of the principal thereof falling due in the calendar year, shall be so assessed, levied and raised.

##### **§ 18A:22-35** Resumption of school year appropriations {#sec-18a-22-35 omnilex-key=us-nj-statutes--title-18a--18A:22-35}

Nothing in this article shall prevent the resumption by the governing body of each municipality comprising any such school district of the method of making appropriations for the use of the public schools in the district on the school year basis and thereafter the annual appropriations made upon such basis shall be assessed, levied and raised by special district taxes in such manner as may be necessary to give effect to such change.

##### **§ 18A:22-39** Type II districts without board of school estimate; submission of capital projects. {#sec-18a-22-39 omnilex-key=us-nj-statutes--title-18a--18A:22-39}

Whenever the undertaking of any capital project or projects to be paid for from the proceeds of an issue or issue of bonds is submitted to the voters of a type II district at an annual or special school election for their approval or disapproval, the board shall frame and adopt by a recorded roll call majority vote of its full membership the question or questions to be submitted so that each project is submitted in a separate question, or all or any number of them are submitted in one question, which shall state the project or projects so submitted and the amounts to be raised for each of the projects so separately submitted or for each or for all of the projects so jointly submitted, as the case may be, but any proposal for the purchase of land shall be sufficient to authorize the taking and condemning of such land. If the project is to be constructed by the New Jersey Schools Development Authority or a redevelopment entity or by the district with a grant pursuant to section 15 of P.L.2000, c.72 (C.18A:7G-15), the referendum shall, when framed as a single question, request approval for the local share and shall disclose the final eligible costs of the project as approved by the commissioner pursuant to section 5 of P.L.2000, c.72 (C.18A:7G-5) and in the case of a demonstration project pursuant to sections 5 and 6 of P.L.2000, c.72 (C.18A:7G-5 and C.18A:7G-6), and, if applicable, the amount of any costs of the project which are in addition to the final eligible costs. If the school facilities project is not to be constructed by the New Jersey Schools Development Authority or a redevelopment entity or by the district with a grant pursuant to section 15 of P.L.2000, c.72 (C.18A:7G-15), the referendum shall, when framed as a single question, request approval for the total costs of the project, shall disclose State debt service aid for the project and, if applicable, the amount of any costs of the project which are in addition to the final eligible costs of the project. When a project is framed in more than one question, a summary shall be included in the explanatory statement which accompanies the questions that includes the total costs of the project, total State debt service aid, and, if applicable, the amount of the costs of the project which are in addition to the final eligible costs of the project, and any individual question containing costs in addition to the final eligible costs shall include the amount of those additional costs.

The statement of additional costs in any ballot question and in any explanatory statement that accompanies a ballot question shall describe the additional costs as follows: "This project includes $(insert amount) for school facility construction elements in addition to the facilities efficiency standards developed by the Commissioner of Education."

##### **§ 18A:22-40** Raising additional sums by taxes {#sec-18a-22-40 omnilex-key=us-nj-statutes--title-18a--18A:22-40}

Whenever a board of education shall determine that it is necessary to raise additional sums of money, over and above the amount fixed and determined in the last annual school budget, by special district tax, for general fund expenses, it shall estimate the amount so deemed necessary to be raised, levied and collected and, if the board shall desire to borrow upon its promissory note in anticipation of taxes to be raised, levied and collected to provide for said expenditures, it shall estimate also the amount of interest to be paid upon said notes.

##### **§ 18A:22-41** Submission of question to voters. {#sec-18a-22-41 omnilex-key=us-nj-statutes--title-18a--18A:22-41}

In any Type II district not having a board of school estimate, the board of education shall cause the question, whether or not the amount so estimated shall be so raised, to be submitted to the legal voters of the district at a special school election, to be held on such date as shall be determined upon by the board, and if at said election the question shall be adopted, the secretary shall certify that the amount so determined upon has been authorized to be raised in said manner to the county board of taxation within five days after the date of the holding of such election.

##### **§ 18A:22-42** Borrowing upon notes in anticipation of taxes {#sec-18a-22-42 omnilex-key=us-nj-statutes--title-18a--18A:22-42}

The board of education of any such district may borrow in anticipation of taxes to be raised, levied and collected to provide for said expenditures, or any part thereof, the sum or sums so authorized, upon its promissory notes bearing interest at a rate or rates not to exceed 6% per annum, maturing not later than December 31 of the year in which such taxes shall be raised, levied and collected, and the principal and interest of the notes shall be paid out of the sum so raised not later than the date of maturity of said notes.

##### **§ 18A:22-43** Year in which amount certified is to be raised {#sec-18a-22-43 omnilex-key=us-nj-statutes--title-18a--18A:22-43}

If any such certificate shall be delivered to the county board of taxation in any year, the amount so certified shall be raised, levied and collected by taxes in the next year.

##### **§ 18A:22-44** Payment of amounts raised to custodian; use. {#sec-18a-22-44 omnilex-key=us-nj-statutes--title-18a--18A:22-44}

The amounts so raised, levied and collected shall be paid to the board secretary or treasurer of school moneys, as appropriate, for the district as other school moneys are paid and shall be used to pay the principal and interest due upon any notes which may have been issued in anticipation thereof as they severally mature and for the purposes so authorized.

##### **§ 18A:22-44.1** Borrowing by Type II district for current expenses and repairs; payment {#sec-18a-22-44.1 omnilex-key=us-nj-statutes--title-18a--18A:22-44.1}

The board of education of any Type II district may, after July 1 and before January 1, borrow a sum not exceeding 1/2 of the amount appropriated for the current expenses of the schools and for the repair of schoolhouses under its control, and execute and deliver promissory notes therefor, and pay the amount so borrowed together with interest thereon, at a rate not exceeding 6% per annum.

##### **§ 18A:22-44.2** State school aid payments not made until following school budget year; borrowing. {#sec-18a-22-44.2 omnilex-key=us-nj-statutes--title-18a--18A:22-44.2}

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 one or more June State school aid 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 8 of the current school budget year a sum not exceeding the amount of the delayed State school aid payments, and may execute and deliver promissory notes therefor 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 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 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.

##### **§ 18A:22-45** Moneys transferred from municipality to district; application thereof {#sec-18a-22-45 omnilex-key=us-nj-statutes--title-18a--18A:22-45}

Whenever a board of education of a district has received moneys transferred to it, by the governing body or bodies of the municipality or municipalities comprising the district, from unappropriated surplus revenue, or from unappropriated anticipated receipts, of the municipality or municipalities, the board of education shall, subject to the provisions of section 18A:22-46, apply the moneys so received, so far as the same shall be sufficient:

a. To the payment of interest on the bonded indebtedness of the district becoming due and payable during the next ensuing school fiscal year;

b. To the payment of the principal of the bonded indebtedness of the district maturing in such school fiscal year; and

c. To any of the purposes for which bonds of the district shall have been authorized but not issued to an amount not exceeding the face value of such bonds not issued; or

d. To the payment of general fund expenses of the district during said school fiscal year; or

said board may, subject to the provisions of said section, apply the whole or any part of said moneys, not in excess of $50,000.00 in any one year, to the retirement of bonds maturing in any year or years subsequent to said school fiscal year, with the approval of the director of the division of local finance in the department of community affairs and the commissioner of education and the consent of the bondholders.

##### **§ 18A:22-46** Amounts to be used in reduction of taxes; when required {#sec-18a-22-46 omnilex-key=us-nj-statutes--title-18a--18A:22-46}

When the governing body or bodies of the municipality or municipalities have imposed a condition upon such transfer that said funds shall be credited on account of the amount of the school tax due or to become due in such municipality or municipalities in any year, the board shall give credit accordingly and the moneys so transferred shall be used as and when the moneys credited on said school tax could have been used and the secretary in certifying the amount to be raised by local tax for school purposes shall reduce the amount or amounts to be raised in such municipality or municipalities accordingly.

##### **§ 18A:22-47** Reduction of local taxes by sums received {#sec-18a-22-47 omnilex-key=us-nj-statutes--title-18a--18A:22-47}

The secretary of the board of education of the district shall certify to the proper taxing officials the amount of the funds so transferred which are available, and are to be used, for meeting the interest on, and the principal of,

a. The bonds of the district becoming due and payable during the next ensuing school fiscal year,

b. The bonds of the district maturing in any year or years subsequent to said school fiscal year, separately stating the amounts which will be so used for each of said years,

and the amounts to be raised by local taxes for such purposes for said next ensuing school fiscal year and for each of said years in which the bonds would otherwise have matured, as the case may be, shall be reduced accordingly notwithstanding that the local tax has been voted by the district.

##### **§ 18A:22-48** Balance credited to general fund {#sec-18a-22-48 omnilex-key=us-nj-statutes--title-18a--18A:22-48}

Any balance remaining of such funds when received shall be credited upon the amount recommended by the board to be voted upon, or if voted upon, upon the amount to be levied and collected, to meet the general fund expenses of the district during the next ensuing school fiscal year.

## **Chapter 23** {#struct-chapter-23}

##### **§ 18A:23-1** Audit, when and how made. {#sec-18a-23-1 omnilex-key=us-nj-statutes--title-18a--18A:23-1}

The board of education of every school district shall cause an annual audit of the district's accounts and financial transactions to be made by a public school accountant employed by it, which audit shall be completed not later than 5 months after the end of the school fiscal year.

##### **§ 18A:23-2** Scope of audit {#sec-18a-23-2 omnilex-key=us-nj-statutes--title-18a--18A:23-2}

Each annual audit shall include an audit of the books, accounts and moneys, and a verification of all cash and bank balances, of the board and of any officer or employee thereof and of moneys derived from athletic events or the activities of any organization of public school pupils conducted under the auspices of the board, from the date of the last annual audit to the date of the audit in question. Such audit shall also include a determination of the extent to which the school board has used contracts entered into by the State Division of Purchase and Property pursuant to P.L.1969, c. 104 (C. 52:25-16.1 et seq.) in the purchase of materials, supplies or equipment for the school district.

##### **§ 18A:23-2.1** Annual audit to assure income tax compliance on reporting compensation. {#sec-18a-23-2.1 omnilex-key=us-nj-statutes--title-18a--18A:23-2.1}

9. The annual audit conducted pursuant to N.J.S.18A:23-1 shall include test measures to assure that documentation prepared for income tax related purposes complies fully with the requirements of federal and State laws and regulations regarding the compensation which is required to be reported.

##### **§ 18A:23-3** Filing; summary of recommendations; publication {#sec-18a-23-3 omnilex-key=us-nj-statutes--title-18a--18A:23-3}

The report of each annual audit shall be filed, by the public school accountant making the same, with his recommendations with the board of education of the district, and such accountant shall within 5 days thereafter file two duplicate copies thereof certified under his signature in the office of the commissioner. The commissioner annually shall publish a summary of such recommendations as made for each school district and the steps which have been taken in each district for their implementation.

##### **§ 18A:23-4** Preparation and distribution of synopsis or summary {#sec-18a-23-4 omnilex-key=us-nj-statutes--title-18a--18A:23-4}

The secretary of the board shall prepare or have prepared a synopsis or summary of the annual audit and recommendations, prior to the holding of the meeting of the board of education to take action thereon; a copy of which synopsis or summary shall be available for distribution to interested parties at the meeting.

##### **§ 18A:23-5** Meeting of board; discussion of report {#sec-18a-23-5 omnilex-key=us-nj-statutes--title-18a--18A:23-5}

Within 30 days following the receipt of the report of the annual audit the board of education of the district shall, at a regularly scheduled public meeting, cause the recommendations of the auditor to be read and to be discussed and the discussion duly noted on the minutes of said board.

##### **§ 18A:23-6** Annual audit by commissioner on failure of board to make {#sec-18a-23-6 omnilex-key=us-nj-statutes--title-18a--18A:23-6}

If the board of education of any district fails to cause an annual audit to be made and completed, within the time limited therefor by this chapter, the commissioner may cause an audit to be made, by a public school accountant designated by him, which shall be taken to be the annual audit of the district, and shall be paid for from funds of the district as a liability of the district on bills rendered therefor.

##### **§ 18A:23-7** Report signed by auditor, not to employ nonlicensed auditors {#sec-18a-23-7 omnilex-key=us-nj-statutes--title-18a--18A:23-7}

All reports of audit of accounts of school districts shall be signed by the auditor or accountant making the audit or in charge of the same, holding a license as herein provided, whether such audit or statement of account is made by any person employing such auditor or accountant, or otherwise, and the licensing or the revocation of the license of any such auditor shall not be construed to affect the contracting with any school district by any person employing auditors or accountants; but upon the revocation of the license of an auditor or accountant, for the purposes herein specified and authorized, such person shall not employ in such work such auditors or accountants but only such persons as may be licensed as herein required, except that the auditor or accountant whose license may have been revoked may be employed in a subordinate capacity.

If any person shall willfully employ any person not holding a license in full force and effect as auditor or accountant in school district work within the purview of this chapter, the commissioner may direct the school districts to refuse to employ such person in such work during the continuance of such violation.

##### **§ 18A:23-8** Audit made by licensed public school accountant; fee {#sec-18a-23-8 omnilex-key=us-nj-statutes--title-18a--18A:23-8}

The auditing of the accounts of school districts, when required by law, shall be made only by a registered municipal accountant of New Jersey or a certified public accountant of New Jersey who shall hold an uncanceled registration license as a public school accountant for New Jersey. Such registration licenses shall be issued to qualified persons annually by the New Jersey state board of public accountants, who shall charge a fee of $5.00 for each license, and each such license shall state that the holder thereof has complied with the statutory requirements and is authorized to make audits of accounts of school districts of the state of New Jersey until January 1 following unless sooner canceled as herein provided. The New Jersey state board of public accountants may refuse to issue any such license for any cause authorizing a cancellation thereof as herein provided, or for any other stated cause which it may determine to be good and sufficient.

##### **§ 18A:23-9** Declaration of accountant {#sec-18a-23-9 omnilex-key=us-nj-statutes--title-18a--18A:23-9}

No person shall undertake the auditing of the accounts of any school district unless he shall have qualified as a public school accountant for New Jersey upon proof that he is either a registered municipal accountant or a certified public accountant, of New Jersey, and by subscribing to the following declaration:

a. That he is fully acquainted with the laws governing the fiscal affairs of school districts of New Jersey and is a competent and experienced auditor; and

b. That he will honestly and faithfully audit the books and accounts of any school district when engaged to do so, and report any error, omission, irregularity, violation of law, discrepancy or other nonconformity to the law, together with his recommendations, to the board of education of such school district.

##### **§ 18A:23-10** Cancellation of license; review {#sec-18a-23-10 omnilex-key=us-nj-statutes--title-18a--18A:23-10}

Upon proof that any public school accountant shall have knowingly omitted to report any error, omission, irregularity, violation of law or discrepancy found in the books or accounts, or shall have issued false reports of his audit of any school district; that is to say, shall have issued audits of such a nature as not to show an accurate, intelligent and complete statement of the financial condition of the school district, or of such a nature as not to comply with the requirements of the commissioner, or if such auditor or accountant shall fail to file such report and recommendations as required by section 18A:23-3, or neglect or refuse to carry out any agreement or contract for audit, his license as a public school accountant may be canceled by the state board of public accountants. Such cancellation shall not affect the accountant's right to practice as a registered municipal accountant or as a certified public accountant.

Upon cancellation or refusal of a license pursuant to this section, a person aggrieved thereby shall have the right to have the matter reviewed by a proceeding in the superior court in lieu of prerogative writ.

##### **§ 18A:23-11** Audit contrary to law; penalty {#sec-18a-23-11 omnilex-key=us-nj-statutes--title-18a--18A:23-11}

Any person who shall make, or begin to make, any audit of accounts of any school district as required by this chapter contrary to the provisions hereof, or without a license therefor in full force and effect, shall be liable to a penalty of $100.00 for every audit of account so made, to be recovered in a civil action instituted by the state board of public accountants in any court of competent jurisdiction.

## **Chapter 24** {#struct-chapter-24}

##### **§ 18A:24-1** Definitions {#sec-18a-24-1 omnilex-key=us-nj-statutes--title-18a--18A:24-1}

In this chapter unless the context otherwise indicates:

a. "Average equalized valuation of taxable property" in a district comprising one municipality means the amount stated in the supplemental debt statement required to be filed prior to the authorization of the bonds of the district, as the average of the last three preceding equalized valuations of the taxable real estate (together with improvements) of the municipality, as stated in the annual debt statement of the municipality or revision thereof last filed, and in a district comprising more than one municipality means the sum of all such amounts so stated in the supplemental debt statements so required to be filed;

b. "Borrowing margin" of a municipality means the excess, if any, of 3 1/2 % of the amount stated in the supplemental debt statement required by this article to be filed prior to authorization of bonds of a district, as the average of the last three preceding equalized valuations of the taxable real estate (together with improvements) of the municipality, over the net debt of the municipality as stated in such supplemental debt statement after adjustment of such net debt so as to disregard the proposed authorization of bonds of the district;

c. "District or school district" means a local district, a district composed of two or more municipalities or a regional district and also, in the case of any district other than a type I district, when required by the context, the board of education of such district;

d. "Equalized valuation" of a municipality means the sum total of

(1) The aggregate equalized valuation of real property (together with improvements) as certified in the table of equalized valuations by the director of the division of taxation in the department of the treasury, on October 1 of each year, pursuant to chapter 86 of the laws of 1954, and

(2) The assessed valuation of class II railroad property as set forth in the table of equalized valuations referred to in (1) above;

e. "Net debt" of a municipality means the amount stated in the supplemental debt statement required by this article to be filed prior to the authorization of bonds of a district as the net debt of the municipality;

f. "Net school debt" of a municipality or of a district means the amount of school bonds, for the payment of the principal and interest of which, such municipality or district is liable less the amount of any sinking fund held for the payment of same;

g. "School bonds" means promissory notes and bonds authorized for school purposes, whether issued or unissued, for the payment of the principal and interest of which, a municipality or district is liable; and

h. "Supplemental debt statement" means the statement of the debt condition of a municipality provided for in section 40A:2-42 of the local bond law (N.J.S. 40A:2-1 et seq.), and prepared, made and filed as in said law directed.

##### **§ 18A:24-2** Borrowing on tuition due from another district {#sec-18a-24-2 omnilex-key=us-nj-statutes--title-18a--18A:24-2}

Any board of education may borrow upon its promissory note or notes bearing interest at not to exceed 6% per annum such sum or sums not exceeding 80% of the amount due it for tuition from any school district and upon assignment, as collateral, of the delinquent tuition and the tuition so assigned shall, when and as received, be applied to the repayment of the amount borrowed, with the interest, until the same has been fully repaid.

##### **§ 18A:24-3** Borrowing in anticipation of issuance of bonds {#sec-18a-24-3 omnilex-key=us-nj-statutes--title-18a--18A:24-3}

Whenever an issue of bonds has been authorized pursuant to this chapter, the governing body of a municipality comprising a Type I school district, or the board of education of a Type II school district, may, in anticipation of the issuance of permanent bonds, by resolution, authorize the issuance of temporary notes or loan bonds of the municipality or district, as the case may be, as money is required by the board of education of the district for the projects for which the permanent bonds are authorized, in such principal sums (not exceeding in the aggregate the total principal amount of the permanent bonds), at such rates of interest and having such maturities (not exceeding 1 year and renewable, for not more than 1 year periods each, from time to time for not exceeding 5 years from the date of the original temporary notes or loan bonds; provided, however, that no such notes or temporary loan bonds shall be renewed beyond the third anniversary date of the originals unless an amount of such notes or temporary loan bonds equal to the first legally payable installment of the bonds in anticipation of which said temporary obligations were issued is paid and retired in each year subsequent to said third anniversary date from funds other than the proceeds of obligations) and upon such other terms and conditions as shall be fixed in the respective resolutions authorizing the issuance of such temporary notes or loan bonds, in which resolutions may be set forth any other matters relating to the issuance thereof which may be requisite.

##### **§ 18A:24-3.1** Rules and regulations {#sec-18a-24-3.1 omnilex-key=us-nj-statutes--title-18a--18A:24-3.1}

The local finance board shall adopt, in the manner prescribed by law, such rules and regulations as are necessary for the implementation and execution of this act.

##### **§ 18A:24-4** Payment of principal of temporary bonds from proceeds of permanent bonds {#sec-18a-24-4 omnilex-key=us-nj-statutes--title-18a--18A:24-4}

The principal of any temporary notes or loan bonds shall be paid from the proceeds of the permanent bonds, in anticipation of the issuance of which they were issued, or from funds from time to time appropriated for such payments, and the interest upon such temporary notes or loan bonds shall be paid in the same manner as interest is paid upon permanent bonds.

##### **§ 18A:24-4.1** Borrowing funds for transportation of pupils to and from school saved {#sec-18a-24-4.1 omnilex-key=us-nj-statutes--title-18a--18A:24-4.1}

Chapter 75 of the laws of 1967 is saved from repeal. [This act authorizes boards of education to borrow, in anticipation of taxes, additional sums of money over the fixed annual school budget for the 1967-1968 fiscal year, upon its promissory notes for purposes of transporting pupils to and from school and provides for reimbursement by the state of the interest paid on said notes in the fiscal year in which said interest is paid.]

##### **§ 18A:24-5** Purposes and maturities for which bonds may be issued {#sec-18a-24-5 omnilex-key=us-nj-statutes--title-18a--18A:24-5}

The projects for which bonds may be issued under this chapter and the periods of maturity thereof, shall be as follows:

a. The acquisition or construction of buildings for any lawful purposes and the improvement of the sites thereof, with or without the original furniture, equipment and apparatus required therefor, if such buildings be of--

1. Type A--frame construction--that is, a building or structure of which the structural members, exterior walls, or a portion thereof, are constructed of wood, or other combustible material, or a building sheathed with combustible material and partially or entirely covered with four inches or less masonry or other noncombustible material, at maturities of or within 20 years;

2. Type B--noncombustible construction--that is, a building or structure of which the outer walls, columns, piers, beams, lintels, girders and interior bearing partitions are of noncombustible materials (laminated wood beams, columns or trusses of not less than six inches by 10 inches nominal dimensions shall be permitted), at maturities of or within 30 years;

3. Type C--fire resistive construction--that is, a building or structure of which all structural members including walls, partitions, columns, piers, beams, lintels, girders, trusses and floors are of noncombustible materials, and in which the floors, stair towers and all places of assembly are built entirely of noncombustible materials, and in which no woodwork, supporting material or other combustible material is used in any of the partitions, floorings or ceilings; but this definition shall include a building in which there is used, elsewhere than in the stair towers and corridors, wooden floorings and sleepers laid directly on top of a fire resistive floor, or having wooden doors, window sash, wooden jambs, frames, casing or trim in other than stair towers, corridors and exit passages, or wooden rafters, at maturities of or within 40 years;

b. The reconstruction, remodeling, alteration, enlargement, or additions to or major repair of buildings for any lawful purposes and the improvement of the sites thereof, with or without the furniture, equipment and apparatus required therefor, if the original building or buildings are of--

1. Type A construction--at maturities of or within 15 years;

2. Type B construction--at maturities of or within 20 years;

3. Type C construction--at maturities of or within 30 years.

c. The acquisition by purchase or condemnation of lands for school purposes and the grading, draining and landscaping or the improvement in any like manner thereof, at maturities of or within 40 years;

d. The purchase of furniture, equipment and apparatus for any building used or to be used for school purposes, or any major renewal of furniture, equipment and apparatus for such use, except such as may be included in an issue of bonds for the purposes described in subsections a. and b. of this section, at maturities of or within 10 years.

When bonds are issued for more than one of such projects, they shall mature within such a period not exceeding the average of the different periods hereinbefore assigned to the several projects for which they are to be issued, as shall be determined by the governing body of the municipality, by which the bonds are to be issued or the board of education of the district, by taking into consideration the amount of bonds to be issued on account of each, and such determination shall be conclusive in any action or proceeding involving the validity of the bonds.

##### **§ 18A:24-6** Bonds payable in installments {#sec-18a-24-6 omnilex-key=us-nj-statutes--title-18a--18A:24-6}

All bonds issued under this chapter shall be payable in annual installments commencing not more than two years from their date, and no installment shall be more than 100% in excess of the amount of the smallest prior installment.

##### **§ 18A:24-7** Change of maturities; application to local finance board {#sec-18a-24-7 omnilex-key=us-nj-statutes--title-18a--18A:24-7}

If the governing body of any municipality comprising a type I school district or the board of education of a type II school district shall determine that the limits of maturities or amounts of annual installments, or both, applicable according to law to any bonds proposed to be authorized or theretofore authorized but remaining unissued, would adversely affect the financial position of such municipality or school district, it may make application in writing to the local finance board in the division of local finance in the department of community affairs setting forth such determination and the grounds therefor and requesting approval of a schedule of maturities and annual installments for such bonds.

##### **§ 18A:24-8** Change of maturities; approval or disapproval by local finance board {#sec-18a-24-8 omnilex-key=us-nj-statutes--title-18a--18A:24-8}

If the local finance board, after consultation with the commissioner, shall be satisfied and shall find by resolution that the issuance of bonds described in such application at the maturities prescribed by law would, and that the issuance thereof at the maturities described in such schedule will not, materially impair the credit of the municipality or school district or substantially reduce its ability during the ensuing 10 years to pay punctually the principal and interest of its debts and to supply essential public improvements and services, said board shall, within 60 days after the receipt of the application, cause its approval to be endorsed upon said application; otherwise, it shall cause its disapproval to be endorsed thereon.

##### **§ 18A:24-9** Issuance of bonds in accordance with maturities approved by local finance board {#sec-18a-24-9 omnilex-key=us-nj-statutes--title-18a--18A:24-9}

If such application shall be so approved such bonds shall thereafter be issued only at the maturities and in the annual installments set forth in said schedule, and the same shall be valid notwithstanding any limitations on maturities or annual installments set forth in this chapter or in any proposal, ordinance, resolution, certificate, proposition or other proceeding for the authorization of such bonds theretofore adopted, made, or taken.

##### **§ 18A:24-9.1** Inclusion of redemption provisions in temporary loan notes or bonds and school bonds {#sec-18a-24-9.1 omnilex-key=us-nj-statutes--title-18a--18A:24-9.1}

Any obligation issued pursuant to this chapter, may be issued subject to redemption prior to maturity with or without premium at such redemption price or prices and under such terms and conditions as shall be fixed by resolution of the governing body of the municipality, or of the board of education of the district, issuing the same, which price or prices shall not exceed the principal amount of such obligations plus interest accrued to the date of redemption unless the local finance board in the division of local finance in the department of community affairs, after consultation with the commissioner and after consideration of the redemption price or prices, including any redemption premium applicable thereto, the time or times of the proposed issuance thereof, the rate or maximum rate of interest borne or to be borne thereby, the maturity or maturities thereof and the earliest date of redemption thereof, shall by resolution, find that such redemption price or prices and such redemption premium, if any, are not unreasonable or exorbitant, and shall assent to the issuance of such obligations, subject to redemption at such redemption price or prices and at such redemption premium, if any.

##### **§ 18A:24-10** School bonds, when deemed to be authorized {#sec-18a-24-10 omnilex-key=us-nj-statutes--title-18a--18A:24-10}

School bonds are deemed to be authorized by the fact, and at the time, that

a. an ordinance is finally adopted by the governing body of a municipality comprised within a type I district, or

b. a proposal is finally adopted by resolution by a recorded roll call majority vote of the full membership of the board of education of a type II district having a board of school estimate, or

c. a proposal is adopted by resolution by the board of education, by a recorded majority vote of its full membership and is also adopted by the legal voters, of any other type II district, including a regional district,

authorizing the issuance of such bonds by the municipality or the district, as the case may be, as provided in this article, except that if such issuance of bonds is not permissible under this article without the adoption of a proposition confirming such ordinance, or a proposal authorizing the issuance of such bonds, by the qualified voters of the municipality comprised within the type I district or the qualified voters of the district, as the case may be, then by the fact, and at the time, such proposition or proposal is so adopted by the voters.

##### **§ 18A:24-11** Type I districts; authorization of bonds; appropriations and borrowings; procedure to be followed {#sec-18a-24-11 omnilex-key=us-nj-statutes--title-18a--18A:24-11}

School bonds shall be authorized and may be issued, for the purposes of any type I district, pursuant to ordinance, adopted by the governing body of the municipality comprised within the district, authorizing the issuance thereof in the principal amount certified to said governing body by the board of school estimate of the district, in accordance with sections 18A:22-18 to 18A:22-20, but no such bonds shall be authorized or issued if the principal sum thereof shall exceed the limits prescribed in section 18A:24-19, except upon compliance with the provisions of this article applicable thereto.

In the authorization of any bonds for the purposes of a type I district pursuant to this chapter and in making any appropriation or borrowing any moneys in connection therewith, it shall not be necessary for the governing body of the municipality comprised within the district to comply with any procedure other than that applicable to such municipality contained in this title and in chapter 49 of Title 40, Municipalities and Counties, of the Revised Statutes, except that this section shall not be construed to make unnecessary any procedure required by chapter 27 of Title 52, State Government, Departments and Officers, of the Revised Statutes relating to the municipal finance commission.

##### **§ 18A:24-11.1** Newark; school bonds; authorization {#sec-18a-24-11.1 omnilex-key=us-nj-statutes--title-18a--18A:24-11.1}

In cities of the first class with a population in excess of 300,000, according to the 1980 Federal Census, that change the local school district governmental structure from a Type I to a Type II district, any bond authorization process begun, under the provisions of N.J.S. 18A:22-18, prior to the referendum authorizing the change from a Type I to a Type II district shall be subject to the laws, rules and regulations governing the authorization, issuance and sale of bonds in Type I school districts and such bonds may be issued and sold and the proceeds disposed of in the manner provided by law at the time said proceedings were begun as if the city had remained under the Type I school district structure.

##### **§ 18A:24-11.2** Bond authorization process continued {#sec-18a-24-11.2 omnilex-key=us-nj-statutes--title-18a--18A:24-11.2}

In municipalities with a population in excess of 125,000 according to the 1980 Federal Census, that change the local school district governmental structure from a Type I to a Type II district, any bond authorization process begun, under the provisions of N.J.S. 18A:22-18, prior to the referendum authorizing the change from a Type I to a Type II district shall be subject to the laws, rules and regulations governing the authorization, issuance and sale of bonds in Type I school districts and such bonds may be issued and sold and the proceeds disposed of in the manner provided by law at the time said proceedings were begun as if the city had remained under the Type I school district structure.

##### **§ 18A:24-12** Type II districts; authorization of bonds {#sec-18a-24-12 omnilex-key=us-nj-statutes--title-18a--18A:24-12}

School bonds shall be authorized and may be issued:

a. by a type II district having a board of school estimate whenever the board of school estimate shall fix and determine the amount of money necessary to be raised for any capital project or projects and shall certify said amount pursuant to section 18A:22-30, the board of education may, by resolution, authorize the issuance of bonds to an amount not exceeding the amount so certified for such purpose or purposes; or

b. by a type II district not having a board of school estimate pursuant to a proposal adopted by resolution by the board of education of the district in a principal sum determined therein and upon approval of the proposal contained in such resolution, by the legally qualified voters of the district, upon its submission to them for their approval or rejection at an annual school election, held after the date of the adoption of said resolution by the board of education, or at a special school election held for that purpose,

but no such bonds shall be authorized or issued if the principal sum thereof shall exceed the limitations prescribed in section 18A:24-19 except upon compliance with the provisions of this article applicable thereto.

##### **§ 18A:24-12.1** Type II school district without a board of school estimate, bonds, repairs to school facilities, furnishings, equipment, natural disasters, deemed necessary. {#sec-18a-24-12.1 omnilex-key=us-nj-statutes--title-18a--18A:24-12.1}

1. a. Notwithstanding the provisions of N.J.S.18A:24-10 or any other law, rule, or regulation to the contrary, the board of education of a Type II school district without a board of school estimate may issue bonds without the approval of the voters of the district in order to finance costs related to repairs to school facilities and other furnishings and equipment that were damaged due to a natural disaster, provided that the repairs are deemed to be necessary in order to provide a thorough and efficient system of education in the school district. In the case of a Type II school district without a board of school estimate that is under full State intervention or partial State intervention in which the governance component of school district effectiveness has not been returned to the district, notwithstanding the provisions of P.L.1991, c.139 (C.18A:7A-46.1 et seq.) or any other law, rule, or regulation to the contrary, such bonds may be issued without the approval of the capital project control board. The provisions of this section shall not be applicable to any Type II school district without a board of school estimate that is an SDA district, as that term is defined pursuant to section 3 of P.L.2000, c.72 (C.18A:7G-3).

As used in this section, "school facility" means and includes any structure, building, or facility used wholly or in part for educational purposes by a school district and facilities that physically support such structures, buildings, and facilities, such as district wastewater treatment facilities, power generating facilities, and steam generating facilities, but shall exclude other facilities.

b. (1) The issuance of bonds pursuant to this section shall be approved by the board of education of the school district, or the State district superintendent in the case of a school district under full State intervention or partial State intervention in which the governance component of school district effectiveness has not been returned to the district. The approval shall be evidenced by the adoption of a resolution by the board of education in a public meeting upon an affirmative vote of two-thirds of its full membership. If the school district is under full or partial State intervention and the governance component of school district effectiveness has not been returned to the district, the approval shall be evidenced by a certification, affidavit, or other sworn statement signed by the State district superintendent supporting the issuance. The resolution or certification, affidavit, or other sworn statement as applicable shall, at a minimum:

(a) certify support for the issuance of the bonds and authorize the submission of an application to the Commissioner of Education pursuant to subsection c. of this section;

(b) petition the commissioner to authorize the issuance of bonds pursuant to this section;

(c) include the total estimated cost of the damage to school facilities and other furnishings and equipment, caused by a natural disaster;

(d) state the project or projects to be submitted to the commissioner and the amounts to be raised for the project or projects;

(e) the amount necessary to be raised by school bonds for repairs to the damage to school facilities and other furnishings and equipment; and

(f) the amount of funds, if any, that the school district has been or will be reimbursed by an applicable disaster relief agency.

(2) (a) In the event that the repairs for which bonds are to be issued pursuant to this section are deemed to be a school facilities project that is eligible for State debt service aid pursuant to P.L.2000, c.72 (C.18A:7G-1 et al.), the board of education or State superintendent as applicable shall apply to the commissioner seeking approval for the school facilities project prior to the adoption of a resolution or the signing of a certification, affidavit, or other sworn statement pursuant to paragraph (1) of this subsection. The application shall be reviewed by the commissioner on an expedited basis pursuant to a process to be established by the commissioner. The application shall include items to be required by the commissioner including, but not limited to: a description of the school facilities project; a schematic drawing of the project or, at the option of the district, preliminary plans and specifications; a delineation and description of each of the functional components of the project; educational specifications detailing the programmatic needs of each proposed space; the number of unhoused students to be housed in the project; the area allowances per FTE student as calculated pursuant to section 8 of P.L.2000, c.72 (C.18A:7G-8); and the estimated cost to complete the project as determined by the district. Notwithstanding the provisions of section 4 of P.L.2000, c.72 (C.18A:7G-4) or section 5 of P.L.2000, c.72 (C.18A:7G-5) or the provisions of any other law, rule, or regulation to the contrary, the approval or disapproval of an application for a school facilities project pursuant to this section shall not be contingent upon the school facilities project being consistent or inconsistent with the school district's long-range facilities plan required pursuant to section 4 of P.L.2000, c.72 (C.18A:7G-4) or upon the fact that the long-range facilities plan has not been amended to incorporate the school facilities project.

(b) Upon approval of an application submitted pursuant to subparagraph (a) of this paragraph, the applicant board of education shall adopt a resolution approving the issuance of bonds in a public meeting upon an affirmative vote of two-thirds of its full membership. If the school district is under full or partial State intervention and the governance component of school district effectiveness has not been returned to the district, the approval shall be evidenced by a certification, affidavit, or other sworn statement signed by the State district superintendent supporting the issuance. The resolution or certification, affidavit, or other sworn statement as applicable shall include, in addition to the information required pursuant to paragraph (1) of this subsection:

(i) the amount needed to be raised by school bonds;

(ii) the final eligible costs of the school facilities project as approved by the commissioner;

(iii) the total costs;

(iv) the State share or State debt-service-aid percentage;

(v) the local share, if applicable; and

(vi) the excess costs, if applicable.

c. (1) Upon the adoption of a resolution or the signing of a certification, affidavit, or other sworn statement pursuant to subsection b. of this section, a board of education or State district superintendent as applicable shall apply to the Commissioner of Education for approval of the issuance of bonds for the purposes laid out in subsection a. of this section. An application shall be submitted in a manner and in accordance with procedures prescribed by the commissioner. At a minimum, the application shall:

(a) demonstrate the need to borrow and that borrowing is necessary to provide a thorough and efficient system of education and to meet an emergency caused by a natural disaster;

(b) include the resolution adopted, or certification, affidavit, or other sworn statement signed, pursuant to subsection b. of this section; and

(c) demonstrate that reasonable efforts have been made to employ other methods provided by law to finance repairs to school facilities and other furnishings and equipment that were damaged due to a natural disaster.

(2) A decision by the commissioner concerning the approval or disapproval of an application shall be rendered to the applicant board of education or State district superintendent within 15 business days of receipt of the application.

d. (1) Notwithstanding the provisions of any law, rule, or regulation to the contrary, in the event that the commissioner approves an application submitted pursuant to subsection c. of this section, the principal of and interest on the bonds issued pursuant to this section shall be repaid with funds of the school district. Notwithstanding the bond limitations on a school district pursuant to the provisions of N.J.S.18A:24-19 or the provisions of any other law, rule, or regulation to the contrary, a school bond may be issued in a manner prescribed in this section even if the principal amount of the bond, when added to the net school debt of the district, exceeds the limitations enumerated under N.J.S.18A:24-19 or under any other provision of law prescribing bond limitations on a Type II school district without a board of school estimate. In the event that a school district exceeds the applicable bond limitations after issuance of a bond pursuant to this section, the commissioner shall, along with the approval of an application provided under subsection c. of this section, endorse the commissioner's consent and shall record in writing that the borrowing is necessary for the school district to provide a thorough and efficient system of education and to meet an emergency caused by a natural disaster.

(2) In addition to the amount of taxes determined by the legal voters of the district at the annual school election, the secretary of the board of education shall certify the amount required for the repayment of the interest and principal of the bonds required to fund the local share amount approved by the commissioner in the same manner required for interest and debt redemption charges pursuant to N.J.S.18A:22-33, and the amount so certified shall be included in the taxes assessed, levied, and collected in the municipality or municipalities comprising the school district for those purposes.

##### **§ 18A:24-13** Combining issues of bonds {#sec-18a-24-13 omnilex-key=us-nj-statutes--title-18a--18A:24-13}

Bonds authorized in any district to be issued to finance separate projects may be combined, sold and issued as one issue.

##### **§ 18A:24-13.1** Attorneys; compensation; services on issuance of bonds {#sec-18a-24-13.1 omnilex-key=us-nj-statutes--title-18a--18A:24-13.1}

No school district shall compensate an attorney for services rendered in connection with the issuance of bonds other than at a reasonable rate agreed on prior to the rendering of the services.

##### **§ 18A:24-16** Supplemental debt statements; necessity for and contents. {#sec-18a-24-16 omnilex-key=us-nj-statutes--title-18a--18A:24-16}

No school bonds or refunding bonds shall be authorized unless there shall be prepared and filed in accordance with section 18A:24-17 a supplemental debt statement in the form provided by law, setting forth the amounts of all bonds and notes of the district issued and outstanding, or authorized but not issued, and determining the net school debt of the district and giving effect to the proposed authorization of school bonds. With respect to refunding bonds, the supplemental debt statement shall reflect either new and unissued debt or the amount of the refunding debt in excess of the debt to be refunded.

##### **§ 18A:24-17** Supplemental debt statement; preparation with respect to various municipalities; filing {#sec-18a-24-17 omnilex-key=us-nj-statutes--title-18a--18A:24-17}

Upon request by the secretary of the board of education, the chief financial officer of each municipality comprising a school district shall prepare a supplemental debt statement with respect to authorization of school bonds by ordinance or proposal as follows:

a. With respect to a municipality comprising a Type I district, the statement shall be prepared as of the date of introduction of the ordinance authorizing the bonds for school purposes. Copies of such statement shall be filed in the office of the clerk of the municipality and in the office of the secretary of the board of education prior to introduction of the ordinance, and a copy of such statement shall be filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs prior to final adoption of the ordinance.

b. With respect to each municipality comprising a Type II district having a board of school estimate, the statement shall be prepared as of the date the board of education adopts the resolution authorizing the issuance of bonds pursuant to section 18A:24-12 a. or, if the bonds are to be authorized pursuant to the provisions of section 18A:24-21 or section 18A:24-23, as of the date the board of education adopts a resolution authorizing the issuance of bonds and providing for the submission of said resolution to the legally qualified voters of the school district. Copies of such supplemental debt statement shall be filed in the office of the clerk of each such municipality and in the office of the secretary of the board of education prior to the adoption of the resolutions referred to above and a copy of such statement shall be filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs as of the date of the adoption of the resolution authorizing the bonds.

c. With respect to Type II districts without a board of school estimate, supplemental debt statements shall be prepared as of the date the board of education by resolution approves and adopts the proposal or proposals to be submitted to the legal voters of the district. Copies of such statement shall be filed in the office of the clerk of each municipality comprising the school district and in the office of the secretary of the board of education prior to the adoption of the resolution. Copies of such debt statement shall be filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs prior to the date of the election at which the proposal or proposals are submitted to the voters.

##### **§ 18A:24-18** Presumption of filing and correctness of statements {#sec-18a-24-18 omnilex-key=us-nj-statutes--title-18a--18A:24-18}

Every such supplemental debt statement shall be conclusively presumed to be accurate and correct and to be timely filed as the basis for the issuance of any bond or other obligation, authorized, within the principal amount of bonds to which effect is given therein, by an ordinance or resolution adopted in connection therewith, and shall not be rebutted, and the correctness, sufficiency and timeliness of such debt statements shall not be contested or questioned in any action or proceeding relating to any such bond or other obligation or the levy or collection of taxes for the payment of the same.

##### **§ 18A:24-19** School district bonds {#sec-18a-24-19 omnilex-key=us-nj-statutes--title-18a--18A:24-19}

Except as otherwise provided in sections 18A:24-20 to 18A:24-27, no bonds shall be authorized for the purposes of any school district if the principal amount thereof shall, when added to the net school debt of the district exceed the percentage of the average equalized valuation of taxable property in such district as herein provided:

(1) From kindergarten grade (or grade 1)

through grade 6................. 2 1/2%

(2) From kindergarten grade (or grade 1) through grade 8.... 3 %

(3) From kindergarten grade (or grade 1) through grade 9.... 3 1/2%

(4) From kindergarten grade (or grade 1) through grade 12... 4%

(5) From grade 7 through grade 9.......... 1 1/2%

(6) From grade 10 through grade 12.......... 2%

(7) From grade 9 through grade 12 .......... 3%

(8) From grade 7 through grade 12 .......... 3 1/2%

Each school district prior to the issuance of bonds shall secure from the State Commissioner of Education a certificate of the grade levels of instruction provided or to be provided by said school district.

Provided, however, that except as otherwise provided in sections 18A:24-20 to 18A:24-27, bonds may be authorized for the purposes of a school district in a city of the first class if the principal amount thereof shall, when added to the net school debt of the district, not exceed 8% of the average equalized valuation of taxable property in such district.

Further provided, that except as otherwise provided in sections 18A:24-20 to 18A:24-27, bonds may be authorized for the purposes of a school district in a city of the second class with a population in excess of 80,000, according to the latest federal decennial census if the principal amount thereof shall, when added to the net school debt of the district, not exceed 6% of the average equalized valuation of taxable property in such district.

##### **§ 18A:24-20** Authorization of bonds in excess of limits prescribed in section 18A:24-19; exception of type I districts {#sec-18a-24-20 omnilex-key=us-nj-statutes--title-18a--18A:24-20}

School bonds may be authorized and issued in the manner prescribed in section 18A:24-21, notwithstanding the provisions of section 18A:24-19, by, or for the purposes of, any district other than a regional district, within the limitations and upon compliance with the provisions of this article to the extent that the percentage of net debt as stated in a supplemental debt statement required to be filed as to such authorization, and prior thereto, shall not exceed 3 1/2 %.

##### **§ 18A:24-21** Manner of authorization of bonds in excess of certain limitations {#sec-18a-24-21 omnilex-key=us-nj-statutes--title-18a--18A:24-21}

Such bonds shall be authorized and may be issued:

a. for the purposes of a type I district, when--

(1) an ordinance authorizing the issuance of said bonds which shall conform with the provisions of section 18A:24-22, shall be adopted by the recorded roll call affirmative vote of two thirds of the full membership of the governing body of the municipality comprised within the district; or

(2) such ordinance shall be adopted by a recorded roll call affirmative majority vote of the full membership, of such governing body, of less than a two-thirds affirmative vote of such full membership and subsequently a proposition confirming said ordinance is adopted by the legally qualified voters of the municipality upon its submission to them, for their approval or rejection in the form prescribed in section 18A:24-22 at a municipal or general election or at a special election held for the purpose pursuant to section 18A:24-29; or

b. by a type II district, when a proposal authorizing the issuance of said bonds which conforms with the provisions of section 18A:24-22, shall be adopted by resolution of the board of education of the district, and shall be approved by the legally qualified voters of the district, upon its submission to them for their approval or rejection in the form conforming with the provisions of section 18A:24-22, at a regular school election or a special election held for the purpose.

##### **§ 18A:24-22** Form of ordinance, proposition for confirmation of ordinance or proposal for issuance of bonds under sections 18A:24-20 and 18A:24-21 {#sec-18a-24-22 omnilex-key=us-nj-statutes--title-18a--18A:24-22}

Every ordinance, and every proposition confirming an ordinance, and every proposal, authorizing the issuance of bonds under sections 18A:24-20 and 18A:24-21 shall after stating any matters or things authorized or required by law, disclose the effect of such proposal, ordinance or resolution on the borrowing margin of every municipality comprised within the district and such disclosure shall show the amount of such borrowing margin before adoption of the proposal, ordinance or resolution and the amount thereof which would be used up by such final adoption and shall be sufficient if in substantially the following form with appropriate figures inserted:

a. In the case of an ordinance--

The authorization of the $ (insert amount of bonds to be issued) bonds provided for by this ordinance uses up $ (insert amount of borrowing margin to be used) of the $ (insert amount of borrowing margin before adoption of ordinance) borrowing margin of the (insert name of municipality) previously available for other improvements;

b. In the case of a proposition confirming an ordinance--

Shall the ordinance of the (insert name of municipality) adopted on (insert date of adoption) authorizing the issuance of $ (insert amount of bonds to be issued) bonds for school purposes and using up $ (insert amount of borrowing margin to be used) of the $ (insert amount of borrowing margin before adoption of ordinance) borrowing margin of the (insert name of municipality) previously available for other improvements be approved;

c. In the case of a resolution--

Resolved that the board of education does hereby determine, subject to the approval of the legal voters of the district:

To * * *; and

To issue bonds of the school district for said purpose (or purposes) in the principal amount of $ (insert amount of bonds to be issued), thus using up $ (insert amount of borrowing margin to be used) of the $ (insert amount of borrowing margin before adoption of resolution) borrowing margin of the (insert name of municipality) previously available for other improvements, and (if there be other municipality or municipalities comprised within such school district) $ (insert amount of borrowing margin to be used) of the $ (insert amount of borrowing margin before adoption of proposal) borrowing margin of the (insert name of municipality), et cetera, et cetera.

##### **§ 18A:24-23** Authorization of bonds in excess of limitations prescribed by section 18A:24-19 {#sec-18a-24-23 omnilex-key=us-nj-statutes--title-18a--18A:24-23}

School bonds may be authorized and issued notwithstanding the provisions of section 18A:24-19:

a. For the purposes of a Type I district, when an ordinance, authorizing the issuance of such bonds and conforming with the provisions of section 18A:24-24, has been finally adopted by the governing body of the municipality comprised within the district, by the recorded affirmative vote of a majority of all the members thereof, upon a copy of which there shall have been endorsed, prior to such adoption, the consents of the commissioner and the local finance board, provided for in sections 18A:24-25, 18A:24-26 and 18A:24-27, and by the adoption subsequently of a proposition confirming such ordinance, conforming with the provisions of section 18A:24-24, by the qualified voters of such municipality by a majority of the legal votes cast thereon upon its submission to them for their approval or rejection; or

b. By a Type II district, when a proposal authorizing the board of education to issue such bonds has been adopted by resolution by the board of education of the district and such proposal has been adopted by the legal voters of the district by a majority of the legal votes cast thereon upon its submission to them for their approval or rejection after there has been endorsed upon a copy thereof the consents of the commissioner and the local finance board, as provided in sections 18A:24-25, 18A:24-26 and 18A:24-27.

##### **§ 18A:24-24** Form of ordinance, proposition for confirmation of ordinance or proposal for issuance of bonds under section 18A:24-23 {#sec-18a-24-24 omnilex-key=us-nj-statutes--title-18a--18A:24-24}

Every ordinance, and every proposition confirming an ordinance, and every proposal, authorizing the issuance of bonds under section 18A:24-23, except such a proposal authorizing the issuance of bonds of a regional school district shall, after stating any other matters or things required by law, disclose the effect of such ordinance or proposal contained in such resolution on the borrowing margin of every municipality comprised within the school district, and such disclosure shall include and state the amount, if any, of such borrowing margin before final approval of the ordinance or proposal and the amount of such borrowing margin, if any, which would be used up by final approval thereof and the amount, if any, of net debt, in excess of the measure of such borrowing margin, which would result after the final approval of the ordinance or resolution, and such disclosure shall be sufficient if in substantially the following form with appropriate figures inserted:

a. In the case of an ordinance--

The authorization of the $ (insert amount of bonds to be issued) bonds provided for by this ordinance uses up all of the $ (insert amount of borrowing margin before adoption of ordinance), or, in an appropriate case, increases the existing deficit in the borrowing margin of the (insert name of municipality) previously available for other improvements and raises its net debt to $ (insert amount, after adoption of ordinance, of net debt of the municipality in excess of 3 1/2 % of the amount stated in the supplemental debt statement required by this article to be filed prior to the authorization of the bonds to be issued as the average of the 3 last preceding equalized valuations of the taxable real estate (together with improvements) of the municipality, as stated in the annual debt statement of the municipality or revision thereof last filed) beyond such borrowing margin;

b. In the case of a proposition confirming such an ordinance--

Shall the ordinance of the (insert name of municipality) adopted on (insert date of adoption) authorizing the issuance of $ (insert amount of bonds to be issued) bonds for school purposes and using up all of the $ (insert amount of borrowing margin before adoption of ordinance), or, in an appropriate case, increasing the existing deficit in the borrowing margin of the (insert name of municipality) previously available for other improvements and raising its net debt to $ (insert amount, after adoption of ordinance, of net debt of the municipality in excess of 3 1/2 % of the amount stated in the supplemental debt statement required by this article to be filed prior to the authorization of the bonds to be issued as the average of the 3 last preceding equalized valuations of the taxable real estate (together with improvements) of the municipality, as stated in the annual debt statement of the municipality or revision thereof last filed) beyond such borrowing margin, be approved;

c. In the case of a proposal contained in a resolution--

Resolved that the board of education does hereby determine, subject to the approval of the legal voters of the district:

To * * *; and

To issue bonds of the school district for said purpose (or purposes) in the principal amount of $ (insert amount of bonds to be issued), thus using up all of the $ (insert amount of borrowing margin before adoption of resolution), or in an appropriate case, increasing the existing deficit in the borrowing margin of the (insert name of municipality) previously available for other improvements and raising its net debt to $ (insert amount, after adoption of resolution, of net debt of the municipality in excess of 3 1/2 % of the amount stated in the supplemental debt statement required by this article to be filed prior to the authorization of the bonds to be issued as the average of the 3 last preceding equalized valuations of the taxable real estate (together with improvements) of the municipality, as stated in the annual debt statement of the municipality or revision thereof last filed) beyond such borrowing margin, and (if there be other municipality or municipalities comprised within such school district) using up all (or, in an appropriate case, an amount) of the $ (insert amount of borrowing margin before adoption of resolution), or, in an appropriate case, increasing the existing deficit in the borrowing margin of the (insert name of municipality) previously available for other improvements and (in every case where all borrowing margin is used) raising its net debt to $ (insert amount after adoption of proposal, of net debt of the municipality in excess of 3 1/2 % of the amount stated in the supplemental debt statement required by this article to be filed prior to the authorization of the bonds to be issued as the average of the 3 last preceding equalized valuations of the taxable real estate (together with improvements) of the municipality, as stated in the annual debt statement of the municipality or revision thereof last filed) beyond such borrowing margin, et cetera, et cetera.

##### **§ 18A:24-25** Submission to commissioner and local finance board; limiting conditions {#sec-18a-24-25 omnilex-key=us-nj-statutes--title-18a--18A:24-25}

A copy of any ordinance or proposal authorizing the issuance of any school bonds under section 18A:24-23 shall be submitted to the commissioner and the local finance board, for their consideration, and the commissioner or the local finance board, in considering the copy of any ordinance or proposal submitted to them as required by section 18A:24-23, and before endorsing his or their consent thereon, may require the governing body, or the board of education, submitting such copy to adopt resolutions restricting or limiting any future proceedings therein or other matters or things deemed by the commissioner or local finance board to affect any estimate made or to be made by him or them in accordance with sections 18A:24-26 and 18A:24-27, and every such resolution so adopted shall constitute a valid and binding obligation of the municipality or the school district, as the case may be, running to and enforceable and releasable by the commissioner or the local finance board, as the case may be.

##### **§ 18A:24-26** Approval or disapproval by commissioner {#sec-18a-24-26 omnilex-key=us-nj-statutes--title-18a--18A:24-26}

Within 60 days after such submission to him, the commissioner shall endorse his consent upon such copy, if he shall be satisfied, and shall record in writing his estimates, that existing educational facilities in the district are, or within five years will be, less than 80% adequate, that the new educational facilities to be financed pursuant to such ordinance or proposal are, or within 10 years will be, fully utilized and that under existing statutes there is no more economical alternative method of providing such new educational facilities, but if the commissioner is not so satisfied he shall endorse his disapproval on such copy within said period of 60 days.

##### **§ 18A:24-27** Approval or disapproval by local finance board {#sec-18a-24-27 omnilex-key=us-nj-statutes--title-18a--18A:24-27}

Within 60 days after such submission to it, the local finance board shall cause its consent to be endorsed upon such copy, if it shall be satisfied, and shall record by resolution, its estimates that the amounts to be expended for the new educational facilities to be financed pursuant to such ordinance or proposal are not unreasonable or exorbitant, and that issuance of the bonds, proposed to be authorized by such ordinance or proposal, will not materially impair the credit of any municipality comprised within the district or substantially reduce its ability, during the ensuing 10 years, to pay punctually the principal and interest of its debts and supply essential public improvements and services and that said issue of bonds cannot lawfully be authorized in compliance with the provisions of sections 18A:24-19 and 18A:24-21, and that, taking into consideration trends in population, in value and uses of property, and in needs for educational facilities, the net school debt of such district will, at some date within 20 years, as stated in the supplemental debt statements which might be filed on such date, be less than the percentage of equalized valuation of taxable property in such district as provided in section 18A:24-19, but if the local finance board is not so satisfied it shall cause its disapproval to be endorsed on such copy within said period of 60 days.

##### **§ 18A:24-27.1** Authorization to commissioner to certify required grade levels of instruction {#sec-18a-24-27.1 omnilex-key=us-nj-statutes--title-18a--18A:24-27.1}

For any purpose under the provisions of this title, or of the local bond law, the commissioner is authorized and empowered to certify, or to cause to be certified, the grade level of instruction then being provided, or to be thereafter provided, by the school facilities of any school district, or the amount of bonds authorized or issued, or to be authorized or issued, by any school district for the purpose of providing school facilities to provide any higher grade level of instruction than being provided by such school district.

##### **§ 18A:24-28** Charter limitations on indebtedness inapplicable {#sec-18a-24-28 omnilex-key=us-nj-statutes--title-18a--18A:24-28}

If the charter of any municipality shall limit the amount of indebtedness in such municipality, or by its terms prevent the carrying out of the provisions of this chapter, the charter provisions shall be held not to apply to the issuing of bonds under the provisions of this chapter.

##### **§ 18A:24-28.1** Certain bonds, etc., issued to June 22, 1964 saved {#sec-18a-24-28.1 omnilex-key=us-nj-statutes--title-18a--18A:24-28.1}

P.L.1964, c. 73, s. 8 (C. 18:5-84.2) is saved from repeal.

[This section provides that any proceedings for the authorization of bonds by any school district initiated prior to June 22, 1964 by:

(a) adoption of a resolution of the board of education of a school district calling a special school district election; or

(b) endorsement of a bonding proposal by the commissioner; or

(c) passage on first reading of an ordinance of any municipality authorizing bonds for school purposes pursuant to section 18:6-61 of the Revised Statutes;

may in each instance proceed to the completion of the authorization of such bonds in accordance with the provisions of Title 18, Education, of the Revised Statutes, as if chapter 73 of the Laws of 1964 had not taken effect and any such bonds, promissory notes or temporary loan bonds issued in anticipation of such bonds so authorized prior to said date shall be valid and in full effect.]

##### **§ 18A:24-29** Issuance of bonds; ordinance, submission to voters {#sec-18a-24-29 omnilex-key=us-nj-statutes--title-18a--18A:24-29}

A proposal for the confirmation of any ordinance, required by this article to be approved by the qualified voters of the municipality comprised within a district, shall be submitted to such voters at a general, special or municipal election to be held therein, whenever the governing body of the municipality shall have, by resolution or ordinance, directed that the same be so submitted and, in the case of a special election, specified the day, which shall be not less than 41 days after the passage of such ordinance, and the time thereof, the place or places thereof and the polling districts therefor by reference to the general election districts established and used in the municipality, and the hours (which need include only four consecutive hours) during which the polls at such election shall be open. It shall be the duty of the clerk of the municipality to give notice of any such election, setting forth the proposition to be submitted and the day and time and place or places thereof and the polling districts therefor and the hours during which the polls at such election will be open. At least seven days before the date thereof, the clerk shall post not less than seven copies of such notice, one on each schoolhouse within the municipality and the others at such other public places in the municipality as he may select, and shall publish said notice in a newspaper published in the municipality if there be one or, if there be no such newspaper, in a newspaper published in the county and circulating in the municipality. No other or different notice of said election shall be required to be posted, published, delivered or otherwise given in any manner, except those required to be given by R.S.19:12-7 . Such election shall be held and the result of the balloting on such question ascertained and determined in accordance with the provisions of Title 19, Elections, of the Revised Statutes, which are not inconsistent with this section and are applicable to the holding in such municipality of a general, special or municipal election, as the case may be, but any notice or demand therein required to be given to or made upon any person or body for the performance of an official duty with regard to such election shall be sufficient, if given or made at least 10 days before the date of such election, except as otherwise required by this section.

##### **§ 18A:24-30** Transmission of certified copy of bond proposal {#sec-18a-24-30 omnilex-key=us-nj-statutes--title-18a--18A:24-30}

Whenever bonds are authorized to be issued by a type II school district under this chapter, the secretary of the board of education of the district shall transmit to the commissioner a certified copy of the bond proposal adopted by resolution of the board of education and approved by a majority of the legally qualified voters of the district voting on the proposal at an annual or special school election.

##### **§ 18A:24-31** Form; type I districts {#sec-18a-24-31 omnilex-key=us-nj-statutes--title-18a--18A:24-31}

All bonds of a type I school district, issued in accordance with this chapter, shall be designated "school bonds" and shall be in either registered or coupon form, or both, and of such denomination as the governing body of the municipality, comprising the district, shall determine, and such bonds, within the limitations and provisions of this chapter, shall mature and be payable in such years and amounts as said governing body shall determine in the ordinance authorizing issuance of the bonds or by subsequent resolution.

##### **§ 18A:24-32** Form and execution; type II districts {#sec-18a-24-32 omnilex-key=us-nj-statutes--title-18a--18A:24-32}

All obligations of a type II school district, issued in accordance with this chapter, shall be issued in the corporate name of the district and shall be executed by the manual or facsimile signature of the president or vice president of the board of education of the district and attested by the manual signature of the secretary or assistant secretary thereof and shall bear the seal of the district affixed, imprinted, or reproduced thereon, and any bonds so issued shall be numbered and a proper registry thereof shall be kept by said secretary and if such bonds are in coupon form they shall have coupons attached for current payment of interest which shall be authenticated by the manual or facsimile signature of the secretary or assistant secretary and numbered to correspond to the several bonds to which they are severally attached.

##### **§ 18A:24-33** Coupon and registered bonds; conversion, etc. {#sec-18a-24-33 omnilex-key=us-nj-statutes--title-18a--18A:24-33}

Bonds, other than temporary loan bonds, of a type II school district, issued in accordance with this chapter, may be in either registered or coupon form and if in coupon form may contain provision for registration as to principal only or provision for registration as to both principal and interest, or may contain both such provisions and bonds issued in fully registered form may contain provision for conversion into bonds in coupon form, and bonds issued in coupon form, with provision for registration as to both principal and interest, may contain provision for reconversion when fully registered into coupon form, at the request and expense of the registered owner or his duly authorized attorney or legal representative.

##### **§ 18A:24-34** Conversion or reconversion of unmatured bonds; lost, defaced or destroyed bonds; reissuance {#sec-18a-24-34 omnilex-key=us-nj-statutes--title-18a--18A:24-34}

The provisions of this section shall apply to all unmatured bonds (other than temporary loan bonds) heretofore or hereafter issued by the board of education of any school district, under this title or any other law.

a. Bonds containing provisions for registration or conversion or reconversion shall from time to time be registered or converted or reconverted in accordance with such provisions.

b. Bonds issued in coupon form without provision for registration as to both principal and interest shall be converted at the request of the holder into bonds registered as to both principal and interest, by removing and cancelling all the unmatured coupons and by executing conversion certificates written or stamped on the back of the bonds.

c. Bonds issued in coupon form and subsequently converted into bonds registered as to both principal and interest shall be reconverted into bonds in coupon form at the written request of the registered owner or his authorized attorney or legal representative, who shall pay the reasonable costs of such reconversion. Such reconversion shall be effected by the preparation and substitution of new bonds bearing the same rate of interest and being otherwise of the same tenor as the original bonds, or shall be effected by attaching to such bonds, when registered to bearer, new coupons for the unmatured interest of the same form and tenor as those originally authorized.

Bonds reconverted as herein provided may again be converted into fully registered bonds and when so converted may again be reconverted into bonds in coupon form, from time to time, in the manner hereinabove provided.

d. Bonds originally issued in fully registered form without the privilege of conversion into coupon form shall at the written request of the registered owner or his authorized attorney or legal representative be converted into bonds in coupon form of the same or different denominations, by the preparation and substitution of new bonds with all privileges of registration, conversion and reconversion and bearing the same rate of interest and being otherwise of the same tenor as the original bonds.

e. If lost or completely destroyed, bonds shall be reissued in the form and tenor of the lost or destroyed bonds upon the owner furnishing, to the satisfaction of the board of education, (1) proof of ownership, (2) proof of loss or destruction, (3) an adequate surety bond, and (4) payment of the cost of preparing the new bonds.

f. If defaced or partially destroyed, bonds shall be reissued in the form and tenor of the defaced or partially destroyed bonds, to the bearer (or, if registered, to the registered owner) on surrender of the defaced or partially destroyed bonds and upon proof of ownership and payment of the cost of preparing the new bonds.

g. In the case of conversion or reconversion pursuant to subsection c. or d. of this section, the resolution of the board of education providing for the conversion or reconversion shall set forth the written request of the registered owner or his authorized attorney or legal representative, and the date, maturities, interest rate, denomination and numbers of the old and the new bonds. In the case of the issuance of bonds in substitution for lost, defaced or destroyed bonds, pursuant to subsection e. or f. of this section, the resolution of the board of education, providing for the reissuance, shall set forth the name of the holder or owner, and the date, maturities, interest rate, denomination and numbers of the old and the new bonds, the amounts and terms of the surety bonds, and any other conditions imposed by the board of education. The new bonds shall be signed by the president of the board of education and attested by the secretary in office at the time of such conversion, reconversion or reissuance, and the new coupons shall be authenticated by the facsimile signature of such secretary. Upon effecting such conversion, reconversion or reissuance, the officer effecting the same shall execute a certificate identifying the bonds and coupons, and shall file such certificate in the office of the secretary or other officer having custody of the minutes of the board of education.

##### **§ 18A:24-35** Type I districts {#sec-18a-24-35 omnilex-key=us-nj-statutes--title-18a--18A:24-35}

Bonds of a type I school district, authorized and issued in accordance with this chapter, shall be sold in the same manner as other municipal bonds are sold, as provided in chapter 2 of Title 40A, Municipalities and Counties, of the New Jersey Statutes.

##### **§ 18A:24-36** Public sale of bonds. {#sec-18a-24-36 omnilex-key=us-nj-statutes--title-18a--18A:24-36}

a. All bonds authorized and issued by type II school districts in accordance with chapter 24 of Title 18A of the New Jersey Statutes, except bonds of authorized issues of $1,000,000 or less, shall be sold at public sale upon the submission of sealed bids or through the submission of electronic proposals provided that a summary of the notice of public sale of these bonds as described in subsection b. of N.J.S.18A:24-37 shall be advertised at least once at least seven days prior thereto in a nationally recognized local government bond marketing publication or electronic information service carrying municipal bond notices and devoted primarily to financial news or the subject of state and municipal bonds and a notice of public sale containing the provisions described in subsection a. of N.J.S.18A:24-37 shall be advertised at least once at least seven days prior thereto in a newspaper published in the county and having a substantial circulation in the school district. Bonds of authorized issues of $1,000,000 or less may be sold at private sale without previous public offering.

b. If the board of education of the district determines to conduct the public sale through the submission of electronic bids or proposals, the electronic bids or proposals shall be submitted in the form of open or closed auctions conducted through a nationally recognized electronic securities bidding service and in accordance with such rules as may be promulgated by the State Board of Education. The State board may adopt rules in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and in consultation with the Local Finance Board in the Department of Community Affairs, regulating the terms and conditions of the submission of electronic bids or proposals.

c. The board of education of the district, by resolution, may allow or otherwise delegate to the school business administrator the authority to postpone a public sale without readvertisement, provided that the notice pursuant to subsection a. of this section contained precise information concerning the postponement and rescheduling procedure. The postponement and rescheduling procedure shall provide that a public sale may be postponed upon not less than 24 hours' notice, and that if the public sale is postponed, it may be recommenced upon not less than 48 hours' notice without further notice of sale. A public sale may not be postponed for more than 60 days without readvertisement.

d. The board of education of the district, by resolution, may allow the adjustment of, or otherwise delegate to the school business administrator the authority to adjust, the maturity schedule of the bonds, up to 24 hours prior to the time advertised for the receipt of bids and within 24 hours after the award of bids; provided that no maturity schedule adjustment shall exceed 10% of the principal for any maturity with the aggregate adjustment to maturity not to exceed 10% of the principal for the overall issue. When an adjustment has been made to a maturity schedule previously approved by the Local Finance Board in the Department of Community Affairs, a copy of the final maturity schedule which meets or complies with the limitations in this subsection shall be filed with the Local Finance Board within 30 days of the sale and shall be conclusively deemed to have been approved by the Local Finance Board.

##### **§ 18A:24-37** Notice of sale of bonds. {#sec-18a-24-37 omnilex-key=us-nj-statutes--title-18a--18A:24-37}

a. The notice of sale of Type II school district bonds required to be advertised pursuant to N.J.S.18A:24-36 shall describe the bonds and set forth in substance the postponement provisions and the other terms and conditions of sale, including the type of sale to be conducted, through the submission of either sealed or electronic bids or proposals, the principal amount, date, denomination and maturities, and authorization for adjustments to the maturities pursuant to subsection d. of N.J.S.18A:24-36 of the bonds offered for sale and such other provisions as may be determined by the Type II school district. As to interest to be borne by the bonds, it shall specify a rate or rates or maximum rate, and the method of calculation of interest cost pursuant to subsection b. of N.J.S.18A:24-39, which rate or the maximum rate shall in no event exceed 6% per annum. If proposals are invited at more than one interest rate, the notice shall also state that no proposals will be considered for bonds of a rate higher than the lowest rate at which a legally acceptable proposal is received.

b. A summary of the notice of public sale of Type II school district bonds required to be advertised pursuant to N.J.S. 18A:24-36 shall set forth: the principal amount, date, denomination and maturities of the bonds offered for sale; the rate or rates of interest or maximum rate or rates of interest to be borne by the bonds; a reference to where additional terms and conditions of the public sale may be obtained; and the type of sale to be conducted, through the submission of either sealed or electronic bids or proposals.

##### **§ 18A:24-38** Contents of notice when proposals are the same {#sec-18a-24-38 omnilex-key=us-nj-statutes--title-18a--18A:24-38}

Such notice of sale shall state in substance that as between proposals at the same interest rate, the bonds will be sold to the bidder offering to pay a sum equal to the par value of the bonds offered and to accept therefor the least amount of bonds, the bonds to be accepted being those first maturing, and that if two or more bidders offer to accept the same least amount, then to the bidder or bidders offering to pay therefor the highest additional price.

##### **§ 18A:24-39** Special provisions for two or more issues. {#sec-18a-24-39 omnilex-key=us-nj-statutes--title-18a--18A:24-39}

In case of a sale of more than one issue such notice of sale may, after describing the separate issues, provide in substance for one of the following methods of sale, namely:

a. The notice may state the combined maturities of all of said issues and request bids only for such combined maturities as if such combined maturities constituted a single issue, in which event the provisions of sections 18A:24-36 to 18A:24-46 shall apply as though the combined maturities constituted a single issue; or

b. The notice may state that bidders may name a single rate, or different rates, of interest for the different issues of bonds included in such sale, but if different rates are permitted, the notice may require a single rate for all the bonds of one issue, and that all issues will be awarded to the bidder on whose bid the total loan may be made at the lowest net interest cost or the true interest cost to the school district. The board of education of the district shall specify in its notice of public sale advertised pursuant to N.J.S.18A:24-37 whether the award shall be based on net interest cost or true interest cost. The net interest cost shall be computed by adding to the total principal amount of the bonds which the bidder offers to accept, the total interest cost to maturity which will be paid under the terms of the bid, after deducting from such interest cost the amount of cash premium, if any bid, which shall not exceed $1,000.00 as to any one issue or the addition thereto of the amount of discount, if any, bid. The true interest cost shall be computed in each instance by determining the interest rate, compounded semi-annually, necessary to discount the debt service payments to the date of the bonds and to the price bid, excluding interest accrued to the delivery date.

c. The board of education of the district, by resolution, may allow or otherwise delegate to the school business administrator the authority to permit a bidder to aggregate the consecutive principal maturities for which such bidder bid in the same interest rate into term bonds, provided that mandatory sinking funds for which redemptions in lieu of the principal maturities are provided. For the purposes of this subsection, "term bond" means a bond that is due in a certain year but has mandatory retirement provisions for portions of the term bond on specified dates prior to the maturity date of the term bond itself.

##### **§ 18A:24-40** Cash premium not to exceed $1,000.00 {#sec-18a-24-40 omnilex-key=us-nj-statutes--title-18a--18A:24-40}

The price for which bonds of any one issue of a type II district shall be sold shall not exceed by more than $1,000.00 the par value of the bonds of such issue offered for sale. In order that the amount bid at such sale shall not exceed such price, a sufficient number of the last maturing bonds shall be of the denomination of $1,000.00 or less.

##### **§ 18A:24-41** Deposit by bidders. {#sec-18a-24-41 omnilex-key=us-nj-statutes--title-18a--18A:24-41}

a. The notice of sale shall require all bidders to deposit a certified or cashier's or treasurer's check for 2% of the amount of bonds, drawn upon a bank or trust company for said amount, partially to secure the school district from any loss resulting from the failure of the bidder to comply with the terms of his bid, or as liquidated damages for such failure.

b. The State Board of Education, in consultation with the Local Finance Board in the Department of Community Affairs, may adopt rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to permit school districts to accept a financial surety bond in lieu of a certified, cashier's or treasurer's check as required in subsection a. of this section.

##### **§ 18A:24-42** Sealed bids, proposals opened publicly. {#sec-18a-24-42 omnilex-key=us-nj-statutes--title-18a--18A:24-42}

All sealed bids or proposals shall be opened publicly and all bids or proposals transmitted electronically shall be received at the time and place stated in such notice of sale, and not before, and shall be publicly announced, except upon a postponement and recommencement of the public sale made in accordance with the provisions of subsection c. of N.J.S.18A:24-36, in which case such bids or proposals shall be publicly opened, received and announced, as appropriate, at the postponed and recommenced date.

##### **§ 18A:24-43** Rejection of proposals {#sec-18a-24-43 omnilex-key=us-nj-statutes--title-18a--18A:24-43}

All bids received may be rejected, and any bid not complying with the terms of such notice may be rejected.

##### **§ 18A:24-44** Sale or delivery in installments {#sec-18a-24-44 omnilex-key=us-nj-statutes--title-18a--18A:24-44}

An issue of a type II district may be sold at one time or in installments at different times. In the case of bonds sold in installments the maturities offered for sale, combined with maturities, if any, previously sold, shall be such as to comply with the requirements of this chapter in accordance with which the maturities of the entire issue were determined. Any unsold part of an issue or installment may be reoffered, or may be offered, and sold, notwithstanding the fact that the maturities, when considered alone, do not comply with the provisions of this chapter.

##### **§ 18A:24-45** Private sale if no bids at public sale {#sec-18a-24-45 omnilex-key=us-nj-statutes--title-18a--18A:24-45}

If no legally acceptable bid is received for the bonds of a type II district advertised to be sold at public sale, said bonds or any of them may be sold without further advertisement at private sale within 30 days after the advertised date for public bidding; provided, however, that--

a. Said bonds shall not bear interest at a rate which is higher than the rate or maximum rate specified in the notice of sale, nor contain substantially different provisions from those specified in said notice;

b. Each block of bonds sold shall, considered together with any previous blocks sold, comply with the same provisions of law restricting maturities as apply to the entire issue; and

c. Any such sale or sales shall be made or confirmed within said 30 days by resolution of the board of education of the district adopted by the recorded roll call affirmative vote of two thirds of its full membership.

Such resolution shall set forth the date, maturities, interest rate and price of the bonds, and the name of the purchaser. Unless said bonds shall be sold to a board or other public body as provided in section 18A:24-46, the purchaser of bonds at private sale shall be required to deposit, with his bid, a certified or cashier's or treasurer's check, drawn upon a bank or trust company in an amount equal to 5% of the amount of bonds bid for, to be applied in accordance with the provisions of section 18A:24-41.

##### **§ 18A:24-46** Private sale to public agencies {#sec-18a-24-46 omnilex-key=us-nj-statutes--title-18a--18A:24-46}

Notwithstanding any provisions of this or any other law any such bonds of a type II school district may be sold at not less than their par value and accrued interest, without any previous public offering, to, and be purchased by, the trustees of the school fund, the board of trustees of the teachers' pension and annuity fund or to any board, body or official of the state, authorized to purchase such bonds.

##### **§ 18A:24-47** Payment to custodian; application {#sec-18a-24-47 omnilex-key=us-nj-statutes--title-18a--18A:24-47}

The proceeds of any bonds authorized and issued under this chapter shall be paid to the custodian of school moneys of the district, who shall, in no event, disburse them except to pay the expenses of issuing and selling the bonds and for the purpose or purposes for which the bonds were issued and for temporary investment as and in the manner prescribed by law, pending the carrying out of the purpose or purposes for which the bonds were issued and for such other purpose or purposes as are prescribed in this article.

##### **§ 18A:24-48** Application of proceeds to new purpose; in districts having boards of school estimate; certification by boards of education {#sec-18a-24-48 omnilex-key=us-nj-statutes--title-18a--18A:24-48}

If the board of education of any school district having a board of school estimate shall determine, by resolution, that all or any part of the proceeds of bonds issued for school purposes of the district are not necessary for the purpose or purposes for which the bonds were issued and that such proceeds are required for any other purpose or purposes for which bonds could be issued pursuant to this chapter, it shall prepare and deliver to each member of the board of school estimate of the district a statement of such other purpose or purposes out of the amount of such proceeds estimated to be necessary for such other purpose or purposes, itemizing the same so as to make it readily understandable. No such statement shall be delivered to the members of, or be acted upon by, the board of school estimate of a type II district unless the proceeds of said bonds have been on hand not less than one year and not more than six years after the time of issuance or sale of such bonds, nor shall such a statement be so delivered if any of such bonds mature beyond the periods prescribed by section 18A:24-5 with respect to such other purpose or purposes (computed from the date of the submission of such certificate) unless prior thereto the commissioner shall endorse upon a certified copy thereof his consent to the issuance of such statement, based upon his written estimate made pursuant to the provisions of section 18A:24-52.

##### **§ 18A:24-49** Application of proceeds to new purpose in type I district; determination by board of school estimate {#sec-18a-24-49 omnilex-key=us-nj-statutes--title-18a--18A:24-49}

The board of school estimate of a type I school district, upon receipt of such statement, shall fix and determine the amount of such proceeds necessary for such other purpose or purposes and shall certify the same to the board of education of the district and to the governing body of the municipality comprising the district, whereupon such proceeds, to the amount so fixed and determined by the board of school estimate, may be used for such other purpose or purposes.

##### **§ 18A:24-50** New purpose; determination by board of school estimate in type II districts {#sec-18a-24-50 omnilex-key=us-nj-statutes--title-18a--18A:24-50}

The board of education of a type II school district having a board of school estimate shall, upon certification of such statement, fix a date, place and time for the holding of a public hearing by the board of school estimate with respect to the amount of such proceeds to be used for such other purpose or purposes, which date shall be fixed and notice thereof published and which hearing by the board of school estimate shall be held in the manner provided in sections 18A:22-28 and 18A:22-29 with respect to the amount of money to be raised by the issuance of bonds, and the board of school estimate shall, at or after said hearing, fix and determine the amount of such proceeds to be used for such other purpose or purposes and shall certify the same to the board of education of the district and to the governing body of each municipality comprised within the district, whereupon such proceeds to the amount so fixed and determined by the board of school estimate, may be used for such other purpose or purposes.

##### **§ 18A:24-51** New purpose; submission to voters in type II districts having no boards of school estimate {#sec-18a-24-51 omnilex-key=us-nj-statutes--title-18a--18A:24-51}

If the board of education shall determine, by resolution, that all or any part of the proceeds of school bonds, issued for a type II school district not having a board of school estimate, on hand one year or longer after the time of issuance or sale of such bonds, are not necessary for the purpose or purposes for which the bonds were issued and that such proceeds are required for any other purpose or purposes for which bonds could be issued pursuant to this chapter, said board shall frame a question to be submitted to the legal voters of the district which shall state such other purpose or purposes, the amount of such proceeds to be expended for such other purpose or purposes and the source of such proceeds and such question shall be submitted to the legal voters of the district at an annual or special school election held not more than six years after the time of issuance or sale of such bonds, which election shall be called and held, and the result thereof ascertained, recorded and made known in the manner provided with respect to authorization of the issuance of school bonds of the district, but if any of such bonds mature beyond the period prescribed by section 18A:24-5 with respect to such other purpose or purposes (computed from the date of such annual or special election), such question shall not be submitted to the legal voters unless prior thereto the commissioner shall endorse, upon a certified copy thereof, his consent to the submission thereof as prescribed in this article.

##### **§ 18A:24-52** Approval of submission by commissioner {#sec-18a-24-52 omnilex-key=us-nj-statutes--title-18a--18A:24-52}

The commissioner shall so endorse his consent to the submission of such question to the legal voters of the district, if he shall determine in writing his estimate: (a) either that application of such proceeds to the purpose or purposes for which the bonds were issued will not satisfactorily carry out said purpose or purposes or that such purpose or purposes have been carried out; and, if such bonds were issued pursuant to a resolution upon which the commissioner endorsed his consent in accordance with section 18A:24-23, that (b) the carrying out of such other purpose or purposes is necessary in order to provide educational facilities in the district which are, or, within five years, will be, needed in the district. If the commissioner shall not so determine, he shall endorse his disapproval on such certified copy.

##### **§ 18A:24-53** Approval by voters {#sec-18a-24-53 omnilex-key=us-nj-statutes--title-18a--18A:24-53}

If at such election the question shall be adopted by the legal voters of the district, such proceeds may be used for such other purpose or purposes.

##### **§ 18A:24-54** Transfer of remaining unapplied balance {#sec-18a-24-54 omnilex-key=us-nj-statutes--title-18a--18A:24-54}

If all or any part of the proceeds of any bonds authorized and issued under this chapter for any school district are not applied to or necessary for the purpose or purposes for which the bonds were issued or for any other purpose or purposes authorized pursuant to this article, the board of education of the district may transfer the balance remaining unapplied to the general fund or the debt service fund of the district.

##### **§ 18A:24-55** Contracts made before issuance of bonds {#sec-18a-24-55 omnilex-key=us-nj-statutes--title-18a--18A:24-55}

After school bonds have been authorized in accordance with this chapter, the board of education may, within the amount and for the purposes of such authorization, make contracts notwithstanding that the moneys to be raised therefor by the issuance of such bonds, or notes or temporary loan bonds in anticipation thereof, are not in hand.

##### **§ 18A:24-56** Lien of bonds of type II district {#sec-18a-24-56 omnilex-key=us-nj-statutes--title-18a--18A:24-56}

Obligations of a type II school district, issued pursuant to this chapter, shall be a lien upon the real estate situate in the district, the personal estates of the inhabitants of the district and the property of the district, and such estates and property shall be liable for the payment thereof.

##### **§ 18A:24-57** Payment of interest and principal from taxes {#sec-18a-24-57 omnilex-key=us-nj-statutes--title-18a--18A:24-57}

The amount of interest upon any obligation issued for school purposes, and of any part of the principal thereof not provided to be paid in any other manner, falling due in any one year shall be:

1. Certified to the governing body of each municipality comprising a type I district by the clerk of the municipality for inclusion in the budget of the municipality and shall be included in the annual tax levy and shall be raised by taxation in the municipality; or

2. Included in the budget of each type II district for such year and shall be separately certified by the secretary of the board of education to the county board of taxation of the county and in each district consisting of but one municipality, the whole amount thereof shall be raised by special tax in the district and in each district composed of more than one municipality, the amount apportioned to such municipality according to law shall be raised by special tax in the municipality.

##### **§ 18A:24-58** Borrowing to pay principal and interest {#sec-18a-24-58 omnilex-key=us-nj-statutes--title-18a--18A:24-58}

If funds are not available to pay the principal or interest falling due on any obligation of a type II district, in full or in part, for the reason that no such certified statement or an incorrect statement was transmitted to the county board of taxation, the board of education of the district shall execute and deliver promissory notes for the amount thereof not so certified and pay the amount so borrowed together with interest thereon at a rate not exceeding 6% per annum, and any such amount so borrowed together with interest shall be included in the next ensuing certified statement to the county board of taxation.

##### **§ 18A:24-59** Disposition of funds for payment of principal and interest on obligations. {#sec-18a-24-59 omnilex-key=us-nj-statutes--title-18a--18A:24-59}

All moneys received for payment of principal and interest of obligations of a type II school district payable in any year shall be paid to the secretary or treasurer of school moneys of the district, as appropriate, who shall deposit them in such bank as shall be determined by resolution by the board, in order to provide for the payment thereof.

##### **§ 18A:24-60** Cancellation and disposition of paid obligations {#sec-18a-24-60 omnilex-key=us-nj-statutes--title-18a--18A:24-60}

On the taking up or payment of outstanding obligations of a Type II district the board of education of the district shall cancel the same and hold them for inspection by the public school accountant. After such inspection they may be destroyed as authorized by the Bureau of Archives and History, Division of the State Library, Archives and History, State Department of Education.

##### **§ 18A:24-61** Renewal or refunding of obligations prohibited; exceptions {#sec-18a-24-61 omnilex-key=us-nj-statutes--title-18a--18A:24-61}

No obligations issued after July 1, 1917 for school purposes shall be renewed or refunded, except such as are authorized by law to be renewed or refunded and except temporary loan bonds issued or to be issued in anticipation of the sale of permanent bonds pursuant to this chapter or to Title 18 of the Revised Statutes but this section shall not invalidate any bonds heretofore renewed or refunded pursuant to law.

##### **§ 18A:24-61.1** Funding or refunding bonds at or prior to maturity {#sec-18a-24-61.1 omnilex-key=us-nj-statutes--title-18a--18A:24-61.1}

Any bonds heretofore or hereafter issued (a) by any county to meet or finance any county college appropriation or purpose or any county vocational school appropriation or purpose, or (b) by any municipality to meet or finance any school district appropriation or purpose, or (c) by any school district which at the time of issuance of such bonds was governed by the provisions of chapter 7 or of chapter 8 of Title 18, Education, of the Revised Statutes or constituted a Type II school district under the provisions of this Title, may be funded or refunded at or prior to the maturity of such bonds as herein provided by issuance of bonds (herein called the "refunding bonds" ). Such refunding bonds may be issued in any amount deemed necessary by the governing body of the county or municipality and, in the case of a Type II School District, the Board of Education thereof, and approved by the Local Finance Board.

##### **§ 18A:24-61.2** Purpose for which refunding bonds may be authorized; exclusions from net school debt. {#sec-18a-24-61.2 omnilex-key=us-nj-statutes--title-18a--18A:24-61.2}

2. Notwithstanding the provisions of any other law or any debt limitation or requirement for down payment or for referendum or other action by legal voters, refunding bonds may be authorized and issued for the purpose of paying, funding or refunding: any refunded bonds; the cost of retiring the present value of the unfunded accrued liability due and owing by a board of education, as calculated by the system actuary for a date certain upon the request of a board of education, for early retirement incentive benefits granted by the board of education pursuant to P.L.1991, c.231, P.L.1993, c.163 and P.L.2003, c.129; the repayment of a Federal Emergency Management Agency Community Disaster Loan for which the board of education executed a promissory note in 2013 under the authority of section 5 of P.L.1951, c.72 (C.App.A:9-62); the cost of COVID-19 expenditures incurred for immediate preparation, response, recovery, and restoration of public services, for a period not to exceed five years; and the cost or expense of issuing refunding bonds including printing, advertising, accounting, financial, legal or other expense in connection therewith. Obligations to be paid, funded or refunded with respect to which an ordinance authorizing the issuance of refunding bonds has been adopted pursuant to this act and not otherwise deductible shall be excluded in calculating the net school debt of a municipality or a district. Refunding bonds shall be authorized (a) in the case of any county or municipality by a refunding bond ordinance enacted in the manner or mode of procedure provided for adoption of a refunding bond ordinance pursuant to the Local Bond Law, constituting chapter 2 of Title 40A, Municipalities and Counties, of the New Jersey Statutes, and (b) in the case of a Type II school district by an ordinance (herein called the "refunding bond ordinance") adopted by the board of education of such school district as provided in this chapter. As used in this section, "COVID-19" means the coronavirus disease 2019, as announced by the World Health Organization on February 11, 2020, and first identified in Wuhan, China.

##### **§ 18A:24-61.3** Refunding bond ordinance; manner of sale and issuance {#sec-18a-24-61.3 omnilex-key=us-nj-statutes--title-18a--18A:24-61.3}

A refunding bond ordinance of any county or municipality shall become effective and refunding bonds shall be sold or issued in the manner provided in sections 40A:2-52 to 40A:2-60, both inclusive, of said Local Bond Law, and all of the provisions of said sections shall be applicable thereto and to such funding or refunding by any county or municipality, and such refunding bonds shall recite that they are issued pursuant to said law and this chapter. A refunding bond ordinance of any Type II school district shall become effective and refunding bonds shall be sold or issued in the manner provided in this chapter.

##### **§ 18A:24-61.4** Supplemental debt statement, adoption of refunding bond ordinance; provisions. {#sec-18a-24-61.4 omnilex-key=us-nj-statutes--title-18a--18A:24-61.4}

4. A supplemental debt statement shall be prepared and filed with respect to a Type II school district, in accordance with N.J.S.18A:24-17, that reflects either new and unissued debt or the amount of the refunding debt in excess of the debt to be refunded prior to the adoption of a bond ordinance by the board of education of a Type II school district. Thereafter a refunding bond ordinance may be enacted by the board of education of any Type II school district after the approval thereof by resolution of such board of education, and by subsequent adoption thereof after advertised public hearing, notice of which shall be given by publication of such proposed refunding bond ordinance and notice of hearing once at least 7 days prior to date of such hearing, in a newspaper circulating in the school district. Following the holding of such public hearing, at which all interested persons shall be given an opportunity to be heard, such refunding bond ordinance may thereupon be adopted by the recorded affirmative vote of 2/3 of the full membership of such board of education or at such other time and place to which such hearing or further consideration thereof shall have been adjourned. The refunding bond ordinance in the case of a Type II school district shall contain in substance: (a) an authorization of the issuance of the refunding bonds, stating in brief and general terms sufficient for reasonable identification the refunded bonds to be funded or refunded, and the amount of the cost of issuing the refunding bonds which is included in the authorized principal amount of the refunding bonds; (b) the principal amount of refunding bonds authorized; and (c) in either the refunding bond ordinance or a resolution adopted prior to the issuance of the refunding bonds such further provisions as the Local Finance Board in the Department of Community Affairs of the State of New Jersey may require or approve as to deposit, securing, regulation, investment, reinvestment, disposition or application of the proceeds of such refunding bonds, and matters in connection therewith, including the officer or officers of the school district to be responsible therefor, and amortization or other provision for premiums or other losses incurred.

Such refunding bond ordinance or resolution may also contain provisions, which shall be a part of the contract with the holders of the refunding bonds, as to the establishment of, and the making of appropriations for, reserves or sinking funds and the amount, source, securing, regulation and disposition thereof. Any matter relating to refunding bonds and not required to be contained in the refunding bond ordinance may be performed or determined by subsequent resolution of the board of education, or the performance or determination thereof delegated by resolution to a financial officer of the school district.

##### **§ 18A:24-61.5** Certified copy of refunding bond ordinance; filing. {#sec-18a-24-61.5 omnilex-key=us-nj-statutes--title-18a--18A:24-61.5}

5. a. A certified copy of any refunding bond ordinance shall be filed with the Director of the Division of Local Government Services in the Department of Community Affairs before adoption, together with a complete statement in form prescribed by the director and signed by the chief financial officer of the school district as to the outstanding bonds to be funded or refunded by issuance of the refunding bonds. Except as provided in subsection b. of this section no refunding bond ordinance or any resolution performing, determining or authorizing matters or acts in connection with refunding bonds shall take effect until the consent of the local finance board shall have been endorsed upon a certified copy thereof as adopted.

Any certification or endorsement of consent made by the local finance board or by a majority of the members thereof or by the secretary thereof pursuant to its direction as to any issue of refunding bonds shall, after the issuance of such refunding bonds in reliance thereon, be conclusive as to its validity or regularity and shall not be contested in any action or proceeding relating to such refunding bonds instituted after the issuance of such bonds.

The county, municipality or school district may enter into any contracts or agreements to implement the refunding program, including agreements with banking institutions with respect to the application of moneys deposited in a sinking fund for the payment of the refunding bonds at their maturity date to the purchase of obligations of the United States Government or obligations the principal of and interest on which are guaranteed by the United States Government or obligations of any agency or instrumentality of the United States Government without regard to any limitations as to the investment or deposit of moneys.

b. Refunding bonds to realize total debt service savings on outstanding obligations may be issued without the approval of the Local Finance Board in the Department of Community Affairs when authorized by conditions set forth in rules and regulations of the Local Finance Board and upon a resolution adopted by 2/3 vote of the full membership of the board of education of the district.

##### **§ 18A:24-61.6** Powers and duties of local finance board {#sec-18a-24-61.6 omnilex-key=us-nj-statutes--title-18a--18A:24-61.6}

The local finance board may examine into any estimates, computations or calculations made in connection with any issue of refunding bonds, may require the production of any papers, documents, witnesses or information, may make or cause to be made any audit or investigation and may take any other action which it may deem advisable in connection with any issue of refunding bonds. All powers and duties of a funding commission pursuant to any other law as heretofore exercised and performed by such commission shall be vested in and exercised and performed by the local finance board as if such board constituted such commission.

##### **§ 18A:24-61.7** Consent by board; considerations; statement of reasons for refusal {#sec-18a-24-61.7 omnilex-key=us-nj-statutes--title-18a--18A:24-61.7}

In considering any refunding bond ordinance presented to it for its consent, the local finance board shall have regard to the probable capacity of the school district to pay at maturity the refunding bonds proposed to be issued, and all notes and bonds and other indebtedness and liabilities of the school district then outstanding, taking into consideration the assessed and true valuation of taxable property in the school district, the equitable distribution of the burden of interest and debt redemption charges in connection with such refunding bonds, and the bonds and notes and other indebtedness and liabilities theretofore outstanding or which may necessarily thereafter be incurred. If the local finance board shall refuse to indorse its consent upon any such refunding bond ordinance, it shall certify to the school district a statement of its reasons for such refusal.

##### **§ 18A:24-61.8** Title; dates; interest; denomination; payment; redemption {#sec-18a-24-61.8 omnilex-key=us-nj-statutes--title-18a--18A:24-61.8}

Refunding bonds may be issued in one or more series and shall contain the word "refunding" in their title and shall recite that they are issued pursuant to this chapter and shall bear such date or dates, mature at such time or times not exceeding 40 years, as may be approved by the Local Finance Board, from their date, bear interest at such rate or rates, payable at such time or times, be in such denomination and in such form, either coupon or registered, carry such registration privileges, be executed in such manner consistent with the provisions of this Title for bonds of such school district, be payable at such place or places, and be subject to such terms of redemption, with or without premium, as may be determined by the refunding bond ordinance or by subsequent resolution or resolutions of the board of education.

##### **§ 18A:24-61.9** Sale or exchange of refunding bonds {#sec-18a-24-61.9 omnilex-key=us-nj-statutes--title-18a--18A:24-61.9}

Refunding bonds may be sold at public or private sale, or may be exchanged for any outstanding bonds to be funded or refunded, pursuant to resolution adopted by not less than 2/3 of the full membership of the board of education, at such price or prices, computed according to standard tables of bond values, as will yield to the purchasers or to the holders of the refunded bonds surrendered in exchange, an income at a rate not to exceed 6% per annum to the maturity dates of the refunding bonds sold or exchanged, on the money paid or the principal amount of the refunded bonds or notes surrendered therefor to the local unit. Refunding bonds of any authorized issue or of any authorized maturity may be sold or exchanged as hereinabove provided from time to time and in such blocks as may be deemed advisable. The officer of the school district delivering any refunding bonds in exchange for outstanding refunded bonds shall report in writing to the board of education at the next meeting thereof as to the principal amounts, maturities and numbers of the refunding bonds so delivered and as to the refunded bonds received in exchange, which report shall be entered in the minutes of the board of education, and a copy of such report shall be filed within 5 days thereafter with the director.

##### **§ 18A:24-61.10** Sinking fund or reserve fund moneys; payment or retirement of refunded bonds or deposit in trust {#sec-18a-24-61.10 omnilex-key=us-nj-statutes--title-18a--18A:24-61.10}

Moneys or investments in any sinking fund or reserve fund of the school district established or held for any refunded bonds to be paid, funded or refunded by issuance of refunding bonds shall, unless the refunding bond ordinance provides otherwise, be applied to the payment or retirement of any such refunded bonds. In the event that there shall be in any such fund any bonds of the school district other than those which are being paid, funded or refunded, said bonds or notes shall be removed from such fund and canceled but only to the extent that the moneys or investment remaining in such fund shall be not less than the outstanding refunded bonds of the school district not funded or refunded and for which such fund was established or held, but any excess of such moneys or investment may be held for and applied to the payment of the principal of and interest on the refunding bonds. The refunding bond ordinance may provide that the proceeds from the sale of any refunding bonds shall be deposited in such sinking fund or reserve fund in trust to provide for the payment and retirement of the obligations being refunded at the maturity dates thereof or by redemption prior to the maturity dates and provision may be made for the pledge and disposition of any amounts in excess of the amounts required for such purposes. Money in any such sinking fund may be invested in (a) direct obligations of the United States Government, (b) obligations the principal of and interest on which are guaranteed by the United States Government, (c) to the extent then permitted by law in obligations of any agency or instrumentality of the United States Government or (d) in certificates of deposit issued by a bank or trust company located in this State if such certificates shall be secured by a pledge of any of said obligations described in (a), (b) or (c) above having an aggregate market value, exclusive of accrued interest, equal at least to the principal amount of the certificates so secured. Nothing herein shall be construed as a limitation on the duration of any deposit in trust for the retirement of obligations being refunded but which shall not have matured and which shall not be presently redeemable or, if presently redeemable, shall not have been called for redemption.

##### **§ 18A:24-61.11** Refunding bonds for refunding bonds due over five year period; investments {#sec-18a-24-61.11 omnilex-key=us-nj-statutes--title-18a--18A:24-61.11}

If the local finance board shall find that a special refunding program is in the public interest and is based upon a sound financial plan for equalizing or reducing the debt service of a school district, a refunding bond ordinance may authorize refunding bonds for refunding some or all of any bonds of the school district which will become due over a period of not exceeding 5 years. Such refunding bond ordinance shall provide for the sale annually during such period, or at such other time or times as the local finance board may approve, of blocks or series of refunding bonds to provide funds to pay the bonds and interest to be refunded and such ordinance may also provide for the investment and application of the proceeds of such refunding bonds, pending the maturity or maturities of the bonds to be refunded and for reinvestment or other application of income and realizations upon such investments.

Such investment and reinvestment shall be restricted to (a) purchase and holding of unlimited bonds or notes or other obligations (whether or not interest-bearing) issued or unconditionally guaranteed as to both principal and interest by the United States of America and which mature or which the United States of America is on demand obligated to pay, not later than the end of the respective calendar years of the maturities of the several bonds to be refunded, or (b) purchase and cancellation of any of the bonds to be refunded in the manner or mode of procedure prescribed by the Fiscal Affairs Law.

##### **§ 18A:24-61.12** Powers under this Act and validity of refunding bonds not affected by laws or proceedings {#sec-18a-24-61.12 omnilex-key=us-nj-statutes--title-18a--18A:24-61.12}

The power to authorize and issue refunding bonds pursuant to this chapter and the validity of such refunding bonds so issued shall not be affected by or be dependent in any way upon the requirements of any other law or the validity or regularity of any proceedings pursuant to or under which any refunded bonds were authorized and issued, and shall be independent of the power to make, do or undertake any school district purpose, improvement or project and shall not be dependent upon or affected by the validity or regularity of any school district purpose, improvement or project or the authorization therefor, for the financing of which such refunded bonds were issued or refunding bonds are to be issued.

##### **§ 18A:24-62** Authorization of issuance of certain refunding bonds saved {#sec-18a-24-62 omnilex-key=us-nj-statutes--title-18a--18A:24-62}

Section 18:7-84 of the Revised Statutes is saved from repeal. [This section authorized issuance of bonds to refund notes issued and sold for certain purposes.]

##### **§ 18A:24-63** Bonds authorized prior to change in method of government of school district {#sec-18a-24-63 omnilex-key=us-nj-statutes--title-18a--18A:24-63}

If any municipality, while within or comprising a type I school district, shall have, by ordinance, authorized the issuance of school bonds of said municipality in accordance with this title and thereafter shall have accepted the provisions of section 18A:9-3 of this title and there remain, unissued, bonds of said issue on the date of the acceptance by said municipality of said section 18A:9-3 of this title, or if any municipality has, while being within or comprising a school district governed by the provisions of chapter 6 of Title 18 of the Revised Statutes, by ordinance, authorized the issuance of school bonds of the municipality in accordance with chapter 5 or 6 of said Title 18, which remain unissued on the date this title shall become effective, such ordinance shall, thereafter, be authority for the issuance of bonds of the school district to the amount and for the purpose or purposes set forth therein, and shall be deemed to constitute a resolution duly approved at said date by the legal voters of the school district, authorizing the board of education to issue bonds of the district for the purpose or purposes and in the amount or amounts set forth in such ordinance. The bonds so issued shall be dated and sold and be made payable in accordance with the provisions of this title relating to the issuance and sale of bonds of type II school districts and any provisions of such ordinance with respect to the dates and maturities of such bonds shall not affect the powers of the board of education with respect to such dating and maturities. The board of education of the school district shall assume and pay any notes and other obligations, other than permanent bonds, theretofore duly issued or incurred by the municipality pursuant to said ordinance.

##### **§ 18A:24-64** Issuance of bonds authorized prior to effective date of this title {#sec-18a-24-64 omnilex-key=us-nj-statutes--title-18a--18A:24-64}

Any school bonds, the proceedings for the authorization of which, by the introduction of an ordinance in the governing body of the municipality or of a resolution in the board of education of the district, as the case may be, were commenced prior to the effective date of this title may be authorized, issued and sold and the proceeds thereof disposed of in the manner provided by law at the time said proceedings were begun, as if this title had not been enacted.

##### **§ 18A:24-65** Expiration date for contesting validity of proceeding, election {#sec-18a-24-65 omnilex-key=us-nj-statutes--title-18a--18A:24-65}

No action to contest the validity of any proceeding or election authorizing the issuance of any bonds, held in connection with any such authorization, or the application of the proceeds of any such issue to a purpose other than those for which the bonds were issued, shall be commenced after the expiration of 20 days from the date of the institution of such proceedings or the holding of such election or the action in connection therewith forming the subject matter of such contest. Thereafter, the proceedings shall be conclusively presumed to be due authorization for the issuance of the bonds.

##### **§ 18A:24-66** Authorization {#sec-18a-24-66 omnilex-key=us-nj-statutes--title-18a--18A:24-66}

Any board of education of this State, upon complying with the provisions of this act, shall be authorized, for any purpose for which it is permitted by law to issue any bonds, to issue some part or all of the same in the form, type and manner provided for herein.

##### **§ 18A:24-67** Application for authorization; grant of authorization; certificate; publication of notice of certificate; conclusiveness of validity of bonds {#sec-18a-24-67 omnilex-key=us-nj-statutes--title-18a--18A:24-67}

Any board of education desiring to issue bonds under this act shall file application for authorization to do so with the Division of Local Finance in the Department of Community Affairs. The application shall be on such form, and shall contain such information as said division may specify by rule or regulation, and shall be acted upon within 30 days after filing. The authorization, if granted, may be made contingent upon compliance with terms and conditions therein specified, and shall be accompanied by a certificate of the division, or shall be supplemented by such certificate in instances for which terms and conditions are specified, stating that the provisions of this act have been complied with and that the bonds to be issued will be valid and binding obligations of the issuing board, and of any guaranteeing municipality when such guaranty is provided. The certificate shall be conclusive proof of the validity of the said bonds and of the fact that the same are governmental obligations for a public purpose, and such conclusive proof shall not be open to question or challenge in any place or proceeding. The issuing board shall cause notice of said certificate to be published in such manner and at such times as the certificate directs, and no proceeding to challenge the certificate or the conclusive effect thereof shall be instituted after the expiration of 30 days from the first publication of said notice.

##### **§ 18A:24-68** Purpose of act {#sec-18a-24-68 omnilex-key=us-nj-statutes--title-18a--18A:24-68}

It is the purpose of this act to stabilize the values of school bonds issued hereunder, and to provide means for reducing administrative costs by a sufficient degree to permit purchase thereof by the public in small denominations, in order to make it feasible for the general public to provide financing for such bond issues.

##### **§ 18A:24-69** Contracts with financial institutions as agents; terms of advance subscription {#sec-18a-24-69 omnilex-key=us-nj-statutes--title-18a--18A:24-69}

The issuing board may enter into contracts and agreements with any financial institution or institutions to serve as agent of the board of education through whom the public may subscribe to, purchase and redeem bonds, or for temporary borrowings when appropriate to meet redemptions pending reissue of additional bonds, and for such other purposes and services appropriate to the achievement of the object of this act and the management of the issue. Such contracts and agreements, if entered into prior to the granting of authorization to issue bonds under this act, shall be deemed to contain a provision that the same shall not take effect until authorization has been granted and certificate issued, nor until any changes required by any terms and conditions of the authorization have been made. Nothing herein, however, shall prevent the making of a contract or agreement for the receipt of subscriptions and deposits for the purchase of bonds, contingent upon authorization and certification, so long as the issuing board is not required to make any payment or other compensation for the service or cost thereof in the event that the approval is not granted or certificate is not issued. Any such advance subscriptions shall be on a written form expressly stating that if authorization is not granted or certificate not issued by a date therein specified, the deposit accompanying the subscription shall be refunded on demand without interest.

##### **§ 18A:24-70** Bond resolution; provisions {#sec-18a-24-70 omnilex-key=us-nj-statutes--title-18a--18A:24-70}

Bonds issued pursuant to this act shall be authorized by a bond resolution adopted by the issuing board, which resolution may be adopted prior to application contingent upon authorization and certification. Such bond resolution may contain provisions dealing with all aspects and terms of the bonds to be issued, and in all cases shall contain provisions that:

a. The aggregate amount to be borrowed on bonds issued pursuant to this act shall be that sum which members of the public may subscribe for and purchase from time to time, but in no case shall the same exceed 1.5 times the amount of the borrowings which the issuing board has been authorized to expend for school purposes under its borrowing authority pursuant to law.

b. A blanket bond only shall be issued, payable to the financial institution designated to serve as fiscal agent, for the benefit of all bondholders, which bond shall state no specific amount in dollars but which shall be a binding obligation to pay the amount of the principal and accrued interest on all bonds issued and outstanding at any time. The ledgers and accounts of the fiscal agent and of the issuing board shall be determinative of the amounts.

c. Each bond purchaser shall be furnished by the fiscal agent with a written record upon which there shall be entered the name or names and form of registration, the effective purchase date of each bond and the principal amount thereof, the effective redemption date and amount paid for principal and accrued interest, and a printed schedule showing, for each principal denomination, the amount of accrued interest payable if redeemed at stated times after date of issue.

d. The bonds may be registered only in specified forms, which forms shall be conclusive of ownership for all purposes and as to all persons, and that no bearer bonds may be issued.

e. Bonds purchased before the fifteenth day of any month shall be deemed to have been issued on the first day of that month, and that all other bonds shall be deemed to have been issued on the first day of the following month.

f. No bond issued under this act may be transferred or assigned except to the extent resulting from the form of registration and except as may result from operation of law in case of death, insolvency or bankruptcy.

g. Every bondholder shall at all times be entitled to redeem any bond or bonds and to be repaid the principal amount thereof and any accrued interest shown on the schedule for the holding period, but provision may be made for a reasonable waiting period, not to exceed 2 weeks, for the refinancing of the amounts to be redeemed. If any waiting period should be required, accrued interest shall be ascertained from the schedule according to the date of actual payment.

Interest shall be payable only on redemption or maturity.

h. A schedule setting forth the denominations in which the bonds may be purchased, and showing the dollar amount of interest thereon for stated holding periods. The accrued interest schedule shall provide for lesser amounts of accrued interest for lesser holding periods than if held to maturity, may provide for no accrual if retained less than one year and shall designate the amount of the accruals of interest for periods, which may be of varying duration, of not less than one year.

##### **§ 18A:24-71** Investment of proceeds; disposition of excess borrowed over authorizations; reserve for payment of bonds {#sec-18a-24-71 omnilex-key=us-nj-statutes--title-18a--18A:24-71}

Because the amounts actually borrowed on bonds issued pursuant to this act, together with amounts borrowed on bonds issued under other laws, may from time to time exceed the total amount authorized by law to be borrowed and expended for school purposes, any excess so borrowed from time to time shall be held in a reserve to be applied to meet redemptions and maturities. Where the amount to be invested is less than such limit as may be specified by the bond resolution, or is reasonably expected to be invested for a short period, the same may be temporarily invested in a certificate or certificates of deposit or other similar investment, of the fiscal agent or any other financial institution authorized to do business in this State. In other cases the investments may be made in such manner as other funds of a board of education may be invested, or the issuing board may negotiate and enter into an agreement for the making of investments for its account, either in a separate account or in a common fund with other like investments for other boards of education, by the State Investment Council in the Department of the Treasury, which council is hereby authorized to enter into and perform such agreements and to make investments in any security or securities in which it may be authorized to make investments under any of the laws applicable to it.

##### **§ 18A:24-72** Maturity date {#sec-18a-24-72 omnilex-key=us-nj-statutes--title-18a--18A:24-72}

The blanket bond of the issuing board provided for in section 5b of this act shall be for a due date not in excess of that which would provide the maximum borrowing period under applicable law for the particular purpose of the borrowing. The bonds issued to bondholders may be for shorter periods of maturity, and the same may be issued and reissued from time to time but all of the same shall mature and become due and payable on the due date of the blanket bond, unless prior thereto an additional bond issue or issues shall be authorized and new and additional blanket bond or bonds shall be issued, in which case bonds may be issued and reissued to bondholders to mature, in any event, on the last date of any of said bonds.

##### **§ 18A:24-73** Annual installment to retire bonds; calculation; school budget item; sinking fund; disposition of excess {#sec-18a-24-73 omnilex-key=us-nj-statutes--title-18a--18A:24-73}

The issuing board shall annually cause to be made calculations of the average amount of the principal of bonds issued and outstanding under this act and of the average amount of the reserve provided for in section 6, for the 12-month period prior to such calculation. The calculations shall be made not more than 3 months prior to the date for the publication of the annual school budget. Said budget shall contain provision, as a mandatory item, of an amount equal to that sum which would be sufficient as a level annual installment to retire in full the net amount resulting from the subtraction of the average reserve from the average outstanding principal, at that rate of interest that would be applicable if all bonds were held to maturity, if such installments were paid over the full term of the blanket bond. The amount annually required for said item shall be placed in a separate sinking fund to be invested and reinvested in the same manner as provided in section 6, and shall be applied only to the satisfaction of bonds outstanding at the maturity of the last blanket bond. Any excess, remaining after full satisfaction of such bonds, or the making of provisions therefor, shall be and become general funds available to the issuing board but for authorized school purposes only.

##### **§ 18A:24-74** Temporary borrowings to meet redemptions {#sec-18a-24-74 omnilex-key=us-nj-statutes--title-18a--18A:24-74}

Because the amounts of redemptions from time to time may be such as to deplete the reserve fund provided for in section 6, the issuing board is authorized to make temporary borrowings from any available source, to provide funds to meet redemptions. The authorization of the Division of Local Finance may require that binding arrangements be made for the availability of such temporary funds, unless the bonds to be issued hereunder are guaranteed by municipal guaranty.

##### **§ 18A:24-75** Municipal ordinance for guaranty; authorization {#sec-18a-24-75 omnilex-key=us-nj-statutes--title-18a--18A:24-75}

Every municipality within or part of the school district of the issuing board is hereby authorized to adopt an ordinance containing a guaranty of bonds issued under this act.

##### **§ 18A:24-76** Modification or revocation of right or interest of bondholder {#sec-18a-24-76 omnilex-key=us-nj-statutes--title-18a--18A:24-76}

No bond resolution, no municipal ordinance for guaranty, and no contract, agreement, arrangement or other act of the issuing board, of any municipality or of any governmental office, officer or agency shall be modified, altered, revoked, added to or otherwise changed in any respect that would tend to adversely affect the interest or right of the holder of any bond or bonds issued hereunder. This provision shall be deemed to be a contractual obligation and not subject to modification or repeal so long as any of said bonds are issued, outstanding and unmatured. Nothing in this section shall be construed to prevent the issue and reissue of additional bonds, all of which shall have equal rights in respect to any reserves or sinking funds without any differences in priority among them.

##### **§ 18A:24-77** Grounds for grant of authorization {#sec-18a-24-77 omnilex-key=us-nj-statutes--title-18a--18A:24-77}

The authorization provided for in section 2 of this act shall be granted in any case in which it shall appear to the Division of Local Finance that the issuing board is reasonably likely to be able to sell a sufficient number of bonds under this act as to accomplish its purpose. Such authorization shall be granted in any case where the total amount of the borrowing which is authorized to be expended for school purposes is not in excess of $250,000.00, or in the alternative, where such amount represents an average of not more than $25.00 per capita of the population of the district.

##### **§ 18A:24-78** Application to issue of other bonds {#sec-18a-24-78 omnilex-key=us-nj-statutes--title-18a--18A:24-78}

No authorization to issue bonds pursuant to this act shall in any way preclude the issuing board from issuing other bonds under any other applicable law, at any time and from time to time, during the period for which bonds might have been issued in the absence of such authorization.

##### **§ 18A:24-79** Net debt of board of education; calculation; net debt of municipality {#sec-18a-24-79 omnilex-key=us-nj-statutes--title-18a--18A:24-79}

For the purposes of calculating or stating local debt or school debt, or for any debt statement or supplemental debt statement, or for the application of any limitation on the issuance of bonds by a board of education or municipality, or any other similar purpose under any applicable law now or hereafter enacted, the net debt of any board of education on bonds issued hereunder shall be the aggregate amount of the principal and accrued interest of issued and outstanding bonds, less the amount of the reserve funds and sinking funds held pursuant to this act and the earnings thereof, as of the date of the calculation. At the option of the issuing board, the calculation of net debt may be made in the same manner as provided in section 8 of this act, ^1^ except that accrued interest shall be included in the calculation. No municipal guaranty of any bonds issued hereunder shall be taken into account in determining its bonded indebtedness or in calculating any debt limit or for any other purpose stated in this section in respect to such municipality, unless the municipality shall have been called upon to perform its guaranty, and then only to the extent of such call and to the extent that the same has not been satisfied. However, the existence of the guaranty shall be disclosed in any case.

##### **§ 18A:24-80** Exemption from taxation {#sec-18a-24-80 omnilex-key=us-nj-statutes--title-18a--18A:24-80}

Any and all bonds issued pursuant to this act shall be conclusively deemed to be governmental obligations for governmental and public purposes, and the same, together with any interest thereon, shall be forever exempt from any and every tax and shall be excluded from the calculation of any and every tax, whenever enacted, of whatever nature and however levied, assessed or calculated, whether during the lifetime or at or after or by reason of the death of any holder.

##### **§ 18A:24-81** Payroll deductions for purchase of bonds {#sec-18a-24-81 omnilex-key=us-nj-statutes--title-18a--18A:24-81}

Every employer, public or private, is hereby authorized to accept requests from any employee to make payroll deductions to be applied by the employer from time to time, as sufficient deductions have accrued, to the purchase of bonds authorized to be issued hereunder for the account of such employee.

##### **§ 18A:24-82** Legal investment for fiduciaries or other representative {#sec-18a-24-82 omnilex-key=us-nj-statutes--title-18a--18A:24-82}

Every fiduciary or other representative is hereby authorized to make investments in bonds authorized to be issued hereunder, which shall be legal investments unless expressly prohibited by the instrument from which his authority derives.

##### **§ 18A:24-83** Bonds as gift to minor or for purchase for beneficiary {#sec-18a-24-83 omnilex-key=us-nj-statutes--title-18a--18A:24-83}

Bonds authorized to be issued under this act may be made the subject of gifts under the Gifts to Minors Act or other similar law, and may be purchased for the benefit of any minor or other beneficiary under any will or other instrument in any case where obligations of the United States or of this State may be purchased, or where moneys are authorized to be deposited in any bank account.

##### **§ 18A:24-84** Construction of act; severability; validity of bonds {#sec-18a-24-84 omnilex-key=us-nj-statutes--title-18a--18A:24-84}

This act shall be liberally construed. Its provisions shall be deemed severable in any case where such severability will not tend to defeat its purpose. No defect, error or omission in any matter of form or substance shall in any way affect the validity and binding obligation of any bond issued hereunder, and the Division of Local Finance is authorized, in any such case, to issue an order validating any bonds to be issued after the discovery thereof, in any respect in which there may be such defect, error or omission, if it is satisfied that the same is not substantial or prejudicial, or upon a curing or correction of the defect, error or omission.

##### **§ 18A:24-85** Short title {#sec-18a-24-85 omnilex-key=us-nj-statutes--title-18a--18A:24-85}

This act shall be known and may be cited as "The School Qualified Bond Act."

##### **§ 18A:24-86** Legislative findings {#sec-18a-24-86 omnilex-key=us-nj-statutes--title-18a--18A:24-86}

The Legislature finds and declares that:

a. Provision of adequately equipped, sanitary and secure physical facilities is an integral part of the maintenance of a thorough and efficient system of free public education;

b. Maintenance of strong financial credit in New Jersey school districts is essential in providing necessary physical facilities at minimum cost, for the children of this State between the ages of 5 and 18 years;

c. While the credit status of New Jersey's school districts is sound, it can be strengthened by a pledge of State school aid to guarantee debt service payments on qualified bonds;

d. Such a pledge of State school aid should expand the market for and lower the interest costs on qualified bonds issued pursuant to the terms of this act, thus substantially reducing the costs of participating school districts and making more efficient use of the funds available for the provision of a thorough and efficient education.

##### **§ 18A:24-87** Definitions. {#sec-18a-24-87 omnilex-key=us-nj-statutes--title-18a--18A:24-87}

2. For the purposes of this act, unless the context clearly requires a different meaning:

a. "Commissioner" means the Commissioner of Education of the State of New Jersey;

b. "Debt service" means and includes payments of principal and interest upon qualified bonds issued pursuant to the terms of this act or amounts required in order to satisfy sinking fund payment requirements with respect to such bonds;

c. "Local Finance Board" means the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs, established pursuant to P.L.1974, c.35 (C.52:27D-18.1);

d. "Paying agent" means any bank, trust company or national banking association having the power to accept and administer trusts, named or designated in any qualified bond of a school district or municipality as the agent for the payment of the principal of and interest thereon and shall include the holder of any sinking fund established for the payment of such bonds;

e. "Qualified bonds" means those bonds of a school district or municipality authorized and issued in conformity with the provisions of this act;

f. "State board" means the State Board of Education of the State of New Jersey;

g. "School district" means a Type I, Type II, regional, or consolidated school district as defined in Title 18A of the New Jersey Statutes;

h. "State school aid" means the funds made available to local school districts pursuant to section 11 of P.L.2007, c.260 (C.18A:7F-53).

##### **§ 18A:24-88** Qualified bonds; issuance; resolution by local board of education or municipality; application to commissioner; resolution of approval by state board; endorsement of proposal or ordinance {#sec-18a-24-88 omnilex-key=us-nj-statutes--title-18a--18A:24-88}

a. Bonds issued by any school district or municipality pursuant to the provisions of this act shall be "qualified bonds" and shall be entitled to the benefit of the provisions of this act.

b. Whenever a local board of education or the governing body of a municipality determines by resolution to issue bonds for the construction, reconstruction, development, extension, improvement or acquisition of physical facilities, it may file an application with the commissioner to qualify the bonds pursuant to the provisions of this act. Upon receipt of any such application, the commissioner shall cause an investigation to be made, taking into consideration such factors as the conditions in the school district, any applicable educational goals, objectives and standards established by the State or local board of education, the need for the facilities to be financed from the proceeds of such proposed qualified bonds, the ability of the school district or municipality to maintain a thorough and efficient system of education after issuing qualified bonds, and such other factors as the commissioner may deem necessary.

c. If such investigation shows to the satisfaction of the commissioner that such school district or municipality should be entitled to issue qualified bonds pursuant to the provisions of this act, he shall so recommend to the State board which may by resolution determine that such school district or municipality is entitled to issue qualified bonds.

d. At any time within 1 year after the adoption by the State board of the resolution referred to in subsection c. with respect to a particular issue of bonds, the school district or municipality may submit to the commissioner a copy of a proposal or ordinance authorizing the issuance of qualified bonds entitled to the benefits of this act in accordance with said resolution. The commissioner shall be and is hereby authorized to endorse upon any copy of such proposal or ordinance a certification thereof as being the proposal or ordinance as to which a determination of the State board has been made as aforesaid. Such endorsement shall be made in such form or manner as the commissioner shall determine. If no such proposal or ordinance is submitted within 1 year of the adoption of the resolution, the resolution shall be of no further force and effect and the commissioner shall so notify said school district or municipality.

##### **§ 18A:24-89** Endorsement of consent of local finance board; conditions {#sec-18a-24-89 omnilex-key=us-nj-statutes--title-18a--18A:24-89}

a. A copy of the resolution of the State board referred to in section 3c. and a copy of the proposal or ordinance referred to in section 3d. bearing the endorsement of the commissioner as aforesaid, shall be submitted to the local finance board for its consideration. The local finance board, in considering any proposal or ordinance submitted to it and before endorsing its consent thereon, may require the board of education of any school district or the governing body of any municipality in such school district to adopt resolutions restricting or limiting any future proceedings with respect to the authorization of bonds or other matters deemed by the local finance board to affect any estimate made or to be made by it in accordance with subsection b. hereof. Every resolution so adopted shall constitute a valid and binding obligation of such school district or municipality running to and enforceable by, and releasable by, the local finance board.

b. Within 60 days after the submission to it of the resolution and proposal or ordinance, the local finance board shall cause its consent to be endorsed upon the proposal or ordinance authorizing such qualified bonds, if it shall be satisfied, and shall record by resolution, that the amounts to be expended for the education facilities to be financed pursuant to such proposal or ordinance are not unreasonable or exorbitant, and that issuance of the qualified bonds, to be authorized by such proposal or ordinance, will not materially impair the credit of any municipality comprised within the district or substantially reduce its ability, during the ensuing 10 years, to pay punctually the principal and interest on its debts while at the same time supplying essential public improvements and services. If the local finance board is not so satisfied it shall cause its disapproval to be endorsed on such copy within said period of 60 days.

##### **§ 18A:24-90** Revision of maturity schedule approved by local finance board; application; approval; endorsement {#sec-18a-24-90 omnilex-key=us-nj-statutes--title-18a--18A:24-90}

If the board of education of a school district or governing body of a municipality shall determine by resolution that a maturity schedule for its qualified bonds, other than the maturity schedule approved by the local finance board pursuant to section 4 is in the best interest of said school district, it may make application to the local finance board setting forth such belief and the grounds therefor and requesting approval of a schedule of maturities for such qualified bonds set forth in the application.

Within 60 days after submission to the local finance board of an application, the local finance board shall cause its approval to be endorsed thereon if it shall be satisfied, and shall record by resolution its findings, that the belief set forth in such application is well founded and that issuance of the bonds pursuant to the revised maturity schedule in such application would not materially impair the credit of any municipality comprised within the school district or substantially reduce its ability, during the ensuing 10 years, to pay punctually the principal and interest of its debts and supply essential public improvements and services. If the local finance board is not so satisfied, it shall cause its disapproval to be endorsed on such copy within said period of 60 days.

##### **§ 18A:24-91** Recitals; method of authorization and issue; maturity; provisions for protection of bondholders {#sec-18a-24-91 omnilex-key=us-nj-statutes--title-18a--18A:24-91}

a. All qualified bonds when issued shall contain a recital to the effect that they are issued pursuant to Title 18A of the New Jersey Statutes and are entitled to the benefits of the provisions of this act. Except as otherwise provided in this act, all qualified bonds shall be authorized and issued in the manner provided for in Title 18A. N.J.S. 18A:24-19 through 18A:24-27 shall not be applicable with respect to authorization or issuance of any bonds pursuant to the provisions of this act. Qualified bonds shall mature not later than 30 years from their date of issuance without regard to any limitations as to maturities or amounts of annual installments for bonds as provided in Title 18A.

b. The proceedings of the school district or municipality authorizing the issuance of qualified bonds may contain such covenants and provisions for protecting and enforcing the rights and remedies of the bond holders as may be reasonable and proper and not in violation of law, including covenants restricting the issuance of additional qualified bonds.

##### **§ 18A:24-92** Bond anticipation notes {#sec-18a-24-92 omnilex-key=us-nj-statutes--title-18a--18A:24-92}

Any school district or municipality which has authorized qualified bonds may issue temporary notes or loan bonds (hereinafter "notes" ) in anticipation of the issuance of permanent qualified bonds to the extent permitted by the provisions of Title 18A or any other applicable laws, subject to such additional terms or conditions with respect to such notes as may be fixed or required by the commissioner to insure that funds are borrowed only as needed to meet required payments for construction, reconstruction, development, extension, improvement, or acquisition of the educational facilities to be financed by the issuance of permanent qualified bonds.

##### **§ 18A:24-93** Certification to state treasurer of debt service and paying agent; withholding state school aid to pay bonds; guarantee to bondholders {#sec-18a-24-93 omnilex-key=us-nj-statutes--title-18a--18A:24-93}

a. Each school district or municipality, as the case may be, which issues qualified bonds shall certify to the State Treasurer the name and address of the paying agent, and the maturity schedule, interest rate and dates of payment of debt service on such qualified bonds within 10 days after the date of issuance of such qualified bonds. After receipt of such certificate the State Treasurer shall withhold from the amount of State school aid payable to such school district or municipality an amount of such State school aid which will be sufficient to pay the debt service on such qualified bonds as the same shall mature and become due. The State Treasurer shall, on or before each principal and interest payment date, forward such withheld amounts to the paying agent for such qualified bonds for deposit to the account established with such paying agent for the purpose of paying the debt service on such qualified bonds. From the time withheld by the State Treasurer all State school aid so withheld and paid or to be paid to and held by the paying agent shall be exempt from being levied upon, taken, sequestered or applied toward paying the debts of such school district or municipality other than for payment of debt service on such qualified bonds. From the time withheld by the State Treasurer, such State school aid so withheld and paid or to be paid to said paying agent shall be deemed to be held in trust for the sole purpose of paying the debt service on such qualified bonds.

b. The State of New Jersey hereby covenants with the purchasers, holders and owners, from time to time, of qualified bonds that it will not repeal, revoke, rescind, modify or amend the provisions of subsection a. of this section so as to create any lien or charge on or pledge, assignment, diversion, withholding payment or other use of or deduction from any State school aid to be apportioned and paid to any paying agent of qualified bonds which is prior in time or superior in right to the payment required by subsection a. of this section; provided, however, that nothing herein contained shall be deemed or construed to require the State of New Jersey to continue to make payments of State school aid or to limit or prohibit the State from repealing or amending any law heretofore or hereinafter enacted for the payment or apportionment of State school aid or the manner, time, or amount thereof.

c. The certification to the State Treasurer as to amount payable in any year for debt service on such qualified bonds shall be fully conclusive as to such qualified bonds from and after the time of issuance of such qualified bonds notwithstanding an irregularity, omission or failure as to compliance with any of the provisions of this act with respect to such qualified bonds provided that such qualified bonds contain a recital to the effect that they are entitled to the benefits of the provisions of this act. All persons shall be forever estopped from denying that such qualified bonds are entitled to the benefits of the provisions of this act.

##### **§ 18A:24-94** Annual budget of school district or municipality; inclusion of debt service on qualified bonds {#sec-18a-24-94 omnilex-key=us-nj-statutes--title-18a--18A:24-94}

Nothing contained in this act shall be construed to relieve any school district or municipality of the obligation imposed on it by law to include in its annual budget amounts necessary to pay, in each year, the principal and interest maturing and becoming due on any qualified bonds issued by such school district or municipality; provided, however, that to the extent of the amounts withheld from State school aid payable to such school district or municipality and forwarded to the paying agent for such qualified bonds pursuant to section 8, such budgeted amounts, to the extent not needed to pay debt service on such qualified bonds, shall be applied to the payment of the operating expenses of such school district or municipality for such year; and provided, further, that in any year in which State school aid is not appropriated, such budgeted amounts shall be used to pay the debt service maturing and becoming due in such year on such qualified bonds of the school district or municipality.

##### **§ 18A:24-95** Application to projects commenced prior to effective date of act {#sec-18a-24-95 omnilex-key=us-nj-statutes--title-18a--18A:24-95}

The provisions of this act shall not be construed to prohibit any school district or municipality from applying for authorization to issue qualified bonds pursuant to the terms of this act in connection with the construction, reconstruction, development, extension, improvement or acquisition of any educational facility notwithstanding that the construction, reconstruction, development, extension, improvement or acquisition of such facility was authorized, approved or commenced prior to the effective date of this act.

##### **§ 18A:24-96** Severability {#sec-18a-24-96 omnilex-key=us-nj-statutes--title-18a--18A:24-96}

If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

##### **§ 18A:24-97** Issuance in absence of compliance with provisions as to approval for qualification upon adoption of funding ordinances or resolutions; refunding bonds; standards in investigation by commissioner {#sec-18a-24-97 omnilex-key=us-nj-statutes--title-18a--18A:24-97}

a. Qualified bonds may be issued pursuant to the provisions hereof for the purpose of funding ordinances or resolutions which have been adopted in the absence of compliance by the municipality or school district with the provisions as to approval for qualification set forth herein, even if notes have been sold or other obligations incurred pursuant to said ordinance, provided that prior to the issuance of such bonds the municipality or school district shall have complied with such provisions.

b. Outstanding bonds of any school district or municipality issued for school purposes may be refunded by the issuance of qualified refunding bonds whether or not in advance of the maturity or redemption date of the outstanding bonds and in any amount determined to be necessary by the local board of education or governing body of the municipality to effect the refunding. Qualified refunding bonds of a municipality shall be sold and issued in the manner provided in N.J.S. 40A:2-52 to 40A:2-60, both inclusive, and of any Type II school district in the manner provided in sections 3 through 11 of P.L.1969, c. 130 (C. 18A:24-61.3 to 18A:24-61.11), and the provisions of said sections shall be applicable thereto and to such refunding bonds and such refunding bonds shall recite that they are issued pursuant to said provisions and this act.

c. The Commissioner of Education in undertaking the investigation required by subsection b. of section 3 of P.L.1976, c. 39 (C. 18A:24-88) shall take into consideration any applicable educational goals, objectives and standards established by the State or local board of education, the ability of the school district and the municipality to maintain a thorough and efficient system of education after issuing qualified bonds and such other factors as the commissioner may deem necessary.

## **Chapter 25** {#struct-chapter-25}

##### **§ 18A:25-1** Transfer of teaching staff members {#sec-18a-25-1 omnilex-key=us-nj-statutes--title-18a--18A:25-1}

No teaching staff member shall be transferred, except by a recorded roll call majority vote of the full membership of the board of education by which he is employed.

##### **§ 18A:25-2** Authority over pupils {#sec-18a-25-2 omnilex-key=us-nj-statutes--title-18a--18A:25-2}

A teacher or other person in authority over such pupil shall hold every pupil accountable for disorderly conduct in school and during recess and on the playgrounds of the school and on the way to and from school.

The driver shall be in full charge of the school bus at all times and shall be responsible for order; he shall never exclude a pupil from the bus, but, if unable to manage any pupil, shall report the unmanageable pupil to the principal of the school which he attends.

A pupil may be excluded from the bus for disciplinary reasons by the principal and his parents shall provide for his transportation to and from school during the period of such exclusion.

##### **§ 18A:25-3** Teaching, etc., on holidays not required {#sec-18a-25-3 omnilex-key=us-nj-statutes--title-18a--18A:25-3}

No teaching staff member shall be required to perform his duties on any day declared by law to be a public holiday and no deduction shall be made from such member's salary by reason of the fact that such a public holiday happens to be a school day and any term of any contract made with any such member which is in violation of this section shall be void.

##### **§ 18A:25-4** School register; keeping {#sec-18a-25-4 omnilex-key=us-nj-statutes--title-18a--18A:25-4}

Each teacher or person required by the board of education of any district or of any county vocational school to keep a school register shall keep the same in the manner provided therefor and his final salary installment for the school year shall not be paid to him until the superintendent, secretary, principal or other person designated by the board, has examined the register, found it to have been kept according to law and certified the same thereon.

##### **§ 18A:25-5** Annual report; filing and penalty for failure to file {#sec-18a-25-5 omnilex-key=us-nj-statutes--title-18a--18A:25-5}

The teacher in any school in which but one teacher is employed and the principal in every other school shall file with the superintendent of schools of the district, if there be one, otherwise with the county superintendent, at the time of the closing of the school for the summer vacation or of leaving school before the end of the school year, an annual report on blanks furnished for that purpose by the commissioner. Unless such report is filed at said time the last installment of salary due the teacher or principal for the school year shall not be paid to him until the secretary of the board of education shall have received written notice from the superintendent of the district or the county superintendent, as the case may be, that such report has been filed.

##### **§ 18A:25-6** Suspension of assistant superintendents, principals and teachers {#sec-18a-25-6 omnilex-key=us-nj-statutes--title-18a--18A:25-6}

The superintendent of schools may, with the approval of the president or presidents of the board or boards employing him, suspend any assistant superintendent, principal or teaching staff member, and shall report such a suspension to the board or boards forthwith. The board or boards, each by a recorded roll call majority vote of its membership, shall take such action for the restoration or removal of such person as it shall deem proper, subject to the provisions of chapter 6 ^1^ and chapter 28 of this Title.

##### **§ 18A:25-7** Meeting which could adversely affect employment; right to notice and representation {#sec-18a-25-7 omnilex-key=us-nj-statutes--title-18a--18A:25-7}

Whenever any teaching staff member is required to appear before the board of education or any committee or member thereof concerning any matter which could adversely affect the continuation of that teaching staff member in his office, position or employment or the salary or any increments pertaining thereto, then he shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have a person of his own choosing present to advise and represent him during such meeting or interview.

## **Chapter 26** {#struct-chapter-26}

##### **§ 18A:26-1** Citizenship requirement for teachers, exceptions {#sec-18a-26-1 omnilex-key=us-nj-statutes--title-18a--18A:26-1}

Every permanent teaching staff member employed in any of the free public schools for nine months or more, in any year shall be a citizen of the United States, except that any citizen of any other country, who has declared his intention of becoming a United States citizen and to whom there has been issued a teaching certificate in accordance with law, may be employed as a teacher so long as he holds a valid teacher's certificate and a teacher of foreign languages who has been a resident of the United States for less than 10 years and who is not a citizen of the United States may be employed in such capacity.

The requirement of citizenship shall not be construed to apply to a teacher from a foreign country who is enrolled with an approved international agency which operates a teacher placement program or teacher exchange program.

##### **§ 18A:26-1.1** Residence requirements prohibited {#sec-18a-26-1.1 omnilex-key=us-nj-statutes--title-18a--18A:26-1.1}

No board of education of any school district shall require any teaching staff member to reside within the school district within which he is employed.

##### **§ 18A:26-2** Certificates required; exception {#sec-18a-26-2 omnilex-key=us-nj-statutes--title-18a--18A:26-2}

No teaching staff member shall be employed in the public schools by any board of education unless he is the holder of a valid certificate to teach, administer, direct or supervise the teaching, instruction, or educational guidance of, or to render or administer, direct or supervise the rendering of nursing service to, pupils in such public schools and of such other certificate, if any, as may be required by law.

Notwithstanding the foregoing certification requirement, boards of education shall be permitted to enter into contracts with properly licensed commercial drivers' schools for the purpose of providing behind-the-wheel instruction as a part of a regular curriculum driver education course, provided that classroom instruction in driver education is conducted by a certified teaching staff member. When classroom instruction in driver education is conducted by a certified teaching staff member, persons providing behind-the-wheel instruction need not be certified teachers but shall be properly licensed driving instructors under rules and regulations of the Division of Motor Vehicles.

##### **§ 18A:26-2a** Definitions relative to employment of novice teachers; registration with DOE. {#sec-18a-26-2a omnilex-key=us-nj-statutes--title-18a--18A:26-2a}

1. a. As used in this section:

"Certificate of eligibility" means a certificate with lifetime validity issued by the State Board of Examiners to candidates who meet degree, academic, and applicable test requirements for teacher certification;

"Certificate of eligibility with advanced standing" means a certificate with lifetime validity issued by the State Board of Examiners to candidates who meet degree, academic and test requirements for teacher certification and complete a State-approved college professional education preparation program;

"Novice teacher" means any teacher working under a valid certificate of eligibility, certificate of eligibility with advanced standing, or provisional certificate who has not yet been issued a standard instructional certificate;

"Provisional certificate" means a certificate issued by the State Board of Examiners to candidates who hold either a certificate of eligibility or a certificate of eligibility with advanced standing and are employed as part of a State-approved district training program or residency leading to standard certification;

"Provisional teacher program" means the school-based training and evaluation program provided to all novice teachers during the first year of teaching in the State;

"Standard instructional certificate" means a permanent certificate issued to a person who has met all teacher certification requirements.

b. A board of education may employ a person who holds a valid certificate of eligibility or certificate of eligibility with advanced standing to teach as a novice teacher in the public schools of the district. Upon the employment of a novice teacher, the board of education shall immediately register the employment with the Department of Education and request issuance of a provisional certificate. When the provisional certificate is issued by the department, its effective date for all purposes shall be the date on which the novice teacher began employment with the board of education. The board of education shall also enroll the novice teacher in the provisional teacher program and comply with all responsibilities assigned to the district by the department.

##### **§ 18A:26-2b** Definitions relative to teacher certification. {#sec-18a-26-2b omnilex-key=us-nj-statutes--title-18a--18A:26-2b}

1. As used in this act:

"Limited certificate of eligibility" means a certificate issued by the State Board of Examiners to candidates who meet the criteria established pursuant to section 4 of this act.

"Limited certificate of eligibility with advanced standing" means a certificate issued by the State Board of Examiners to candidates who meet the criteria established pursuant to section 3 of this act and complete a State-approved college professional educator preparation program.

##### **§ 18A:26-2c** Limited certificate of eligibility pilot program. {#sec-18a-26-2c omnilex-key=us-nj-statutes--title-18a--18A:26-2c}

2. There is established in the Department of Education a five-year pilot program under which the State Board of Education shall authorize the issuance of a limited certificate of eligibility with advanced standing pursuant to section 3 of this act and a limited certificate of eligibility pursuant to section 4 of this act.

##### **§ 18A:26-2d** Issuance of limited certificate of eligibility, advanced standing. {#sec-18a-26-2d omnilex-key=us-nj-statutes--title-18a--18A:26-2d}

3. a. For the purposes of the pilot program established pursuant to section 2 of this act, no later than three months following the date of enactment, the State Board of Education shall authorize the issuance of a limited certificate of eligibility with advanced standing to a teacher candidate who meets all other eligibility requirements for a certificate of eligibility with advanced standing, except any one of the following:

(1) the minimum grade point average requirement and all other alternative grade point average requirements or exceptions; or

(2) the requirement to achieve a minimum passing score on an appropriate State test of subject matter knowledge and all other alternative requirements or exceptions to achieving a passing score on an appropriate State test of subject matter knowledge.

b. The limited certificate of eligibility with advanced standing authorized pursuant to subsection a. of this section shall only be used for employment in a school district, charter school, or renaissance school approved to hire individuals who hold the certificate pursuant to section 5 of this act.

##### **§ 18A:26-2e** Issuance of limited certificate of eligibility. {#sec-18a-26-2e omnilex-key=us-nj-statutes--title-18a--18A:26-2e}

4. a. For the purposes of the pilot program established pursuant to section 2 of this act, no later than three months following the date of enactment, the State Board of Education shall authorize the issuance of a limited certificate of eligibility to a teacher candidate who meets all other eligibility requirements to receive a certificate of eligibility, except any one of the following:

(1) the requirement to complete a minimum number of subject area course credits and all other related alternative requirements or exceptions, except that a candidate applying for a limited certificate of eligibility shall hold a bachelor's degree at a minimum;

(2) the minimum grade point average requirement and all other alternative grade point average requirements or exceptions;

(3) the requirement to achieve a minimum score on a Commissioner of Education-approved test of basic reading, writing, and mathematical skills and all other alternative basic skills requirements or exceptions; or

(4) the requirement to achieve a minimum passing score on an appropriate State test of subject matter knowledge and all other alternative requirements or exceptions to achieving a passing score on an appropriate State test of subject matter knowledge.

b. The limited certificate of eligibility authorized pursuant to subsection a. of this section shall only be used for employment in a school district, charter school, or renaissance school approved to hire individuals who hold the certificate pursuant to section 5 of this act.

##### **§ 18A:26-2f** Approval of schools hiring individuals issued limited certificates of eligibility; qualifications. {#sec-18a-26-2f omnilex-key=us-nj-statutes--title-18a--18A:26-2f}

5. a. A school district, charter school, or renaissance school seeking to hire individuals who are issued limited certificates of eligibility with advanced standing or limited certificates of eligibility under the pilot program established pursuant to section 2 of this act shall be approved by the Commissioner of Education to do so. A school district, charter school, or renaissance school shall apply to the commissioner in a manner and form to be prescribed by the commissioner. To be considered for approval to hire individuals who hold limited certificates of eligibility with advanced standing or limited certificates of eligibility, an applicant shall demonstrate a sufficient capability to provide support to new teachers and:

(1) a demographic disparity between the district's or school's student population and teachers; or

(2) a shortage of bilingual education teachers; or

(3) a critical need to fill teacher vacancies or a hardship caused by teacher vacancies.

b. During the first year of implementation of the pilot program established pursuant to section 2 of this act, the commissioner shall approve no less than 10 school districts, charter schools, or renaissance schools to hire individuals who hold limited certificates of eligibility with advanced standing or limited certificates of eligibility.

c. A school district, charter school, or renaissance school approved to hire individuals who hold limited certificates of eligibility with advanced standing or limited certificates of eligibility shall only hire up to 10 percent of its total teachers pursuant to this act.

d. A school district, charter school, or renaissance school approved to hire individuals who hold limited certificates of eligibility with advanced standing or limited certificates of eligibility shall, during the period of the pilot program established pursuant to section 2 of this act, annually submit a report to the commissioner evaluating the impact of hiring such individuals. The report shall contain the following information:

(1) the number of teachers who were issued a limited certificate of eligibility with advanced standing or a limited certificate of eligibility;

(2) the subject areas in which the individuals teach and the courses they teach;

(3) how the hiring of individuals who were issued the limited certificates has impacted the district's or school's demographic disparity between its student population and teachers as well as the effect the hiring of those individuals has had on the district's or school's ability to fill teacher vacancies;

(4) student achievement data for students taught by the teachers who were issued the limited certificates, as determined by the commissioner; and

(5) any other information the commissioner deems necessary.

e. The commissioner shall, during the period of the pilot program established pursuant to section 2 of this act, annually submit to the State Board of Education a report summarizing the information submitted by school districts, charter schools, and renaissance schools pursuant to subsection d. of this section.

##### **§ 18A:26-2g** Receipt of standard instructional certificate, requirements. {#sec-18a-26-2g omnilex-key=us-nj-statutes--title-18a--18A:26-2g}

6. Notwithstanding the provisions of any law, rule, or regulation related to the evaluation of a provisional teacher for a standard instructional certificate to the contrary, an individual who is issued a limited certificate of eligibility with advanced standing pursuant to section 3 of this act or a limited certificate of eligibility pursuant to section 4 of this act, is hired by a school district, charter school, or renaissance school approved to hire such an individual pursuant to section 5 of this act, and is teaching in the district or school under a provisional instructional certificate, shall earn a standard instructional certificate upon receipt of at least two summative evaluation ratings of effective or highly effective earned within three consecutive years of teaching. This requirement shall be in addition to all other requirements for a standard instructional certificate established pursuant to State Board of Education regulations.

##### **§ 18A:26-2h** Rules, regulations. {#sec-18a-26-2h omnilex-key=us-nj-statutes--title-18a--18A:26-2h}

7. 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.), necessary to effectuate the purposes of this act.

##### **§ 18A:26-2.1** Certification for director of athletics {#sec-18a-26-2.1 omnilex-key=us-nj-statutes--title-18a--18A:26-2.1}

To be eligible for appointment as the director of athletics in any public secondary school an applicant shall possess a supervisory certificate issued by the State Board of Examiners.

##### **§ 18A:26-2.2** Current director of athletics, continuance of employment {#sec-18a-26-2.2 omnilex-key=us-nj-statutes--title-18a--18A:26-2.2}

Notwithstanding the provisions of section 1 of this act, any individual who possesses a New Jersey teacher's certificate and who is employed as a director of athletics in a public high school prior to the effective date of this act may continue to be so employed.

##### **§ 18A:26-2.3** Rules, regulations relative to certification of swimming teachers in public schools. {#sec-18a-26-2.3 omnilex-key=us-nj-statutes--title-18a--18A:26-2.3}

1. The State Board of Education, in consultation with the Commissioner of Health and Senior Services, shall promulgate rules and regulations to provide for the certification of persons employed by boards of education to teach swimming in the public schools. The regulations adopted by the State board shall include requirements to ensure that candidates for certification have the appropriate swimming and first aid skills necessary to protect the health and safety of students.

##### **§ 18A:26-2.4** Certification required for appointment as school athletic trainer; exceptions {#sec-18a-26-2.4 omnilex-key=us-nj-statutes--title-18a--18A:26-2.4}

4. To be eligible for appointment by a board of education as a school athletic trainer in any public school, an applicant shall possess an educational services certificate issued by the State Board of Examiners.

Notwithstanding the provisions of this section, any person who is employed as a school athletic trainer in a public school prior to the effective date of P.L.1999, c.87 (C.18A:26-2.4 et al.) may continue to be so employed pursuant to the provisions of N.J.S.18A:28-4.

##### **§ 18A:26-2.5** Rules relative to athletic trainer licensure {#sec-18a-26-2.5 omnilex-key=us-nj-statutes--title-18a--18A:26-2.5}

5. The State Board of Education shall promulgate rules pursuant to the "Administrative Procedure Act," P.L. 1968, c.410 (C.52:14B-1 et seq.) setting forth the certification and endorsement requirements of a school athletic trainer which shall include, but need not be limited to, the satisfactory completion of the requirements established by the State Board of Medical Examiners for licensure as an athletic trainer pursuant to P.L.1984, c.203 (C.45:9-37.35 et seq.).

##### **§ 18A:26-2.6** Instructional certificate; technology education endorsement; industrial arts endorsement {#sec-18a-26-2.6 omnilex-key=us-nj-statutes--title-18a--18A:26-2.6}

1. a. The State Board of Education shall authorize a technology education endorsement to the instructional certificate. The endorsement shall authorize the holder to teach technology education in all public schools. Technology education shall include content which is aligned to the core curriculum content standards and which reflects the standards for technology literacy published by the International Technology Education Association.

b. The State board shall issue an endorsement for industrial arts after the effective date of this act.

This endorsement shall authorize the holder to teach industrial arts which includes: graphic arts, drafting, woodworking, metal working, arts and power mechanics.

c. Teachers holding an industrial arts endorsement prior to the effective date of this act and who are employed in a school district teaching technology education or courses as described in subsection a. of this section prior to that date or who have passed the Educational Testing Service Praxis test in technology education or any other test of subject matter knowledge designated by the State board shall, upon application to the State Board of Examiners, be issued a technology education endorsement. A teacher issued a technology education endorsement pursuant to this subsection shall have all of his service teaching technology education or courses as described in subsection a. of this section under the industrial arts endorsement credited toward tenure and seniority as if rendered under the technology education endorsement.

d. Nothing in this act shall be construed to preclude an individual from holding both a technology education endorsement and an endorsement for industrial arts.

##### **§ 18A:26-2.7** Rules {#sec-18a-26-2.7 omnilex-key=us-nj-statutes--title-18a--18A:26-2.7}

2. The State Board of Education shall promulgate rules pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this act, including the development of the requirements for the technology education endorsement which shall be aligned with the core curriculum content standards.

##### **§ 18A:26-2.8** Instruction in autism, developmental disabilities awareness, teaching methods, required for N.J. instructional certificate. {#sec-18a-26-2.8 omnilex-key=us-nj-statutes--title-18a--18A:26-2.8}

1. Beginning with the 2008-2009 school year, a regionally-accredited institution of higher education offering coursework for a New Jersey instructional certificate shall incorporate the recommendations developed by the Commissioner of Education pursuant to section 2 of this act on instruction in autism and other developmental disabilities awareness and methods of teaching students with autism and other developmental disabilities into existing course curriculum.

##### **§ 18A:26-2.9** Recommendations for autism, developmental disabilities awareness instruction, teaching methods. {#sec-18a-26-2.9 omnilex-key=us-nj-statutes--title-18a--18A:26-2.9}

2. a. The Commissioner of Education shall develop recommendations for autism and other developmental disabilities awareness instruction and methods of teaching students with autism and other developmental disabilities for teacher preparation programs in accordance with section 1 of this act and shall submit the recommendations to the State Board of Education. In developing the recommendations, the commissioner shall consult with the Commissioner of Health and Senior Services, representatives from entities that promote awareness about autism and other developmental disabilities and provide programs and services to people with autism and other developmental disabilities, including, but not limited to Autism Speaks, The Autism Center of New Jersey Medical School at Rutgers, The State University, and The New Jersey Center for Outreach and Services for the Autism Community, and representatives of the education community, including, but not limited to the New Jersey Education Association, the New Jersey School Boards Association, the New Jersey Principals and Supervisors Association, and the New Jersey Professional Teaching Standards Board.

b. The Commissioner of Education shall develop recommendations to incorporate autism and other developmental disabilities awareness instruction and methods of teaching students with autism and other developmental disabilities for teacher and paraprofessional in-service and other training programs, where appropriate, and shall submit the recommendations to the State board. In developing the recommendations, the commissioner shall consult with the Commissioner of Health and Senior Services, representatives from entities that promote awareness about autism and other developmental disabilities and provide programs and services to people with autism and other developmental disabilities, including, but not limited to Autism Speaks, The Autism Center of New Jersey Medical School at Rutgers, The State University, and The New Jersey Center for Outreach and Services for the Autism Community, and representatives of the education community, including, but not limited to the New Jersey Education Association, the New Jersey School Boards Association, the New Jersey Principals and Supervisors Association, and the New Jersey Professional Teaching Standards Board.

c. The recommendations developed by the commissioner pursuant to subsections a. and b. of this section shall address the following:

(1) characteristics of students with autism and other developmental disabilities;

(2) curriculum planning, curricular and instructional modifications, adaptations, and specialized strategies and techniques;

(3) assistive technology; and

(4) inclusive educational practices, including collaborative partnerships.

##### **§ 18A:26-2.10** Regulations. {#sec-18a-26-2.10 omnilex-key=us-nj-statutes--title-18a--18A:26-2.10}

3. The State Board of Education, based upon the recommendations developed by the Commissioner of Education pursuant to section 2 of this act, shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to implement the provisions of this act.

##### **§ 18A:26-2.11** Findings, declarations relative to shortages of mathematics, science teachers. {#sec-18a-26-2.11 omnilex-key=us-nj-statutes--title-18a--18A:26-2.11}

1. The Legislature finds and declares that:

a. Economic development focused on twenty-first century skills in areas related to mathematics and the sciences is critically important to the future of the State; and

b. Documented shortages of mathematics and science teachers exist in New Jersey and this shortage will negatively impact the State's efforts to provide a workforce well prepared in such fields as engineering, research, and computer technology.

##### **§ 18A:26-2.12** Program to issue subject area endorsements in certain areas. {#sec-18a-26-2.12 omnilex-key=us-nj-statutes--title-18a--18A:26-2.12}

2. a. In accordance with the provisions of subsection b. of this section, the Commissioner of Education shall establish a program to issue subject area endorsements in mathematics, in the sciences, or in any subject area in which there is a shortage of teachers in the State as determined by the United States Department of Education, to certificated teaching staff members authorized to work in New Jersey public schools who do not currently have a subject area endorsement in those fields. The purpose of the program shall be to reduce the shortage of teachers in mathematics, science, and other identified subject areas.

b. Under the program, and notwithstanding any provision of law or regulation to the contrary, the State Board of Examiners shall issue a subject area endorsement in mathematics, in the sciences, or in any subject area in which there is a teacher shortage in the State as determined by the United States Department of Education, as appropriate, upon successful completion of the program to a teaching staff member who:

(1) passes the appropriate State test of subject matter knowledge; and

(2) meets such other criteria as the commissioner shall set forth in regulation. The commissioner shall have the authority under the program to establish different criteria for completion of the program based on factors such as the subject area in which the individual intends to teach.

c. The program shall be subject to oversight by the commissioner, including routine reviews and the elimination of subject areas for which endorsements are available under the program. The elimination of a subject area shall be based on the classroom performance of the teachers who have received endorsements in the subject area under the program or the fact that the subject area no longer has a shortage of teachers.

##### **§ 18A:26-2.13** Rules, regulations. {#sec-18a-26-2.13 omnilex-key=us-nj-statutes--title-18a--18A:26-2.13}

3. Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) or any other law to the contrary, the commissioner may adopt, immediately upon filing with the Office of Administrative Law, such rules and regulations as the commissioner deems necessary to implement the provisions of this act which shall be effective for a period not to exceed 12 months following the effective date of P.L.2012, c.11 (C.18A:26-2.11 et seq.). 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.).

##### **§ 18A:26-2.14** Teaching certification for certain military spouses. {#sec-18a-26-2.14 omnilex-key=us-nj-statutes--title-18a--18A:26-2.14}

1. a. As used in this section, "nonresident military spouse" means a person (1) whose spouse is an active duty member of the Armed Forces of the United States who is the subject of a military transfer to New Jersey, and (2) who has left employment in another state to accompany such spouse to New Jersey.

b. Notwithstanding any other provision of law to the contrary, the State Board of Education shall establish a procedure for the issuance of a temporary instructional certificate to a nonresident military spouse that authorizes a board of education to employ the nonresident military spouse as a teacher if, at the time of application, the nonresident military spouse:

(1) Holds a valid and current license or certificate to teach issued by another state for which there is an equivalent and currently-issued New Jersey grade level or subject endorsement;

(2) Demonstrates competency in teaching in a manner determined by the State Board of Examiners, such as having taught successfully under the out-of-State license or certificate for at least three years, as documented by a letter of experience from a past supervisor or authorized district representative; having met the New Jersey grade point average requirement for an instructional certificate under State Board of Education regulations; or having completed continuing education units; and

(3) Pays any applicable fees required by the State Board of Examiners.

c. A temporary instructional certificate issued under this section shall be valid for 180 days and may be extended at the discretion of the State Board of Examiners for another 180 days on application of the holder of the temporary instructional certificate. The temporary instructional certificate shall authorize the nonresident military spouse to be employed as a teacher by a board of education on a temporary basis while completing any specific additional requirements for an instructional certificate in New Jersey that were not required in the other state in which the nonresident military spouse holds a license or certificate to teach.

d. Nothing in this section shall be construed to prohibit a nonresident military spouse from obtaining a New Jersey certificate of eligibility, certificate of eligibility with advanced standing, or standard certificate under State Board of Education regulations, including the regulation for interstate reciprocity.

e. The State Board of Education shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this section.

##### **§ 18A:26-2.15** Programming to improve student career readiness. {#sec-18a-26-2.15 omnilex-key=us-nj-statutes--title-18a--18A:26-2.15}

1. a. Beginning with the 2015-2016 school year, a regionally-accredited institution of higher education offering a teacher preparation program for a New Jersey instructional certificate shall incorporate programming, which is curricula encompassing coursework or practical and clinical studies, or a combination thereof, to improve student career readiness. The programming shall include, but need not be limited to, employability skills, career awareness, and understanding career and technical education.

b. Beginning with the 2015-2016 school year, the preparation program for any person seeking an instructional certificate through the State's alternate route program shall include programming to improve student career readiness. The programming shall include, but need not be limited to, employability skills, career awareness, and understanding career and technical education.

##### **§ 18A:26-2.16** Eligibility for standard educational services certificate with school counselor endorsement. {#sec-18a-26-2.16 omnilex-key=us-nj-statutes--title-18a--18A:26-2.16}

2. Beginning with the 2015-2016 school year, in order to be eligible for the standard educational services certificate with a school counselor endorsement, a candidate shall satisfactorily complete programming to improve student career readiness. The programming shall include, but need not be limited to, employability skills, career awareness, and understanding career and technical education.

##### **§ 18A:26-2.17** Rules, regulations. {#sec-18a-26-2.17 omnilex-key=us-nj-statutes--title-18a--18A:26-2.17}

3. The State Board of Education shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this act.

##### **§ 18A:26-2.17a** School counseling program, standard educational services certificate requirements. {#sec-18a-26-2.17a omnilex-key=us-nj-statutes--title-18a--18A:26-2.17a}

5. In addition to any other requirements adopted by the State Board of Education for school counseling programs, the State board shall require that a school counseling program at an accredited college or university leading to a standard educational services certificate with a school counselor endorsement incorporate the following:

a. the American School Counselor Association’s national model for comprehensive school counseling programs or a State-approved model; and

b. training in the delivery of social and emotional learning programming as well as postsecondary and career planning.

##### **§ 18A:26-2.18** Teacher leader endorsement. {#sec-18a-26-2.18 omnilex-key=us-nj-statutes--title-18a--18A:26-2.18}

1. The State Board of Education shall authorize a teacher leader endorsement to the instructional certificate. To be eligible for the teacher leader endorsement an applicant shall complete a program of study with an approved provider for the teacher leader endorsement.

##### **§ 18A:26-2.19** Teacher Leader Endorsement Advisory Board. {#sec-18a-26-2.19 omnilex-key=us-nj-statutes--title-18a--18A:26-2.19}

2. a. There shall be established an 11-member Teacher Leader Endorsement Advisory Board in the Department of Education. The members of the advisory board shall be appointed by the Commissioner of Education as follows: one officer or employee of the department; four members upon the recommendation of the New Jersey Education Association; one member upon the recommendation of the American Federation of Teachers-New Jersey; two members upon the recommendation of the New Jersey Principals and Supervisors Association; one member upon the recommendation of the New Jersey Association of School Administrators; one member upon the recommendation of the New Jersey School Boards Association; and one member upon the recommendation of the New Jersey Association of Colleges for Teacher Education.

b. Members of the advisory board, other than the member who is an officer or employee of the department, shall serve for a three-year term; except that of the initial appointees, the member appointed upon the recommendation of the New Jersey Association of Colleges for Teacher Education, one of the members appointed upon the recommendation of the New Jersey Principals and Supervisors Association, and one of the members appointed upon the recommendation of the New Jersey Education Association shall serve for a term of three years; the members appointed upon the recommendation of the American Federation of Teachers-New Jersey and the New Jersey Association of School Administrators, and one of the members appointed upon the recommendation of the New Jersey Education Association shall serve for a term of two years; and the member appointed upon the recommendation of the New Jersey School Boards Association, one of the members appointed upon the recommendation of the New Jersey Principals and Supervisors Association, and two of the members appointed upon the recommendation of the New Jersey Education Association shall serve for a term of one year.

c. The advisory board shall organize no later than two months following the effective date of P.L.2015, c.111 (C.18A:26-2.18 et seq.), and shall elect a chair and a vice-chair from among its members.

d. The advisory board shall, no later than six months following its organization, or as it deems necessary, make recommendations to the Commissioner of Education and the State Board of Education regarding the requirements to be eligible to receive the teacher leader endorsement and the program of study for the teacher leader endorsement. The recommendations shall be aligned with the teacher leader model standards set forth in subsection f. of this section. The recommendations regarding the program of study may include, but need not be limited to, field experiences and additional coursework acquired beyond the standards.

e. The advisory board shall meet at least monthly until it makes its initial recommendations to the commissioner and the State board regarding the requirements to be eligible to receive the teacher leader endorsement and the program of study for the teacher leader endorsement. The advisory board shall continue to meet as necessary to make recommendations regarding necessary adjustments to the program of study for the teacher leader endorsement, assess outcomes associated with the various providers of the programs of study for the teacher leader endorsement, and consider emergent research and best practices in teacher leadership.

f. Pursuant to the teacher leader model standards, a teacher with the teacher leader endorsement shall be prepared to:

(1) Foster a collaborative culture to support educator development and student learning, which shall include understanding the principles of adult learning and how to develop a collaborative culture of collective responsibility;

(2) Support collaborative team structures, including professional learning communities, and promote an environment of trust, respect, and collegiality to advance continuous improvement in instruction and student learning;

(3) Access and use research to improve practices and student learning, which shall include understanding how to use research, and how to model and facilitate with colleagues systematic inquiry and research use as a critical component of teachers' ongoing learning and development in improving teaching and learning;

(4) Promote professional learning for continuous improvement, which shall include understanding the evolving nature of teaching and learning, understanding established and emerging technologies and the school community, and sharing this knowledge with colleagues to promote, design, and facilitate job-embedded professional learning aligned with school improvement goals;

(5) Facilitate improvements in instruction and student learning, which shall include demonstrating and using a thorough understanding of the teaching and learning processes to advance the professional skills of colleagues by being a continuous learner, modeling reflective practice based on student needs, and coaching or working collaboratively with colleagues to ensure that instructional practices are aligned to a shared mission, vision, and goals;

(6) Promote the use of assessments and data for school and district improvement, which shall include being knowledgeable about research on current classroom- and school-based design and selection of appropriate formative and summative assessment methods, sharing that knowledge, and collaborating with colleagues in using assessments and other data to make informed decisions regarding student learning and in influencing school improvement practices, district improvement practices, or both;

(7) Improve outreach and collaboration with families and community, which shall include understanding the significant impact that families, cultures, and communities have on educational processes and student learning and working with colleagues to promote ongoing systematic collaboration with families, community members, business and community leaders, and other stakeholders to improve the educational system and expand student learning opportunities to support cultures of student success; and

(8) Advocate for student learning and the teaching and education profession.

g. No later than five years following the effective date of P.L.2015, c.111 (C.18A:26-2.18 et seq.), the advisory board shall evaluate programmatic and other data collected from the approved providers pursuant to subsection c. of section 3 of P.L.2015, c.111 (C.18A:26-2.20), and make recommendations to the State board regarding non-supervisory roles and responsibilities for which a teacher leader endorsement should be required.

##### **§ 18A:26-2.20** Application to offer program of study for the teacher leader endorsement. {#sec-18a-26-2.20 omnilex-key=us-nj-statutes--title-18a--18A:26-2.20}

3. a. An institution of higher education, an educational organization, or other non-profit entity, or a combination thereof, may apply to the Department of Education to offer a program of study for the teacher leader endorsement.

b. The Commissioner of Education shall approve programs of study that meet the standards adopted by the State Board of Education pursuant to section 5 of P.L.2015, c.111 (C.18A:26-2.22).

The commissioner shall consider the recommendations of the Teacher Leader Endorsement Advisory Board.

c. Any data collected from the approved providers of the program of study shall be provided to the Teacher Leader Endorsement Advisory Board to support the board's work. The data collection shall protect individuals' privacy, and notwithstanding the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.), the data shall not be accessible to the public.

##### **§ 18A:26-2.21** Construction of act. {#sec-18a-26-2.21 omnilex-key=us-nj-statutes--title-18a--18A:26-2.21}

4. Nothing in this act shall be construed to limit the right to determine any additional compensation and release time for the responsibilities of a teacher with a teacher leader endorsement, in addition to any other terms and conditions of employment related to these teachers, through collective negotiations.

##### **§ 18A:26-2.22** Rules, regulations. {#sec-18a-26-2.22 omnilex-key=us-nj-statutes--title-18a--18A:26-2.22}

5. The State Board of Education shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B -1 et seq.), to:

a. Set standards for the program of study for the teacher leader endorsement; and

b. Set standards for the approval of providers of programs of study for the teacher leader endorsement.

##### **§ 18A:26-2.23** Special education requirements for instructional certificate. {#sec-18a-26-2.23 omnilex-key=us-nj-statutes--title-18a--18A:26-2.23}

1. In addition to any other requirements adopted by the State Board of Education for teacher preparation programs, the State board shall require that the preparation program for an instructional certificate include a minimum of the equivalent of 6 semester credit hours of classroom instruction, clinical experience, including student internships, or a combination thereof, in special education.

##### **§ 18A:26-2.24** Credit hours in autism spectrum disorder required. {#sec-18a-26-2.24 omnilex-key=us-nj-statutes--title-18a--18A:26-2.24}

2. In addition to any other requirements adopted by the State Board of Education for teacher preparation programs, the State Board of Education shall require that the preparation program for an instructional certificate with a teacher of students with disabilities endorsement shall include credit hours in autism spectrum disorder and comprehensive evidence-based instructional practices to address the educational strengths and needs of students with autism.

##### **§ 18A:26-2.25** Rules, regulations. {#sec-18a-26-2.25 omnilex-key=us-nj-statutes--title-18a--18A:26-2.25}

3. The State Board of Education shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the rules and regulations necessary to carry out the provisions of this act.

##### **§ 18A:26-2.26** Computer science education endorsement to the instructional certificate. {#sec-18a-26-2.26 omnilex-key=us-nj-statutes--title-18a--18A:26-2.26}

1. a. The State Board of Education shall authorize a computer science education endorsement to the instructional certificate. The endorsement shall authorize the holder to teach computer science in all public schools, and shall be required to teach computer science in grades 9 through 12 beginning at such time as the State board determines that there is a sufficient number of teachers holding the computer science education endorsement to make the requirement feasible.

b. The standards established by the State board shall require a candidate for the endorsement to hold an instructional certificate with at least one other teaching endorsement and provide documentation that the candidate has completed the computer science related coursework requirements determined by the State board up to a maximum of 15 credits.

c. A candidate who can document proficient experience teaching computer science for the equivalent of two school years within the last four years prior to such time as the State board determines to require a computer science education endorsement to teach computer science in grades 9 through 12, as defined by the State board, may be granted the endorsement described in subsection a. of this section upon payment of the required fee.

##### **§ 18A:26-2.27** Rules, regulations. {#sec-18a-26-2.27 omnilex-key=us-nj-statutes--title-18a--18A:26-2.27}

2. The State Board of Education shall adopt pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the rules and regulations necessary to carry out the provisions of this act.

##### **§ 18A:26-2.28** Health and physical education endorsement. {#sec-18a-26-2.28 omnilex-key=us-nj-statutes--title-18a--18A:26-2.28}

1. a. In addition to any other eligibility requirements prescribed by the State Board of Education, in order to be appointed by a board of education to teach health and physical education in grades kindergarten through six, a person shall possess a health and physical education endorsement to the instructional certificate.

b. In addition to any other eligibility requirements prescribed by the State Board of Education, in order to be appointed by a board of education to teach physical education in grades kindergarten through six, a person shall possess a physical education endorsement to the instructional certificate.

c. In addition to any other eligibility requirements prescribed by the State Board of Education, in order to be appointed by a board of education to teach health in grades kindergarten through six, a person shall possess a health endorsement to the instructional certificate or a school nurse endorsement to the educational services certificate.

d. The provisions of subsections a., b., and c. of this section shall not be applicable to a person who teaches SDA district kindergarten students pursuant to a contract between the SDA district and a licensed child care center or other provider.

As used in this subsection, "SDA district" means an SDA district as defined in section 3 of P.L.2000, c.72 (C.18A:7G-3).

e. Notwithstanding the provisions of this section to the contrary, a person who holds an elementary school endorsement to the instructional certificate prior to the effective date of this act, may be appointed by a board of education to teach health and physical education, physical education, or health in grades kindergarten through six, in accordance with any other requirements established by the State board.

##### **§ 18A:26-2.29** Criteria for employment of substitute teacher. {#sec-18a-26-2.29 omnilex-key=us-nj-statutes--title-18a--18A:26-2.29}

1. a. Notwithstanding any law, rule, or regulation to the contrary, a candidate for a substitute teacher credential who is enrolled in a regionally accredited institution of higher education and who is applying between the effective date of this act and June 30, 2023 shall present a minimum of 30 semester-hour credits completed at the institution at the time of applying for the substitute credential. A candidate applying for a substitute teacher credential under this section shall be at least 20 years of age. Nothing in this section shall be construed to restrict school districts from establishing additional criteria for the employment of substitute teachers under this section.

b. It shall be the duty of the Commissioner of Education to examine issues and develop recommendations as to whether the timeline established pursuant to subsection a. of this section should be extended to continue allowing candidates for substitute teaching credentials to present a minimum of 30 semester-hour credits completed at the time of applying for the substitute credential. The commissioner shall issue a final report of findings and recommendations to the Governor, to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and to the State Board of Education no later than one year after the application period expires on June 30, 2023.

##### **§ 18A:26-2.30** Alternate route program and certification for grades 7 to 12 at early college high school program. {#sec-18a-26-2.30 omnilex-key=us-nj-statutes--title-18a--18A:26-2.30}

1. a. The State Board of Education shall authorize an alternate route to expedite the certification of persons who are qualified by education and experience to teach grades seven through 12 at an early college high school program and shall exempt the candidate from the requirements governing a Certificate of Eligibility set forth in State Board of Education regulations. The alternate route shall consist of a three-tiered certificate program. The standards established by the State board shall include at a minimum:

(1) for receipt of an early college high school certificate of eligibility, the candidate shall:

(a) Hold an advanced degree from a regionally accredited college or university in a field related to the subject area to be taught, as determined by the State board;

(b) Have experience teaching students at any grade level, including postsecondary students; and

(c) Pass the appropriate State test of subject-matter knowledge.

(2) for receipt of an early college high school provisional certificate, the candidate shall provide proof that an early college high school intends to employ the candidate in a teaching position.

(3) for receipt of an early college high school standard certificate, the candidate shall successfully complete at least four school years of teaching at the early college high school.

b. The certification provided pursuant to this section may be used only for employment at an early college high school and shall not satisfy the requirements for employment in any other public school.

c. Nothing herein shall be construed to preclude a teacher with an instructional certificate with an appropriate instructional endorsement issued by the State Board of Examiners from teaching at an early college high school program.

d. As used in this section, "early college high school program" means a partnership between a school district and an institution of higher education that allows participants to simultaneously complete requirements toward earning a State-endorsed high school diploma and have the opportunity to earn credits that are transferable to the institution of higher education in the partnership as part of an organized course of study toward a postsecondary degree at no cost to the participant or participant's family.

##### **§ 18A:26-2.31** Mandatory culturally responsive teaching training for certification. {#sec-18a-26-2.31 omnilex-key=us-nj-statutes--title-18a--18A:26-2.31}

1. a. Beginning with the 2022-2023 school year, all candidates for teaching certification who have completed an educator preparation program at a commissioner-approved educator preparation program provider shall have satisfactorily completed a course or training on culturally responsive teaching.

b. All commissioner-approved educator preparation program providers shall review and update their educator preparation programs to implement the requirements of this section and submit the revisions to the Department of Education for approval.

c. As used in this section, "culturally responsive teaching" means a pedagogy that recognizes the importance of including students' cultural references in all aspects of learning, and which uses research-based teaching strategies that make meaningful connections between what students learn in school and their cultures, languages, and experiences.

2021, c.311.

##### **§ 18A:26-2.32** Paraprofessional educator preparation pathway. {#sec-18a-26-2.32 omnilex-key=us-nj-statutes--title-18a--18A:26-2.32}

1. a. The State Board of Education shall authorize a paraprofessional educator preparation pathway to expedite the teacher certification of persons who are employed to work in a school district as a paraprofessional or an instructional assistant pursuing a certificate of eligibility with advanced standing in a specific endorsement area.

b. The Commissioner of Education shall develop recommendations for the paraprofessional educator preparation pathway authorized pursuant to subsection a. of this section and shall submit the recommendations to the State Board of Education. In developing the recommendations, the commissioner shall consult with representatives of the education community including, but not limited to, the New Jersey Education Association, the New Jersey School Boards Association, the New Jersey Principals and Supervisors Association, the New Jersey Association of School Administrators, the New Jersey Public Charter Schools Association, the American Federation of Teachers New Jersey, the New Jersey Association of Colleges for Teacher Education, the Association of Schools and Agencies for the Handicapped (ASAH), and the State Professional Learning Committee.

c. In addition to any other requirements established by the State Board of Education, the pathway authorized pursuant to subsection a. of this section shall include the following:

(1) a candidate's direct classroom service while employed in a school district as a paraprofessional or instructional assistant, which shall meet the clinical practice requirements for the certificate of eligibility with advanced standing in the endorsement area they are pursuing, provided that the candidate is currently employed to work in a school district as a paraprofessional or instructional assistant and is providing direct classroom service, including tutoring, under the supervision of a mentor cooperating teacher who is teaching in the endorsement area being sought by the paraprofessional. Under these conditions, the direct classroom service shall earn the candidate full credit, if appropriate towards the clinical practice requirements found in N.J.A.C. 6A:9A et seq.;

(2) a requirement that the school district in which the candidate is currently authorized to work as a paraprofessional or instructional assistant make every reasonable effort to place the candidate in a classroom setting in the endorsement area the paraprofessional is seeking and with a certified educator who meets the requirements for a cooperating teacher at N.J.A.C. 6A:9A-4.4, so the paraprofessional may perform any required student teaching in the school district while, if possible, continuing employment as a paraprofessional or an instructional assistant; and

(3) allow educator preparation program providers to submit for approval by the Department of Education, preparation programs specifically for the paraprofessional educator preparation pathway.

##### **§ 18A:26-3** City school district examiners {#sec-18a-26-3 omnilex-key=us-nj-statutes--title-18a--18A:26-3}

In each city school district there may be established by the board of education a district board of examiners consisting of the commissioner, ex officio, the superintendent of schools of the district, if there be one, and such persons having the necessary qualifications as the board of education shall appoint.

##### **§ 18A:26-4** Qualifications of city district examiners {#sec-18a-26-4 omnilex-key=us-nj-statutes--title-18a--18A:26-4}

No person shall be appointed to a district board of examiners unless he holds a state certificate or the highest grade certificate issued in the district or is a graduate of a college or university.

##### **§ 18A:26-5** Certificates granted by city district examiners {#sec-18a-26-5 omnilex-key=us-nj-statutes--title-18a--18A:26-5}

A district board of examiners shall, under such rules as the state board shall prescribe, and under such additional rules as may be prescribed by the board of education of the district, issue certificates to teach, which shall be valid for all schools of the district.

##### **§ 18A:26-6** Certificates required for employment of teaching staff members in districts having city district examiners {#sec-18a-26-6 omnilex-key=us-nj-statutes--title-18a--18A:26-6}

No teaching staff member shall be employed in any of the schools of a district having a district board of examiners unless he shall be issued a certificate by said board and holds an appropriate certificate issued by the state board of examiners or the county superintendent of schools of the county.

##### **§ 18A:26-7** Certificate fee {#sec-18a-26-7 omnilex-key=us-nj-statutes--title-18a--18A:26-7}

A fee of such sum as shall be fixed by the state board, but not less than $5.00, shall be paid for the issuance of each certificate.

##### **§ 18A:26-8.1** Issuance of teacher's certificate to noncitizen {#sec-18a-26-8.1 omnilex-key=us-nj-statutes--title-18a--18A:26-8.1}

a. The State Board of Examiners may, with the approval of the commissioner, issue a teacher's certificate to teach in the public schools to any citizen of any other country who has declared his intention of becoming a United States citizen and who is otherwise qualified, but any such certificate may be revoked by the State Board of Examiners if the board is satisfied that the holder thereof has abandoned his efforts to become a United States citizen, or has become disqualified for citizenship, or shall not have become a United States citizen, within five years of the date of its issuance.

b. A declaration of intention to become a United States citizen shall not be required of a teacher from a foreign country who is enrolled with an approved international agency which operates a teacher placement program or teacher exchange program in order for the teacher to obtain any necessary certification to teach in the public schools.

##### **§ 18A:26-8.2** "School leader" defined; training as part of professional development. {#sec-18a-26-8.2 omnilex-key=us-nj-statutes--title-18a--18A:26-8.2}

13. a. As used in this section, "school leader" means a school district staff member who holds a position that requires the possession of a chief school administrator, principal, or supervisor endorsement.

b. A school leader shall complete training on issues of school ethics, school law, and school governance as part of the professional development for school leaders required pursuant to State Board of Education regulations. Information on the prevention of harassment, intimidation, and bullying shall also be included in the training. The training shall be offered through a collaborative training model as identified by the Commissioner of Education, in consultation with the State Advisory Committee on Professional Development for School Leaders.

##### **§ 18A:26-9** Oath of allegiance and office; executed, etc., prerequisite to issuance of certificate {#sec-18a-26-9 omnilex-key=us-nj-statutes--title-18a--18A:26-9}

No certificate to teach or supervise in any of the public schools of this state, and no renewal of any such certificate, shall be issued to any applicant unless such applicant shall have first subscribed in duplicate to the oath of allegiance and office prescribed in section 41:1-3 of the Revised Statutes before an officer authorized by law to administer oaths or before a county superintendent or the president or secretary of a board of education of this state and until one copy thereof shall have been filed with the county superintendent and by him transmitted to the commissioner. The other copy of such oath shall be delivered to the applicant and by him to the board, body or person employing such applicant within this state.

##### **§ 18A:26-10** Suspension of certificate for wrongful cessation of performance of duties; "approved private school for the disabled" defined. {#sec-18a-26-10 omnilex-key=us-nj-statutes--title-18a--18A:26-10}

Any teaching staff member employed by a board of education or an approved private school for the disabled, who shall, without the consent of the board or, in the case of an approved private school for the disabled, the board of directors of the school, cease to perform his duties before the expiration of the term of his employment, shall be deemed guilty of unprofessional conduct, and the commissioner may, upon receiving notice thereof, suspend his certificate for a period not exceeding one year.

As used in this section, "approved private school for the disabled" means a private entity approved by the Department of Education to provide special education and related services to students with disabilities who have been placed by the district board of education or charter school responsible for providing their education.

##### **§ 18A:26-11** Interstate agreement on qualification of educational personnel; enactment {#sec-18a-26-11 omnilex-key=us-nj-statutes--title-18a--18A:26-11}

The interstate agreement on qualification of educational personnel contained herein is hereby enacted into law and entered into with all other jurisdictions legally joining therein in substantially the same form, to apply to all teaching staff members who must meet requirements of certification pursuant to section 1 of chapter 1 and sections 1 and 2 of chapter 26 of Title 18A of the New Jersey Statutes.

##### **§ 18A:26-12** Declaration of policy; purpose of agreement; findings {#sec-18a-26-12 omnilex-key=us-nj-statutes--title-18a--18A:26-12}

1. The States party to this agreement, desiring by common action to improve their respective school systems by utilizing the teacher or other professional educational person wherever educated, declare that it is the policy of each of them, on the basis of co-operation with one another, to take advantage of the preparation and experience of such persons wherever gained, thereby serving the best interests of society, of education, and of the teaching profession. It is the purpose of this agreement to provide for the development and execution of such programs of co-operation as will facilitate the movement of teachers and other professional educational personnel among the States party to it, and to authorize specific interstate educational personnel contracts to achieve that end.

2. The party States find that included in the large movement of population among all sections of the Nation are many qualified educational personnel who move for family and other personal reasons but who are hindered in using their professional skill and experience in their new locations. Variations from State to State in requirements for qualifying educational personnel discourage such personnel from taking the steps necessary to qualify in other States. As a consequence, a significant number of professionally prepared and experienced educators is lost to our school systems. Facilitating the employment of qualified educational personnel, without reference to their States of origin, can increase the available educational resources. Participation in this compact can increase the availability of educational manpower.

##### **§ 18A:26-13** Definitions {#sec-18a-26-13 omnilex-key=us-nj-statutes--title-18a--18A:26-13}

As used in this agreement and contracts made pursuant to it, unless the context clearly requires otherwise:

(a) "Educational personnel" means persons who must meet requirements pursuant to State law as condition of employment in educational programs.

(b) "Designated State official" means the education official of a State selected by that State to negotiate and enter into, on behalf of his State, contracts pursuant to this agreement.

(c) "Accept," or any variant thereof, means to recognize and give effect to one or more determinations of another State relating to the qualifications of educational personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving State.

(d) "State" means a State, territory, or possession of the United States; the District of Columbia; or the Commonwealth of Puerto Rico.

(e) "Originating State" means a State (and the subdivision thereof, if any) whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to Article III.

(f) "Receiving State" means a State (and the subdivisions thereof) which accept educational personnel in accordance with the terms of a contract made pursuant to Article III.

##### **§ 18A:26-14** Contracts for acceptance of personnel; provisions; term; annual report {#sec-18a-26-14 omnilex-key=us-nj-statutes--title-18a--18A:26-14}

1. The designated State official of a party State may make one or more contracts on behalf of his State with one or more other party States providing for the acceptance of educational personnel. Any such contract for the period of its duration shall be applicable to and binding on the States whose designated State officials enter into it, and the subdivisions of those States, with the same force and effect as if incorporated in this agreement. A designated State official may enter into a contract pursuant to this article only with States in which he finds that there are programs of education, certification standards or other acceptable qualifications that assure preparation or qualification of educational personnel on a basis sufficiently comparable, even though not identical to that prevailing in his own State.

2. Any such contract shall provide for:

(a) Its duration.

(b) The criteria to be applied by an originating State in qualifying educational personnel for acceptance by a receiving State.

(c) Such waiver, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract without sacrifice of basic educational standards.

(d) Any other necessary matters.

3. No contract made pursuant to this agreement shall be for a term longer than 5 years but any such contract may be renewed for like or lesser periods.

4. Any contract acceptance by a receiving State of educational personnel on the basis of the completion by educational personnel of a program of educational preparation shall specify the earliest date or dates on which originating State approval of the program or programs involved can have occurred. No contract made pursuant to this agreement shall require acceptance by a receiving State of any persons qualified because of successful completion of a program prior to January 1, 1954.

5. The certification or other acceptance of a person who has been accepted pursuant to the terms of a contract entered into pursuant to this agreement shall not be revoked or otherwise impaired because the contract has expired or been terminated; provided, however, that any receiving State may revoke or suspend any certificate or other qualifying document on any ground which would be sufficient for revocation or suspension of a certificate or other qualifying document initially granted or approved in the receiving State.

6. A contract committee composed of the designated State officials of the contracting States or their representatives shall keep the contract under continuous review, study means of improving its administration, and report no less frequently than once a year to the appropriate education agencies of the contracting States.

##### **§ 18A:26-15** Educational preparation programs {#sec-18a-26-15 omnilex-key=us-nj-statutes--title-18a--18A:26-15}

1. Nothing contained in this agreement shall be construed to repeal or otherwise modify any law or regulation of a party State relating to the approval of programs of educational preparation having effect solely on the qualification of educational personnel within that State.

2. To the extent that contracts made pursuant to this agreement deal with the educational requirements for the proper qualification of educational personnel, acceptance of a program of educational preparation shall be in accordance with such procedures and requirements as may be provided in the applicable contract.

##### **§ 18A:26-16** Multilateral contracts; co-operation of States {#sec-18a-26-16 omnilex-key=us-nj-statutes--title-18a--18A:26-16}

1. The party States agree that they will, so far as practicable, prefer the making of multilateral contracts pursuant to Article III of this agreement.

2. The party States agree that they will facilitate and strengthen co-operation in interstate certification and other elements of educational personnel qualification and for this purpose shall co-operate with agencies, organizations, and associations interested in certification and other factors relevant to the qualifications of educational personnel.

##### **§ 18A:26-17** Evaluation of progress; recommendations {#sec-18a-26-17 omnilex-key=us-nj-statutes--title-18a--18A:26-17}

The designated State officials of any party States may meet from time to time as a group to evaluate progress under the agreement, and to formulate recommendations for changes.

##### **§ 18A:26-18** Other arrangements or practices {#sec-18a-26-18 omnilex-key=us-nj-statutes--title-18a--18A:26-18}

Nothing contained in this agreement shall be construed to prevent or inhibit other arrangements or practices of any party State or States to facilitate the interchange of educational personnel.

##### **§ 18A:26-19** Effective date; withdrawal {#sec-18a-26-19 omnilex-key=us-nj-statutes--title-18a--18A:26-19}

1. This agreement shall become effective when enacted into law by 2 States. Thereafter it shall become effective as to any State upon its enactment of this agreement.

2. Any party State may withdraw from this agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until 1 year after the Governor of the withdrawing State has given notice in writing of the withdrawal to the Governors of all other party States.

3. No withdrawal shall relieve the withdrawing State of any obligation imposed upon it by a contract to which it is a party. The duration of contracts and the methods and conditions of withdrawal therefrom shall be those specified in their terms.

##### **§ 18A:26-20** Liberal construction; severability of provisions {#sec-18a-26-20 omnilex-key=us-nj-statutes--title-18a--18A:26-20}

This agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any State or of the United States, or the application thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement or any provision thereof shall be held contrary to the constitution of any State participating therein, the agreement shall remain in full force and effect with respect to the State affected as to all severable matters.

##### **§ 18A:26-21** Designated state official {#sec-18a-26-21 omnilex-key=us-nj-statutes--title-18a--18A:26-21}

The "designated State official" for this State shall be the Secretary of the State Board of Examiners. The designated State official shall enter into contracts pursuant to Article III of the agreement only with the approval of the specific text thereof by the State Board of Education upon recommendation by the State Board of Examiners and the Commissioner of Education.

##### **§ 18A:26-22** Copies of contracts; filing; publication {#sec-18a-26-22 omnilex-key=us-nj-statutes--title-18a--18A:26-22}

True copies of all contracts made on behalf of this State pursuant to the agreement shall be kept on file in the office of the Secretary of the State Board of Examiners and in the office of the Secretary of State. The State Department of Education shall publicize all such contracts in the New Jersey Register.

##### **§ 18A:26-23** Short title {#sec-18a-26-23 omnilex-key=us-nj-statutes--title-18a--18A:26-23}

This act shall be known and may be cited as the Interstate Transfer of Teacher Credentials Act.

##### **§ 18A:26-24** Course or training for prospective teachers relative to child abuse. {#sec-18a-26-24 omnilex-key=us-nj-statutes--title-18a--18A:26-24}

1. a. Beginning with the 2020-2021 school year, all candidates for teaching certification who have completed an educator preparation program at a commissioner-approved educator preparation program provider shall have satisfactorily completed a course or training that includes the recognition of, and the requirement to report, child abuse including sexual abuse.

b. All commissioner-approved educator preparation program providers shall review and update their educator preparation programs to implement the requirements of this section and submit the revisions to the Department of Education for approval.

##### **§ 18A:26-25** Alternate Route Interstate Reciprocity Pilot Program. {#sec-18a-26-25 omnilex-key=us-nj-statutes--title-18a--18A:26-25}

1. The Department of Education shall establish a five-year Alternate Route Interstate Reciprocity Pilot Program. The department shall:

a. following two complete years of program implementation, publish a progress report on the success of the program up to that point in time; and

b. establish criteria for participating New Jersey Certificate of Eligibility educator preparation programs. The selected educator preparation programs shall:

(1) accept an out-of-state candidate who meets the requirements of section 3 of this act;

(2) accept a candidate's earned credits from a prior educator preparation program for any participating out-of-state candidate who has not yet completed their educator preparation program; and

(3) provide the department with ongoing data regarding the progress and success of all participating candidates and any candidate data necessary for a comparative progress report.

##### **§ 18A:26-26** Issuance of instructional certificate of eligibility. {#sec-18a-26-26 omnilex-key=us-nj-statutes--title-18a--18A:26-26}

2. For the purposes of the Alternate Route Interstate Reciprocity Pilot Program established pursuant to section 1 of this act, the State Board of Examiners shall issue an instructional certificate of eligibility to an out-of-State candidate who:

a. holds the equivalent of a valid certificate of eligibility or a valid provisional certificate issued by another state in a subject or grade level also offered in New Jersey;

b. has passed a subject-matter test to receive the candidate's out-of-State endorsement or passed the appropriate New Jersey subject-matter test;

c. has passed a performance assessment that is approved by the state in which the certificate was issued, or, if the out-of-State candidate did not take or pass a state-approved performance assessment, the candidate shall be issued an instructional certificate of eligibility but shall pass a New Jersey approved performance assessment prior to the issuance of a standard instructional certificate;

d. has at least one year of effective teaching experience as documented by a letter from the candidate's former supervisor, principal, or employing school district's human resource officer; and

e. has been in good standing during the candidate's teaching experience under the out-of-State certificate as documented in such manner as determined by the State Board of Education.

##### **§ 18A:26-27** Requirements for out-of-State candidate. {#sec-18a-26-27 omnilex-key=us-nj-statutes--title-18a--18A:26-27}

3. If the out-of-State candidate has not completed an approved educator preparation program the candidate shall enroll in a New Jersey approved educator preparation program and complete any remaining college credits or coursework prior to the issuance of a standard instructional certificate.

##### **§ 18A:26-28** Eligibility for standard certificate. {#sec-18a-26-28 omnilex-key=us-nj-statutes--title-18a--18A:26-28}

4. A certificate of eligibility for an out-of-State candidate who is enrolled in the pilot program and who meets all other requirements for issuance of a standard certificate pursuant to State Board of Education regulations shall be eligible for a standard certificate. A certificate of eligibility candidate who successfully completes the pilot program may apply for up to one year of effective teaching experience earned out-of-State, as documented by a letter from the candidate's former supervisor, principal, or employing school district's human resource officer, to satisfy the requirement that the candidate earn at least two summative evaluation ratings within three consecutive years of teaching.

##### **§ 18A:26-29** Report at conclusion of pilot program. {#sec-18a-26-29 omnilex-key=us-nj-statutes--title-18a--18A:26-29}

5. At the conclusion of the five-year pilot program, the Department of Education shall submit a report evaluating the effectiveness of the pilot program to the Governor, the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and the State Board of Education. The report shall include an analysis of the impact of the pilot program and shall include the department's recommendation on the feasibility of continuing the program.

##### **§ 18A:26-30** Report to the Department of Education, first-time, overall test pass rates, instructional certificate. {#sec-18a-26-30 omnilex-key=us-nj-statutes--title-18a--18A:26-30}

1. a. Each educator preparation program shall annually report to the Department of Education on the first-time and overall test pass rates of candidates for an instructional certificate, for each test required for instructional certification.

b. Each educator preparation program shall annually publish the first-time and overall test pass rates of its students on its website.

c. Each educator preparation program shall annually disseminate information to its students on the availability of fee waivers for tests required for instructional certification.

d. Each educator preparation program shall include in its tuition and fees bill an optional lab fee that a student may opt to pay and which shall be applied towards the cost of the student completing the tests required for instructional certification.

e. As used in this act, a "test required for instructional certification" means Praxis Core tests, or their successor tests, and Praxis Subject Assessments, or their successor tests.

##### **§ 18A:26-31** Annual compilation of test pass rates. {#sec-18a-26-31 omnilex-key=us-nj-statutes--title-18a--18A:26-31}

2. The department shall annually compile the test pass rates of candidates for an instructional certificate submitted pursuant to subsection a. of section 1 of this act into a comparative profile of all educator preparation programs. The profile shall be made available for public inspection on the department's website.

##### **§ 18A:26-32** Test pass rates required for educator preparation program review. {#sec-18a-26-32 omnilex-key=us-nj-statutes--title-18a--18A:26-32}

3. The test pass rates submitted to the department pursuant to subsection a. of section 1 of this act shall be included within the documentation required for the Commissioner of Education's periodic review of educator preparation programs.

##### **§ 18A:26-33** Test fee waivers for low-income students. {#sec-18a-26-33 omnilex-key=us-nj-statutes--title-18a--18A:26-33}

4. Any policy or contract entered into after the effective date of P.L.2021, c.393 (C.18A:26-30 et seq.) by the State, or any political subdivision thereof, regarding a test required for instructional certification shall provide for the dissemination of fee waivers to low-income students.

As used in this section:

"Annual adjusted gross income" means:

(1) for a dependent student, the annual adjusted gross income of the student's parent or legal guardian, as reported on the student's Free Application for Federal Student Aid or other financial aid form; and

(2) for an independent student, the annual adjusted gross income of the student and, if applicable, the spouse of the student, as reported on the student's Free Application for Federal Student Aid or other financial aid form, and

"Low-income student" means a student with an annual adjusted gross income of $65,000 or less.

##### **§ 18A:26-34** Exemption from basic reading, writing, mathematics test; definitions. {#sec-18a-26-34 omnilex-key=us-nj-statutes--title-18a--18A:26-34}

1. a. (1) Notwithstanding any law, rule, or regulation to the contrary, the State Board of Education shall not require a candidate for or the holder of a certificate of eligibility in a career and technical education endorsement or a certificate of eligibility with advance standing in a career and technical education endorsement to complete a Commissioner-approved test of basic reading, writing, and mathematics skills in order to obtain a standard certificate, including, but not limited to, the Praxis Core Academic Skills for Educators test, if the candidate can demonstrate proficiency in the use of English language and mathematics through an alternate measure.

(2) Notwithstanding any law, rule, or regulation to the contrary, the State Board of Education shall not require a candidate for a certificate of eligibility in a career and technical education endorsement to complete an educator preparation program which exceeds 200 hours of instruction or one academic year.

b. As used in this section:

"Alternate measure" means any demonstration of basic skills proficiency, other than a test, that is approved by the Department of Education, including, but not limited to: a portfolio of work products as approved by the superintendent of a candidate's employing school district, obtainment of an occupational license or certification, or an industry certificate or registration.

"Certificate of eligibility" means a certificate with lifetime validity issued by the State Board of Examiners to candidates who meet degree, academic, and applicable test requirements for teacher certification.

"Certificate of eligibility with advanced standing" means a certificate with lifetime validity issued by the State Board of Examiners to candidates who meet degree, academic, and test requirements for teacher certification and complete an educator preparation program.

##### **§ 18A:26-34.4** Commissioner of Education-approved test, basic skills, requirement, instructional certificate, admission, prohibited; exceptions. {#sec-18a-26-34.4 omnilex-key=us-nj-statutes--title-18a--18A:26-34.4}

1. a. Notwithstanding P.L.2021, c.420 (C.18A:26-34), or any other law, rule, or regulation to the contrary, the State Board of Education shall not require a candidate seeking any instructional certificate, except in the case of a limited certificate of eligibility or a limited certificate of eligibility with advanced standing established pursuant to P.L. 2021, c. 224 (C.18A:26-2b et seq.), to complete a Commissioner of Education-approved test of basic reading, writing, and mathematics skills including, but not limited to, the Praxis Core Academic Skills for Educators test, in order to obtain an instructional certificate.

b. Notwithstanding any law, rule, or regulation to the contrary, the State Board of Education shall be prohibited from requiring a commissioner-approved educator preparation program to require the completion of a commissioner-approved test of basic reading, writing, and mathematics skills including, but not limited to, the Praxis Core Academic Skills for Educators test, as a condition for admission.

##### **§ 18A:26-35** Performance-based assessment, condition of eligibility, certificate of eligibility, prohibited. {#sec-18a-26-35 omnilex-key=us-nj-statutes--title-18a--18A:26-35}

1. a. Notwithstanding any law, rule, or regulation to the contrary, the State Board of Education shall not require a candidate for a certificate of eligibility with advanced standing or a certificate of eligibility to complete a Commissioner of Education approved performance-based assessment, including, but not limited to, the edTPA, as a condition of eligibility for a certificate of eligibility with advanced standing, a certificate of eligibility, or a standard certificate. An educator preparation program shall require candidates to complete a performance-based assessment approved by the educator preparation program, embedded within the educator preparation program, beginning with candidates who will complete their educator preparation program in the Spring of 2024.

b. Notwithstanding any provision of this section or of any law, rule, or regulation to the contrary, a person who earned a certificate of eligibility with advanced standing or a certificate of eligibility during the 2019-2020, 2020-2021, or 2021-2022 school years, and who was unable to complete a Commissioner of Education approved performance-based assessment due to abrupt changes in teaching placements or modalities, asynchronous virtual learning environments, school district policies, or other restrictions or disruptions caused by the COVID-19 public health emergency, shall be exempt from the requirement to complete a performance-based assessment as a condition of earning a standard certificate, verified in a manner determined by the commissioner.

c. As used in this section:

"Certificate of eligibility" means an instructional certificate with lifetime validity issued by the State Board of Examiners to candidates who meet degree, academic, and applicable test requirements for teacher certification.

"Certificate of eligibility with advanced standing" means an instructional certificate with lifetime validity issued by the State Board of Examiners to candidates who meet degree, academic, and test requirements for teacher certification and complete an educator preparation program.

"Performance-based assessment" means a multi-measure assessment process where candidates demonstrate the pedagogical knowledge and skills identified in the New Jersey Professional Standards for Teachers and their content knowledge and skill in teaching to the New Jersey Learning Standards in the grade band and subject area of a certificate sought.

"Standard certificate" means a permanent instructional certificate issued by the State Board of Examiners to persons who meet all instructional certificate requirements.

d. The State Board of Education shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the provisions of this act.

##### **§ 18A:26-36** Restriction, semester-hour credits, educator preparation program, accredited county college, meeting teacher certification requirements, prohibited; definition. {#sec-18a-26-36 omnilex-key=us-nj-statutes--title-18a--18A:26-36}

1. a. Notwithstanding any other provision of law to the contrary, a Commissioner-approved educator preparation program shall not restrict the number of semester-hour credits of professional education coursework completed at an accredited county college that may be accepted toward meeting the requirements for teacher certification, except as may be otherwise required by the program's accrediting organization.

b. As used in this section, "professional education coursework" means coursework required to obtain teacher certification, including courses in child development, language development, curriculum development, and methods of instruction.

##### **§ 18A:26-37** State Board of Education, regulation, policy restricting semester-hour credits, accredited county college, meeting teacher certification requirements, prohibited; definition. {#sec-18a-26-37 omnilex-key=us-nj-statutes--title-18a--18A:26-37}

2. a. The State Board of Education shall not adopt any regulation or policy which restricts the number of semester-hour credits of professional education coursework completed at an accredited county college that may be accepted toward meeting the requirements for teacher certification, provided that the credits are accepted by a Commissioner-approved educator preparation program.

b. As used in this section, "professional education coursework" means coursework required to obtain teacher certification, including courses in child development, language development, curriculum development, and methods of instruction.

## **Chapter 27** {#struct-chapter-27}

##### **§ 18A:27-1** Appointment of teaching staff members; vote required {#sec-18a-27-1 omnilex-key=us-nj-statutes--title-18a--18A:27-1}

No teaching staff member shall be appointed, except by a recorded roll call majority vote of the full membership of the board of education appointing him.

##### **§ 18A:27-2** Employment without certificate prohibited {#sec-18a-27-2 omnilex-key=us-nj-statutes--title-18a--18A:27-2}

Any contract or engagement of any teaching staff member, shall cease and determine whenever the employing board of education shall ascertain by written notice received from the county or city superintendent of schools, or in any other manner, that such person is not, or has ceased to be, the holder of an appropriate certificate required by this title for such employment, notwithstanding that the term of such employment shall not then have expired.

##### **§ 18A:27-2.1** Employment without certification; utilization of institution not chartered as institution of higher education {#sec-18a-27-2.1 omnilex-key=us-nj-statutes--title-18a--18A:27-2.1}

A local board of education or county board of vocational education may, upon approval by the State Board of Education, employ as an instructor or administrator an individual who has special training in a particular subject matter field as evidenced by appropriate credentials or licensure and waive the certification requirements generally required of employees of such boards when the individual will be exclusively teaching or administering post-secondary degree or certificate courses and programs authorized under section 7 of P.L.1968, c. 180 (C. 18A:64B-11). Nothing contained herein shall diminish or otherwise affect the eligibility of any such instructor or administrator for tenure under any provision of this Title.

##### **§ 18A:27-2.2** Employment of teachers from foreign countries under certain conditions {#sec-18a-27-2.2 omnilex-key=us-nj-statutes--title-18a--18A:27-2.2}

3. a. A board of education may employ a teacher from a foreign country who is enrolled with an approved international agency which operates a teacher placement program in a subject area in which the State Board of Education has determined there is a contemporaneous critical shortage of certified teachers. Prior to the employment of a teacher from a teacher placement program in a subject area of critical shortage, the board of education shall first make a good faith effort to employ a State certified teacher and shall document its inability to hire an appropriately certified teacher with the Department of Education.

b. A board of education may employ a teacher from a foreign country who is enrolled with an approved international agency which operates a teacher exchange program, permitting a teacher from a foreign country to directly substitute for the services of a permanently employed State certified teacher.

##### **§ 18A:27-2.3** Authorization for employment of teachers from foreign countries, requirements for certification {#sec-18a-27-2.3 omnilex-key=us-nj-statutes--title-18a--18A:27-2.3}

4. a. A teacher from a foreign country shall be authorized to teach in the United States under an international teacher placement program or a teacher exchange program as authorized by any federal law, and shall be certified in accordance with the provisions of subsection b. of this section to teach for a period of no more than three years.

b. In order for a teacher from a foreign country to be certified under this section, the teacher shall:

(1) meet the eligibility requirements for a provisional instructional certificate or possess equivalent qualifications as determined by the State Board of Education; and

(2) demonstrate the ability to speak, read and write the English language fluently, in accordance with criteria established by the State Board of Education.

c. A teacher from a foreign country employed pursuant to this act shall be deemed to be an employee of the public school district, and as such shall be eligible to become a member of the bargaining unit defined in the applicable agreement with the public school district.

##### **§ 18A:27-3** Employment for school year {#sec-18a-27-3 omnilex-key=us-nj-statutes--title-18a--18A:27-3}

Teaching staff members may be employed and their salaries fixed and determined, under contracts, by a board of education for the period from July 1 of the year in which such board shall organize to the succeeding June 30, notwithstanding that the fiscal year of the district or of the municipality in which it is located is the calendar year.

##### **§ 18A:27-3.1** Evaluation of nontenured teaching staff {#sec-18a-27-3.1 omnilex-key=us-nj-statutes--title-18a--18A:27-3.1}

1. Every board of education in this State shall cause each nontenure teaching staff member employed by it to be observed and evaluated in the performance of her or his duties at least three times during each school year but not less than once during each semester. Said evaluations are to take place before April 30 each year. The evaluations may cover that period between April 30 of one year and April 30 of the succeeding year excepting in the case of the first year of employment where the three evaluations must have been completed prior to April 30. The number of required observations and evaluations may be reduced proportionately when an individual teaching staff member's term of service is less than one academic year. Each evaluation shall be followed by a conference between that teaching staff member and his or her superior or superiors. The purpose of this procedure is to recommend as to reemployment, identify any deficiencies, extend assistance for their correction and improve professional competence.

##### **§ 18A:27-3.2** Teaching staff member; notice of termination; statement of reasons; request; written answer {#sec-18a-27-3.2 omnilex-key=us-nj-statutes--title-18a--18A:27-3.2}

Any teaching staff member receiving notice that a teaching contract for the succeeding school year will not be offered may, within 15 days thereafter, request in writing a statement of the reasons for such nonemployment which shall be given to the teaching staff member in writing within 30 days after the receipt of such request.

##### **§ 18A:27-3.3** Rules {#sec-18a-27-3.3 omnilex-key=us-nj-statutes--title-18a--18A:27-3.3}

The provisions of this act shall be carried out pursuant to rules established by the State Board of Education.

##### **§ 18A:27-3.4** Inapplicability of act to teaching staff employees and administrative officers of county colleges {#sec-18a-27-3.4 omnilex-key=us-nj-statutes--title-18a--18A:27-3.4}

Notwithstanding the provisions of N.J.S. 18A:64A-13, the provisions of the act hereby supplemented shall be inapplicable to teaching staff employees and administrative officers of county colleges.

##### **§ 18A:27-3.5** Teaching positions of current school year, data submission deadline. {#sec-18a-27-3.5 omnilex-key=us-nj-statutes--title-18a--18A:27-3.5}

1. a. A school district shall annually submit to the Commissioner of Education, no later than October 15, information on teaching positions in the current school year, including the number of vacant teaching positions the number of new teaching positions, the number of teaching positions that were eliminated, and the anticipated number of teacher retirements. The information shall be submitted in a manner to be prescribed by the commissioner.

b. The Executive Leadership Council of the New Jersey Education to Earnings Data System shall define the vacancy data elements to be submitted by school districts pursuant to subsection a. of this section.

##### **§ 18A:27-3.6** Public school teacher retention rates, data submission deadline. {#sec-18a-27-3.6 omnilex-key=us-nj-statutes--title-18a--18A:27-3.6}

2. a. A school district shall annually submit to the Commissioner of Education, no later than September 1, information on public school teacher retention that includes:

(1) the number of teachers who left employment with the district during the prior school year;

(2) the reason why those teachers left employment with the district, including dismissal, non-renewal of a contract, a reduction in force, employment in another school district or a nonpublic school, employment in another field, relocation to another state, or retirement;

(3) the characteristics of the teachers who left the district, including age, sex, race, and tenure status; and

(4) such other information the commissioner deems appropriate.

b. The commissioner shall annually compile the data submitted by school districts pursuant to subsection a. of this section in a report that details the Statewide, county, and district trends in teacher retention and includes any recommendations that the commissioner may have on State actions that may be initiated to improve teacher retention among various demographic groups. The commissioner shall submit the report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).

##### **§ 18A:27-3.7** Teacher workforce projections report. {#sec-18a-27-3.7 omnilex-key=us-nj-statutes--title-18a--18A:27-3.7}

3. a. Within six months of the effective date of this act, the Executive Leadership Council of the New Jersey Education to Earnings Data System shall issue a report on teacher workforce projections for the State for the following two years using data provided by the Department of Education. The department shall provide any data necessary for the report within three months of the effective date of this act.

b. Following the issuance of its initial report pursuant to subsection a. of the section, the Executive Leadership Council of the New Jersey Education to Earnings Data System shall issue by March 1 of each year, a report on teacher workforce projections for the subsequent three to five years. The report shall include, but not be limited to, information on:

(1) the teaching positions, by certification area, in high demand in the State and existing vacancies;

(2) the number of bilingual teachers needed to provide adequate limited English proficiency programming to students in the State;

(3) the number of computer science teachers needed to provide access to computer science coursework to all students in the State;

(4) the classes and programs that may be eliminated within the next three years; and

(5) the areas in which teachers and school leaders should be prepared so that they can ensure students are ready for the future economy.

c. The Executive Leadership Council of the New Jersey Education to Earnings Data System shall report to the Legislature on January 15 and July 15 of each year on the progress of the annual teacher workforce projection report.

##### **§ 18A:27-4** Power of boards of education to make rules governing employment of teacher, etc.; employment thereunder {#sec-18a-27-4 omnilex-key=us-nj-statutes--title-18a--18A:27-4}

Each board of education may make rules, not inconsistent with the provisions of this title, governing the employment, terms and tenure of employment, promotion and dismissal, and salaries and time and mode of payment thereof of teaching staff members for the district, and may from time to time change, amend or repeal the same, and the employment of any person in any such capacity and his rights and duties with respect to such employment shall be dependent upon and governed by the rules in force with reference thereto.

##### **§ 18A:27-4a** Definitions relative to employment of novice teachers; benefits of employment. {#sec-18a-27-4a omnilex-key=us-nj-statutes--title-18a--18A:27-4a}

2. a. As used in this section:

"Certificate of eligibility" means a certificate with lifetime validity issued by the State Board of Examiners to candidates who meet degree, academic, and applicable test requirements for teacher certification;

"Certificate of eligibility with advanced standing" means a certificate with lifetime validity issued by the State Board of Examiners to candidates who meet degree, academic and test requirements for teacher certification and complete a State-approved college professional education preparation program;

"Novice teacher" means any teacher working under a valid certificate of eligibility, certificate of eligibility with advanced standing, or provisional certificate who has not yet been issued a standard instructional certificate;

"Provisional certificate" means a certificate issued by the State Board of Examiners to candidates who hold either a certificate of eligibility or a certificate of eligibility with advanced standing and are employed as part of a State-approved district training program or residency leading to standard certification.

b. A novice teacher employed by a board of education under a valid certificate of eligibility, certificate of eligibility with advanced standing, or a provisional certificate shall be deemed to be a teaching staff member for all purposes and shall be entitled to all benefits and other emoluments of employment provided by law and regulation to teaching staff members. A novice teacher shall also receive the terms and conditions of employment provided to teaching staff members in the employing district under the collective bargaining agreement including, but not limited to, salary, sick leave, and health insurance benefits.

##### **§ 18A:27-4.1** Board of Education, procedure for certain personnel actions; recommendation of chief school administrator {#sec-18a-27-4.1 omnilex-key=us-nj-statutes--title-18a--18A:27-4.1}

1. Notwithstanding the provisions of any law, rule or regulation to the contrary,

a. A board of education shall appoint, transfer or remove a certificated or non-certificated officer or employee only upon the recommendation of the chief school administrator and by a recorded roll call majority vote of the full membership of the board. The board shall not withhold its approval for arbitrary and capricious reasons.

b. A board of education shall renew the employment contract of a certificated or non-certificated officer or employee only upon the recommendation of the chief school administrator and by a recorded roll call majority vote of the full membership of the board. The board shall not withhold its approval for arbitrary and capricious reasons. A nontenured officer or employee who is not recommended for renewal by the chief school administrator shall be deemed nonrenewed. Prior to notifying the officer or employee of the nonrenewal, the chief school administrator shall notify the board of the recommendation not to renew the officer's or employee's contract and the reasons for the recommendation. An officer or employee whose employment contract is not renewed shall have the right to a written statement of reasons for nonrenewal pursuant to section 2 of P.L.1975, c.132 (C.18A:27-3.2) and to an informal appearance before the board. The purpose of the appearance shall be to permit the staff member to convince the members of the board to offer reemployment. The chief school administrator shall notify the officer or employee of the nonrenewal pursuant, where applicable, to the provisions of section 1 of P.L.1971, c.436 (C.18A:27-10).

c. The provisions of this section shall not apply to the appointment, transfer, removal, renewal or nonrenewal of a person who is a treasurer of school moneys, election officer, board auditor, board attorney or board secretary, except a board secretary who performs business administration functions.

##### **§ 18A:27-5** Written contracts of employment required {#sec-18a-27-5 omnilex-key=us-nj-statutes--title-18a--18A:27-5}

Every contract between a board of education which has not made rules governing such employment and any teaching staff member shall be in writing, in triplicate, signed by the president and secretary of the board of education and by such person.

##### **§ 18A:27-6** Contents of contracts {#sec-18a-27-6 omnilex-key=us-nj-statutes--title-18a--18A:27-6}

Each such contract shall specify:

1. The date when the person shall begin such employment;

2. The kind and grade of certificate held by him and the date upon which the certificate will expire;

3. The salary at which he is employed, which shall be payable in equal semimonthly or monthly installments, as the board shall determine, not later than five days after the first and fifteenth day of each month in case of semimonthly installments and not later than five days after the close of the month in the case of monthly installments while the school is in session, a month being construed, unless otherwise specified in the contract, to be 20 school days or four weeks of five school days each; and

4. Such other matters as may be necessary to a full and complete understanding of the contract.

##### **§ 18A:27-7** Contract forms {#sec-18a-27-7 omnilex-key=us-nj-statutes--title-18a--18A:27-7}

The commissioner shall prepare and distribute blank forms for such contracts.

##### **§ 18A:27-8** Filing of contracts {#sec-18a-27-8 omnilex-key=us-nj-statutes--title-18a--18A:27-8}

One copy of each such contract so entered into shall be filed with the board, one copy with the person employed thereunder and one copy with the superintendent of schools if there be one, otherwise with the county superintendent.

##### **§ 18A:27-9** Teaching after notice of termination of contract {#sec-18a-27-9 omnilex-key=us-nj-statutes--title-18a--18A:27-9}

If the employment of a teaching staff member is terminated on notice, pursuant to a contract entered into with the board of education, it shall be optional with the board whether or not the member shall continue to perform his duties during the period between the giving of the notice and the date of termination of employment thereunder.

##### **§ 18A:27-10** Written offer or notice to nontenure teachers {#sec-18a-27-10 omnilex-key=us-nj-statutes--title-18a--18A:27-10}

1. On or before May 15 in each year, each nontenured teaching staff member continuously employed by a board of education since the preceding September 30 shall receive either

a. A written offer of a contract for employment from the board of education for the next succeeding year providing for at least the same terms and conditions of employment but with such increases in salary as may be required by law or policies of the board of education, or

b. A written notice from the chief school administrator that such employment will not be offered.

##### **§ 18A:27-10.1** Findings, declarations relative to teaching paraprofessionals. {#sec-18a-27-10.1 omnilex-key=us-nj-statutes--title-18a--18A:27-10.1}

1. The Legislature finds and declares that as school districts that receive federal funding under Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. s.6301 et seq.) come under greater pressure to meet standards and demonstrate higher student performance, teachers in those districts are being forced to focus more on curriculum and student test preparation. In response to this pressure, the paraprofessionals that assist teachers are assuming greater responsibility for supporting students in the classroom and the school environment. Paraprofessionals perform a critically important role in providing a thorough and efficient education to the State's public school students. It is therefore fitting and proper to establish measures to enhance employment stability and promote professional development for these individuals.

##### **§ 18A:27-10.2** Contract, written notice relative to employment of paraprofessional. {#sec-18a-27-10.2 omnilex-key=us-nj-statutes--title-18a--18A:27-10.2}

2. a. As used in this section, "paraprofessional" means an individual who is employed in a school district as a school aide or classroom aide who assists a teaching staff member with the supervision of pupil activities.

b. On or before May 15 in each year, a paraprofessional continuously employed since the preceding September 30 in a school district that receives funding under Title I of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. s. 6301 et seq.) shall receive either:

(1) a written offer of a contract for employment from the board of education for the next succeeding year providing for at least the same terms and conditions of employment but with such increases in salary as may be required by law or policies of the board of education; or

(2) a written notice from the chief school administrator that employment will not be offered.

##### **§ 18A:27-10.3** Dismissal, reduction in compensation; conditions. {#sec-18a-27-10.3 omnilex-key=us-nj-statutes--title-18a--18A:27-10.3}

3. a. As used in this section, "paraprofessional" means an individual who is employed in a school district as a school aide or classroom aide who assists a teaching staff member with the supervision of pupil activities.

b. A paraprofessional employed in a school district that receives funding under Title I of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. s.6301 et seq.) shall be dismissed or reduced in compensation during the term of a contract only for just cause, and may not be dismissed for arbitrary or capricious reasons. A paraprofessional who is dismissed or reduced in compensation shall receive notice of the basis for the dismissal or reduction in compensation and have an opportunity to be heard.

c. Nothing is this section shall be construed to grant tenure to a paraprofessional, interfere with the provisions of a collective bargaining agreement, or affect any other right or remedy that may be available to a school district or paraprofessional pursuant to law.

##### **§ 18A:27-10.4** Student teaching performed in district of employment. {#sec-18a-27-10.4 omnilex-key=us-nj-statutes--title-18a--18A:27-10.4}

4. a. As used in this section, "paraprofessional" means an individual who is employed in a school district as a school aide or classroom aide who assists a teaching staff member with the supervision of pupil activities.

b. Prior to the beginning of the first full academic year following the enactment of P.L.2009, c.227 (C.18A:27-10.1 et seq.), a regionally-accredited institution of higher education offering coursework for a New Jersey instructional certificate shall adopt policies and procedures to allow a student who is enrolled in a teacher preparation program offered by the institution and who is a paraprofessional employed in a school district that receives funding under Title I of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. s.6301 et seq.) to perform his student teaching experience in the district in which he is employed. The institution shall enter into an agreement with the district in which the paraprofessional is employed to authorize the student teaching.

c. Prior to the beginning of the first full school year following the enactment of P.L.2009, c.227 (C.18A:27-10.1 et seq.), a school district that receives funding under Title I of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. s.6301 et seq.) shall adopt policies and procedures to allow a paraprofessional who is employed by the district and who is enrolled in a teacher preparation program at a regionally-accredited institution of higher education to perform his student teaching experience in the district. The district shall enter into an agreement with the institution of higher education in which the paraprofessional is enrolled to authorize the student teaching experience in the district.

d. A school district that receives funding under Title I of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. s.6301 et seq.) shall provide, if feasible, a paraprofessional who is student teaching in the district pursuant to this section with a modified work schedule that enables the paraprofessional to complete the student teaching experience while employed as a paraprofessional.

##### **§ 18A:27-11** Failure to give timely notice of termination as offer of employment for next succeeding year {#sec-18a-27-11 omnilex-key=us-nj-statutes--title-18a--18A:27-11}

Should any board of education fail to give to any nontenure teaching staff member either an offer of contract for employment for the next succeeding year or a notice that such employment will not be offered, all within the time and in the manner provided by this act, then said board of education shall be deemed to have offered to that teaching staff member continued employment for the next succeeding school year upon the same terms and conditions but with such increases in salary as may be required by law or policies of the board of education.

##### **§ 18A:27-12** Notice of acceptance; deadline {#sec-18a-27-12 omnilex-key=us-nj-statutes--title-18a--18A:27-12}

If the teaching staff member desires to accept such employment he shall notify the board of education of such acceptance, in writing, on or before June 1 in which event such employment shall continue as provided for herein. In the absence of such notice of acceptance the provisions of this article shall no longer be applicable.

##### **§ 18A:27-13** Inapplicability of act to teaching staff employees of county colleges {#sec-18a-27-13 omnilex-key=us-nj-statutes--title-18a--18A:27-13}

Notwithstanding the provisions of N.J.S. 18A:64A-13 the provisions of this act shall not apply to teaching staff employees of county colleges.

## **Chapter 28** {#struct-chapter-28}

##### **§ 18A:28-1** Definition of "position" {#sec-18a-28-1 omnilex-key=us-nj-statutes--title-18a--18A:28-1}

As used in this chapter the word "position" includes any office, position or employment.

##### **§ 18A:28-2** Civil service employees not affected {#sec-18a-28-2 omnilex-key=us-nj-statutes--title-18a--18A:28-2}

No person, who is in the classified service of the civil service of the state pursuant to Title 11, Civil Service, of the Revised Statutes, shall be affected by any provisions of this chapter.

##### **§ 18A:28-3** No tenure for noncitizens {#sec-18a-28-3 omnilex-key=us-nj-statutes--title-18a--18A:28-3}

No teaching staff member shall acquire tenure unless he is, or until he shall become, a citizen of the United States.

##### **§ 18A:28-4** Requirements for certain school personnel to acquire tenure, exceptions {#sec-18a-28-4 omnilex-key=us-nj-statutes--title-18a--18A:28-4}

No teaching staff member shall acquire tenure in any position in the public schools in any school district or under any board of education, who is not the holder of an appropriate certificate for such position, issued by the State Board of Examiners, in full force and effect, except that no board of education shall terminate the employment or refuse to continue the employment or reemployment of

a. any school nurse appointed prior to May 9, 1947 for the reason that such nurse is not the holder of such a certificate and the State Board of Examiners shall make no rule or regulation which will affect adversely the rights of any such nurse under any certificate issued prior to said date; or

b. a school athletic trainer appointed prior to the effective date of P.L.1999, c.87 (C.18A:26-2.4 et al.) for the reason that the school athletic trainer is not the holder of a certificate, provided that the person is registered with or licensed by the New Jersey State Board of Medical Examiners, as applicable, as an athletic trainer. That person shall be issued the new certificate without being required to meet any additional qualifications, and any periods of employment as an athletic trainer prior to the effective date of that act shall count toward the acquisition of tenure to the same extent as employment after the effective date of that act.

##### **§ 18A:28-5** Requirements for tenure. {#sec-18a-28-5 omnilex-key=us-nj-statutes--title-18a--18A:28-5}

a. The services of all teaching staff members employed prior to the effective date of P.L.2012, c.26 (C.18A:6-117 et al.) 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, school athletic trainer 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:

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

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

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

b. The services of all teaching staff members employed on or after the effective date of P.L.2012, c.26 (C.18A:6-117 et al.) in the position 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, school athletic trainer 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:

(1) Four consecutive calendar years; or

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

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

In order to achieve tenure pursuant to this subsection, a teacher shall also complete a district mentorship program during the initial year of employment and receive a rating of effective or highly effective in two annual summative evaluations within the first three years of employment after the initial year of employment in which the teacher completes the district mentorship program. In order to achieve tenure pursuant to this subsection, a principal, assistant principal, and vice-principal shall also receive a rating of effective or highly effective in two annual summative evaluations within the first three years of employment with the first effective rating being received on or after the completion of the second year of employment.

For purposes of this subsection, "effective" or "highly effective" means the employee has received an annual summative evaluation rating of "effective" or "highly effective" based on the performance standards for his position established through the evaluation rubric adopted by the board of education and approved by the commissioner.

c. 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.

##### **§ 18A:28-5.1** Tenure upon transfer to an underperforming school. {#sec-18a-28-5.1 omnilex-key=us-nj-statutes--title-18a--18A:28-5.1}

11. A tenured teaching staff member who has been rated effective or highly effective on his most recent annual summative evaluation, and who accepts employment in the same position in an underperforming school shall be under tenure in that position in the new district during good behavior and efficiency and 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 the employee receives a rating of effective or highly effective in at least one of the annual summative evaluations within the first two years of employment in the new school.

For purposes of this subsection, "effective" or "highly effective" means the employee has received an annual summative evaluation rating of "effective" or "highly effective" based on the performance standards for his position established through the evaluation rubric adopted by the board of education and approved by the commissioner.

As used in this section, "underperforming school" means a school which has been identified by the Department of Education as a "focus school" or a "priority school" for any year within a two-year period.

##### **§ 18A:28-6** Tenure upon transfer or promotion. {#sec-18a-28-6 omnilex-key=us-nj-statutes--title-18a--18A:28-6}

a. Any such teaching staff member under tenure or eligible to obtain tenure under this chapter, who is transferred or promoted with his consent to another position covered by this chapter on or after July 1, 1962, shall not obtain tenure in the new position until after:

(1) the expiration of a period of employment of two consecutive calendar years in the new position unless a shorter period is fixed by the employing board for such purpose; or

(2) employment for two academic years in the new position together with employment in the new position at the beginning of the next succeeding academic year; or

(3) employment in the new position within a period of any three consecutive academic years, for the equivalent of more than two academic years;

provided that the period of employment in such new position shall be included in determining the tenure and seniority rights in the former position held by such teaching staff member, and in the event the employment in such new position is terminated before tenure is obtained therein, if he then has tenure in the district or under said board of education, such teaching staff member shall be returned to his former position at the salary which he would have received had the transfer or promotion not occurred together with any increase to which he would have been entitled during the period of such transfer or promotion.

b. Any such teaching staff member under tenure or eligible to obtain tenure under this chapter, who is transferred or promoted with his consent to another position covered by this chapter on or after the effective date of P.L.2012, c.26 (C.18A:6-117 et al.), shall not obtain tenure in the new position until after:

(1) the expiration of a period of employment of two consecutive calendar years in the new position; or

(2) employment for two academic years in the new position together with employment in the new position at the beginning of the next succeeding academic year; or

(3) employment in the new position within a period of any three consecutive academic years, for the equivalent of more than two academic years;

provided that the period of employment in such new position shall be included in determining the tenure and seniority rights in the former position held by such teaching staff member, and in the event the employment in such new position is terminated before tenure is obtained therein, if he then has tenure in the district or under said board of education, such teaching staff member shall be returned to his former position at the salary which he would have received had the transfer or promotion not occurred together with any increase to which he would have been entitled during the period of such transfer or promotion.

In order to receive tenure pursuant to this subsection, a teacher, principal, assistant principal, and vice-principal shall be evaluated as effective or highly effective in two annual summative evaluations within the first three years of employment in the new position.

For purposes of this subsection, "effective" or "highly effective" means the employee has received an annual summative evaluation rating of "effective" or "highly effective" based on the performance standards for his position established through the evaluation rubric adopted by the board of education and approved by the commissioner.

##### **§ 18A:28-6.1** Tenure upon discontinuance of school {#sec-18a-28-6.1 omnilex-key=us-nj-statutes--title-18a--18A:28-6.1}

Whenever, heretofore or hereafter, any board of education in any school district in this state shall discontinue any high school, junior high school, elementary school or any one or more of the grades from kindergarten through grade 12 in the district and shall, by agreement with another board of education, send the pupils in such schools or grades to such other district, all teaching staff members who are assigned for a majority of their time in such school, grade or grades and who have tenure of office at the time such schools or grades are discontinued shall be employed by the board of education of such other district in the same or nearest equivalent position; provided that any such teaching staff member may elect to remain in the employ of the former district in any position to which he may be entitled by virtue of his tenure and seniority rights by giving notice of said election to the boards of education in each of the school districts at least three months prior to the date on which such school, grade, or grades are to be discontinued. Teaching staff members so employed in such other district shall have their rights to tenure, seniority, pension and accumulated leave of absence, accorded under the laws of this state, recognized and preserved by the board of education of that district. Any periods of prior employment in such sending district shall count toward the acquisition of tenure in the other district to the same extent as if all such prior employment had been in such other district.

##### **§ 18A:28-7** Certain tenure of service and tenure of service rights saved {#sec-18a-28-7 omnilex-key=us-nj-statutes--title-18a--18A:28-7}

Section 4 of "An act concerning education, relating to tenure and seniority of school nurses, and repealing section 18:14-64.1 of the Revised Statutes," approved August 15, 1957 (P.L.1957, c. 181) is saved from repeal. [This section repeals section 18:14-64.1 of the Revised Statutes and provides that the repeal of said section shall not in any manner affect any tenure of service or tenure of service rights held thereunder on the effective date of the act.]

##### **§ 18A:28-8** Notice of intention to resign required {#sec-18a-28-8 omnilex-key=us-nj-statutes--title-18a--18A:28-8}

Any teaching staff member, under tenure of service, desiring to relinquish his position shall give the employing board of education at least 60 days written notice of his intention, unless the board shall approve of a release on shorter notice and if he fails to give such notice he shall be deemed guilty of unprofessional conduct and the commissioner may suspend his certificate for not more than one year.

##### **§ 18A:28-9** Reduction of force; power to reduce and reasons for reduction {#sec-18a-28-9 omnilex-key=us-nj-statutes--title-18a--18A:28-9}

Nothing in this title or any other law relating to tenure of service shall be held to limit the right of any board of education to reduce the number of teaching staff members, employed in the district whenever, in the judgment of the board, it is advisable to abolish any such positions for reasons of economy or because of reduction in the number of pupils or of change in the administrative or supervisory organization of the district or for other good cause upon compliance with the provisions of this article.

##### **§ 18A:28-10** Reasons for dismissals of persons under tenure on account of reduction {#sec-18a-28-10 omnilex-key=us-nj-statutes--title-18a--18A:28-10}

Dismissals resulting from any such reduction shall not be made by reason of residence, age, sex, marriage, race, religion or political affiliation but shall be made on the basis of seniority according to standards to be established by the commissioner with the approval of the state board.

##### **§ 18A:28-11** Seniority; board to determine; notice and advisory opinion {#sec-18a-28-11 omnilex-key=us-nj-statutes--title-18a--18A:28-11}

In the case of any such reduction the board of education shall determine the seniority of the persons affected according to such standards and shall notify each such person as to his seniority status, and the board may request the commissioner for an advisory opinion with respect to the applicability of the standards to particular situations, which request shall be referred to a panel consisting of the county superintendent of the county, the secretary of the state board of examiners and an assistant commissioner of education designated by the commissioner and an advisory opinion shall be furnished by said panel. No determination of such panel shall be binding upon the board of education or any other party in interest or upon the commissioner or the state board if any controversy or dispute arises as a result of such determination and an appeal is taken therefrom pursuant to the provisions of this title.

##### **§ 18A:28-11.1** Credit for military service {#sec-18a-28-11.1 omnilex-key=us-nj-statutes--title-18a--18A:28-11.1}

1. In computing length of service for seniority purposes, every teaching staff member who, after July 1, 1940, has served or hereafter shall serve, in the active military or naval service of the United States or of this State, including active service in the women's army corps, the women's reserve of the naval reserve, or any similar organization authorized by the United States to serve with the army or navy, in time of war or an emergency, or for or during any period of training, or pursuant to or in connection with the operation of any system of selective service, or who was a member of the American Merchant Marine during World War II and is declared by the United States Department of Defense to be eligible for federal veterans' benefits, shall be entitled to receive equivalent years of employment or seniority credit for that service as if the member had been employed for the same period of time in some publicly owned and operated college, school or institution of learning in this or any other state or territory of the United States, except that the period of that service shall not be credited toward more than four years of employment or seniority credit. Any military or naval service shall be credited towards this employment or seniority credit including service that occurred prior to the member's employment as a teaching staff member.

##### **§ 18A:28-12** Reemployment in order of seniority {#sec-18a-28-12 omnilex-key=us-nj-statutes--title-18a--18A:28-12}

If any teaching staff member shall be dismissed as a result of such reduction, such person shall be and remain upon a preferred eligible list in the order of seniority for reemployment whenever a vacancy occurs in a position for which such person shall be qualified and he shall be reemployed by the body causing dismissal, if and when such vacancy occurs and in determining seniority, and in computing length of service for reemployment, full recognition shall be given to previous years of service, and the time of service by any such person in or with the military or naval forces of the United States or of this State, subsequent to September 1, 1940, and the time of service of any member of the American Merchant Marine during World War II who is declared by the United States Department of Defense to be eligible for federal veterans' benefits, shall be credited to him as though he had been regularly employed in such a position within the district during the time of such military or naval service, except that the period of that service shall not be credited toward more than four years of employment or seniority credit.

##### **§ 18A:28-13** Establishment of standards of seniority by commissioner {#sec-18a-28-13 omnilex-key=us-nj-statutes--title-18a--18A:28-13}

The commissioner in establishing such standards shall classify insofar as practicable the fields or categories of administrative, supervisory, teaching or other educational services and the fields or categories of school nursing services which are being performed in the school districts of this state and may, in his discretion, determine seniority upon the basis of years of service and experience within such fields or categories of service as well as in the school system as a whole, or both.

##### **§ 18A:28-14** Teaching staff members not certified; not protected; exception {#sec-18a-28-14 omnilex-key=us-nj-statutes--title-18a--18A:28-14}

The services of any teaching staff member who is not the holder of an appropriate certificate, in full force and effect, issued by the state board of examiners under rules and regulations prescribed by the state board of education may be terminated without charge or trial, except that any school nurse appointed prior to May 9, 1947 shall be protected in her position as is provided in section 18A:28-4 of this title.

##### **§ 18A:28-15** Effect of change of government of district on tenure {#sec-18a-28-15 omnilex-key=us-nj-statutes--title-18a--18A:28-15}

No teaching staff member in the public schools shall be in any manner affected, in relation to his tenure of service or tenure of service rights, heretofore obtained or hereafter to be obtained, under this or any other law, because of any change in the method of government of the school district or school districts by which he was employed on the date of such change, or by reason of any change of name or title of the position, so held by him on said date, resulting from any such change of government, but he shall continue in said position by its original or changed name or title, as the case may be, with the same tenure of service and the same tenure of service rights which he would have had if such change in the method of government had not occurred.

##### **§ 18A:28-16** Operation of certain schools by State agencies; sick leave; tenure, pension rights of staff members {#sec-18a-28-16 omnilex-key=us-nj-statutes--title-18a--18A:28-16}

1. Whenever an Educational Services Commission, a Jointure Commission, the Commissioner of Education, the State Board of Education, the board of trustees of any State college, or any officer, board or commission under his, its or their authority shall undertake the operation of any school previously operated by a school district in this State, all accumulated sick leave, tenure and pension rights of all teaching staff members in said school shall be recognized and preserved by the agency assuming operational control of the school, and any periods of prior employment in such school district shall count toward the acquisition of tenure to the same extent as if all of such employment had been under the Educational Services Commission, Jointure Commission, the Commissioner of Education, the State Board of Education, or the board of trustees of any State college, as the case may be.

##### **§ 18A:28-17** Operation of certain schools by local school districts; sick leave; tenure, pension rights of teaching staff members {#sec-18a-28-17 omnilex-key=us-nj-statutes--title-18a--18A:28-17}

2. Whenever the local board of education of any school district in this State shall undertake the operation of any school previously operated by an Educational Services Commission, a Jointure Commission, the Commissioner of Education, the State Board of Education, the board of trustees of any State college, or any officer, board or commission under his, its or their authority, all accumulated sick leave, tenure and pension rights of all teaching staff members in said school, shall be recognized and preserved by the board assuming operational control of the school, and any periods of prior employment, by said Educational Services Commission, Jointure Commission, Commissioner of Education, State Board of Education or board of trustees of any State college, or any officer, board or commission under his, its or their authority, shall count toward the acquisition of tenure to the same extent as if all of such employment had been in such school district.

##### **§ 18A:28-18** Compliance with certain notice requirements {#sec-18a-28-18 omnilex-key=us-nj-statutes--title-18a--18A:28-18}

3. For the academic year following any transfer of operational control under section 1 or section 2 of P.L.1973, c.267 (C.18A:28-16 and 18A:28-17), both the local school board and the Educational Services Commission, Jointure Commission, Commissioner of Education, State Board of Education, or the board of trustees of a State college, as the case may be, shall comply with the notice requirements of P.L.1971, c.436 (C.18A:27-10 et seq.), to the same extent as if each had been the employer of all teaching staff members of the school in question during the academic year preceding the transfer of operational control.

## **Chapter 29** {#struct-chapter-29}

##### **§ 18A:29-1** Uncertified teacher denied salary {#sec-18a-29-1 omnilex-key=us-nj-statutes--title-18a--18A:29-1}

No teaching staff member shall be entitled to any salary unless he is the holder of an appropriate certificate.

##### **§ 18A:29-2** Equality of compensation for male and female teachers {#sec-18a-29-2 omnilex-key=us-nj-statutes--title-18a--18A:29-2}

Female teaching staff members in the public schools shall be paid compensation equal to that paid to male members holding similar positions and employments and having similar training and terms of service.

##### **§ 18A:29-3** Summer payment plans; continuance of plan to raise funds {#sec-18a-29-3 omnilex-key=us-nj-statutes--title-18a--18A:29-3}

Whenever persons employed for an academic year by a board of education shall indicate in writing their desire to participate in a summer payment plan, and such board of education approves such participation, then, and thereupon, the proper disbursing officer of the board of education, under such rules as may be promulgated by the commissioner with the approval of the State board, is hereby empowered and directed to deduct and withhold an amount equal to 10% of each semimonthly or monthly salary installment, from the payments of the salaries made to such employees as shall participate in such plan and the accumulated deductions for any academic year shall be paid to the employee or his estate under such rules as may be established by the board of education in one of the following ways: (1) at the end of the academic year; (2) in one or more installments after the end of the academic year but prior to September 1; (3) upon death or termination of employment if earlier. Such deductions may be deposited by the board of education in an interest bearing account in any financial institution having its principal office in the State of New Jersey.

Any board of education which had in effect, prior to January 1, 1980, any payment plan which permitted funds to be raised in the next fiscal year is hereby authorized to continue to raise funds in this manner.

##### **§ 18A:29-4** Withholding salary for failure to perform duties. {#sec-18a-29-4 omnilex-key=us-nj-statutes--title-18a--18A:29-4}

The commissioner shall direct the board secretary or treasurer of school moneys, as appropriate, of any district to withhold the salary of any teaching staff member of the district who shall neglect or refuse to perform any duty imposed upon him by law or by the rules of the State board until the receipt of notice from the commissioner that such teacher has performed the duty.

##### **§ 18A:29-4.1** Salary policy schedules. {#sec-18a-29-4.1 omnilex-key=us-nj-statutes--title-18a--18A:29-4.1}

A board of education of any district may adopt a one, two, three, four, or five year salary policy, including salary schedules for all full-time teaching staff members which shall not be less than those required by law. The policy and schedules shall be binding upon the adopting board and upon all future boards in the same district for a period of one, two, three, four, or five years from the effective date of the policy but shall not prohibit the payment of salaries higher than those required by the policy or schedules nor the subsequent adoption of policies or schedules providing for higher salaries, increments or adjustments.

Every school budget adopted, certified or approved by the board, the voters of the district, the board of school estimate, the governing body of the municipality or municipalities, or the commissioner, as the case may be, shall contain such amounts as may be necessary to fully implement the policy and schedules for that budget year.

##### **§ 18A:29-4.2** Payment of school nurse according to teachers' salary guide {#sec-18a-29-4.2 omnilex-key=us-nj-statutes--title-18a--18A:29-4.2}

Any teaching staff member employed as a school nurse and holding a standard school nurse certificate shall be paid according to the provisions of the teachers' salary guide in effect in that school district including the full use of the same experience steps and training levels that apply to teachers.

##### **§ 18A:29-4.3** Teaching staff members with full-time supervisory or administrative responsibilities; salary schedule {#sec-18a-29-4.3 omnilex-key=us-nj-statutes--title-18a--18A:29-4.3}

The board of education of every school district employing one or more teaching staff members having full-time supervisory or administrative responsibilities shall adopt salary schedules for each school year that begins after the effective date of this act for all such members, except that for a superintendent of schools the board may adopt a salary schedule. Such salary schedules shall be subject to the provisions of N.J.S. 18A:29-4.1. Nothing contained in this section of the act shall authorize a board to pay an amount of salary less than the amount such member would be entitled to under any other law. The schedules adopted pursuant to this section shall be filed with the Commissioner of Education within 30 days after the adoption of each such schedule and the adoption of each subsequent revision of each schedule.

##### **§ 18A:29-5** $18,500 minimum salary {#sec-18a-29-5 omnilex-key=us-nj-statutes--title-18a--18A:29-5}

The minimum salary of a full-time teaching staff member in any school district or educational services commission who is certified by the local board of education or the board of directors of the educational services commission as performing his duties in an acceptable manner for the previous academic year pursuant to N.J.A. C. 6:3-1.19 and 6:3-1.21 and who is not employed as a substitute on a day-to-day basis shall be $18,500.00 for an academic year and a proportionate amount for less than an academic year.

For the purpose of this amendatory and supplementary act, "full-time" means the number of days of employment in each week and the period of time in each day required by regulations of the State board to qualify a person as a full-time teaching staff member.

In addition this minimum salary shall apply to all new full-time teaching staff members hired for the 1985-86 academic year and thereafter.

##### **§ 18A:29-5.1** Short title {#sec-18a-29-5.1 omnilex-key=us-nj-statutes--title-18a--18A:29-5.1}

This act shall be known and may be cited as the "Teacher Quality Employment Act."

L. 1985, c. 321, s. 1, eff. Sept. 9, 1985, operative Sept. 9, 1985.

##### **§ 18A:29-5.2** Findings, declarations {#sec-18a-29-5.2 omnilex-key=us-nj-statutes--title-18a--18A:29-5.2}

The Legislature finds and declares that:

a. Attracting and retaining the most able individuals to the profession of teaching is critical to the future welfare of our State and our citizens.

b. The starting salary levels for new teachers have fallen significantly behind the starting salaries paid to other recent college graduates.

c. A competitive starting teacher salary is an additional means of attracting and retaining outstanding individuals in the teaching profession.

##### **§ 18A:29-5.3** Mandatory minimum {#sec-18a-29-5.3 omnilex-key=us-nj-statutes--title-18a--18A:29-5.3}

No salary schedule adopted by any board of education or any educational services commission shall provide for salaries lower than as prescribed by this amendatory and supplementary act.

##### **§ 18A:29-5.4** Extracurricular activities, summer employment excluded {#sec-18a-29-5.4 omnilex-key=us-nj-statutes--title-18a--18A:29-5.4}

The minimum salary established in N.J.S. 18A:29-5 shall not include any amounts paid to a member for duties which are not part of the member's regular contractual responsibilities, such as remuneration for coaching and other extracurricular activities, and summer employment.

##### **§ 18A:29-5.5** No automatic salary increases {#sec-18a-29-5.5 omnilex-key=us-nj-statutes--title-18a--18A:29-5.5}

Teachers receiving more than the minimum salary set forth in this amendatory and supplementary act shall not receive automatic salary increases pursuant to any existing collective negotiations agreement with a salary guide indexed to compute salaries on the basis of a ratio established between the minimum salary and all other ranges, increments, or increases.

##### **§ 18A:29-5.6** Determination of teacher base salary. {#sec-18a-29-5.6 omnilex-key=us-nj-statutes--title-18a--18A:29-5.6}

7. a. The actual salary paid to each teacher under each district's or educational services commission's 1984-85 approved salary guide shall be considered a base salary for purposes of this act.

b. In addition to all other funds to which the local district or educational services commission is entitled under the provisions of P.L.2007, c.260 (C.18A:7F-43 et al.) and other pertinent statutes, each board of education or board of directors of an educational services commission shall receive from the State during the 1985-86 academic year and for two years thereafter an amount equal to the sum of the amounts by which the actual salary prescribed for each current full-time teaching staff member under the salary schedule adopted by the local board of education or board of directors for the 1984-85 academic year in the manner prescribed by law is less than $18,500.00, provided that the teaching staff member has been certified by the local board of education or board of directors as performing his duties in an acceptable manner for the 1984-85 school year pursuant to N.J.A.C.6:3-1.19 and 6:3-1.21. Each local board of education or board of directors shall receive from the State on behalf of the newly employed full-time teaching staff members for the 1985-86 academic year and for two years thereafter an amount equal to the sum of the amounts by which the actual salary prescribed for each newly employed full-time teaching staff member under the salary schedule adopted by the local board of education or board of directors for the 1984-85 academic year is less than $18,500.00. All adjustments for teachers who are hired or who leave employment during the school year and who make less than $18,500.00 shall be made in the school year following the year in which they were hired or left employment.

c. For the 1988-89 academic year and thereafter, this act shall be funded in accordance with the recommendations of the State and Local Expenditure and Revenue Policy Commission created pursuant to P.L.1984, c.213. If the commission's recommendations for funding this program are not enacted into law, this act shall be funded in accordance with subsection d. of this section and sections 9 and 10 of P.L.1985, c.321 (C.18A:29-5.8 and C.18A:29-5.9).

d. For the purpose of funding this act in the 1988-89 academic year as determined pursuant to this section, each teacher's salary based on the 1984-85 salary guide shall be increased by the product of the base salary multiplied by 21%.

e. In each subsequent year the product of the base salary times 7% shall be cumulatively added to each teacher's salary as calculated in subsection d. of this section in determining the aid payable. In any year subsequent to the 1987-88 academic year in which the base salary plus the cumulative increases under this section exceed $18,500.00, aid will no longer be payable.

##### **§ 18A:29-9** Agreement as to initial salaries {#sec-18a-29-9 omnilex-key=us-nj-statutes--title-18a--18A:29-9}

Whenever a person shall hereafter accept office, position or employment as a member in any school district of this state, his initial place on the salary schedule shall be at such point as may be agreed upon by the member and the employing board of education.

##### **§ 18A:29-11** Credit for military services {#sec-18a-29-11 omnilex-key=us-nj-statutes--title-18a--18A:29-11}

Every member who, after July 1, 1940, has served or hereafter shall serve, in the active military or naval service of the United States or of this state, including active service in the women's army corps, the women's reserve of the naval reserve, or any similar organization authorized by the United States to serve with the army or navy, in time of war or an emergency, or for or during any period of training, or pursuant to or in connection with the operation of any system of selective service, shall be entitled to receive equivalent years of employment credit for such service as if he had been employed for the same period of time in some publicly owned and operated college, school or institution of learning in this or any other state or territory of the United States, except that the period of such service shall not be credited toward more than four employment or adjustment increments.

Nothing contained in this section shall be construed to reduce the number of employment or adjustment increments to which any member may be entitled under the terms of any law, or regulation, or action of any employing board or officer, of this state, relating to leaves of absence.

##### **§ 18A:29-13** Increase of salaries or increments {#sec-18a-29-13 omnilex-key=us-nj-statutes--title-18a--18A:29-13}

Boards of education shall have the power to increase for any member or classification of members included in any schedule, the initial salary or the amount of any increment or the number of increments.

##### **§ 18A:29-14** Withholding increments; causes; notice of appeals {#sec-18a-29-14 omnilex-key=us-nj-statutes--title-18a--18A:29-14}

Any board of education may withhold, for inefficiency or other good cause, the employment increment, or the adjustment increment, or both, of any member in any year by a recorded roll call majority vote of the full membership of the board of education. It shall be the duty of the board of education, within 10 days, to give written notice of such action, together with the reasons therefor, to the member concerned. The member may appeal from such action to the commissioner under rules prescribed by him. The commissioner shall consider such appeal and shall either affirm the action of the board of education or direct that the increment or increments be paid. The commissioner may designate an assistant commissioner of education to act for him in his place and with his powers on such appeals. It shall not be mandatory upon the board of education to pay any such denied increment in any future year as an adjustment increment.

##### **§ 18A:29-15** Salary schedules in force {#sec-18a-29-15 omnilex-key=us-nj-statutes--title-18a--18A:29-15}

Nothing contained in this article shall be construed to interfere with or discontinue any salary schedule now in force; provided, such schedule shall meet the requirements of this article, nor to prevent the adoption of any salary schedule which shall meet its minimum requirements, nor to prevent the payment of extra compensation for additional service, nor to prevent the payment of any bonus pursuant to law, but no bonus payment may be made in lieu of an employment or adjustment increment.

##### **§ 18A:29-16** Emergency certificates; day-by-day basis substitute {#sec-18a-29-16 omnilex-key=us-nj-statutes--title-18a--18A:29-16}

The provisions of this subarticle B shall not apply to any person whose appropriate certificate, valid for his office, position, or employment is an emergency certificate and to any person employed as a substitute on a day-by-day basis.

## **Chapter 29A** {#struct-chapter-29a}

##### **§ 18A:29A-1** Short title {#sec-18a-29a-1 omnilex-key=us-nj-statutes--title-18a--18A:29A-1}

This act shall be known and may be cited as the "Governor's Annual Teacher Recognition Act."

##### **§ 18A:29A-2** Findings, declarations {#sec-18a-29a-2 omnilex-key=us-nj-statutes--title-18a--18A:29A-2}

The Legislature finds and declares that:

a. The success of the public school system in this State is based upon the quality and dedication of our teaching staff members.

b. Providing for local and Statewide recognition of outstanding teaching will demonstrate our appreciation of excellence and encourage others to strive for the same.

c. Giving the teaching profession the stature and recognition it deserves will help attract and retain the most able individuals in the profession of teaching, a process which is critical to the future well-being of the State and its citizens.

d. In teaching, as in other professions, practitioners should be acknowledged for outstanding performance.

e. The purpose of this act is to provide for Statewide awards and recognition of the excellence of current members of the teaching profession.

##### **§ 18A:29A-3** Teacher recognition selection panel {#sec-18a-29a-3 omnilex-key=us-nj-statutes--title-18a--18A:29A-3}

In order to provide Statewide awards and recognition of the excellence of current members of the teaching profession, each school district may annually establish a teacher recognition selection panel composed of members of the teaching staff, administrative staff, parents and other citizens for the purpose of selecting recipients for the Governor's Annual Award for Outstanding Teaching.

This panel shall be composed of up to nine members as follows:

a. three members to be selected by the local board of education;

b. three members to be selected by the local bargaining unit which represents the classroom teachers of the district. Should that bargaining unit choose not to appoint members to the panel, then the board of education shall appoint up to three additional members;

c. three additional members selected jointly by the members selected under subsections a. and b. of this section.

Should the members selected pursuant to subsections a. and b. of this section fail to agree on the selection of the three additional members, then the additional members shall be selected by the local mayor from among the district's parent organization.

##### **§ 18A:29A-4** Selection of outstanding teachers {#sec-18a-29a-4 omnilex-key=us-nj-statutes--title-18a--18A:29A-4}

The teacher recognition selection panel may nominate to the local board of education one nonadministrative teaching staff member from each school in the district having 10 or more teachers who, because of their knowledge, commitment, and creativity, have made an extraordinary contribution during the previous school year to the quality of education in that district. Schools having fewer than 10 teachers may consolidate with other schools for the purpose of participating in this program, provided that the combined number of teachers is 10 or more. In selecting teaching staff members for the Governor's Annual Award for Outstanding Teaching, the panel may solicit nominations from teaching staff, administrative staff, parents, students, and community members.

Teaching staff members who are selected for the Governor's Annual Teacher Recognition Award shall have distinguished themselves through exceptional contributions in the following areas:

a. use of effective instructional techniques and methods;

b. establishment of productive classroom climate and rapport with pupils; and

c. development of feelings of self-worth and the love of learning in pupils.

The selection panel shall consider evidence of these contributions in making its decisions. Teachers selected for this award shall have received exemplary local district evaluation reports. School districts may also consider other evidence of outstanding teaching performance.

Teachers selected for the Governor's Award shall also have other acceptable personnel records which are devoid of recent sanctions or deficiencies.

The local board of education may certify to the commissioner the name of one teaching staff member from each school or combination of schools in the district having 10 or more teachers as a recipient of the Governor's Award. The local board may not certify the names of any teaching staff members who were not nominated by the teacher recognition selection paneL. The State shall provide funds in an amount equal to $1,000.00 for each teacher selected pursuant to this act. These funds shall be forwarded in the teacher's name to the district for an educational purpose designated by the teacher. Districts that do not comply with all the provisions of this act shall not be included in the Governor's Award program.

Award recipients shall not be eligible for renomination for two years following their selection.

##### **§ 18A:29A-5** Convocation; awards {#sec-18a-29a-5 omnilex-key=us-nj-statutes--title-18a--18A:29A-5}

Annually, the Governor shall sponsor a convocation on "Excellence in Teaching" at which time each teaching staff member who has been selected by a local school district shall be awarded a certificate of commendation. At this convocation, each teacher so selected shall be awarded a proportion of the funds provided pursuant to this act.

##### **§ 18A:29A-6** Review, recommendations {#sec-18a-29a-6 omnilex-key=us-nj-statutes--title-18a--18A:29A-6}

Five years following the implementation of this act, the Commissioner of Education shall review the Governor's Annual Award for Outstanding Teaching to assess and determine its effectiveness in promoting excellence in teaching. On completion of the review, recommendations shall be made to the Governor and the Legislature concerning the continuation of the program and any proposed changes or modifications.

##### **§ 18A:29A-7** Rules, regulations {#sec-18a-29a-7 omnilex-key=us-nj-statutes--title-18a--18A:29A-7}

The State Board of Education shall, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), adopt rules and regulations which are necessary to effectuate the purposes of this act.

## **Chapter 29B** {#struct-chapter-29b}

##### **§ 18A:29B-1** Short title. {#sec-18a-29b-1 omnilex-key=us-nj-statutes--title-18a--18A:29B-1}

1. This act shall be known and may be cited as the "Governor's Annual Educational Services Professionals Recognition Act."

##### **§ 18A:29B-2** Findings, declarations relative to recognition of educational services professionals. {#sec-18a-29b-2 omnilex-key=us-nj-statutes--title-18a--18A:29B-2}

2. The Legislature finds and declares that:

a. the public school system in this State is made more successful by the work of educational services professionals;

b. educational services professionals provide important services outside of the classroom environment that improve students' academic opportunities, workforce preparedness, and overall quality of life;

c. providing for local and Statewide recognition of outstanding educational services professionals will demonstrate our appreciation of their contributions and encourage others to strive for the same; and

d. the purpose of this act is to provide for Statewide awards and recognition of the excellence of current school district employees employed in a position requiring an educational services certificate.

##### **§ 18A:29B-3** "Educational services professional" defined. {#sec-18a-29b-3 omnilex-key=us-nj-statutes--title-18a--18A:29B-3}

3. As used in this act, "educational services professional" means a person who holds an educational services certificate issued by the State Board of Examiners and who is employed in a position that requires the certificate.

##### **§ 18A:29B-4** Educational services professional recognition selection panel. {#sec-18a-29b-4 omnilex-key=us-nj-statutes--title-18a--18A:29B-4}

4. In order to provide Statewide awards and recognition of the excellence of current educational services professionals, each school district may annually establish an educational services professional recognition selection panel composed of members of the teaching staff, administrative staff, parents and other citizens for the purpose of selecting recipients for the Governor's Annual Award for Outstanding Educational Services Professionals.

The panel shall be composed of up to nine members as follows:

a. three members to be selected by the local board of education;

b. three members to be selected by the local bargaining unit which represents the educational services professionals of the district. Should that bargaining unit choose not to appoint members to the panel, the board of education shall appoint up to three additional members; and

c. three additional members selected jointly by the members selected under subsections a. and b. of this section.

Should the members selected pursuant to subsections a. and b. of this section fail to agree on the selection of the three additional members, the additional members shall be selected by the local mayor from among the district's parent organization.

##### **§ 18A:29B-5** Nominations for Governor's Annual Educational Services Professionals Recognition Award. {#sec-18a-29b-5 omnilex-key=us-nj-statutes--title-18a--18A:29B-5}

5. The educational services professional recognition selection panel may nominate to the local board of education one educational services professional from each school in the district having 10 or more educational services professionals who, because of their knowledge, commitment, and creativity, have made an extraordinary contribution during the previous school year to the quality of education in that district. Schools having fewer than 10 educational services professionals may consolidate with other schools for the purpose of participating in this program, provided that the combined number of educational services professionals is 10 or more. In selecting educational services professionals for the Governor's Annual Award for Outstanding Educational Services Professionals, the panel may solicit nominations from teaching staff, administrative staff, parents, students, and community members.

Educational services professionals who are selected for the Governor's Annual Educational Services Professionals Recognition Award shall have distinguished themselves through exceptional contributions in the following areas:

a. interactions with students, staff, and parents while functioning as a frontline advocate for the student between home and school;

b. fostering an environment for learning and exploring creative alternatives to enable all students to achieve to their fullest potential;

c. supporting classroom instruction by addressing the educational, social, and emotional needs of all students; and

d. personal interactions with students that demonstrate professionalism while retaining respect, humor, compassion, and concern for the whole child.

The selection panel shall consider evidence of these contributions in making its decisions. Educational services professionals selected for this award shall have received exemplary local district evaluation reports. School districts may also consider other evidence of outstanding educational services performance.

Educational services professionals selected for the Governor's Award shall also have other acceptable personnel records which are devoid of recent sanctions or deficiencies.

The local board of education may certify to the commissioner the name of one educational services professional from each school or combination of schools in the district having 10 or more educational services professionals as a recipient of the Governor's Award. The local board may not certify the names of any educational services professionals who were not nominated by the educational services professionals selection panel. Districts that do not comply with all the provisions of this act shall not be included in the Governor's Award program.

Award recipients shall not be eligible for renomination for two years following their selection.

##### **§ 18A:29B-6** Convocation on "Excellence in Educational Services." {#sec-18a-29b-6 omnilex-key=us-nj-statutes--title-18a--18A:29B-6}

6. Annually, the Governor shall sponsor a convocation on "Excellence in Educational Services" at which time each educational services professional who has been selected by a local school district shall be awarded a certificate of commendation.

##### **§ 18A:29B-7** Rules, regulations. {#sec-18a-29b-7 omnilex-key=us-nj-statutes--title-18a--18A:29B-7}

7. The State Board of Education shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations which are necessary to effectuate the purposes of this act.

## **Chapter 30** {#struct-chapter-30}

##### **§ 18A:30-1** Sick leave, definitions. {#sec-18a-30-1 omnilex-key=us-nj-statutes--title-18a--18A:30-1}

a. Sick leave is defined as the absence from an employee's post of duty, for any of the following reasons:

(1) the employee is personally ill or injured;

(2) for diagnosis, care, or treatment of, or recovery from, an employee's mental or physical illness, injury or other adverse health condition, or for preventive medical care for the employee;

(3) for the employee to aid or care for a family member of the employee during diagnosis, care, or treatment of, or recovery from, the family member's mental or physical illness, injury or other adverse health condition, or during preventive medical care for the family member;

(4) absence necessary due to circumstances resulting from the employee, or a family member of the employee, being a victim of domestic or sexual violence, if the leave is to allow the employee to obtain for the employee or the family member:

(a) medical attention needed to recover from physical or psychological injury or disability caused by domestic or sexual violence;

(b) services from a designated domestic violence agency or other victim services organization;

(c) psychological or other counseling;

(d) relocation; or

(e) legal services, including obtaining a restraining order or preparing for, or participating in, any civil or criminal legal proceeding related to the domestic or sexual violence;

(5) the death of a family member for up to seven days;

(6) to attend a child's school-related conference, meeting, function or other event requested or required by a school administrator, teacher, or other professional staff member responsible for the child's education, or to attend a meeting regarding care provided to the child in connection with the child's health conditions or disability;

(7) the school or place of care of a child of the employee is closed by order of a public official or because of a state of emergency declared by the Governor, due to an epidemic or other public health emergency;

(8) the employee has been exposed to a contagious disease or is quarantined for the disease in the employee's immediate household.

b. The provisions of this section, and any regulations promulgated to implement or enforce this section, shall not supersede any law providing collective bargaining rights for school district employees, and shall not reduce, diminish, or adversely affect an employee's collective bargaining rights.

c. As used in this section:

"Child" means a biological, adopted, or foster child, stepchild or legal ward of an employee, child of a domestic partner or civil union partner of the employee.

"Designated domestic violence agency" means a county-wide organization whose primary purpose is to provide services to victims of domestic violence, and which provides services that conform to the core domestic violence services profile as defined by the Division of Child Protection and Permanency in the Department of Children and Families and is under contract with the division for the express purpose of providing the services.

"Domestic or sexual violence" means stalking, any sexually violent offense, as defined in section 3 of P.L.1998, c.71 (C.30:4-27.26), or domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19) and section 1 of P.L.2003, c.41 (C.17:29B-16).

"Family member" means a child, grandchild, sibling, spouse, domestic partner, civil union partner, parent, or grandparent of an employee, or a spouse, domestic partner, or civil union partner of a parent or grandparent of the employee, or a sibling of a spouse, domestic partner, or civil union partner of the employee, or any other individual related by blood to the employee or whose close association with the employee is the equivalent of a family relationship.

##### **§ 18A:30-2** Sick leave allowable {#sec-18a-30-2 omnilex-key=us-nj-statutes--title-18a--18A:30-2}

All persons holding any office, position, or employment in all local school districts, regional school districts or county vocational schools of the state who are steadily employed by the board of education or who are protected by tenure in their office, position, or employment under the provisions of this or any other law, except persons in the classified service of the civil service under Title 11, Civil Service, of the Revised Statutes, shall be allowed sick leave with full pay for a minimum of 10 school days in any school year.

##### **§ 18A:30-2.1** Sick leave payment for service connected disability; satisfactory service {#sec-18a-30-2.1 omnilex-key=us-nj-statutes--title-18a--18A:30-2.1}

a. Whenever any employee, entitled to sick leave under this chapter, is absent from his post of duty as a result of a personal injury caused by an accident arising out of and in the course of his employment, his employer shall pay to such employee the full salary or wages for the period of such absence for up to one calendar year without having such absence charged to the annual sick leave or the accumulated sick leave provided in N.J.S.18A:30-2 and 18A:30-3. Salary or wage payments provided in this section shall be made for absence during the waiting period and during the period the employee received or was eligible to receive a temporary disability benefit under chapter 15 of Title 34, Labor and Workmen's Compensation, of the Revised Statutes. Any amount of salary or wages paid or payable to the employee pursuant to this section shall be reduced by the amount of any workmen's compensation award made for temporary disability.

b. Leave taken by an employee pursuant to subsection a. of this section shall constitute satisfactory service as provided pursuant to N.J.S.18A:29-14 and any other provision, statutory or contractual, relating to employment, adjustment or other increments and shall not constitute inefficiency or other good cause for the withholding of an employment or adjustment increment.

##### **§ 18A:30-2.2** Leave of absence for school employee for purpose of donating organ, bone marrow. {#sec-18a-30-2.2 omnilex-key=us-nj-statutes--title-18a--18A:30-2.2}

2. An employee holding any office, position, or employment in local school district, regional school district, or county vocational school of the State who is steadily employed by the board of education or who is protected by tenure in the office, position, or employment under the provisions of any law, except a person in the classified service of the civil service under Title 11A of the New Jersey Statutes, shall be granted a leave of absence with pay and without loss of rights, privileges or benefits, for the purpose of donating one or more of their human organs, or a part thereof, or bone marrow to another human for human organ transplantation. The paid leave shall be up to 30 days for the donation of an organ or a part of an organ and up to five days for the donation of bone marrow, and shall be in addition to any other type of leave to which an employee may be entitled.

##### **§ 18A:30-3** Accumulated sick leave {#sec-18a-30-3 omnilex-key=us-nj-statutes--title-18a--18A:30-3}

If any such person requires in any school year less than the specified number of days of sick leave with pay allowed, all days of such minimum sick leave not utilized that year shall be accumulative to be used for additional sick leave as needed in subsequent years.

##### **§ 18A:30-3.1** Accumulated sick leave rights preserved {#sec-18a-30-3.1 omnilex-key=us-nj-statutes--title-18a--18A:30-3.1}

The accumulative sick leave rights of the employees in any high school or junior high school or other school terminated by the creation of a regional district shall be recognized and preserved by the regional board of education whenever said former employees of the united districts shall be employed, or have been employed, by the regional board of education.

##### **§ 18A:30-3.2** Credited with unused sick leave {#sec-18a-30-3.2 omnilex-key=us-nj-statutes--title-18a--18A:30-3.2}

Whenever a board of education employs any person who has an unused accumulation of sick leave days from another school district in New Jersey, the employing board may grant, not later than the end of the first year of employment, part or full credit therefor. The amount of any such credit shall be fixed by resolution of the board uniformly applicable to all employees and subject to the provisions of this chapter.

##### **§ 18A:30-3.3** Certificate issued showing unused sick leave {#sec-18a-30-3.3 omnilex-key=us-nj-statutes--title-18a--18A:30-3.3}

Upon termination of employment of any employee from any school district, the board shall issue, at the request of the employee, a certificate stating such employee's unused accumulation of sick leave days as of the date of such termination. Such certificate shall be filed with the new employer within one year of the date of such new employment.

##### **§ 18A:30-3.4** Accumulation of sick leave credited; use; accumulation; leave irrevocable {#sec-18a-30-3.4 omnilex-key=us-nj-statutes--title-18a--18A:30-3.4}

The accumulation of sick leave days from another district, when granted in accordance with this chapter, shall be credited upon receipt of the certificate of the prior employer. The days of sick leave so credited may be used immediately or if not so used shall be accumulative for additional leave thereafter as may be needed. The number of such days when granted shall be irrevocable by the board of education of the district.

##### **§ 18A:30-3.5** Payment for accumulated sick leave by board of education. {#sec-18a-30-3.5 omnilex-key=us-nj-statutes--title-18a--18A:30-3.5}

44. Notwithstanding any law, rule or regulation to the contrary, a board of education, or an agency or instrumentality thereof, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000, except that an officer or employee who:

(1) on the effective date of P.L.2007, c.92 (C.43:15C-1 et al.), or upon the expiration of a collective negotiations agreement or contract of employment applicable to that officer or employee in effect on that date has accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so accumulated or not more than $15,000, whichever is greater; or

(2) becomes an officer or employee after the effective date of P.L.2007, c.92 (C.43:15C-1 et al.) and has previously accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so previously accumulated or not more than $15,000, whichever is greater.

Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.

As used in this section, "officer or employee" means an elected official; or a person appointed by the Governor with the advice and consent of the Senate, or appointed by the Governor to serve at the pleasure of the Governor only during his or her term of office; or a person appointed by an elected public official or elected governing body of the political subdivision, with the specific consent or approval of the elected governing body of the political subdivision that is substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State as that similarity is determined by the elected governing body and set forth in an adopted resolution, pursuant to guidelines or policy that shall be established by the Department of Education, but not including a person who is employed or appointed in the regular or normal course of employment or appointment procedures and consented to or approved in a general or routine manner appropriate for and followed by the political subdivision, or the agency or instrumentality thereof.

##### **§ 18A:30-3.6** Cap on compensation for unused sick leave from board of education. {#sec-18a-30-3.6 omnilex-key=us-nj-statutes--title-18a--18A:30-3.6}

3. Notwithstanding any law, rule or regulation to the contrary, a board of education, or an agency or instrumentality thereof, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000. Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement. This provision shall apply only to officers and employees who commence service with the board of education, or the agency or instrumentality thereof, on or after the effective date of P.L.2010, c.3. This section shall not be construed to affect the terms in any collective negotiations agreement with a relevant provision in force on that effective date.

##### **§ 18A:30-4** Sick leave, physician's certificate, requirements; definitions. {#sec-18a-30-4 omnilex-key=us-nj-statutes--title-18a--18A:30-4}

a. In case of sick leave claimed due to personal illness or injury, a board of education may require a physician's certificate to be filed with the secretary of the board of education in order to obtain sick leave.

b. If an employee's need to use sick leave as defined pursuant to N.J.S.18A:30-1 is foreseeable, a board of education may require advance notice, not to exceed seven calendar days prior to the date the leave is to begin, of the intention to use the leave and its expected duration, and the employee shall make a reasonable effort to schedule the use of sick leave in a manner that does not unduly disrupt the operations of the board of education.

c. If the reason for the leave is not foreseeable, a board of education may require an employee to give notice of the intention as soon as practicable, if the board of education has notified the employee of this requirement.

d. A board of education may prohibit employees from using foreseeable sick leave on certain dates, and require reasonable documentation if sick leave that is not foreseeable is used during those dates.

e. In case of sick leave claimed for three or more consecutive days, a board of education may require reasonable documentation that the leave is being taken for a purpose permitted pursuant to subsection a. of N.J.S.18A:30-1.

f. If the leave is permitted under paragraph (2) or (3) of subsection a. of N.J.S.18A:30-1, documentation signed by a health care professional who is treating the employee or the family member of the employee indicating the need for the leave and, if possible, number of days of leave, shall be considered reasonable documentation.

g. If the leave is permitted under paragraph (4) of subsection a. of N.J.S.18A:30-1 because of domestic or sexual violence, any of the following shall be considered reasonable documentation of the domestic or sexual violence:

(1) medical documentation;

(2) a law enforcement agency record or report;

(3) a court order;

(4) documentation that the perpetrator of the domestic or sexual violence has been convicted of a domestic or sexual violence offense;

(5) certification from a certified Domestic Violence Specialist or a representative of a designated domestic violence agency or other victim services organization; or

(6) other documentation or certification provided by a social worker, counselor, member of the clergy, shelter worker, health care professional, attorney, or other professional who has assisted the employee or family member in dealing with the domestic or sexual violence.

h. If the leave is permitted under paragraph (7) of subsection a. of N.J.S.18A:30-1, a copy of the order of the public official or the determination by the health authority shall be considered reasonable documentation.

i. As used in this section:

"Certified Domestic Violence Specialist" means a person who has fulfilled the requirements of certification as a Domestic Violence Specialist established by the New Jersey Association of Domestic Violence Professionals.

"Designated domestic violence agency" means a county-wide organization whose primary purpose is to provide services to victims of domestic violence, and which provides services that conform to the core domestic violence services profile as defined by the Division of Child Protection and Permanency in the Department of Children and Families and is under contract with the division for the express purpose of providing these services.

"Health care professional" means any person licensed under federal, State, or local law, or the laws of a foreign nation, to provide health care services, or any other person who has been authorized to provide health care by a licensed health care professional including, but not limited to, doctors, nurses and emergency room personnel.

##### **§ 18A:30-5** Commissioner to enforce chapter {#sec-18a-30-5 omnilex-key=us-nj-statutes--title-18a--18A:30-5}

The commissioner shall enforce the provisions of this chapter to the extent of withholding state school moneys from school districts violating any of the provisions of this chapter.

##### **§ 18A:30-6** Prolonged absence beyond sick leave period {#sec-18a-30-6 omnilex-key=us-nj-statutes--title-18a--18A:30-6}

When absence, under the circumstances described in section 18A:30-1 of this article, exceeds the annual sick leave and the accumulated sick leave, the board of education may pay any such person each day's salary less the pay of a substitute, if a substitute is employed or the estimated cost of the employment of a substitute if none is employed, for such length of time as may be determined by the board of education in each individual case. A day's salary is defined as 1/200 of the annual salary.

##### **§ 18A:30-7** Power of boards of education to pay salaries {#sec-18a-30-7 omnilex-key=us-nj-statutes--title-18a--18A:30-7}

Nothing in this chapter shall affect the right of the board of education to fix either by rule or by individual consideration, the payment of salary in cases of absence not constituting sick leave, or to grant sick leave over and above the minimum sick leave as defined in this chapter or allowing days to accumulate over and above those provided for in section 18A:30-2, except that no person shall be allowed to increase his total accumulation by more than 15 days in any one year.

##### **§ 18A:30-8** Athletic competition on world, Pan American or Olympic level; reimbursement by state {#sec-18a-30-8 omnilex-key=us-nj-statutes--title-18a--18A:30-8}

Any school district employee who qualifies as a member of the United States team for athletic competition on the world, Pan American or Olympic level, in a sport contested in either Pan American or Olympic competitions, shall be granted a leave of absence with pay and without loss of rights, privileges and benefits and without interruption of membership in any retirement system for the purpose of preparing for and engaging in the competition. The paid leave granted pursuant to this act shall be no more than 90 calendar days in 1 year or the combined days of the official training camp and competition, whichever is less.

Any school district which grants employees leaves of absence pursuant to the provisions of this act shall be reimbursed by the State, for the full amount of the actual cost of employing substitutes for said employees.

##### **§ 18A:30-9** Use of accumulated vacation leave by board of education. {#sec-18a-30-9 omnilex-key=us-nj-statutes--title-18a--18A:30-9}

46. Notwithstanding any law, rule or regulation to the contrary, an officer or employee of a board of education, or an agency or instrumentality thereof, who does not take vacation leave that accrues on or after the effective date of P.L.2007, c.92 (C.43:15C-1 et al.), or on or after the date on which the person becomes an officer or employee, in a given year because of business demands shall be granted that accrued leave only during the next succeeding year.

However, vacation leave not taken in a given year because of duties directly related to a state of emergency declared by the Governor may accumulate at the discretion of the appointing authority until, pursuant to a plan established by the officer or employee's appointing authority, the leave is used or the employee or officer is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining.

A person who (1) is an officer or employee on the effective date of P.L.2007, c.92 (C.43:15C-1 et al.), or (2) becomes an officer or employee after that effective date, and has previously accrued vacation leave shall be eligible and shall be permitted to retain and use that accrued vacation leave.

As used in this section, "officer or employee" means an elected official; or a person appointed by the Governor with the advice and consent of the Senate, or appointed by the Governor to serve at the pleasure of the Governor only during his or her term of office; or a person appointed by an elected public official or elected governing body of the political subdivision, with the specific consent or approval of the elected governing body of the political subdivision that is substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State as that similarity is determined by the elected governing body and set forth in an adopted resolution, pursuant to guidelines or policy that shall be established by the Department of Education, but not including a person who is employed or appointed in the regular or normal course of employment or appointment procedures and consented to or approved in a general or routine manner appropriate for and followed by the political subdivision, or the agency or instrumentality thereof.

##### **§ 18A:30-9.1** Use of accrued vacation leave by board of education employee. {#sec-18a-30-9.1 omnilex-key=us-nj-statutes--title-18a--18A:30-9.1}

5. Notwithstanding any law, rule or regulation to the contrary, an officer or employee of a board of education, or an agency or instrumentality thereof, who does not take vacation leave that accrues in a given year because of business demands shall be granted that accrued leave only during the next succeeding year. However, vacation leave not taken in a given year because of duties directly related to a state of emergency declared by the Governor may accumulate at the discretion of the appointing authority until, pursuant to a plan established by the officer or employee's appointing authority, the leave is used or the employee or officer is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining. This provision shall apply only to officers and employees who commence service with the board of education, or the agency or instrumentality thereof, on or after the effective date of P.L.2010, c.3. This section shall not be construed to affect the terms in any collective negotiations agreement with a relevant provision in force on that effective date.

##### **§ 18A:30-10** Establishment of sick leave bank for employees of board of education. {#sec-18a-30-10 omnilex-key=us-nj-statutes--title-18a--18A:30-10}

1. Notwithstanding any other provision of law to the contrary, a sick leave bank may be established for employees of a board of education if both the board and the majority representative or majority representatives of the employees who would be eligible to participate consent to the establishment of the sick leave bank. The purpose of the sick leave bank shall be to enable employees of the board who are entitled to sick leave under chapter 30 of Title 18A of the New Jersey Statutes to draw needed days of sick leave in addition to any days to which they are otherwise entitled. The sick leave days available to a board employee from the sick leave bank shall be leave days previously donated to the bank by board employees. Employees may donate sick leave days or any other leave time as agreed upon by the board and the majority representative. Sick leave drawn from the bank shall be treated for all purposes as if it were accrued sick leave time of the employee who receives it. No employee shall be required to participate in the bank.

##### **§ 18A:30-11** Administration of sick leave bank. {#sec-18a-30-11 omnilex-key=us-nj-statutes--title-18a--18A:30-11}

2. The sick leave bank shall be administered by a committee which shall be comprised of three members selected by the board of education and three members selected by the majority representative or majority representatives of those employees of the board who are eligible to participate in the sick leave bank. The committee may establish standards or procedures that it deems appropriate for the operation of the sick leave bank, which may include a requirement that employees donate leave time to be eligible to draw leave time from the sick leave bank and limitations on the amount of sick leave time which may be drawn or the conditions under which the sick leave time may be drawn. No day of leave which is donated to a sick leave bank by an employee shall be drawn by that employee or any other employee from the sick leave bank unless authorized by the committee in order to provide sick leave.

##### **§ 18A:30-12** Certain policies unaffected. {#sec-18a-30-12 omnilex-key=us-nj-statutes--title-18a--18A:30-12}

3. No provision of this act, or regulation promulgated to implement or enforce this act, shall be deemed to justify a board of education in reducing or making less favorable to employees any sick leave, disability pay or other benefits provided by the board or required by a collective bargaining agreement which are more favorable to the employees than those required by this act, nor shall any provision of this act, or any regulation promulgated to implement or enforce this act, be construed to prohibit the negotiation and provision through collective bargaining agreements of sick leave, disability pay or other benefits which are more favorable to the employee than those required by this act, irrespective of the date that a collective bargaining agreement takes effect.

##### **§ 18A:30-13** Construction of act. {#sec-18a-30-13 omnilex-key=us-nj-statutes--title-18a--18A:30-13}

4. No provision of this act shall be construed as limiting the authority of a board of education to provide an employee with additional days of salary pursuant to N.J.S.18A:30-6 after all sick leave available to the employee, including days provided under this act, has been used.

## **Chapter 31** {#struct-chapter-31}

##### **§ 18A:31-1** Teachers' institutes and meetings, when held, etc. {#sec-18a-31-1 omnilex-key=us-nj-statutes--title-18a--18A:31-1}

Teachers' institutes, and teachers' meetings called by the commissioner, shall be held pursuant to rules prescribed by the state board.

##### **§ 18A:31-2** Attendance at conventions of New Jersey Education Association {#sec-18a-31-2 omnilex-key=us-nj-statutes--title-18a--18A:31-2}

Whenever any full-time teaching staff member of any board of education of any local school district or regional school district or of a county vocational school or any secretary, or office clerk applies to the board of education by which he is employed for permission to attend the annual convention of the New Jersey Education Association, such permission shall be granted for a period of not more than two days in any one year and he shall receive his whole salary for the days of actual attendance upon the sessions of such convention upon filing with the secretary of the board a certificate of such attendance signed by the executive secretary of the association.

## **Chapter 32** {#struct-chapter-32}

##### **§ 18A:32-1** Appropriation for establishment and maintenance {#sec-18a-32-1 omnilex-key=us-nj-statutes--title-18a--18A:32-1}

Whenever in any county there shall have been raised by subscription a sum of money not less than $100.00 for the establishment of a library of pedagogical books for the use of the teachers of the public schools, the director of the treasury shall, upon the order of the commissioner, draw his warrant on the state treasurer in favor of the county superintendent of the county for the sum of $100.00 for the benefit of such library. Annually thereafter there shall be paid on a like order a sum not less than $50.00 nor more than $100.00 upon condition that there shall have been raised by subscription a like sum for the maintenance of the library for the year.

##### **§ 18A:32-2** Committee to select books and manage library {#sec-18a-32-2 omnilex-key=us-nj-statutes--title-18a--18A:32-2}

The county superintendent and three teachers of public schools in the county appointed by him shall constitute a committee to select and purchase books and apparatus for the library, and to make rules for the management, use, and safekeeping thereof.

## **Chapter 33** {#struct-chapter-33}

##### **§ 18A:33-1** District to furnish suitable facilities; adoption of courses of study {#sec-18a-33-1 omnilex-key=us-nj-statutes--title-18a--18A:33-1}

Each school district shall provide, for all children who reside in the district and are required to attend the public schools therein and those who reside therein or elsewhere and are entitled or permitted to attend the schools of the district pursuant to law, suitable educational facilities including proper school buildings and furniture and equipment, convenience of access thereto, and courses of study suited to the ages and attainments of all pupils between the ages of five and 20 years, either in schools within the district convenient of access to the pupils, or as provided by article 2 of chapter 38 of this title, but no course of study shall be adopted or altered except by the recorded roll call majority vote of the full membership of the board of education of the district.

##### **§ 18A:33-1.1** Substandard facility; approval; inspection; abandonment {#sec-18a-33-1.1 omnilex-key=us-nj-statutes--title-18a--18A:33-1.1}

No substandard facility shall be approved for more than two consecutive years unless it is inspected by the Bureau of Facility Planning Services in the Division of Finance to insure that the buildings meet health, safety and educational standards for temporary facilities and that utilization of the facilities is of a temporary and limited nature. Any facility which is determined to be inadequate shall be ordered abandoned pursuant to N.J.S. 18A:20-36.

##### **§ 18A:33-1.2** Rules and regulations {#sec-18a-33-1.2 omnilex-key=us-nj-statutes--title-18a--18A:33-1.2}

The State Board of Education shall develop rules and regulations for the approval of substandard emergency building facilities for the accommodation of school pupils which regulations shall insure that the buildings meet health, safety and educational standards and that the utilization of the facilities are of a temporary and limited nature.

##### **§ 18A:33-2** Penalty for failure to provide proper facilities. {#sec-18a-33-2 omnilex-key=us-nj-statutes--title-18a--18A:33-2}

When any school district shall fail to provide such facilities and courses of study, the county superintendent shall, by order in writing, approved in writing by the commissioner and transmitted to the board secretary or treasurer of school moneys, as appropriate, of the district, direct the secretary or treasurer to withhold further payments, for the account of the district, of any moneys theretofore and thereafter received from State aid until such suitable facilities and courses of study shall be provided, which order shall be effective upon the date stated by the commissioner in his approval thereof. The county superintendent shall notify the board of education of the district of his action with the reasons therefor forthwith.

##### **§ 18A:33-2.1** Closing high school; contracting with another district; referendum {#sec-18a-33-2.1 omnilex-key=us-nj-statutes--title-18a--18A:33-2.1}

No board of education of a school district providing high school education in its own high school shall propose to close its high school and to contract with another district or districts to provide high school education for pupils of the district, unless and until a public question as to whether or not the board may enter into such a contract or contracts shall be submitted to and approved by a majority of the voters of the district voting thereon at an annual or special school election.

##### **§ 18A:33-3** Food service bidding exemption {#sec-18a-33-3 omnilex-key=us-nj-statutes--title-18a--18A:33-3}

A board of education of any district may, itself or under contract, install, equip, supply and operate cafeterias or other agencies for dispensing food to public school pupils without profit to the district and may purchase food services and supplies therefor subject to the provisions of N.J.S. 18A:18A-6 and pursuant to rules and regulations of the State board, without advertisement for bids.

##### **§ 18A:33-3.1** Establishment of prepaid school lunch program. {#sec-18a-33-3.1 omnilex-key=us-nj-statutes--title-18a--18A:33-3.1}

1. A board of education may establish a program through which the parent or guardian of a student may prepay for lunches served to the student in the school cafeteria.

##### **§ 18A:33-3.2** Definitions. {#sec-18a-33-3.2 omnilex-key=us-nj-statutes--title-18a--18A:33-3.2}

1. As used in this chapter:

"Categorically eligible" means that a student is homeless, is a migrant child, is a runaway child, is a foster child, or is a Head Start child, as defined in 7 C.F.R. Part 245, or is receiving assistance under the Supplemental Nutrition Assistance Program (SNAP), the Temporary Assistance for Needy Families Program (TANF), the Food Distribution Program on Indian Reservations (FDPIR), or, to the extent that the United States Department of Agriculture authorizes the matching of Medicaid data to identify children who are eligible for free school meals, is a participant in the Medicaid program, and which student, by virtue of such status, is automatically eligible to be certified to receive free school meals under the National School Lunch Program or the federal School Breakfast Program, without first submitting an application or being subject to the federal income verification requirements established by 7 C.F.R. Part 245.

"Community Eligibility Provision" means a type of special assistance alternative, identified at 7 C.F.R. Part 245, pursuant to which the United States Department of Agriculture provides reimbursement for free school meals that are provided by eligible, high-poverty local educational agencies and schools that participate in both the National School Lunch Program and the federal School Breakfast Program.

"Eligible student" means a student who is categorically eligible or income-eligible for one or more subsidized school meals.

"Emergency meals distribution program" means a program, established under section 1 of P.L.2020, c.6 (C.18A:33-27.2), pursuant to which a school district is required to provide subsidized school meals to eligible students, through designated distribution sites, during any period in which a school in the district is subject to a public health-related closure due to the COVID-19 pandemic.

"Federal School Breakfast Program" means the federal reimbursement program, established under the "Child Nutrition Act of 1966," 42 U.S.C. s.1771 et seq., pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help finance the establishment, maintenance, operation, and expansion of school breakfast programs and facilitate the provision of free and reduced price breakfasts to eligible students.

"Federally eligible for free or reduced price meals" or "federally eligible" means that a student is categorically eligible for free lunch under the National School Lunch Program or for free breakfast under the federal School Breakfast Program, or that the student satisfies federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C.F.R. Part 245, as is necessary to federally qualify for and receive free or reduced price lunch under the National School Lunch Program or free or reduced price breakfast under the federal School Breakfast Program.

"Federally ineligible for free or reduced price meals" or "federally ineligible" means that a student is not categorically eligible for, and fails to satisfy federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C.F.R. Part 245, as is necessary for the student to federally qualify for and receive free or reduced price lunch under the National School Lunch Program or free or reduced price breakfast under the federal School Breakfast Program.

"Income-eligible" means that a student either satisfies federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C.F.R. Part 245, or satisfies State-level income eligibility requirements, set forth in subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4) or subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a), as is necessary for the student to qualify for and receive subsidized lunch under the National School Lunch Program or subsidized breakfast under the federal School Breakfast Program, on the basis of income.

"Low-income family" means a family with an annual household income amounting to not more than 185 percent of the federal poverty level.

"Middle-income family" means a family with an annual household income amounting to not less than 186 percent, and not more than 224 percent, of the federal poverty level.

"National School Lunch Program" means the federal reimbursement program established under the "Richard B. Russell National School Lunch Act," 42 U.S.C. s.1751 et seq., pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help finance the establishment, maintenance, operation, and expansion of school lunch programs and facilitate the provision of free and reduced price lunches to eligible students.

"Participating school" means a public or nonpublic school that provides daily lunch to enrolled students, through a school lunch program operated pursuant to the National School Lunch Program, or that provides daily breakfast to enrolled students, through a school breakfast program or breakfast after the bell program operated pursuant to the federal School Breakfast Program, or both.

"Participating school district or nonpublic school" means a public school district or a nonpublic school that is required, or elects, to participate in the National School Lunch Program, the federal School Breakfast Program, or both, as the case may be.

"School breakfast program" means a program that is established and operated by a public or nonpublic school, in accordance with the requirements of the federal School Breakfast Program and, in the case of a public school, in accordance with a plan adopted pursuant to section 2 of P.L.2003, c.4 (C.18A:33-10) or section 6 of P.L.2022, c.104 (C.18A:33-10.1), and pursuant to which the school offers daily breakfasts to all enrolled students.

"School lunch program" means a program that is established and operated by a school district, or by a nonpublic school, in accordance with the requirements of the National School Lunch Program and the provisions of section 1 of P.L.1974, c.53 (C.18A:33-4), and pursuant to which the district or nonpublic school offers daily lunches to all students enrolled therein.

"Special assistance alternative" means a special nutrition assistance alternative federal reimbursement method that is authorized by the United States Department of Agriculture, pursuant to 42 U.S.C. s.1759a and 7 C.F.R. Part 245, for eligible schools that serve free meals to all enrolled students. "Special assistance alternative" includes Provision 2, Provision 3, and the Community Eligibility Provision, as described in 7 C.F.R. Part 245, as well as any other similar alternative reimbursement method that is authorized by the United States Department of Agriculture, now or in the future, for schools that serve free meals to all enrolled students.

"Student" means a child 18 years of age or younger who is enrolled at a school in the State.

"Subsidized school breakfast" or "subsidized breakfast" means a school breakfast that is offered to an eligible student, free of charge, and the costs of which are reimbursed by the State or federal government, as provided by subsections a. and b. of section 12 of P.L.2022, c.104 (C.18A:33-14a).

"Subsidized school lunch" or "subsidized lunch" means a school lunch that is offered to an eligible student, free of charge, and the costs of which are reimbursed by the State or federal government, as provided by subsections a. and b. of section 1 of P.L.1974, c.53 (C.18A:33-4).

"Subsidized school meals" or "subsidized meals" includes both subsidized school breakfasts and subsidized school lunches.

"Subsidized school meals application" means an application that identifies a student's annual household income and is completed by the student's parent or guardian, pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1), subsection c. of section 1 of P.L.2015, c.15 (C.18A:33-21), or applicable federal law, and which may be used by a school district, or by a public school or nonpublic school, both for the purposes of determining whether a student is income-eligible for subsidized school meals and for the other limited purposes specified in subsection c. of section 16 of P.L.2022, c.104 (C.18A:33-21b1).

"Subsidized school meals certification process" or "subsidized meals certification" means the process pursuant to which a school or school district obtains and reviews a student's subsidized school meals application, or engages in the review of other relevant documentation and materials pertaining to the student, as necessary to determine whether the student is categorically eligible or income-eligible for subsidized school meals under the National School Lunch Program, or under the federal School Breakfast Program, or both.

"Summer Food Service Program" means the federal reimbursement program, established under 42 U.S.C. s.1761 and 7 C.F.R. Part 225, pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help schools, local government agencies, nonprofit organizations, colleges and universities, and summer camps finance the administrative and operational costs of providing meals to children, in low-income areas, during the summer months and other planned periods of school closure.

"Summer meals program" means the Summer Food Service Program, the Seamless Summer Option authorized by 42 U.S.C. s.1761, or any other similar State or federal program that is designed to ensure that children have access to nutritious meals during the summer months and other planned periods of school closure.

"Unreimbursed costs" means the costs of a school lunch or school breakfast, which costs are not eligible for reimbursement from the federal government.

"Unsubsidized school breakfast" or "unsubsidized breakfast" means a school breakfast that is offered, upon the payment of a fee, to a student who is neither categorically eligible nor income-eligible for subsidized breakfast, regardless of whether such student remains income-eligible for subsidized school lunch under the provisions of paragraph (4) of subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4), and the cost of which breakfast is not reimbursable by the State or federal government.

"Unsubsidized school lunch" or "unsubsidized lunch" means a school lunch that is offered, upon the payment of a fee, to a student who is not categorically eligible or income-eligible for subsidized lunch, and the cost of which is not reimbursable by the State or federal government.

##### **§ 18A:33-4** School lunch, availability to all children; report to the Governor, Legislature; rules, regulations. {#sec-18a-33-4 omnilex-key=us-nj-statutes--title-18a--18A:33-4}

1. a. (1) Each school district shall make school lunch available to all students enrolled in the district, except at those schools that are exempt from the requirements of this section, as provided by section 2 of P.L.1974, c.53 (C.18A:33-5), within one year after the effective date of P.L.1974, c.53 (C.18A:33-4 et seq.). Each nonpublic school participating in the National School Lunch Program shall make school lunch available to all students enrolled at the nonpublic school within one year after the effective date of P.L.2023, c.336 (C.18A:33-14.2 et al.).

(2) School lunches offered to students, pursuant to this section, shall meet minimum nutritional standards established by the United States Department of Agriculture.

(3) School lunches offered, pursuant to this section, shall be made available, free of charge, to all students enrolled in the district or in the nonpublic school, as the case may be, who are determined to be federally eligible for free or reduced price meals. As provided by section 1 of P.L.2019, c.445 (C.18A:33-21.1), the unreimbursed costs of free lunches being made available, pursuant to this paragraph, to students who are eligible for reduced price lunch, shall be borne by the State.

(4) Notwithstanding any law, rule, or regulation to the contrary, school lunches offered to students, pursuant to this section, shall also be made available, free of charge, to those students enrolled in the participating school district or nonpublic school, who are federally ineligible for free or reduced price meals, in accordance with the following schedule: (a) during the 2023-2024 school year, to each enrolled student who is federally ineligible for free or reduced price meals, but who has an annual household income that is not less than 186 percent, and not more than 199 percent, of the federal poverty level, as determined pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1); and (b) during the 2024-2025 school year, to each enrolled student who is federally ineligible for free or reduced price meals, but who has an annual household income that is not less than 186 percent, and not more than 224 percent, of the federal poverty level, as determined pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1).

b. The State shall provide funding to each participating school district and nonpublic school, as may be necessary to reimburse the cost of free lunches being served thereby to federally ineligible students, pursuant to paragraph (4) of subsection a. of this section.

c. The Department of Agriculture, in consultation with the Department of Education, shall annually prepare and submit, to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, a written report that identifies, for each participating school district and nonpublic school in the State:

(1) the methods that are being used thereby to facilitate the prompt identification and subsidized meals certification of students who are, respectively, categorically eligible or income-eligible for free or reduced price lunch under the National School Lunch Program;

(2) the total number and percentage of students receiving subsidized school lunches in the preceding school year who have been determined to be, respectively, federally eligible for free school lunch, federally eligible for reduced price lunch, income-eligible for free school lunch on the basis of State-level income eligibility requirements, or neither categorically eligible nor income-eligible for free or reduced price school lunch; and

(3) the number and percentage of all students, identified pursuant to paragraph (2) of this subsection, who are, respectively, from low-income families and from middle-income families.

d. The Department of Agriculture, in consultation with the Department 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 implement the provisions of this section, including, but not limited to, rules and regulations establishing a schedule for, and identifying the manner in which, State-level reimbursements are to be made pursuant to subsection b. of this section.

##### **§ 18A:33-5** Exemptions {#sec-18a-33-5 omnilex-key=us-nj-statutes--title-18a--18A:33-5}

Any school at which less than five percent of enrolled students are federally eligible for a free or reduced price lunch shall be exempt from the provisions of P.L.1974, c.53 (C.18A:33-1 et seq.).

##### **§ 18A:33-6** Display of poster illustrating choke prevention techniques {#sec-18a-33-6 omnilex-key=us-nj-statutes--title-18a--18A:33-6}

Each local board of education shall:

a. Ensure that posters illustrating choke prevention techniques such as the "Heimlich Maneuver" are prominently displayed in all school cafeterias, faculty dining rooms and all other public school locations designated as places where food is consumed;

b. Have pamphlets illustrating choke prevention techniques available in every school for free distribution to students; and

c. Utilize, for the purposes of this section, instructional posters and pamphlets prepared by the Department of Health pursuant to P.L.1983, c.488 (C.26:3E-1 et seq.).

##### **§ 18A:33-7** Posting of drinking water test reports by public schools. {#sec-18a-33-7 omnilex-key=us-nj-statutes--title-18a--18A:33-7}

6. a. The principal of every public school who is required to prepare a Consumer Confidence Report pursuant to the "Safe Drinking Water Act Amendments of 1996,"42 U.S.C.s.300f et al., or who receives a Consumer Confidence Report from the owner or operator of a public community water system, shall post each Consumer Confidence Report the principal prepares or receives in a conspicuous location near each major entrance to the public school.

b. The principal of every public school who is a supplier of water but is not required to prepare a Consumer Confidence Report pursuant to the "Safe Drinking Water Act Amendments of 1996," and who is required to conduct tests of its drinking water by the Department of Environmental Protection, shall post a chart setting forth the results of the water tests, including the level of detection and, as appropriate for each contaminant, the maximum contaminant level, highest level allowed, action level, treatment technique, or other expression of an acceptable level, for each contaminant, in a conspicuous location near each major entrance to the public school. The chart also shall include in bold print the statement required to be included in a Consumer Confidence Report pursuant to 40 CFR s.141.154(a). The chart shall not include contaminants that are not detected.

c. The provisions of this section shall be enforced by the Department of Education. The Department of Education shall not be required to conduct on-site inspections to determine compliance with this section more frequently than any on-site inspections of public schools are conducted by the department pursuant to any other law.

##### **§ 18A:33-8** Posting of drinking water test reports by nonpublic schools. {#sec-18a-33-8 omnilex-key=us-nj-statutes--title-18a--18A:33-8}

7. a. The chief administrative officer of every nonpublic school required to prepare a Consumer Confidence Report pursuant to the "Safe Drinking Water Act Amendments of 1996,"42 U.S.C.s.300f et al., or who receives a Consumer Confidence Report from the owner or operator of a public community water system, shall post each Consumer Confidence Report the chief administrative officer prepares or receives in a conspicuous location near each major entrance to the nonpublic school.

b. The chief administrative officer of every nonpublic school which is a supplier of water but is not required to prepare a Consumer Confidence Report pursuant to the "Safe Drinking Water Act Amendments of 1996," and who is required to conduct tests of its drinking water by the Department of Environmental Protection, shall post a chart setting forth the results of the water tests, including the level of detection and, as appropriate for each contaminant, the maximum contaminant level, highest level allowed, action level, treatment technique, or other expression of an acceptable level, for each contaminant, in a conspicuous location near each major entrance to the nonpublic school. The chart also shall include in bold print the statement required to be included in a Consumer Confidence Report pursuant to 40 CFR s.141.154(a). The chart shall not include contaminants that are not detected.

c. The provisions of this section shall be enforced by the Department of Education. The Department of Education shall not be required to conduct on-site inspections to determine compliance with this section more frequently than any on-site inspections of nonpublic schools are conducted by the department pursuant to any other law.

##### **§ 18A:33-8.1** Definitions. {#sec-18a-33-8.1 omnilex-key=us-nj-statutes--title-18a--18A:33-8.1}

1. As used in this act:

"Drinking fountain" means a plumbing fixture that is connected to the potable water distribution system and drainage system that allows a user to obtain a drink directly from a stream of flowing water without the use of any accessory.

"Filtered bottle-filling station" or "station" means an apparatus that:

is connected to customer site piping;

filters water and is certified to meet NSF/ANSI standard 53 for lead reduction and NSF/ANSI standard 42 for particulate removal;

has a flow rate through the station that is paired to the specified flow rate of the filter cartridge;

has a light or other device to indicate filter cartridge replacement status;

is designed to fill drinking bottles or other containers for personal water consumption; and

includes a drinking fountain.

"Filtered faucet" means a faucet that at the point of use includes a filter that is certified to meet NSF/ANSI standard 53 for lead reduction and NSF/ANSI standard 42 for particulate removal.

##### **§ 18A:33-8.2** School Lead Filters program. {#sec-18a-33-8.2 omnilex-key=us-nj-statutes--title-18a--18A:33-8.2}

2. a. No later than 180 days after the date of enactment of this act, the Commissioner of Education shall establish a School Lead Filters program to provide grants, subject to available appropriations, for the purchase and installation of point-of-use filtered bottle-filling stations and filtered faucets in public schools. Public schools may apply to the Department of Education for a grant in a form and manner as determined by the commissioner.

b. The commissioner shall advertise the availability of the grants to public schools and shall publish information about the program on the department's Internet website.

c. In awarding grants pursuant to this section, the commissioner shall give priority to public schools that demonstrate significant water quality issues, as evidenced by test results, reports from the Department of Environmental Protection, or reliable data sources indicating elevated levels of lead and other contaminants in drinking water and to public schools that have not already installed point-of-use filtered bottle-filling stations or filtered faucets.

##### **§ 18A:33-8.3** Guidance relative to installing point-of-use filtered bottle-filling stations, filtered faucets. {#sec-18a-33-8.3 omnilex-key=us-nj-statutes--title-18a--18A:33-8.3}

3. No later than six months after the date of enactment of this act, the commissioner may develop and disseminate guidance to public schools to assist in the development of plans for installing point-of-use filtered bottle-filling stations and filtered faucets. The resources may include information on factors that a school should consider when selecting and siting point-of-use filtered bottle-filling stations and filtered faucets, and for regularly replacing filter cartridges.

##### **§ 18A:33-8.4** Report to Governor, Legislature. {#sec-18a-33-8.4 omnilex-key=us-nj-statutes--title-18a--18A:33-8.4}

4. No later than six months after the end of the 2025-2026 school year, the commissioner shall submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature on the implementation of the grant program. The report shall include information on the number of grants applied for, the number of grants awarded, and the commissioner's recommendation as to how much additional funding would be needed to meet total demand in all public schools.

##### **§ 18A:33-9** Findings, declarations relative to school breakfast programs {#sec-18a-33-9 omnilex-key=us-nj-statutes--title-18a--18A:33-9}

1. The Legislature finds and declares that:

a. The federal School Breakfast Program is a federally assisted meal program that is implemented in public and nonprofit private schools and residential child care institutions nationwide, and is designed to ensure that each participating child receives breakfast containing at least one-fourth of the nutrients needed daily.

b. The federal School Breakfast Program was established in 1966 with the purpose of providing a nutritious, well-balanced breakfast to promote sound eating habits, and fostering good health and academic achievement for school-age children.

c. New Jersey ranks fiftieth in the nation for participation in the federal School Breakfast Program by schools offering school lunch, and the State has seen only modest increases in participation in recent years.

d. Research shows that school breakfast increases attendance and decreases tardiness, improves academic performance both in class and on standardized tests, improves attentiveness, and reduces emotional and behavioral problems among students from all backgrounds.

e. Based on the foregoing findings, it is clearly in the public interest for the State to require school districts to offer school breakfasts through the federal School Breakfast Program, and to publicize the availability of such breakfasts in their communities.

##### **§ 18A:33-10** Establishment of School Breakfast Program in certain schools {#sec-18a-33-10 omnilex-key=us-nj-statutes--title-18a--18A:33-10}

2. a. (1) A public school operated by a local or regional school district of the State in which 20 percent or more of the students enrolled in the school on October 1 of the preceding school year were federally eligible for free or reduced price meals under the National School Lunch Program or the federal School Breakfast Program, shall establish a school breakfast program in the school.

(2) A school district shall submit a school breakfast program plan for each school in the district that is subject to the requirements of paragraph (1) of this subsection. The plan for each school shall be adopted in compliance with, and pursuant to, federal School Breakfast Program requirements, and shall be submitted to the Department of Agriculture by the date required by subsection b. of this section, in a form and manner prescribed by the Secretary of Agriculture.

(3) Following the enactment of P.L.2022, c.104 (C.18A:33-3.2 et al.), a school district shall submit a new school breakfast program plan, in accordance with the provisions of section 6 of P.L.2022, c.104 (C.18A:33-10.1), for each school in the district that is subject to the requirements of paragraph (1) of this subsection. A new plan adopted pursuant to this paragraph and section 6 of P.L.2022, c.104 (C.18A:33-10.1) shall supersede any plan previously adopted for the school, pursuant to this section, and the adoption of a new plan under this paragraph and section 6 of P.L.2022, c.104 (C.18A:33-10.1) shall cause the plan previously adopted under paragraph (2) of this subsection to become void and inoperable.

b. (1) A school district shall submit a plan, by November 1, 2003, for all grades of each school that has one or more of the grades pre-K through sixth grade and for which a plan is required by paragraph (2) of subsection a. of this section.

(2) A school district shall submit a plan, by November 1, 2004, for all grades of each school, other than the schools described in paragraph (1) of this subsection, for which a plan is required by paragraph (2) of subsection a. of this section.

c. The Department of Agriculture, in consultation with the Department of Education, shall review each school breakfast plan submitted pursuant to this section and make recommendations, if necessary, regarding how the school breakfast program can operate within the limits of the federal and State reimbursement rates for the federal School Breakfast Program.

d. The Department of Agriculture shall notify each school district that submits a school breakfast plan, pursuant to this section, of the completion of the department's review and any recommended changes to the plan, within three months after receipt of the plan, but no later than the February 1 following the date required for submission of the plan pursuant to subsection b. of this section.

e. A school district shall establish a school breakfast program in each of its schools, based on the plan submitted pursuant to paragraph (2) of subsection a. of this section, by September 1, 2004 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by September 1, 2005 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section.

f. (1) If a school district does not submit a school breakfast plan to the Department of Agriculture, pursuant to paragraph (2) of subsection a. of this section, by the date required by subsection b. of this section, it shall establish a school breakfast program, in each of its schools in which a program is required pursuant to paragraph (1) of subsection a. of this section, based on a model plan provided by the department.

(2) The model plan developed by the department, for the purposes of this section, shall include recommendations on how a school breakfast program can operate within the limits of the federal and State reimbursement rates for the federal School Breakfast Program.

(3) The Department of Agriculture shall provide the model plan to the school district no later than March 1, 2004 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by March 1, 2005 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section, and the school district shall establish the school breakfast program in each of its schools, based on the model plan, by September 1, 2004 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by September 1, 2005 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section.

##### **§ 18A:33-10.1** Breakfast program established in schools, certain; plan, form submission. {#sec-18a-33-10.1 omnilex-key=us-nj-statutes--title-18a--18A:33-10.1}

6. a. (1) Notwithstanding the provisions of section 2 of P.L.2003, c.4 (C.18A:33-10) to the contrary, following the enactment of P.L.2022, c.104 (C.18A:33-3.2 et al.), each public school in the State in which 10 percent or more of the students enrolled in the school on October 1 of the preceding school year were federally eligible for free or reduced price meals under the National School Lunch Program or the federal School Breakfast Program shall establish a breakfast program in the school.

(2) A school district shall submit, to the Department of Agriculture, a school breakfast program plan for each school in the district that is subject to the requirements of paragraph (1) of this subsection. The plan shall be submitted in a form and manner prescribed by the Secretary of Agriculture and in accordance with the timeframes specified by subsection b. of this section.

b. (1) A plan for all grades in each school having one or more of the grades pre-K through sixth grade, shall be submitted by November 1, 2023.

(2) A plan for all grades in each school not described in paragraph (1) of this subsection shall be submitted by November 1, 2024.

c. The Department of Agriculture, in consultation with the Department of Education, shall review each school breakfast program plan submitted pursuant to this section and make recommendations, if necessary, regarding how the school breakfast program can operate most effectively, in accordance with federal School Breakfast Program requirements and the provisions of section 12 of P.L.2022, c.104 (C.18A:33-14a). The Department of Agriculture shall notify each school district of the completion of the department's review and any recommended changes to the plan, within 90 days after receipt thereof.

d. A school district shall establish a school breakfast program in each of its schools, based on the plan submitted pursuant to paragraph (2) of subsection a. of this section, by September 1, 2024 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by September 1, 2025 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section.

e. (1) If a school district does not submit a school breakfast plan to the Department of Agriculture by the date required by subsection b. of this section, the district shall establish a school breakfast program, in each school for which a plan has not been submitted, based on a model plan provided by the department.

(2) The model plan developed by the department, for the purposes of this subsection, shall include recommendations on how a school breakfast program can operate in accordance with federal School Breakfast Program requirements and the provisions of section 12 of P.L.2022, c.104 (C.18A:33-14a).

(3) The department shall provide the model plan to a school district that is subject to this subsection by March 1, 2024 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by March 1, 2025 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section, and the school district shall establish the school breakfast program in each of its schools, based on the model plan, by September 1, 2024 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by September 1, 2025 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section.

f. (1) A school, or a school district acting on behalf of a school in the district, may, in a form and manner prescribed by the Department of Agriculture, apply to the department for a waiver of the breakfast program requirements established pursuant to paragraph (1) of subsection a. of this section.

(2) The department shall grant a waiver of the breakfast program requirements established pursuant to paragraph (1) of subsection a. of this section, and shall continue a waiver pursuant to paragraph (4) of this subsection, if the school, or the school district acting on behalf of the school, demonstrates to the department's satisfaction that the provision of a breakfast program at the school will result in financial hardship for either the school or the school district. Conditions under which a waiver may be granted shall include, but need not be limited to, the following:

(a) there is a lack of facilities or equipment necessary to offer a school breakfast program at the school, and the acquisition of such facilities or equipment would cause financial hardship to the school or school district; or

(b) program participation rates at the school are either too low to allow the program to operate on a cost-effective basis or would cause substantial scheduling difficulties.

(3) Not more frequently than biennially, the department may request that updated financial and demographic information be submitted to the department by a school, or by a school district acting on behalf of a school, which has obtained a waiver of school breakfast program requirements pursuant to this subsection. A school or school district, upon such request, shall submit the updated financial and demographic information in a form and manner and within a timeframe prescribed by the department.

(4) The department shall rescind a waiver previously granted under this subsection if it determines, based upon its review of updated financial and demographic information submitted pursuant to paragraph (3) of this subsection, that there has been a change in circumstances that has eliminated the financial hardship warranting continuation of the waiver pursuant to paragraph (2) of this subsection. Nothing in this paragraph shall be deemed to prohibit a school or school district from submitting a new waiver application, pursuant to paragraph (1) of this subsection, in one or more years following the rescission of a waiver pursuant to this paragraph.

(5) The department shall establish standards and procedures for the filing of waiver applications and the awarding and rescission of waivers pursuant to this subsection.

##### **§ 18A:33-11** Implementation of school breakfast program by district. {#sec-18a-33-11 omnilex-key=us-nj-statutes--title-18a--18A:33-11}

3. In implementing a school lunch program, pursuant to P.L.1974, c.53 (C.18A:33-4 et seq.), a school breakfast program, pursuant to P.L.2003, c.4 (C.18A:33-9 et seq.) or section 6 of P.L.2022, c.104 (C.18A:33-10.1), or a breakfast after the bell program, pursuant to section 1 of P.L.2014, c.66 (C.18A:33-11.1) or section 2 of P.L.2018, c.25 (C.18A:33-11.3), each school and school district shall:

a. publicize, to parents and students, the availability of the respective school meals program, as well as the various ways in which a student may qualify to receive subsidized school meals under the program, as provided by subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4) and subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a);

b. make every effort to ensure that students receiving subsidized school meals are not identified, by the student body, faculty, or staff, in a manner that is distinct from the manner in which students receiving unsubsidized school meals are identified as program participants. Such efforts shall include, but need not be limited to, the establishment of a neutral meal plan or voucher system that does not make a distinction between these two groups of students; and

c. to the greatest extent practicable:

(1) facilitate and expedite the prompt and accurate identification of categorically eligible students who may be certified to receive subsidized school meals without first submitting an application therefor, and, whenever an application is required to establish income eligibility for subsidized meals, encourage students and their families to submit a subsidized school meals application for that purpose;

(2) facilitate and expedite the subsidized school meals application and income eligibility determination processes that are used, by the school or school district, to certify a student for subsidized school meals on the basis of income, and assist parents and guardians in completing the subsidized school meals application; and

(3) encourage students who are neither categorically eligible nor income-eligible for subsidized school lunch or subsidized school breakfast to nonetheless participate in the school lunch program or school breakfast program, or both, as appropriate, on a paid and unsubsidized basis.

##### **§ 18A:33-11.1** "Breakfast after the bell" program; report to Governor, Legislature. {#sec-18a-33-11.1 omnilex-key=us-nj-statutes--title-18a--18A:33-11.1}

1. a. A public school operated by a school district that participates in the federal School Breakfast Program, or a nonpublic school participating in the federal School Breakfast Program, is encouraged to increase the number of students participating in the program by establishing a breakfast after the bell program that incorporates school breakfast into the first-period classroom or the first few minutes of the school day.

b. The Department of Agriculture, in consultation with the Department of Education shall:

(1) make every effort to assist, guide, and support school districts, public schools, and nonpublic schools in planning, establishing, implementing, or modifying a breakfast after the bell program to increase the number of students, especially the number of students from low-income families and middle-income families, who are participating in each school breakfast program.

(2) (Deleted by amendment, P.L.2022, c.104)

##### **§ 18A:33-11.2** Findings, declarations relative to the "breakfast after the bell" program. {#sec-18a-33-11.2 omnilex-key=us-nj-statutes--title-18a--18A:33-11.2}

1. The Legislature finds and declares that numerous studies document that childhood hunger impedes learning and can cause lifelong health problems; and that, in New Jersey, tens of thousands of children suffer from hunger each year, with nearly 540,000 students living in low-income families that are federally eligible for free or reduced price school meals.

The Legislature further finds and declares that New Jersey schools have made great strides in serving breakfast to more students at the start of the school day, achieving a 73 percent increase since 2010; and that, despite this progress, only 44 percent of low-income students in New Jersey received breakfast through the federal School Breakfast Program, according to the most recent data published by Advocates for Children of New Jersey, meaning that approximately 304,000 low-income students who were already enrolled in the program, as of April 2017, were not served this all-important morning meal.

The Legislature further finds and declares that New Jersey law, at section 2 of P.L.2003, c.4 (C.18A:33-10), requires a public school to provide school breakfast to its students if 20 percent or more of the students enrolled in the school on October 1 of the preceding school year were federally eligible for free or reduced price meals; that section 6 of P.L.2022, c.104 (C.18A:33-10.1) expands existing law so as to require a public school to provide school breakfast to students if 10 percent or more of the students enrolled in the school on October 1 of the preceding school year were federally eligible for free or reduced priced meals; that, despite these breakfast program requirements, current law does not specify how breakfast is to be served to students; and that, by requiring high-poverty schools to serve breakfast to students through a breakfast after the bell program, New Jersey schools will reach a much larger percentage of children in need, thereby helping to further their academic success.

The Legislature further finds and declares that the federal government reimburses schools for each meal served, and that this expansion can, therefore, be easily accomplished; that, since 2010, the amount of federal school breakfast reimbursements has more than doubled from about $45 million to an anticipated $105 million in fiscal year 2018; and that Advocates for Children of New Jersey estimates that school districts could collect an additional $89 million in federal funds for school breakfast each year if breakfast is served during the first few minutes of the school day.

The Legislature, therefore, determines that: it shall be the public policy of the State to help remove a major barrier to learning by providing children the nutrition they need to succeed in school; it is the understanding and the intention of the Legislature to make breakfast an integral part of the school day; and the implementation of breakfast after the bell programs is the most effective way to ensure that all students have the morning nutrition they need to concentrate, learn, and succeed in school.

##### **§ 18A:33-11.3** Establishment of "breakfast after the bell" program in certain public schools. {#sec-18a-33-11.3 omnilex-key=us-nj-statutes--title-18a--18A:33-11.3}

2. a. Every public school in which 70 percent or more of the students enrolled in the school on or before the last school day before October 16 of the preceding school year were federally eligible for free or reduced price meals under the National School Lunch Program or the federal School Breakfast Program, shall establish a breakfast after the bell program.

b. (1) (a) No later than six months following the effective date of P.L.2018, c.25 (C.18A:33-11.2 et seq.), each school district shall submit, to the Department of Agriculture, a plan for the establishment of a breakfast after the bell program for all grades at each of the district's schools that are subject to the requirements of this section. The plan shall comply with the requirements of the federal School Breakfast Program.

(b) No later than the first full school year following the submission of the plan, the school district shall establish a breakfast after the bell program in each of its schools that are subject to the requirements of this section, in accordance with the plan submitted pursuant to this paragraph.

(2) (a) No later than six months after the effective date of P.L.2022, c.104 (C.18A:33-3.2 et al.), each school district shall submit, to the Department of Agriculture, a revised breakfast after the bell plan for each school in the district that is subject to the requirements of this section. The revised plan shall comply with federal School Breakfast Program requirements and the provisions of section 12 of P.L.2022, c.104 (C.18A:33-14a).

(b) No later than the first full school year following the submission of a revised plan pursuant to this paragraph, the school district shall modify the breakfast after the bell program operating in each of its schools that are subject to the requirements of this section, as may be necessary to implement the provisions of the revised plan.

(3) The Department of Agriculture, in consultation with the Department of Education, shall review each revised plan submitted pursuant to this subsection and make recommendations, if necessary, regarding how a school's breakfast after the bell program can operate most effectively, in accordance with the federal School Breakfast Program requirements and the provisions of section 12 of P.L.2022, c.104 (C.18A:33-14a). The Department of Agriculture shall notify each school district that submits a plan pursuant to this subsection of the completion of the department's review, and of any recommended changes to the plan, within 90 days after receipt thereof.

c. Upon application, a school district may be granted a waiver by the Department of Agriculture of the requirements of this section for any school in which more than 70 percent of eligible students received a meal under the school breakfast program during the preceding school year. A school district that requests a waiver shall provide relevant information, as may be required by the Department of Agriculture, to justify the request.

d. No later than three months after the effective date of P.L.2018, c.25 (C.18A:33-11.2 et seq.), the Department of Agriculture shall provide each school district with a list of resources that are available for the purposes of this section.

##### **§ 18A:33-11.5** Guidelines. {#sec-18a-33-11.5 omnilex-key=us-nj-statutes--title-18a--18A:33-11.5}

4. The Department of Agriculture, in consultation with the Department of Education, shall develop guidelines to facilitate the implementation and operation of breakfast after the bell programs by schools in the State, in accordance with the provisions of section 1 of P.L.2014, c.66 (C.18A:33-11.1), sections 1 and 2 of P.L.2018, c.25 (C.18A:33-11.2 and C.18A:33-11.3), and section 12 of P.L.2022, c.104 (C.18A:33-14a), including, but not limited to, guidelines, consistent with the provisions of section 1 of P.L.2015, c.15 (C.18A:33-21), concerning a school's receipt of payment, from students, for unsubsidized school breakfasts that are served to such students under a breakfast after the bell program.

##### **§ 18A:33-11.6** Rules, regulations. {#sec-18a-33-11.6 omnilex-key=us-nj-statutes--title-18a--18A:33-11.6}

5. The Department of Agriculture, in consultation with the Department of Education, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to effectuate the purposes of this act.

##### **§ 18A:33-11.7** Department of Agriculture, provision of "breakfast after the bell" per meal financial supplement; annual report; funds appropriation. {#sec-18a-33-11.7 omnilex-key=us-nj-statutes--title-18a--18A:33-11.7}

1. a. The Department of Agriculture, in consultation with the Department of Education, shall provide a 10-cent per breakfast supplement to the existing federal reimbursement to school districts that participate in the federal school breakfast program by providing "breakfast after the bell."

b. The Department of Agriculture, in consultation with the Department of Education, shall provide guidance and support to school districts necessary to effectuate the purposes of this act.

c. The Department of Agriculture, in consultation with the Department of Education, shall prepare and issue an annual report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature on the annual cost of the breakfast supplement to the State, and the number of additional students, since the prior year, participating in the "breakfast after the bell" program for each school district.

d. The Legislature shall annually appropriate such funds as are necessary to implement this act.

##### **§ 18A:33-13** Construction of act {#sec-18a-33-13 omnilex-key=us-nj-statutes--title-18a--18A:33-13}

5. Nothing in this act shall be construed to prevent a school district not subject to this act from implementing a school breakfast program pursuant to section 2 of this act.

##### **§ 18A:33-14** Rules, regulations {#sec-18a-33-14 omnilex-key=us-nj-statutes--title-18a--18A:33-14}

6. The Department of Agriculture, in consultation with the Department of Education, shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), concerning the revision of school breakfast plans for schools that have a participation rate of less than 50% of eligible students in a school breakfast program during any year of the program, and other matters necessary to effectuate the purposes of this act

##### **§ 18A:33-14a** School breakfast, minimum nutritional standards, eligibility. {#sec-18a-33-14a omnilex-key=us-nj-statutes--title-18a--18A:33-14a}

12. a. (1) School breakfasts made available to students under a school breakfast program or a breakfast after the bell program shall meet minimum nutritional standards, established by the United States Department of Agriculture.

(2) Breakfasts that are offered, by a participating school district or nonpublic school, under a school breakfast program or a breakfast after the bell program, shall be made available, free of charge, to all students enrolled in the district or in the nonpublic school, as the case may be, who are determined to be federally eligible for free or reduced price meals. As provided by section 1 of P.L.2019, c.445 (C.18A:33-21.1), the unreimbursed costs of free breakfasts being made available, pursuant to this paragraph, to students who are federally eligible for reduced price breakfast, shall be borne by the State.

(3) Notwithstanding any law, rule, or regulation to the contrary, breakfasts offered under a school breakfast program or a breakfast after the bell program shall also be made available, free of charge, to each enrolled student who is determined to be federally ineligible for free or reduced price meals, but who has an annual household income amounting to not less than 186 percent, and not more than 224 percent, of the federal poverty level, as determined pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1). As provided by subsection b. of this section, the unreimbursed costs of free breakfasts being offered to federally ineligible students, pursuant to this paragraph, shall be borne by the State.

b. The State shall provide funding to each school that operates a School Breakfast Program or a breakfast after the bell program, as may be necessary to reimburse the costs associated with the school's provision of free breakfasts, pursuant to paragraph (4) of subsection a. of this section, to students who are federally ineligible for free or reduced price meals.

c. The Department of Agriculture, in consultation with the Department of Education, shall annually prepare and issue, to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, a written report that identifies, for each participating school district and nonpublic school in the State:

(1) the methods that are being used, by each such school or school district, to facilitate the prompt identification and subsidized meals certification of students who are categorically eligible or income-eligible for free or reduced price breakfast under the federal School Breakfast Program;

(2) the total number and percentage of students receiving subsidized school breakfasts, in the preceding year, who have been determined to be, respectively, federally eligible for free school breakfast, federally eligible for reduced price school breakfast, income-eligible for free school breakfast on the basis of State-level income eligibility requirements, or neither categorically eligible nor income-eligible for free or reduced price school breakfast; and the number and percentage of all such students who are, respectively, from low-income families and from middle-income families; and

(3) the methods that are being used, by each such school and district, to provide breakfast to students under the federal School Breakfast Program, including an indication as to whether breakfast is being provided to students through a breakfast after the bell program.

d. The Department of Agriculture, in consultation with the Department 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 implement the provisions of this section, including, but not limited to, rules and regulations establishing a schedule for, and identifying the manner in which, State-level reimbursements are to be made pursuant to subsection b. of this section.

##### **§ 18A:33-14b** Findings, declarations. {#sec-18a-33-14b omnilex-key=us-nj-statutes--title-18a--18A:33-14b}

1. The Legislature finds and declares that:

a. Child and adolescent obesity has reached epidemic levels in the United States and poor diet combined with the lack of physical activity negatively impacts students' health and their ability and motivation to learn.

b. In New Jersey, the current obesity rate for children and adolescents between the ages of 10 and 17 is 14.8 percent, which is the 28th highest child and adolescent obesity rate in the nation.

c. Over the past 15 years, policymakers have taken significant steps to implement new approaches through the National School Lunch Program and federal School Breakfast Program in order to address child and adolescent obesity.

d. Federally subsided meal programs, which include the National School Lunch and federal School Breakfast Program, are required to have nutrition standards that meet specific dietary guidelines. These guidelines can help prevent chronic diseases like obesity, heart disease, high blood pressure, and Type 2 diabetes.

e. Under the nutrition regulations adopted in July 2012 under the federal "Healthy, Hunger-Free Kids Act of 2010," public schools were required to reduce the amount of calories, fat, and sodium in school cafeterias and increase offerings of whole grains, fruits and vegetables, and nonfat milk to the roughly 32 million students who receive federally subsidized meals.

f. Public schools have worked diligently to overcome operational challenges in the National School Lunch and federal School Breakfast Programs created by meeting sodium, whole grain-rich, and milk requirements and, by 2016, at least 90 percent of schools were compliant in every state.

g. These stringent nutrition standards have helped to reduce the obesity rate for children and adolescents between the ages of 10 and 17.

h. In April 2024, the United States Department of Agriculture adopted a final rule titled "Child Nutrition Programs: Meal Patterns Consistent with the 2020-2025 Dietary Guidelines for Americans" in 7 C.F.R. Part 210, Part 215, Part 220, Part 225, and Part 226, setting forth changes in child nutrition programs concerning nutrition requirements, menu flexibility, and program operations, to be effective for the 2025-2026 school year unless otherwise phased in. The changes were based on a comprehensive review of the Dietary Guidelines for Americans, stakeholder input on the meal patterns, and lessons from prior rulemaking.

i. Pursuant to these federal regulations, 80 percent of weekly grains served must be whole grain-rich.

j. The federal regulations also phase in new sodium content mandates and, beginning July 1, 2027, require schools to reduce the lunch meal sodium content by 15 percent and the breakfast meal sodium content by 10 percent.

k. The federal regulations also impose new, lower product-based added sugar limits for breakfast cereals, yogurt, and flavored milk, beginning in the 2025-2026 school year. Flavored milk must not contain more than 10 grams of added sugars per eight fluid ounces. Beginning in the 2027-2028 school year, in addition to product based limits, added sugars must be less than 10 percent of calories per week in the school lunch and breakfast programs.

l. It is important for public schools in the State to abide by the updated nutrition guidelines in the federal regulations at 7 C.F.R. Part 210, Part 215, Part 220, Part 225, and Part 226, in order for the State to continue to reduce the obesity rate for children and adolescents.

m. These federal regulations provide flexibilities in meeting the standards and are also stricter in various areas.

##### **§ 18A:33-14c** National School Lunch Program, School Breakfast Program nutrition standards, compliance for participants. {#sec-18a-33-14c omnilex-key=us-nj-statutes--title-18a--18A:33-14c}

2. a. A public school and a nonpublic school participating in the National School Lunch Program and the federal School Breakfast Program shall comply with the nutrition standards for the National School Lunch Program and federal School Breakfast Program and competitive foods sold in schools established in 7 C.F.R. Part 210, Part 215, Part 220, Part 225, and Part 226, as required to be implemented by July 1, 2027, as in effect on July 1, 2024, or any other more stringent nutrition standards adopted at the federal level in the future.

b. All reimbursable meals under the National School Lunch Program and the federal School Breakfast Program shall comply with the current nutrition standards for the National School Lunch Program and federal School Breakfast Program established in 7 C.F.R. Part 210, Part 215, Part 220, Part 225, and Part 226, as required to be implemented by July 1, 2027, as in effect on July 1, 2024, or any other more stringent nutrition standards adopted at the federal level in the future.

c. As used in this section, "competitive foods" means all food and beverage items sold at school other than meals served through the United States Department of Agriculture's school meal programs on the school campus at any time during the school day.

##### **§ 18A:33-14.1** Report of nonparticipation in school meal programs. {#sec-18a-33-14.1 omnilex-key=us-nj-statutes--title-18a--18A:33-14.1}

1. a. (1) Each school district or nonpublic school that participates in the National School Lunch Program or the federal School Breakfast Program shall take steps to maximize the use of federal resources and to minimize the debt that is incurred by families for school meals, in accordance with a protocol established by the Department of Agriculture. The protocol established by the department, pursuant to this paragraph, shall be adopted within 180 days after the effective date of P.L.2022, c.104 (C.18A:33-3.2 et al.), in consultation with the Department of Education, the School Nutrition Association of New Jersey, and all relevant stakeholders, shall be reviewed and updated on at least an annual basis thereafter, and shall provide for participating school districts and nonpublic schools to: (a) promote the prompt and accurate subsidized meals certification of all eligible students enrolled therein, in accordance with the provisions of P.L.2022, c.104 (C.18A:33-3.2 et al.); and (b) identify best practices to maximize the receipt and use of federal resources by the district's schools.

(2) The Department of Agriculture and Department of Education, in cooperation with each other, shall consult with, and provide direct assistance to, participating school districts and nonpublic schools to help them improve, simplify, and expedite the subsidized school meals certification process and otherwise reduce the administrative burden on schools and school districts that results from such process.

(3) A school that serves lunch or breakfast to students and is eligible for special federal reimbursement under the Community Eligibility Provision, as provided by 7 C.F.R. Part 245, shall, to the greatest extent practicable, participate in, and maximize the receipt of federal resources available under, that special assistance alternative. Every school district in which there is at least one school that qualifies for the Community Eligibility Provision, but is not implementing it, shall report the reasons therefor, in writing, to the Department of Agriculture and the Department of Education, in the manner prescribed by those departments. The report shall include, but need not be limited to, a description of the specific impediments at the school district to implementing the program, the specific actions that could be taken to remove those impediments, and the specific steps required to successfully implement the program in the following school year.

b. The Department of Agriculture, in consultation with the Department of Education, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to effectuate the purposes of this section.

c. (Deleted by amendment, P.L.2022, c.104)

##### **§ 18A:33-14.2** Annual review of costs, school meal programs; rules, regulations. {#sec-18a-33-14.2 omnilex-key=us-nj-statutes--title-18a--18A:33-14.2}

7. a. A school district or nonpublic school that participates in the National School Lunch Program or the federal School Breakfast Program shall annually review the costs being expended thereby, in association with the implementation and expansion of school lunch and breakfast programs at schools in the district or at the nonpublic school, as the case may be, and shall take appropriate steps to minimize or offset those program costs, to the extent that such costs can be minimized or offset without compromising the ability of the participating school district or nonpublic school to comply with minimum nutritional standards and other program requirements established pursuant to State or federal law.

b. The Department of Agriculture, in consultation with the Department of Education, shall:

(1) monitor, and engage in the inspection and oversight of, each school lunch program and school breakfast program operating pursuant to this chapter, as necessary to ensure that school meals being served to students in the State continue to satisfy minimum nutritional standards, on an ongoing basis, as required by paragraph (2) of subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4) and paragraph (1) of subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a);

(2) develop and publicize best practices, protocols, and model plans to help school districts effectively minimize and offset program costs, as required by this section, without compromising the nutritional value of meals being served to students; and

(3) work cooperatively with each participating school district and nonpublic school in the State to: (a) review the costs being expended by the district, and by each participating school, in association with the implementation and expansion of one or more school meals programs therein; (b) identify various means and methods by which program costs can be reduced, curtailed, eliminated, or offset without sacrificing the ability of the participating school district or nonpublic school to operate its school meals programs in compliance with minimum nutritional standards and other applicable State and federal requirements; (c) provide recommendations to help participating school districts and nonpublic schools timely and proactively address financial problems that have reduced, or that have the potential to reduce, their ability to properly or fully administer their school meals programs in compliance with minimum nutritional standards, expanded eligibility requirements, and all other applicable State and federal requirements; and (d) undertake, or recommend the undertaking of, other appropriate actions as may be necessary to prevent the State's school meals programs from becoming overly bloated with unnecessary expenses or otherwise becoming financially burdensome to participating school districts and nonpublic schools.

c. The Department of Agriculture, in consultation with the Department of Education, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to effectuate the purposes of this section.

##### **§ 18A:33-14.3** Working Group on School Food Security. {#sec-18a-33-14.3 omnilex-key=us-nj-statutes--title-18a--18A:33-14.3}

8. a. Not more than 180 days after the effective date of P.L.2023, c.336 (C.18A:33-14.2 et al.), the Office of the Food Security Advocate, established pursuant to P.L.2021, c.242 (C.52:27J-1 et seq.), shall establish a Working Group on School Food Security to identify and develop best practices, policies, and plans, and to take other appropriate action, to promote and facilitate the effective functioning of the State's school meals programs and the expanded provision, thereunder, of free school meals to students in the State.

b. Within one year after its formation pursuant to subsection a. of this section, and on a regular basis thereafter as deemed by the food security advocate to be appropriate, the Working Group on School Food Security shall:

(1) conduct a study on school food security issues, in accordance with the provisions of subsection c. of this section, and recommend further State-level action to facilitate the provision of free school meals to enhanced numbers or categories of students in the State; and

(2) develop and publish a plan to facilitate and promote the adoption, by the United States Congress and President, of federal legislation authorizing the nationwide provision of free school meals to all students in the country, and providing federal reimbursement for all such meals served by schools and school districts in the states.

c. When conducting a school food security study, pursuant to subsection b. of this section, the working group shall be required to determine and identify:

(1) the expected annual costs to be expended, by each participating school district and nonpublic school in the State, in providing free school meals to eligible students in accordance with the provisions of this chapter, including the amount by which such costs are expected to increase year-over-year;

(2) best practices to ensure the effective provision of school meals to students in the State, including, but not limited to, best practices to facilitate the non-stigmatizing provision of free school meals to all eligible students in the State, best practices to reduce food waste in schools, best practices to improve and facilitate the subsidized school meals application and certification processes that are used to certify students for free meals; and best practices for incentivizing the completion of subsidized school meals applications by parents and guardians of students in the State;

(3) policies and practices that have been employed by other states and jurisdictions to facilitate and enhance student access to free school meals in those other jurisdictions, and the extent to which such policies and practices have been successful in achieving their stated goals; and

(4) whether, and the extent to which, it would be feasible, beneficial, and fiscally responsible for the Legislature to take action to further expand student eligibility for free school meals under this chapter, following the effective date of P.L.2023, c.336 (C.18A:33-14.2 et al.), and whether, and the extent to which, such expansion of the State's free school meals programs would best be effectuated on an immediate basis, by extending eligibility to all students in the State, or on a phased-in basis, by extending eligibility to gradually increasing numbers and types of students in the State.

d. Not more than 60 days after the working group completes a school food security study, pursuant to subsection b. of this section, the working group shall submit, to the Secretary of Agriculture, the Commissioner of Education, the Governor, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature, a written report of its findings and recommendations from the study, including, at a minimum, its recommendations regarding the appropriate executive, legislative, and other actions, if any, that should be undertaken in the State to ensure the ongoing successful operation of the State's school meals programs, to facilitate the cost-effective provision of free school meals to students who are categorically eligible or income-eligible therefore, as provided by this chapter, and to further expand the categories of students who are eligible for such free school meals under State law.

##### **§ 18A:33-15** Findings, declarations relative to food, beverages sold to certain school pupils. {#sec-18a-33-15 omnilex-key=us-nj-statutes--title-18a--18A:33-15}

1. The Legislature finds and declares that:

a. the federal Centers for Disease Control and Prevention has declared that obesity, which affects 61% of American adults, and childhood obesity, which affects up to 15% of American children between the ages of six and 17, are epidemics in the United States;

b. Congress has introduced the Improved Nutrition and Physical Activity Act (IMPACT Act) to address the overall concern with the obesity epidemic and, in particular, the need to educate youth about good nutrition, healthy eating habits, and the importance of physical activity;

c. the United States Surgeon General has issued a report entitled "The Surgeon General's Call to Action to Prevent and Decrease Overweight and Obesity," which lists the treatment and prevention of obesity as a national priority, and the United States Department of Agriculture issued a report to Congress in which it recognized that foods without regulated nutrition standards are low in nutrient density and are higher in fat, added sugar, and calories; and

d. health experts agree that one of the most effective ways to prevent obesity is to establish policies and programs that encourage children and adolescents to develop healthy eating habits that they can maintain throughout their lives.

##### **§ 18A:33-16** Regulation of items sold, served, given away on school property. {#sec-18a-33-16 omnilex-key=us-nj-statutes--title-18a--18A:33-16}

2. a. As of September 2007, the following items shall not be served, sold or given away as a free promotion anywhere on school property at any time before the end of the school day, including items served in the reimbursable After School Snack Program:

(1) Foods of minimal nutritional value, as defined by the United States Department of Agriculture;

(2) All food and beverage items listing sugar, in any form, as the first ingredient; and

(3) All forms of candy as defined by the New Jersey Department of Agriculture.

b. Schools shall reduce the purchase of any products containing trans fats beginning September 1, 2007.

c. As of September 2007, all snack and beverage items, sold or served anywhere on school property during the school day, including items sold in a la carte lines, vending machines, snack bars, school stores and fundraisers, or served in the reimbursable After School Snack Program, shall meet the following standards:

(1) Based on manufacturers' nutritional data or nutrient facts labels, no more than eight grams of total fat per serving, with the exception of nuts and seeds, and no more than two grams of saturated fat per serving;

(2) All beverages, other than milk containing two percent or less fat, or water, shall not exceed a 12-ounce portion size; and whole milk may not exceed an eight-ounce portion;

(3) In elementary schools, beverages shall be limited to milk, water or 100 percent fruit or vegetable juices;

(4) In middle and high schools, at least 60 percent of all beverages offered, other than milk or water, must be 100 percent fruit or vegetable juice; and

(5) In middle and high schools, no more than 40 percent of all ice cream and frozen desserts shall be allowed to exceed the above standards for sugar, fat and saturated fat.

d. Food and beverages served during special school celebrations or during curriculum-related activities shall be exempt from the provisions of this section, with the exception of foods of minimal nutritional value as defined by the United States Department of Agriculture.

e. The provisions of this section shall not apply to:

(1) Medically authorized special needs diets as defined by the United States Department of Agriculture;

(2) School nurses using foods of minimal nutritional value during the course of providing health care to individual students; or

(3) Special needs students whose Individual Education Plan indicates a particular diet.

##### **§ 18A:33-17** Applicability to certain nonpublic schools. {#sec-18a-33-17 omnilex-key=us-nj-statutes--title-18a--18A:33-17}

3. The provisions of this act shall apply to nonpublic schools that participate in the Child Nutrition Programs as defined by the New Jersey Department of Agriculture.

##### **§ 18A:33-18** Rules, regulations; compliance monitoring. {#sec-18a-33-18 omnilex-key=us-nj-statutes--title-18a--18A:33-18}

4. The Secretary of Agriculture shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations to implement the provisions of this act and shall monitor compliance with the provisions of this act.

##### **§ 18A:33-19** Nonpreemption of more stringent policies. {#sec-18a-33-19 omnilex-key=us-nj-statutes--title-18a--18A:33-19}

5. Nothing in this act shall be construed to prohibit the board of education of a public school district or the governing board or chief school administrator of a nonpublic school from establishing more stringent nutritional policies for students.

##### **§ 18A:33-20** Public schools authorized to serve certain produce grown in community gardens. {#sec-18a-33-20 omnilex-key=us-nj-statutes--title-18a--18A:33-20}

1. a. As used in this section, "community garden" means public or private land upon which individuals have the opportunity to garden on pieces of land that they do not individually own.

b. Consistent with all other applicable laws, a school district may serve to students fresh produce that has been grown in a community garden, provided that:

(1) the soil in the community garden has been tested for contaminants and is safe for growing food for student consumption;

(2) water sources used for the community garden have been tested for contaminants and are safe for growing food for student consumption;

(3) the produce has been handled, stored, transported, and prepared safely and in accordance with applicable federal, State, and local health and sanitation requirements; and

(4) such other criteria as determined by the Secretary of Agriculture are met.

c. A school district and its employees shall be immune from any civil liability arising from good faith actions in the serving of produce from a community garden in accordance with the requirements of this act.

d. The Secretary of Agriculture, in consultation with the State Board of Education, shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this act.

##### **§ 18A:33-21** Provision of school meals. {#sec-18a-33-21 omnilex-key=us-nj-statutes--title-18a--18A:33-21}

1. a. (1) In the event that a participating school district or nonpublic school determines that a student's unsubsidized school breakfast or unsubsidized school lunch bill is in arrears, the participating school district or nonpublic school shall contact the student's parent or guardian to provide notice of the arrearage, and shall provide the parent or guardian with a period of 10 school days to pay the amount due. If the student's parent or guardian has not made full payment by the end of the designated 10-day period, then the participating school district or nonpublic school shall again contact the student's parent or guardian to provide notice of any action to be taken in response to the arrearage.

(2) A participating school district or nonpublic school shall report, at least biannually to the Department of Agriculture, the number and percentage of enrolled students who have been denied school breakfast or school lunch on the basis of an unsubsidized meals bill arrearage, pursuant to this section.

(3) Nothing in this section shall be construed to: (a) require a participating school district or nonpublic school to deny or restrict the ability of a student to access unsubsidized school breakfast or unsubsidized school lunch, respectively, whenever the student's unsubsidized school breakfast or unsubsidized school lunch bill is in arrears; or (b) authorize a participating school district or nonpublic school to deny or restrict the ability of a student who is income-eligible for subsidized school lunch, but who is not income-eligible for subsidized school breakfast, to continue to access subsidized school lunch whenever the student's unsubsidized school breakfast bill is in arrears.

b. A participating school district or nonpublic school shall not:

(1) publicly identify or stigmatize a student who cannot pay for an unsubsidized school breakfast or an unsubsidized school lunch, or whose unsubsidized school breakfast or lunch bill is in arrears, for example, by requiring the student to sit at a separate table, to wear a wristband, hand stamp, or identifying mark, or to accept an alternative meal;

(2) require a student who cannot pay for an unsubsidized school breakfast or an unsubsidized school lunch, or whose unsubsidized school breakfast or lunch bill is in arrears, to do chores or other work to pay for the unsubsidized school breakfast or unsubsidized school lunch;

(3) require a student to discard an unsubsidized school breakfast or an unsubsidized school lunch, after it has been served, either because the student is unable to pay for the unsubsidized breakfast or unsubsidized lunch or because the student's unsubsidized school breakfast or lunch bill is in arrears;

(4) prohibit a student, or a sibling thereof, from attending or participating in non-fee-based extracurricular activities, field trips, or school events, from receiving grades, official transcripts, or report cards, or from graduating or attending graduation events, solely because of the student's unresolved breakfast or lunch debt; or

(5) require a student's parent or guardian to pay fees or costs in excess of the actual amounts owed for unsubsidized school breakfasts or unsubsidized school lunches, or both, which have been previously served to the student.

c. If a student owes money for the equivalent of five or more unsubsidized school meals, the participating school district or nonpublic school shall:

(1) (Deleted by amendment, P.L.2022, c.104)

(2) determine whether the student is eligible for subsidized school meals, by conducting a review of all available records related to the student, and by making at least two attempts, not including the initial attempt made pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1), to contact the student's parent or guardian and have the parent or guardian complete a subsidized school meals application; and

(3) require a principal, or a person designated by the principal, to contact the student's parent or guardian to: (a) offer assistance with respect to the completion of the subsidized school meals application; (b) determine whether there are other issues in the household that have caused the student to have insufficient funds to purchase an unsubsidized school breakfast or unsubsidized school lunch, as the case may be; and (c) offer any other appropriate assistance.

d. A participating school district or nonpublic school shall direct communications about a student's unsubsidized school meals arrearage to the parent or guardian and not to the student. Nothing in this subsection shall prohibit a participating school district or nonpublic school from sending a student home with a letter addressed to a parent or guardian.

e. Notwithstanding the provisions of this section and the provisions of any other law, rule, or regulation to the contrary, a student shall not be denied access to a school meal, regardless of the student's ability to pay or the status of the student's meal arrearages, during any period of time in which the student's participating school district or nonpublic school is making a determination, pursuant to subsection c. of this section, as to whether the student is eligible for, and can be certified to receive, subsidized school meals.

##### **§ 18A:33-21a** Short title. {#sec-18a-33-21a omnilex-key=us-nj-statutes--title-18a--18A:33-21a}

1. Section 1 of P.L.2015, c.15 (C.18A:33-21) and section 16 of P.L.2022, c.104 (C.18A:33-21b1), shall be known and may be cited as the "Hunger-Free Students' Bill of Rights Act."

##### **§ 18A:33-21b1** Information provided to parent, guardian. {#sec-18a-33-21b1 omnilex-key=us-nj-statutes--title-18a--18A:33-21b1}

16. a. At the beginning of each school year, or upon initial enrollment in the case of a student who enrolls during the school year, a participating school district or nonpublic school shall provide each student's parent or guardian with:

(1) a hard copy of information on the National School Lunch Program and the federal School Breakfast Program, including, but not limited to: (a) information on the ability of all categorically eligible and income-eligible students to receive free school lunch under the National School Lunch Program, as provided by subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4), and free school breakfast under the federal School Breakfast Program, as provided by subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a); (b) information on the subsidized school meals application and certification processes that are used to determine whether a student is categorically eligible or income-eligible for subsidized school meals; (c) information highlighting the need for parents and guardians to complete a subsidized school meals application for each student, and encouraging parents and guardians to complete the application, both to ensure that the student will have access to all subsidized school meals for which the student is eligible and to ensure that the school and the district have the necessary information to facilitate relevant eligibility determinations, receive appropriate reimbursement, and engage in all other activities authorized under subsection c. of this section; and (d) information on the rights that are available to students and their families under this section and section 1 of P.L.2015, c.15 (C.18A:33-21); and

(2) a hard copy of a subsidized school meals application, as well as instructions for completing the application, and, as necessary, assistance in completing the application.

b. The school meals information and application provided to parents and guardians, pursuant to subsection a. of this section, shall:

(1) be communicated in a language that the parent or guardian understands;

(2) specify the limited purposes for which collected personal data may be used, as provided by subsection c. of this section;

(3) (Deleted by amendment, P.L.2023, c.203); and

(4) include a notice that an application to apply for the school lunch and school breakfast programs may be submitted at any time during the school year and is required to be submitted annually.

The school district may also provide the information and application electronically, through the usual means by which the district electronically communicates with parents.

c. A subsidized school meals application that is completed by a parent or guardian shall be confidential, and shall not be used or shared by the student's school or school district, except as may be necessary to:

(1) determine whether a student identified in the application is income-eligible for free or reduced price school meals and, if so, whether the student satisfies federal or State-level income eligibility requirements for subsidized school lunches, subsidized school breakfasts, or both;

(2) determine whether the school or school district is required, by section 2 of P.L.2018, c.25 (C.18A:33-11.3) or by section 1 of P.L.2018, c.28 (C.18A:33-24), to establish a breakfast after the bell program or to participate as a sponsor or site in the federal Summer Meals Service Program;

(3) ensure that the school receives appropriate reimbursement, from the State and federal governments, for subsidized school meals served to eligible students, free of charge, through a school lunch program, a school breakfast program, a breakfast after the bell program, a summer meals program, or an emergency meals distribution program; and

(4) facilitate school aid determinations under the "School Funding Reform Act of 2008," P.L.2007, c.260 (C.18A:7F-43 et seq.).

d. The school district shall require the parent or guardian to either submit an application to apply for the school lunch and school breakfast programs or submit a signed card provided by the school district indicating that the parent or guardian has received the application and information and is not interested in participating in the school lunch and school breakfast programs. The card shall include a notice stating that a parent or guardian may submit an application to apply for the school lunch and school breakfast programs at any time during the school year.

If a school district does not receive an application or a signed card, the school district shall make at least one attempt to contact the student's parent or guardian and request that the parent or guardian submit either an application or signed card.

e. The provisions of this section shall not apply in the case of a school which participates in the Community Eligibility Provision.

##### **§ 18A:33-21c** Provision of meals to homeless students. {#sec-18a-33-21c omnilex-key=us-nj-statutes--title-18a--18A:33-21c}

4. The school district liaison for the education of homeless children shall coordinate with school district personnel to ensure that a homeless student receives free school meals and is monitored according to the school district's policies.

##### **§ 18A:33-21.1** State required to pay difference between federal allocation and total cost of reduced price breakfast, lunch. {#sec-18a-33-21.1 omnilex-key=us-nj-statutes--title-18a--18A:33-21.1}

1. a. Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, a student who is enrolled in a participating school district or nonpublic school and is eligible for a reduced price breakfast under the federal School Breakfast Program or a reduced price lunch under the National School Lunch Program, shall not be required to pay for any such reduced price breakfast or reduced price lunch.

b. The State shall pay the difference between the federal allocation for reduced price breakfasts and reduced price lunches and the total cost of the reduced price breakfasts and reduced price lunches that are served, by participating school districts and nonpublic schools, to enrolled students who are federally eligible for reduced price meals.

c. The Department of Agriculture, in consultation with the Department 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 implement the provisions of this section, including, but not limited to, rules and regulations establishing the schedule for, and identifying the manner in which, State-level reimbursements are to be made pursuant to subsection b. of this section.

##### **§ 18A:33-22** "Nourishing Young Minds Initiative Fund." {#sec-18a-33-22 omnilex-key=us-nj-statutes--title-18a--18A:33-22}

1. a. There is hereby created in the Department of Agriculture a non-lapsing revolving fund to be known as the "Nourishing Young Minds Initiative Fund," which shall be held separate and apart from all other funds of the State. All monies appropriated annually by the Legislature, federal and other grants received by the State, and any other monies made available for the purposes of the fund shall be deposited in the fund.

Monies deposited in the fund shall be held in interest-bearing accounts in public depositories, as defined pursuant to section 1 of P.L.1970, c.236 (C.17:9-41), and may be invested or reinvested in such securities as are approved by the State Treasurer. Interest or other income earned on monies deposited in the fund shall be credited to the fund for use as set forth in subsection b. of this section for other monies in the fund.

b. Monies in the "Nourishing Young Minds Initiative Fund" shall be used by the Department of Agriculture to provide support and funding to child food and nutrition programs in the State, which may include:

(1) funding outreach and programmatic support by the Department of Agriculture, Department of Education, or community-based organizations;

(2) providing small grants to fund one-time startup or expansion costs of "breakfast after the bell" programs; and

(3) providing small grants to fund one-time startup or expansion costs of summer nutrition programs.

c. Funding shall be prioritized for award to districts or schools with the highest number of eligible students and lowest participation in the school breakfast program.

d. The Secretary of Agriculture, in consultation with the Department of Education, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary for the implementation of this act.

##### **§ 18A:33-23** Notification relative to summer meals program. {#sec-18a-33-23 omnilex-key=us-nj-statutes--title-18a--18A:33-23}

1. a. Each school district in the State shall notify each student enrolled in the school district and the student's parent or guardian of the availability of, and criteria of eligibility for, the summer meals program and the locations in the school district where the summer meals are available. The school district shall provide this notification by distributing flyers provided by the Department of Agriculture pursuant to subsection c. of this section. The school district may also provide electronic notice of the information through the usual means by which the school district communicates with parents and students electronically.

b. Each nonpublic school in the State shall notify each student enrolled in the school and the student's parent or guardian of the availability of, and criteria of eligibility for, the summer meals program and the locations in the local school district in which the nonpublic school is located or the nonpublic school student resides where the summer meals are available. Each nonpublic school shall provide this notification by distributing flyers provided by the Department of Agriculture pursuant to subsection c. of this section. The school may also provide electronic notice of the information through the usual means by which the school communicates with parents and students electronically.

c. The Department of Agriculture shall develop and distribute flyers , no later than June 1 of the school year, to each school district and nonpublic school in the State to implement the requirements of subsections a. and b. of this section.

##### **§ 18A:33-24** Implementation of Summer Food Service Program. {#sec-18a-33-24 omnilex-key=us-nj-statutes--title-18a--18A:33-24}

1. a. Every school district in which 50 percent or more of the students enrolled in the school district on or before the last school day before October 16 of the preceding school year were federally eligible for free or reduced price meals under the National School Lunch Program or the federal School Breakfast Program, shall:

(1) become a sponsor or site under the federal Summer Food Service Program; or

(2) apply for a waiver pursuant to section 3 of P.L.2018, c.28 (C.18A:33-26).

b. No later than one year after the date of enactment of P.L.2018, c.28 (C.18A:33-24 et seq.), a school district that is required to become a sponsor or site under the Summer Food Service Program, pursuant to subsection a. of this section, shall submit, to the Department of Agriculture, either an application to become a sponsor of the federal Summer Food Service Program or documentation showing that the school district will become a site under an existing and approved sponsor.

c. (Deleted by amendment, P.L.2022, c.104)

d. A school district that is subject to the requirements of this section shall become a sponsor of the federal Summer Food Service Program or a site under an existing and approved sponsor, no later than two years following the date of enactment of this section.

##### **§ 18A:33-25** Application. {#sec-18a-33-25 omnilex-key=us-nj-statutes--title-18a--18A:33-25}

2. a. Nothing in section 1 of P.L.2018, c.28 (C.18A:33-24) shall be deemed to prohibit a school district from becoming a sponsor or site under the Summer Food Service Program. Any school district that is not subject to the requirements of section 1 of P.L.2018, c.28 (C.18A:33-24), but that wishes to become a sponsor or site under the Summer Food Service Program, shall submit, to the Department of Agriculture, an application to become a sponsor or documentation showing that the school district will become a site under an existing and approved sponsor.

b. (Deleted by amendment, P.L.2022, c.104)

##### **§ 18A:33-26** Waiver. {#sec-18a-33-26 omnilex-key=us-nj-statutes--title-18a--18A:33-26}

3. a. The Department of Agriculture may grant a waiver of the requirements of this act to a school district subject to the requirements of this act that lacks the staff, facilities, or equipment to sponsor the federal Summer Food Service Program, or the means to finance the hiring or acquisition of such staff, facilities, or equipment, if a waiver is requested by the school district. The Department of Agriculture also may grant a waiver for one year to a school district if a different sponsor currently runs the federal Summer Food Service Program within the same community.

b. A school district that requests a waiver pursuant to subsection a. of this section shall report to the Department of Agriculture, in the manner prescribed by the department, its reasons for requesting a waiver. The report shall include, but need not be limited to, a description of the specific impediments to implementing the program and actions that could be taken to remove those impediments or, where applicable, the identification of the sponsor that currently runs the program within the same community.

##### **§ 18A:33-27** Rules, regulations. {#sec-18a-33-27 omnilex-key=us-nj-statutes--title-18a--18A:33-27}

4. The Department of Agriculture shall adopt pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to effectuate the purposes of this act.

##### **§ 18A:33-27.1** "School Meal Program," development of promotional materials. {#sec-18a-33-27.1 omnilex-key=us-nj-statutes--title-18a--18A:33-27.1}

1. a. Each school food authority that provides a food service to students enrolled in a participating school district or nonpublic school in the State shall, in the two languages that are most commonly spoken in the homes of students in each participating school served by the school food authority:

(1) develop and implement an educational campaign to inform the parents and guardians of such students about the various school meals programs that are available for students in New Jersey, and about the availability of subsidized school meals, under such programs, for students who are categorically eligible or income-eligible therefor; and

(2) develop promotional materials for the State's school meals programs, and provide copies of the promotional materials to each school that is served by the school food authority in the State, for distribution, by school staff, to the parents and guardians of students enrolled at the school. The school food authority shall utilize existing resources, which have been made available by the United States Department of Agriculture and the New Jersey Department of Agriculture, in developing promotional materials for the purposes of this paragraph. The promotional materials shall include, but need not be limited to, pamphlets, presentation materials, webinars, and sample letters that schools may send to parents and guardians.

b. The educational campaign and promotional materials developed under subsection a. of this section shall:

(1) satisfy the standards, and comply with the guidelines, established by the Department of Agriculture, in consultation with the Department of Education, pursuant to subsection c. of this section;

(2) highlight and promote the nature, purposes, value, and importance of the National School Lunch Program, the federal School Breakfast Program, the federal Summer Food Service Program, and other similar summer meals programs, as well as the State's breakfast after the bell programs, established pursuant to section 1 of P.L.2014, c.66 (C.18A:33-11.1) or section 2 of P.L.2018, c.25 (C.18A:33-11.3), the State's emergency meals distribution programs, established pursuant to section 1 of P.L.2020, c.6 (C.18A:33-27.2), and any new school meals programs that are implemented in the State after the effective date of P.L.2022, c.103;

(3) emphasize the importance of providing a nutritious meal to all children for their general health and success in school;

(4) emphasize and promote the ability of eligible students to obtain subsidized meals under the State's school meals programs, inform parents and guardians about the various ways in which a student may be determined to be categorically eligible or income-eligible therefor, and identify the federal and State-level criteria that must be satisfied in order for a student to obtain subsidized school meals, under these programs, on the basis of annual household income;

(5) highlight and describe the application and determination processes that are used, by schools and school districts, to certify categorically eligible and income-eligible students for subsidized school meals;

(6) highlight and describe the rights that are applicable to students and families in association with a student's receipt of subsidized or unsubsidized school meals in the State; and

(7) inform parents and guardians about the nature and extent of any proposed or implemented expansion of the existing school meals programs in the State, including, but not limited to, the nature and extent of any proposed or implemented expansion of the categories of students who are eligible for subsidized school meals under such programs.

c. (1) Within 60 days after the effective date of P.L.2022, c.103, the Department of Agriculture, in consultation with the Department of Education, shall adopt standards and guidelines to ensure the uniformity and accuracy of school meals-related information being presented by school food authorities as part of the educational campaigns conducted, and in the promotional materials distributed, pursuant to this section.

(2) Within 60 days of the effective date of P.L.2022, c.103, and on a periodic basis thereafter, as necessary, the Department of Education shall provide, to each school food authority that offers a food service to students at a participating school in the State, information concerning the two languages that are most commonly spoken in the homes of students enrolled at each such participating school served thereby. The Department of Education shall periodically, and at least every five years, verify the two languages that are most commonly spoken in the homes of students in each such participating school.

d. As used in this section:

"School food authority" shall mean the school, school district, or third-party food service vendor, as applicable.

##### **§ 18A:33-27.2** Provision of school meals during period of school closure. {#sec-18a-33-27.2 omnilex-key=us-nj-statutes--title-18a--18A:33-27.2}

1. a. Whenever a local board of education receives a written directive, from either the New Jersey Department of Health or the health officer of the jurisdiction, instituting a public health-related school closure due to the COVID-19 epidemic, the district having jurisdiction over the closed school shall implement and operate an emergency school meals distribution program during the period of the school closure. An emergency school meals distribution program implemented pursuant to this section shall provide for subsidized school meals to be made available, at meal distribution sites designated pursuant to subsection b. of this section, to all students enrolled in the district who are either categorically eligible or income-eligible therefor.

b. In order to facilitate the emergency distribution of subsidized school meals in the event of an emergency public school closure, as described in subsection a. of this section, each school district shall identify one or more school meal distribution sites that are walkable and easily accessible to students in the district. The school district shall collaborate with county and municipal government officials in identifying appropriate distribution sites including, but not limited to: faith-based locations; community centers, such as YMCAs; and locations in the school district where meals are made available through a summer meals program. In a school district that includes high density housing, the district shall make every effort to identify an emergency school meals distribution site in that housing area.

c. A school district shall identify students enrolled in the district who are categorically eligible or income-eligible for subsidized school lunch, subsidized school breakfast, or both, and for whom an emergency school meal distribution site, identified pursuant to subsection b. of this section, is not within walking distance. In the case of these students, the school district shall distribute the subsidized school meals to the student's residence or to the student's bus stop along an established bus route, provided that, in the latter case, the student or the student's parent or guardian shall be present at the bus stop to accept the distribution. Distributions made pursuant to this subsection may include up to a total of three school days' worth of food per delivery.

d. A school district may use school buses owned and operated by the district to distribute subsidized school meals pursuant to this section. In the case of a school district that does not own and operate its own buses, the district may enter into a contract authorizing another party to engage in the emergency distribution of subsidized school meals, on the district's behalf, pursuant to this section, and any such contract shall be exempt from the public bidding requirements established pursuant to the "Public School Contracts Law," N.J.S.18A:18A-1 et seq.

e. A school district shall collaborate, as feasible, with other school districts and with local government units when implementing an emergency meals distribution program, pursuant to this section, in order to promote administrative and operational efficiencies and cost savings.

f. School lunches and breakfasts that are made available through an emergency meals distribution program operating pursuant to this section shall be provided to eligible students, free of charge, in accordance with the provisions of subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4) and subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a).

## **Chapter 3** {#struct-chapter-3}

##### **§ 18A:3-27.3** Food voucher system to provide school meals. {#sec-18a-3-27.3 omnilex-key=us-nj-statutes--title-18a--18A:3-27.3}

2. In the event that a board of education is provided a written directive by either the New Jersey Department of Health or the health officer of the jurisdiction to institute a public health-related closure due to the COVID-19 epidemic, and the school district is unable to provide school meals pursuant to section 1 of this act to a student who is eligible for a free and reduced price meal, the school district shall establish a food voucher system for these students, in accordance with criteria promulgated by the Commissioner of Education, in consultation with the Commissioner of Human Services. The food voucher system shall provide funds to enable these students to access nutritious food at food retail stores.

## **Chapter 33** {#struct-chapter-33}

##### **§ 18A:33-27.4** Costs borne by State. {#sec-18a-33-27.4 omnilex-key=us-nj-statutes--title-18a--18A:33-27.4}

3. The State shall bear any costs not reimbursed by the federal government which are incurred by the school districts in effectuating the provisions of this act. The State shall maximize the waiver flexibilities being provided by the federal government to address the loss of meals for low-income children due to COVID-19-related school closures.

##### **§ 18A:33-27.5** Department of Agriculture, provision of summer per meal financial supplement; annual report; funds appropriation. {#sec-18a-33-27.5 omnilex-key=us-nj-statutes--title-18a--18A:33-27.5}

1. a. The Department of Agriculture, in consultation with the Department of Education, shall provide a 10-cent per meal supplement to the existing federal reimbursement to operators of the federal summer food service program and the Seamless Summer Option (SSO).

b. The Department of Agriculture, in consultation with the Department of Education, shall provide guidance and support to school districts necessary to effectuate the purposes of this act.

c. The Department of Agriculture shall prepare and issue an annual report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature on the annual cost of the summer food service program and the Seamless Summer Option (SSO) supplement to the State per month, and the number of additional students, since the prior year, participating in the summer food service program or the Seamless Summer Option (SSO).

d. The Legislature shall annually appropriate such funds as are necessary to implement this act.

##### **§ 18A:33-28** Posting of information about child abuse hotline. {#sec-18a-33-28 omnilex-key=us-nj-statutes--title-18a--18A:33-28}

1. A board of education shall prominently display information about the Department of Children and Families' State Central Registry, a toll free hotline for reporting child abuse, in each school of the district. The information shall give instructions to call 911 for emergencies and shall include directions for accessing the department's website or social media platforms for more information on reporting abuse, neglect, and exploitation.

The information shall be in a format and language that is clear, simple, and understandable. The information shall be on a poster and displayed at each school in at least one high-traffic, highly and clearly visible public area that is readily accessible to and widely used by students.

##### **§ 18A:33-29** Findings, declarations. {#sec-18a-33-29 omnilex-key=us-nj-statutes--title-18a--18A:33-29}

1. The Legislature finds and declares that:

a. New Jersey recognizes that access to menstrual products is vital for ensuring the health, dignity, and full participation of all New Jerseyans in public life.

b. A lack of access to menstrual products during the school day has a direct impact on a student's academic performance and affects the student's overall educational outcomes.

c. Students lacking access to menstrual products experience higher rates of absences and are less able to focus and engage in the classroom when they are present. Absenteeism can lead to significant performance gaps and is linked to social disengagement, feelings of alienation, and adverse outcomes, even well into adulthood.

d. Expanding student access to menstrual products can result in increased attendance rates. A pilot program at a New York City high school saw a 2.4 percent increase in attendance in the participating school and subsequently, the state of New York enacted legislation providing free menstrual products to students.

e. By providing students with free access to menstrual products, the State can help reduce disparities in education and ensure that students are given the resources and educational access needed to meet their full potential.

f. It is the intent of the Legislature that this act provide for the health, dignity, and safety of menstruating students at every socioeconomic level, as well as to help normalize menstruation among all.

##### **§ 18A:33-30** Schools, grades six through 12, direct access, menstrual products, free of charge; Department of Education, Department of Health, review, assess, recommendations. {#sec-18a-33-30 omnilex-key=us-nj-statutes--title-18a--18A:33-30}

2. a. As used in this section, "menstrual products" mean tampons and sanitary napkins for use in connection with the menstrual cycle.

b. A school district shall ensure that students in each school educating students in grades six through 12, or any combination thereof, have direct access to menstrual products in at least 50 percent of female and gender-neutral school bathrooms, if applicable, free of charge.

c. Any costs incurred by a school district in providing an adequate supply of menstrual products to meet the needs of its students shall be borne by the State.

d. The Department of Education, in conjunction with the Department of Health, shall periodically review and assess whether the provision of free menstrual products pursuant to this act meets the needs of menstruating students, and, if necessary, shall make recommendations regarding the expansion of access to menstrual products to students in grades below grade six.

## **Chapter 34** {#struct-chapter-34}

##### **§ 18A:34-1** Textbooks; selection; furnished free with supplies; appropriations {#sec-18a-34-1 omnilex-key=us-nj-statutes--title-18a--18A:34-1}

Textbooks shall be selected by the recorded roll call majority vote of the full membership of the board of education of the district and they and other school supplies shall be furnished free of cost for use by all pupils in the public schools and money therefor shall be appropriated and raised annually in each school district in the same manner as other school moneys are appropriated and raised in the district.

##### **§ 18A:34-2** Care and keeping of textbooks and accounting {#sec-18a-34-2 omnilex-key=us-nj-statutes--title-18a--18A:34-2}

Every board of education shall make rules for the safekeeping and proper care of textbooks, and shall keep an account of all moneys expended by it for textbooks and supplies, in accordance with bookkeeping directions prescribed by the state board.

##### **§ 18A:34-3** Statewide textbook bank, creation; database {#sec-18a-34-3 omnilex-key=us-nj-statutes--title-18a--18A:34-3}

1. a. Notwithstanding any other law to the contrary, the Department of Education shall coordinate the sharing of textbooks among school districts by creating a Statewide textbook bank. The Department of Education shall create and maintain a database of all textbooks that will be discarded by each school district. The textbook bank database shall be made available on the Department of Education's website and a list of all available textbooks shall be sent to each school district periodically.

b. Each school district shall notify the Department of Education of any textbooks the district intends to discard. The Department of Education shall within 14 days of receiving notification from the school district of the intent to dispose of the textbooks, list the textbooks in the textbook bank database. School districts shall retain the textbooks to be discarded for a period of 120 days after the district has notified the Department of Education.

c. Districts acquiring textbooks using the textbook bank database are responsible for all costs associated with receiving them from the donating district.

d. The department shall make the textbook bank database available for use by nonpublic schools.

##### **§ 18A:34-4** Guidelines on useful life of certain textbooks {#sec-18a-34-4 omnilex-key=us-nj-statutes--title-18a--18A:34-4}

2. a. The Department of Education shall develop and disseminate to school districts, guidelines on the useful life of textbooks in the core curriculum content standards subject areas. Textbooks exceeding the useful life guidelines established by the department shall be exempt from the provisions of section 1 of this act.

b. The provisions of section 1 of this act shall not apply to textbooks that are worn out or useless due to damage or mutilation.

## **Chapter 34A** {#struct-chapter-34a}

##### **§ 18A:34A-1** Short title. {#sec-18a-34a-1 omnilex-key=us-nj-statutes--title-18a--18A:34A-1}

1. This act shall be known and may be cited as the "Freedom to Read Act."

##### **§ 18A:34A-2** Findings, declarations. {#sec-18a-34a-2 omnilex-key=us-nj-statutes--title-18a--18A:34A-2}

2. The Legislature finds and declares that:

a. The freedom to read is a human right, constitutionally protected by the First Amendment of the United States Constitution, and individuals have the right to free inquiry and the right to form their own opinions.

b. The freedom to read does not require a person to agree with topics or themes within a material, but instead allows a reader to explore and engage with differing perspectives to form and inform their own views.

c. Since Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969), it has been well established that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate" and, as such, students have a right to access a diverse range of developmentally relevant information, stories, perspectives, and ideas.

d. In Bd. of Ed. v. Pico, 457 U.S. 853 (1982), the United States Supreme Court opined that "local school boards may not remove books from school library shelves simply because they dislike the ideas contained in those books and seek by their removal to 'prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion.'"

e. School libraries and public libraries, as centers for voluntary inquiry, play a unique role in promoting intellectual freedom, providing equitable access to learning resources, and promoting democracy by providing service to all regardless of race, ethnicity, creed, age, ability, gender, or socio-economic status.

f. School library staff members and librarians are essential members of the community; as trained professionals, they help young people of all backgrounds find and interpret the information they need to succeed in school and prepare for college, careers, and life.

g. School library staff members and librarians receive extensive professional training that prepares them to develop and curate collections designed to meet the broad and varied interests and needs of their communities and students, which is based on a variety of factors, including pedagogical value, student interest, and the appropriateness of the material.

h. Despite this, school library staff members and librarians have been targeted and harassed for providing young people access to library material.

i. Therefore, it is necessary and proper for the Legislature to protect the freedom of New Jersey's residents to read, for school libraries and public libraries to acquire and maintain materials without external limitations, to recognize that school library staff members and librarians are trained to curate and develop collections, and to ensure school library staff members and librarians are able to perform their duties.

##### **§ 18A:34A-3** Definitions regarding public libraries. {#sec-18a-34a-3 omnilex-key=us-nj-statutes--title-18a--18A:34A-3}

3. As used in sections 4 through 7 of this act:

"Board of education" means a board of education as defined in N.J.S.18A:18A-2, the board of directors of an educational services commission, a board of trustees of a charter school, a board of trustees of a renaissance school project, or any other local education agency.

"Censorship" means to block, suppress, or remove library material based on disagreement with a viewpoint, idea, or concept or solely because an individual finds certain content offensive, but does not include limiting or restricting access to any library material deemed developmentally inappropriate for certain students.

"Diverse and inclusive material" means any material that reflects any protected class as enumerated in the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.); material produced by an author who is a member of a protected class as enumerated in the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.); and material that contains the author's points of view concerning contemporary problems and issues, whether international, national, or local; but excludes content that is inappropriate for grades served by the school library.

"Individual with a vested interest" means any teaching staff member employed by the board of education, any parent or guardian of a student enrolled in the school district at the time the removal form required pursuant to section 5 of this act is filed, and any student enrolled in the district at the time the removal form required pursuant to section 5 of this act is filed.

"Library material" means any material including, but not limited to, nonfiction and fiction books, magazines, reference books, supplementary titles, multimedia and digital material, software and instructional material and other material not required as part of classroom instruction belonging to, on loan to, or otherwise in the custody of a school library.

"School library staff member" means a school library media specialist, school librarian, any certificated or non-certificated staff member assigned to duties in a school library, or any individual carrying out or assisting with the functions of a school library media specialist or school librarian.

##### **§ 18A:34A-4** School library, material curation policy. {#sec-18a-34a-4 omnilex-key=us-nj-statutes--title-18a--18A:34A-4}

4. a. A board of education shall adopt a policy on the curation of library material within a school library. The purpose of the curation policy is to: provide standards for the curation of library material, establish criteria for the removal of existing school library material or library material selected for inclusion in the school library, and provide protection against attempts to censor library material.

b. When developing the policy, the board shall review the model policy established by the Commissioner of Education pursuant to subsection d. of this section. The board shall have control over the content of the policy, except that the policy shall, at a minimum:

(1) recognize that library material should be provided for the interest, information, and enlightenment of all students and should present diverse points of view in the collection as a whole;

(2) acknowledge that library material shall not be removed from a school library because of the origin, background, or views of the library material or those contributing to its creation;

(3) recognize the importance of school libraries as centers for voluntary inquiry and the dissemination of information and ideas;

(4) promote the free expression and free access to ideas by students by prohibiting the censorship of library material;

(5) acknowledge that a school library media specialist is professionally trained to curate and develop the school library collection that provides students with access to the widest array of developmentally appropriate library material available to schools; and

(6) establish a procedure for a school library staff member to review library material within a school library on an ongoing basis, which shall include, but not be limited to: the library material's relevance, the condition of the library material, the availability of duplicates, the availability of more recent developmentally appropriate material, and the continued demand for the library material.

c. In the event a board of education has a policy that complies with the requirements of subsection b. of this section as of the effective date of this act, the board shall not be required to take further action.

d. To assist boards of education in developing a policy on the curation of library material within a school library, the commissioner shall develop a model policy. In developing the model policy, the commissioner shall consult with the State Librarian, the New Jersey Association of School Librarians, and the New Jersey School Boards Association. The model policy shall be updated as the commissioner deems necessary.

e. A board of education, in consultation with school library staff members, shall have discretion in selecting, purchasing, or acquiring library material for inclusion in the school library. Nothing in this section shall be construed to require a board of education to purchase, or otherwise acquire, library material for a school library.

f. Nothing in this section shall be construed to restrict a board of education's authority to select textbooks and school supplies related to the curriculum.

##### **§ 18A:34A-5** Removal request procedure, school library. {#sec-18a-34a-5 omnilex-key=us-nj-statutes--title-18a--18A:34A-5}

5. a. A board of education shall adopt a policy establishing a procedure regarding a request for removal of library material within a school library. When developing the policy, the board shall review the model policy established by the Commissioner of Education pursuant to subsection d. of this section.

b. The board shall have control over the policy, except that the policy shall, at a minimum:

(1) provide for the creation of a request for removal form, based on the model removal form developed by the commissioner pursuant to subsection d. of this section, that may be submitted by an individual with a vested interest to the principal of the school in which the library material is challenged to initiate a review of the material. The form shall require the individual with the vested interest to specify which sections of the library material the individual objects to and an explanation of the reasons for the objection;

(2) require the principal or principal's designee to promptly forward the request for removal to the superintendent of the school district. The superintendent or the superintendent's designee shall appoint a review committee, consisting of:

(a) the superintendent or the superintendent's designee;

(b) the principal of the school in which the library material is challenged or the principal's designee;

(c) the school library media specialist or a school library staff member;

(d) a representative selected by the board of education;

(e) at least one grade-appropriate teacher familiar with the library material, provided the teacher selected is not the individual who submitted the form;

(f) a parent or guardian of a student enrolled in the school district, provided the parent or guardian selected is not the individual who submitted the form;

(g) if appropriate, and at the discretion of the superintendent, in cases where a student enrolled in the district in grades nine through 12 filed the removal form, a student enrolled in the district in grades nine through 12 may volunteer to serve on the review committee if that student did not file the removal form. The superintendent shall consult with the principal of the school involved in the removal request in making this determination; and

(h) any additional members the superintendent deems necessary;

(3) require that a challenged library material remain within the school library and available for a student to reserve, check out, or access until there is a final decision reached by the board of education pursuant to paragraph (5) of this subsection;

(4) require the review committee to evaluate the request for removal form, review the challenged library material, and report in writing its recommendations on whether to remove the library material to the board of education no later than 60 school days from the date of the next regularly scheduled board of education meeting after receipt of the form. A copy of the committee's report shall also be provided to the individual with a vested interest who filed the form and the principal;

(5) require the board of education to review the committee's report and make a final determination on whether the library material is to be removed from the school library or limited in use. The board shall provide a written statement of reasons for:

(a) the removal, limitation, or non-removal of a library material; and

(b) any final determination that is contrary to the recommendations of the review committee.

The written statement of reasons shall be posted on the board's Internet website in a prominent and easily accessible location within 30 days of the determination.

(6) provide that a library material that has been challenged pursuant to paragraphs (1) through (5) of this subsection shall not be subject to a subsequent challenge for at least one year; and

(7) permit a school district to consolidate requests for removal of the same challenged library material.

c. If a board of education has a policy that complies with the requirements of subsection b. of this section as of the effective date of this act, the board shall not be required to take further action.

d. To assist boards of education in developing a policy on the procedure regarding a request for removal of library material within a school library, the commissioner shall develop a model policy and model removal form. In developing the model policy and model removal form, the commissioner shall consult with the State Librarian, the New Jersey Association of School Librarians, and the New Jersey School Boards Association. The model policy and model removal form shall be updated as the commissioner deems necessary.

e. A board of education determination issued in accordance with the policy established in subsection b. of this section which denies a request for removal shall not constitute a controversy or dispute pursuant to N.J.S.18A:6-9.

f. An individual with a vested interest may file a petition of appeal of the board's final determination to the commissioner through the Office of Controversies and Disputes in accordance with N.J.S.18A:6-9 and the procedures set forth in State Board of Education regulations.

g. Nothing in this section shall be construed as creating a separate legal cause of action regarding any determination issued pursuant to the policy established pursuant to subsection a. of this section.

##### **§ 18A:34A-6** Censorship of school library material prohibited, right to reserve, check out. {#sec-18a-34a-6 omnilex-key=us-nj-statutes--title-18a--18A:34A-6}

6. a. A board of education shall not remove library material from a school library in the district because of the origin, background, or views of the library material or those contributing to its creation, and shall not engage in censorship of library material.

b. A board of education shall allow a student to reserve or check out any developmentally appropriate library material, including diverse and inclusive material.

##### **§ 18A:34A-7** Immunity, school library staff. {#sec-18a-34a-7 omnilex-key=us-nj-statutes--title-18a--18A:34A-7}

7. A school library staff member who engages in activities as required by sections 4 through 6 of this act shall be immune from civil and criminal liability arising from good faith actions performed pursuant to the provisions of those sections.

## **Chapter 35** {#struct-chapter-35}

##### **§ 18A:35-1** 2-year course of study in history {#sec-18a-35-1 omnilex-key=us-nj-statutes--title-18a--18A:35-1}

The superintendent of schools in each school district shall prepare and recommend to the board of education of the district, and the board of education shall adopt a suitable two-year course of study in the history of the United States, including the history of New Jersey, to be given to each student during the last four years of high school. Said course of study shall include materials recommended by the commissioner dealing with the history of the Negro in America.

##### **§ 18A:35-2** Contents of course of study {#sec-18a-35-2 omnilex-key=us-nj-statutes--title-18a--18A:35-2}

Such course of study shall include instruction in

(1) The principles and ideals of the American form of representative government as expressed in the Declaration of Independence and the Constitution of the United States and particularly in the Bill of Rights; and

(2) The history of the origin and growth of the social, economic and cultural development of the United States, of American family life and of the high standard of living and other privileges enjoyed by the citizens of the United States; and

(3) Such other events in the history of the United States as will tend to instill, into every girl and boy, a determination to preserve these principles and ideals as those of citizens of the United States and an appreciation of their solemn duty and obligation to exercise the privilege of the ballot, upon their reaching voting age, to the end that said principles and ideals may be so preserved; and

(4) The history of the State of New Jersey.

##### **§ 18A:35-2.1** Civics curriculum guidelines. {#sec-18a-35-2.1 omnilex-key=us-nj-statutes--title-18a--18A:35-2.1}

1. The New Jersey Center for Civic Education at Rutgers, The State University shall prepare curriculum guidelines and provide professional development for high school social studies teachers to help local school boards in fulfilling the requirements of integrating civics, economics, and the history of New Jersey as part of the required United States history course established pursuant to N.J.S.18A:35-1 and N.J.S.18A:35-2.

##### **§ 18A:35-3** Course in civics, geography and history of New Jersey {#sec-18a-35-3 omnilex-key=us-nj-statutes--title-18a--18A:35-3}

Each board of education shall adopt a course of study in community civics, the geography, history and civics of New Jersey, and the privileges and responsibilities of citizenship as they relate to community and national welfare, which course shall be taken by all pupils in the public elementary schools in the grade or grades in which it is given, with the object of producing the highest type of patriotic citizenship.

##### **§ 18A:35-4.1** Course of study in principles of humanity {#sec-18a-35-4.1 omnilex-key=us-nj-statutes--title-18a--18A:35-4.1}

Each board of education may teach, by special courses or by emphasis in appropriate places of the curriculum, in a manner adapted to the ages and capabilities of the pupils in the several grades and departments, the principles of humanity as the same apply to kindness and avoidance of cruelty to animals and birds, both wild and domesticated.

##### **§ 18A:35-4.2** Career development program {#sec-18a-35-4.2 omnilex-key=us-nj-statutes--title-18a--18A:35-4.2}

That the Commissioner of Education and the State Board of Education shall have the authority and responsibility under this act to establish and operate a Career Development Program comprised of pilot vocational education projects.

##### **§ 18A:35-4.3** Sexual assault prevention education program {#sec-18a-35-4.3 omnilex-key=us-nj-statutes--title-18a--18A:35-4.3}

The Department of Education in consultation with the advisory committee provided for in section 2 of this act, shall develop and establish guidelines for the teaching of sexual assault prevention techniques for utilization by local school districts in the establishment of a sexual assault prevention education program. Such program shall be adapted to the age and understanding of the pupils and shall be emphasized in appropriate places of the curriculum sufficiently for a full and adequate treatment of the subject.

##### **§ 18A:35-4.4** Advisory Council. {#sec-18a-35-4.4 omnilex-key=us-nj-statutes--title-18a--18A:35-4.4}

2. The Commissioner of Education, in consultation with the Department of Children and Families, Division on Women, shall appoint an advisory council to assist and advise the State Board of Education in the development and implementation of educational programs for the prevention of sexual assault.

The advisory council shall consist of 15 members chosen from among the legal, law enforcement, medical, and educational communities, and shall also include representatives of community-based groups providing services and assistance to victims of sexual assault. Each shall be appointed for a 2-year term and shall serve without compensation.

##### **§ 18A:35-4.5** Establishment of program; voluntary participation {#sec-18a-35-4.5 omnilex-key=us-nj-statutes--title-18a--18A:35-4.5}

One year after the effective date of this act each board of education may establish a sexual assault prevention education program in accordance with the guidelines developed by the department; provided, however, that no child shall be compelled to participate in said program upon written objection on religious or moral grounds by the parent or guardian of said child.

##### **§ 18A:35-4.5a** Sexual abuse and assault awareness and prevention education. {#sec-18a-35-4.5a omnilex-key=us-nj-statutes--title-18a--18A:35-4.5a}

1. Each school district shall incorporate age-appropriate sexual abuse and assault awareness and prevention education in grades preschool through 12 as part of the district's implementation of the New Jersey Student Learning Standards in Comprehensive Health and Physical Education. The Commissioner of Education, in consultation with the Department of Children and Families, the New Jersey Coalition Against Sexual Assault, Prevent Child Abuse New Jersey, the New Jersey Children's Alliance, and other entities with relevant expertise, shall provide school districts with age-appropriate sample learning activities and resources.

##### **§ 18A:35-4.6** Title of act {#sec-18a-35-4.6 omnilex-key=us-nj-statutes--title-18a--18A:35-4.6}

This act shall be known as the "Parents Rights to Conscience Act of 1979."

##### **§ 18A:35-4.7** Parent's statement of conflict with conscience {#sec-18a-35-4.7 omnilex-key=us-nj-statutes--title-18a--18A:35-4.7}

Any child whose parent or guardian presents to the school principal a signed statement that any part of the instructions in health, family life education or sex education is in conflict with his conscience, or sincerely held moral or religious beliefs shall be excused from that portion of the course where such instruction is being given and no penalties as to credit or graduation shall result therefrom.

##### **§ 18A:35-4.8** Medical treatment or examination; objection of parent or guardian. {#sec-18a-35-4.8 omnilex-key=us-nj-statutes--title-18a--18A:35-4.8}

3. No pupil whose parent or guardian objects to such pupil receiving medical treatment or medical examination or physical examination shall be compelled to receive such treatment or examination; provided, however, that no objection shall be made to a physical or medical examination of any child with a disability for the purpose of determining whether such child shall be admitted to any class or school for children with disabilities or of any pupil to determine whether the pupil is ill or infected with a communicable disease or of any person who appears to be under the influence of a drug.

##### **§ 18A:35-4.9** Pupil promotion, remediation policies, procedures {#sec-18a-35-4.9 omnilex-key=us-nj-statutes--title-18a--18A:35-4.9}

Local boards of education shall adopt policies and procedures for:

a. Pupil promotion and remediation, related to district goals, objectives and pupil proficiency;

b. Notification to parents of policies and procedures for student promotion and remediation and to pupils, where appropriate;

c. Notification to parents and pupils, at appropriate times during the school year, of the pupil's progress in meeting the promotion and remediation standards and immediate consultation with the pupil's parent or guardian if, in the teacher's judgment, there is any indication that the pupil's progress may not be sufficient to meet these standards;

d. Procedures for parents and adult pupils to appeal promotion/retention decisions; and

e. Procedures to ensure that parents, teachers and students, where appropriate, participate in the development of the policy.

##### **§ 18A:35-4.10** Rules, regulations {#sec-18a-35-4.10 omnilex-key=us-nj-statutes--title-18a--18A:35-4.10}

The State Board of Education shall adopt pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) such rules and regulations as are deemed appropriate to carry out the provisions of this act.

##### **§ 18A:35-4.11** Findings, declarations {#sec-18a-35-4.11 omnilex-key=us-nj-statutes--title-18a--18A:35-4.11}

The Legislature finds and declares that agriculture is an applied science and that certified agriculture teachers have strong scientific educational backgrounds which qualify them to teach agricultural science courses. The Legislature further finds that recent changes in the State high school graduation requirements have increased the number of science credits needed for graduation thereby reducing student opportunities to participate in agricultural education courses such as plant science, animal science, agricultural biology, and agricultural science.

##### **§ 18A:35-4.12** Curriculum guidelines for agricultural science education programs {#sec-18a-35-4.12 omnilex-key=us-nj-statutes--title-18a--18A:35-4.12}

The Department of Education, in consultation with teachers who hold an instructional certificate with an agriculture endorsement, shall develop curriculum guidelines for agricultural science education programs appropriate for use in grades 9 through 12 of the public schools. The department shall make these curriculum guidelines available to all school districts in the State.

##### **§ 18A:35-4.13** Evaluation of agricultural science courses, programs {#sec-18a-35-4.13 omnilex-key=us-nj-statutes--title-18a--18A:35-4.13}

The Department of Education shall establish a standardized process for the evaluation of agricultural science courses and programs offered by local school districts for the purpose of identifying the science skills that are taught in the course or program. Any student who satisfactorily completes an agricultural science course or program which is determined to contain appropriate science skills shall receive credit toward meeting high school graduation requirements for science established by statute or regulation.

##### **§ 18A:35-4.14** Agricultural science proficiencies included in science core courses {#sec-18a-35-4.14 omnilex-key=us-nj-statutes--title-18a--18A:35-4.14}

In the event that the State Board of Education develops Statewide core course proficiencies in science, the State board shall include the agricultural science proficiencies contained in the curriculum guidelines established pursuant to section 2 of this act in those proficiencies.

##### **§ 18A:35-4.15** Findings, declarations {#sec-18a-35-4.15 omnilex-key=us-nj-statutes--title-18a--18A:35-4.15}

1. The Legislature finds and declares that:

a. chess increases strategic thinking skills, stimulates intellectual creativity, and improves problem-solving ability while raising self esteem;

b. when youngsters play chess they must call upon higher-order thinking skills, analyze actions and consequences, and visualize future possibilities;

c. in countries where chess is offered widely in schools, students exhibit excellence in the ability to recognize complex patterns and consequently excel in math and science; and

d. instruction in chess during the second grade will enable pupils to learn skills which will serve them throughout their lives.

##### **§ 18A:35-4.16** Instruction in chess; guidelines {#sec-18a-35-4.16 omnilex-key=us-nj-statutes--title-18a--18A:35-4.16}

2. Each board of education may offer instruction in chess during the second grade for pupils in gifted and talented and special education programs. The Department of Education may establish guidelines to be used by boards of education which offer chess instruction in those programs.

##### **§ 18A:35-4.17** Notification to students of risks of using computer services for illegal purposes; guidelines. {#sec-18a-35-4.17 omnilex-key=us-nj-statutes--title-18a--18A:35-4.17}

4. Every district or regional board of education shall, as part of any computer education instruction it provides, notify students on the potential risks and dangers posed to children by persons who use interactive computer services for illegal purposes. The notification shall be adapted to the age and understanding of elementary and secondary school pupils. The notification shall include information concerning the safe computing guidelines made available on the internet by the department pursuant to section 3 of P.L.1998, c.134 (C.52:17B-193). The Department of Education shall recommend guidelines and curriculum materials for utilization by local school districts on the ethical use of computers and the potential risks and dangers posed to juveniles by persons who use interactive computer services for unlawful purposes.

##### **§ 18A:35-4.18** Credit for world language course not offered by public school {#sec-18a-35-4.18 omnilex-key=us-nj-statutes--title-18a--18A:35-4.18}

8. A pupil who is enrolled in a public high school within the State who wishes to take a world language course not offered in the resident public school district may complete and receive credit toward high school graduation for a world language course offered by a religious organization or any other nonpublic school organization or entity. In order to receive credit for the course, the pupil shall meet local district proficiency requirements.

##### **§ 18A:35-4.18.1** American Sign Language recognized as world language for meeting high school graduation requirements. {#sec-18a-35-4.18.1 omnilex-key=us-nj-statutes--title-18a--18A:35-4.18.1}

1. Notwithstanding the provisions of any law, rule or regulation to the contrary, American Sign Language shall be recognized as a world language for the purpose of meeting any State or local world language requirement for high school graduation.

##### **§ 18A:35-4.19** Short title. {#sec-18a-35-4.19 omnilex-key=us-nj-statutes--title-18a--18A:35-4.19}

1. This act shall be known as the "AIDS Prevention Act of 1999."

##### **§ 18A:35-4.20** Sex education programs to stress abstinence. {#sec-18a-35-4.20 omnilex-key=us-nj-statutes--title-18a--18A:35-4.20}

2. Any sex education that is given as part of any planned course, curriculum or other instructional program and that is intended to impart information or promote discussion or understanding in regard to human sexual behavior, sexual feelings and sexual values, human sexuality and reproduction, pregnancy avoidance or termination, HIV infection or sexually transmitted diseases, regardless of whether such instruction is described as, or incorporated into a description of "sex education," "family life education," "family health education," "health education," "family living," "health," "self esteem," or any other course, curriculum program or goal of education, and any materials including, but not limited, to handouts, speakers, notes or audiovisuals presented on school property concerning methods for the prevention of acquired immune deficiency syndrome (HIV/AIDS), other sexually transmitted diseases and of avoiding pregnancy, shall stress that abstinence from sexual activity is the only completely reliable means of eliminating the sexual transmission of HIV/AIDS and other sexually transmitted diseases and of avoiding pregnancy.

##### **§ 18A:35-4.21** Abstinence from sexual activity stressed in curriculum. {#sec-18a-35-4.21 omnilex-key=us-nj-statutes--title-18a--18A:35-4.21}

3. The board of education shall include in its family life and HIV/AIDS curriculum instruction on reasons, skills and strategies for remaining or becoming abstinent from sexual activity. Any instruction concerning the use of contraceptives or prophylactics such as condoms shall also include information on their failure rates for preventing pregnancy, HIV and other sexually transmitted diseases in actual use among adolescent populations and shall clearly explain the difference between risk reduction through the use of such devices and risk elimination through abstinence.

##### **§ 18A:35-4.22** Avoidance of IV drug use stressed. {#sec-18a-35-4.22 omnilex-key=us-nj-statutes--title-18a--18A:35-4.22}

4. In addition, any course, program or material concerning methods for the prevention of HIV/AIDS shall stress the importance of avoiding intravenous drug use.

##### **§ 18A:35-4.23** Domestic violence, child abuse, instruction on those problems {#sec-18a-35-4.23 omnilex-key=us-nj-statutes--title-18a--18A:35-4.23}

1. A board of education may include instruction on the problems of domestic violence and child abuse in an appropriate place in the curriculum of elementary school, middle school and high school pupils. The instruction shall enable pupils to understand the psychology and dynamics of family violence, dating violence and child abuse, the relationship of alcohol and drug use to such violence and abuse, the relationship of animal cruelty to such violence and abuse, and to learn methods of non-violent problem-solving.

##### **§ 18A:35-4.23a** Dating violence education incorporated into health education curriculum. {#sec-18a-35-4.23a omnilex-key=us-nj-statutes--title-18a--18A:35-4.23a}

6. a. Beginning with the 2011-2012 school year, each school district shall incorporate dating violence education that is age appropriate into the health education curriculum as part of the district's implementation of the Core Curriculum Content Standards in Comprehensive Health and Physical Education for students in grades 7 through 12.

b. The dating violence education shall include, but not be limited to, information on the definition of dating violence, recognizing dating violence warning signs, and the characteristics of healthy relationships.

c. To assist school districts in developing a dating violence education program, the Department of Education shall recommend educational resources on dating violence.

d. Upon written request to the school principal, a parent or legal guardian of a student less than 18 years of age, shall be permitted within a reasonable period of time after the request is made, to examine the dating violence education program instruction materials developed by the school district.

e. As used in this section:

"Dating partner" means any person involved in an intimate association with another individual that is primarily characterized by the expectation of affectionate involvement, whether casual, serious, or long-term.

"Dating violence" means a pattern of behavior where one person threatens to use, or actually uses physical, sexual, verbal, or emotional abuse to control a dating partner.

##### **§ 18A:35-4.24** Definitions relative to alternative education projects. {#sec-18a-35-4.24 omnilex-key=us-nj-statutes--title-18a--18A:35-4.24}

1. As used in this act:

"Alternative education project" means the use of video tapes, models, films, books, computers, or any other tools which provide an alternative method for obtaining and testing the knowledge, information, or experience required by a course of study.

"Animal" means any living organism that is an invertebrate, or is in the phylum chordata or organisms which have a notochord and includes an animal's cadaver or severed parts of an animal's cadaver.

##### **§ 18A:35-4.25** Refusal to participate in certain school activities related to animal dissection, etc. {#sec-18a-35-4.25 omnilex-key=us-nj-statutes--title-18a--18A:35-4.25}

2. a. A public school pupil from kindergarten through grade 12 may refuse to dissect, vivisect, incubate, capture or otherwise harm or destroy animals or any parts thereof as part of a course of instruction.

b. A school shall notify pupils and their parents or guardians at the beginning of each school year of the right to decline to participate in the activities enumerated in subsection a. of this section and shall authorize parents or guardians to assert the right of their children to refuse to participate in these activities. Within two weeks of the receipt of the notice, the pupils, parents or guardians shall notify the school if the right to decline participation in the enumerated activities will be exercised.

c. Any pupil who chooses to refrain from participation in or observation of a portion of a course of instruction in accordance with this section shall be offered an alternative education project for the purpose of providing the pupil with the factual knowledge, information or experience required by the course of study. A pupil may refuse to participate in an alternative education project which involves or necessitates any harmful use of an animal or animal parts.

d. A pupil shall not be discriminated against, in grading or in any other manner, based upon a decision to exercise the rights afforded pursuant to this act.

##### **§ 18A:35-4.26** Instruction in gang violence prevention; required for elementary school students. {#sec-18a-35-4.26 omnilex-key=us-nj-statutes--title-18a--18A:35-4.26}

1. Each board of education that operates an educational program for elementary school students shall offer instruction in gang violence prevention and in ways to avoid membership in gangs. The instruction shall take place as part of the district's implementation of the Core Curriculum Content Standards in Comprehensive Health and Physical Education, and the comprehensive health and physical education curriculum framework shall provide school districts with sample materials that may be used to support implementation of the instructional requirement.

##### **§ 18A:35-4.27** Instruction on responsible use of social media. {#sec-18a-35-4.27 omnilex-key=us-nj-statutes--title-18a--18A:35-4.27}

1. a. Beginning with the 2014-2015 school year, each school district shall incorporate instruction on the responsible use of social media into the technology education curriculum for students in grades 6 through 8 as part of the district's implementation of the Core Curriculum Content Standards in Technology.

b. The instruction shall provide students with information on:

(1) the purpose and acceptable use of various social media platforms;

(2) social media behavior that ensures cyber safety, cyber security, and cyber ethics; and

(3) potential negative consequences, including cyber bullying, of failing to use various social media platforms responsibly.

c. The Commissioner of Education shall provide school districts with sample learning activities and resources designed to promote the responsible use of social media.

##### **§ 18A:35-4.28** Instruction in cardiopulmonary resuscitation, use of automated external defibrillator for certain students. {#sec-18a-35-4.28 omnilex-key=us-nj-statutes--title-18a--18A:35-4.28}

1. a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, the board of education of a public school district that includes grades 9 through 12, or the board of trustees of a charter school that includes grades 9 through 12, shall provide instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator to each student prior to graduation as part of the district's implementation of the Core Curriculum Content Standards in Comprehensive Health and Physical Education. The board of education, or board of trustees, may select a no-cost, non-certification instructional program to meet this requirement.

b. The provisions of subsection a. of this section shall first be effective with the 2014-2015 grade nine class.

##### **§ 18A:35-4.29** Instruction provided. {#sec-18a-35-4.29 omnilex-key=us-nj-statutes--title-18a--18A:35-4.29}

2. The instruction provided pursuant to section 1 of this act shall:

a. be modeled from an instructional program established by the American Heart Association, American Red Cross, or other nationally-recognized association with expertise in instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator; and

b. include a hands-on learning component for each participating student.

##### **§ 18A:35-4.30** Weighting of certain courses in calculating pupil grade point averages. {#sec-18a-35-4.30 omnilex-key=us-nj-statutes--title-18a--18A:35-4.30}

1. a. A school district shall weight courses in the visual and performing arts equally with other courses of the same level of academic rigor and worth the same number of credits in calculating a pupil's grade point average.

b. As used in this section, "academic rigor" means a course's classification as a general education course, an honors course, or an advanced placement course.

##### **§ 18A:35-4.31** Recess period required; exceptions. {#sec-18a-35-4.31 omnilex-key=us-nj-statutes--title-18a--18A:35-4.31}

1. a. Beginning with the first full school year following the effective date of this act, a public school district shall provide a daily recess period of at least 20 minutes for students in grades kindergarten through 5. The recess period shall be held outdoors, if feasible. A student shall not be denied recess for any reason, except as a consequence of a violation of the district's code of student conduct, including a harassment, intimidation, or bullying investigation pursuant to P.L.2002, c.83 (C.18A:37-13 et seq.). If a student is denied recess, except under conditions set forth in subsection b. of this section, the student shall be provided restorative justice activities during the recess period. A student may not be denied recess more than twice per week.

A school district shall not be required to provide a recess period on a school day in which the day is substantially shortened due to a delayed opening or early dismissal.

The recess period shall not be used to meet the course requirements set forth in N.J.S.18A:35-5.

b. Nothing in this section shall be construed to prohibit school staff from denying recess for a student on the advice of a medical professional, school nurse, or based on the provisions of a student's 504 plan.

c. For purposes of this section, "restorative justice activities" means activities designed to improve the socioemotional and behavioral responses of students through the use of more appropriate, and less punitive, interventions thereby establishing a more supportive and inclusive school culture.

##### **§ 18A:35-4.32** Findings, declarations relative to "sexting." {#sec-18a-35-4.32 omnilex-key=us-nj-statutes--title-18a--18A:35-4.32}

1. The Legislature finds and declares that:

a. The teenage practice of "sexting," sending a sexually explicit text message, is a nationwide issue for students, parents, school administrators, and law enforcement officials.

b. What many teens do not realize is that, by law, a sexual image of any person under the age of 18 is child sexual abuse or exploitation material. Prosecutors in several states have charged teenagers who have engaged in this behavior with criminal offenses, including distribution of child sexual abuse or exploitation material.

c. Pursuant to a law which became effective in April, 2012, the New Jersey Legislature provided for a diversionary program for juveniles who are criminally charged for "sexting" or posting sexual images and permits them to participate in a remedial education or counseling program as an alternative to criminal prosecution.

d. Beyond the legal consequences of this behavior, however, sexting also has significant non-legal consequences including, but not limited to, the effect on relationships, loss of educational and employment opportunities, and being barred or removed from school programs and extracurricular activities.

e. Because of the unique characteristics of cyberspace and the Internet, a single sext has the potential to cause long-term and possibly unforeseen consequences and result in severe embarrassment, ridicule, cyber-bullying, and lasting mental and emotional trauma.

f. It is imperative that students understand at a young age the severity of sending sexually explicit text messages and the impact that these actions have on the students themselves, their victims, and the community and that they receive instruction on how and why to refrain from this very dangerous behavior.

##### **§ 18A:35-4.33** Information provided to students. {#sec-18a-35-4.33 omnilex-key=us-nj-statutes--title-18a--18A:35-4.33}

2. A board of education shall include instruction on the social, emotional, and legal consequences of distributing and soliciting sexually explicit images through electronic means once during middle school in an appropriate place in the curriculum as part of the school district's implementation of the New Jersey Student Learning Standards in Comprehensive Health and Physical Education. The Commissioner of Education shall provide school districts with age-appropriate sample learning activities and resources designed to implement this requirement.

##### **§ 18A:35-4.34** Financial literacy instruction. {#sec-18a-35-4.34 omnilex-key=us-nj-statutes--title-18a--18A:35-4.34}

1. The State Board of Education shall require that a school district incorporate in each of the grades six through eight financial literacy instruction to pupils enrolled in those grades. The purpose of the instruction shall be to provide middle school students with the basic financial literacy necessary for sound financial decision-making.

The instruction shall meet the requirements established by the State board and shall:

a. be appropriate to, and reflect the age and comprehension of, the students enrolled in the particular grade level; and

b. include content on budgeting, savings, credit, debt, insurance, investment, and other issues associated with personal financial responsibility as determined by the State board.

The Commissioner of Education shall provide school districts with sample instructional materials and resources that may be used to support the implementation of the financial literacy instruction requirement.

##### **§ 18A:35-4.35** History of disabled and LGBT persons included in middle and high school curriculum {#sec-18a-35-4.35 omnilex-key=us-nj-statutes--title-18a--18A:35-4.35}

1. A board of education shall include instruction on the political, economic, and social contributions of persons with disabilities and lesbian, gay, bisexual, and transgender people, in an appropriate place in the curriculum of middle school and high school students as part of the district's implementation of the New Jersey Student Learning Standards.

##### **§ 18A:35-4.36** Policies, procedures pertaining to inclusive instructional materials {#sec-18a-35-4.36 omnilex-key=us-nj-statutes--title-18a--18A:35-4.36}

2. A board of education shall have policies and procedures in place pertaining to the selection of instructional materials to implement the requirements of section 1 of this act. When adopting instructional materials for use in the schools of the district, a board of education shall adopt inclusive instructional materials that portray the cultural and economic diversity of society including the political, economic, and social contributions of persons with disabilities and lesbian, gay, bisexual, and transgender people, where appropriate.

##### **§ 18A:35-4.36a** Curriculum to contain instruction on diversity and inclusion. {#sec-18a-35-4.36a omnilex-key=us-nj-statutes--title-18a--18A:35-4.36a}

1. a. Beginning in the 2021-2022 school year, each school district shall incorporate instruction on diversity and inclusion in an appropriate place in the curriculum of students in grades kindergarten through 12 as part of the district's implementation of the New Jersey Student Learning Standards.

b. The instruction shall:

(1) highlight and promote diversity, including economic diversity, equity, inclusion, tolerance, and belonging in connection with gender and sexual orientation, race and ethnicity, disabilities, and religious tolerance;

(2) examine the impact that unconscious bias and economic disparities have at both an individual level and on society as a whole; and

(3) encourage safe, welcoming, and inclusive environments for all students regardless of race or ethnicity, sexual and gender identities, mental and physical disabilities, and religious beliefs.

c. The Commissioner of Education shall provide school districts with sample learning activities and resources designed to promote diversity and inclusion.

##### **§ 18A:35-4.37** Finding and declaration relative to sexual assault {#sec-18a-35-4.37 omnilex-key=us-nj-statutes--title-18a--18A:35-4.37}

1. The Legislature finds and declares that:

a. Over the last several years, media and government attention has been focused on addressing the high rate of sexual assault on college campuses. A 2015 study by the Association of American Universities indicated that 23 percent of female undergraduates and five percent of male undergraduates experience rape or sexual assault through physical force, violence, or incapacitation.

b. In response to the issue of sexual assault, colleges and universities have adopted affirmative consent policies requiring a clear, unequivocal yes for sexual contact, and freshmen students are receiving more education in regard to defining consent.

c. While it is an important development in the fight against sexual violence that an increasing number of institutions of higher education are conducting sexual assault orientations and mandating instruction on consent, this is often too late. Statistics indicate that nearly half of American teenagers are sexually active by the time they reach the age of 17, and one in five female high school students reports being physically or sexually abused by a dating partner.

d. Expecting students in middle school and high school to fully grasp what sexual assault is without the necessary information and awareness on the nature and the need for consent before physical contact or sexual activity is not realistic.

e. Young people need an understanding of consent to live healthy, self-determined lives. They need to understand the right to say no to unwanted physical contact or sexual activity and to respect the right of another person to say no.

f. Ending sexual harassment and assault is currently a part of the national conversation, and taking steps to begin that conversation at an earlier point in a student's school career will advance the goal of ending sexual violence and ensure that students are well prepared to protect themselves and ensure the safety of others when they first arrive on a college campus.

##### **§ 18A:35-4.38** Incorporation of age-appropriate instruction relative to consent for physical contact and sexual activity {#sec-18a-35-4.38 omnilex-key=us-nj-statutes--title-18a--18A:35-4.38}

2. A school district shall incorporate age-appropriate instruction in grades six through 12 on the law and meaning of consent for physical contact and sexual activity as part of the district's implementation of the New Jersey Student Learning Standards in Comprehensive Health and Physical Education. The instruction shall be designed to increase discussion and awareness that consent is required before physical contact or sexual activity, as well as the social, emotional, and relational impact surrounding sexuality, the right to say no to unwanted physical contact or sexual activity, and the virtues of respecting the right of others to say no. The Commissioner of Education shall provide school districts with age-appropriate sample learning activities and resources designed to implement this requirement.

##### **§ 18A:35-4.39** Health curriculum to include instruction on mental health. {#sec-18a-35-4.39 omnilex-key=us-nj-statutes--title-18a--18A:35-4.39}

1. a. A school district shall ensure that its health education programs for students in grades kindergarten through 12 recognize the multiple dimensions of health by including mental health and the relation of physical and mental health so as to enhance student understanding, attitudes, and behaviors that promote health, well-being, and human dignity. The instruction in mental health shall be adapted to the age and understanding of the students and shall be incorporated as part of the district's implementation of the New Jersey Student Learning Standards in Comprehensive Health and Physical Education. The instruction shall include, as appropriate, information on substance use disorder provided pursuant to the implementation of these standards and to section 1 of P.L.2016, c.46 (C.18A:40A-2.1).

b. The State Board of Education shall review and update the New Jersey Student Learning Standards in Comprehensive Health and Physical Education to ensure the incorporation of instruction in mental health in an appropriate place in the curriculum for students in grades kindergarten through 12. In its review, the State board shall consult with mental health experts including, but not limited to, representatives from the Division of Mental Health and Addiction Services in the Department of Human Services.

##### **§ 18A:35-4.40** Information about "New Jersey Safe Haven Infant Protection Act" included in public school curriculum. {#sec-18a-35-4.40 omnilex-key=us-nj-statutes--title-18a--18A:35-4.40}

1. The Department of Education shall review the New Jersey Student Learning Standards for Comprehensive Health and Physical Education to ensure that information on the provisions of the "New Jersey Safe Haven Infant Protection Act," P.L.2000, c.58 (C.30:4C-15.5 et seq.) shall be included therein to public school students in grades 9 through 12.

##### **§ 18A:35-4.41** Age appropriate information required. {#sec-18a-35-4.41 omnilex-key=us-nj-statutes--title-18a--18A:35-4.41}

2. a. The Department of Education, in consultation with the Department of Children and Families, shall take appropriate action to ensure that each school district shall incorporate education on the "New Jersey Safe Haven Infant Protection Act," P.L.2000, c.58 (C.30:4C-15.5 et seq.) that is age appropriate for public school students in grades 9 through 12.

##### **§ 18A:35-4.42** Findings, declarations relative to the Amistad Commission. {#sec-18a-35-4.42 omnilex-key=us-nj-statutes--title-18a--18A:35-4.42}

3. The Legislature finds and declares that:

a. Since the days of slavery, public school curricula have consistently omitted or misrepresented the history of African Americans.

b. To correct these omissions, all public schools in the State of New Jersey should include instruction that infuses into all courses on the United States, the centuries of contributions and accomplishments by African Americans in the building and development of America.

c. The Amistad Commission, created pursuant to P.L.2002, c.75 (C.52:16A-86 et seq.), is responsible for designing and promoting the implementation of education and awareness programs in New Jersey concerned with slavery in America and the contributions of African Americans, and for developing curriculum guidelines for the teaching of this information. The Amistad Commission is an ideal agency to recommend curricular materials to school districts.

##### **§ 18A:35-4.43** Infusion of African American accomplishments into school curricula. {#sec-18a-35-4.43 omnilex-key=us-nj-statutes--title-18a--18A:35-4.43}

4. a. Every board of education shall include, in the curriculum of all elementary and secondary school students, instruction that infuses into all courses on the United States, the centuries of accomplishments by African Americans in the building and development of America including, but not limited to, the areas of industry, military, government, and the professions; local communities; math, science, medicine, and space; architecture and the arts; social institutions and culture; and other aspects of life in America.

b. The instruction shall enable students to identify and analyze applicable theories concerning human nature and behavior; to know and understand the nation's heritage of slavery and freedom; to know and understand the impact of African diasporic cultures and institutions on the Americas; to know and understand the contributions of African Americans to all areas of American society throughout its history, beginning with the colonial period; to know and understand that inequality is a consequence of prejudice and discrimination in the pursuit of maintaining power and dominance over certain portions of society; to know and understand citizenship and disenfranchisement; and to understand that issues of moral dilemma and conscience have a profound impact on the nation and the self-image and self-realization of its entire population, especially the personal and civic development of students in grades kindergarten through 12. The instruction shall also emphasize the personal responsibility of each citizen to fight racism and hatred whenever and wherever it happens and to uphold the national ideals of freedom and justice for all.

c. The Department of Education shall work with the Amistad Commission to ensure that all department assessment tools for New Jersey schools are inclusive of the curricular requirements established pursuant to this section.

##### **§ 18A:35-4.44** Asian American, Pacific Islander history, contributions; instruction included in curriculum. {#sec-18a-35-4.44 omnilex-key=us-nj-statutes--title-18a--18A:35-4.44}

1. a. A board of education shall include instruction on the history and contributions of Asian Americans and Pacific Islanders in an appropriate place in the curriculum of students in grades kindergarten through 12 as part of the school district's implementation of the New Jersey Student Learning Standards in Social Studies.

b. A board of education shall have policies and procedures in place pertaining to the selection of instructional materials to implement the requirements of section a. of this section. When adopting instructional materials for use in the school district, a board of education shall adopt inclusive instructional materials that portray the cultural and economic diversity of Asian Americans and Pacific Islanders.

c. A board of education shall seek the assistance and advice of the Commission on Asian Heritage established pursuant to section 2 of P.L.2021, c.410 (C.18A:4-52) in fulfilling the requirements of this section.

##### **§ 18A:35-4.45** New Jersey Student Learning Standards, Comprehensive Health and Physical Education, grief. {#sec-18a-35-4.45 omnilex-key=us-nj-statutes--title-18a--18A:35-4.45}

1. a. The State Board of Education shall adopt New Jersey Student Learning Standards in Comprehensive Health and Physical Education pertaining to grief.

b. A school district shall include instruction on grief in an appropriate place in the curriculum of students in grades eight through 12 as part of the district's implementation of the New Jersey Student Learning Standards in Comprehensive Health and Physical Education.

c. The instruction shall include, at a minimum, information on:

(1) the physical, emotional, and behavioral symptoms of grief;

(2) coping mechanisms and techniques for handling grief and loss; and

(3) resources available to students, including in-school support, mental health crisis support, and individual and group therapy.

d. The Commissioner of Education shall provide school districts with age-appropriate resources concerning grief.

##### **§ 18A:35-4.46** Standards adopted, New Jersey Student Learning Standards updates, concurrent. {#sec-18a-35-4.46 omnilex-key=us-nj-statutes--title-18a--18A:35-4.46}

2. This act shall take effect immediately. The standards adopted by the State Board of Education pursuant to section 1 of P.L.2023, c.201 (C.18A:35-4.45) shall occur concurrent with each update to the New Jersey Student Learning Standards required pursuant to section 4 of P.L.2007, c.260 (C.18A:7F-46).

##### **§ 18A:35-4.47** Labor movements history instruction. {#sec-18a-35-4.47 omnilex-key=us-nj-statutes--title-18a--18A:35-4.47}

1. a. The State Board of Education shall adopt New Jersey Student Learning Standards in Social Studies pertaining to the history of labor and labor movements in the United States and New Jersey.

b. A board of education shall include instruction on United States and New Jersey labor history and the contributions of the labor movement in an appropriate place in the curriculum of students in grades six through 12 as part of the school district’s implementation of the New Jersey Student Learning Standards in Social Studies. The instruction shall include, at a minimum, information on:

(1) the history of organized labor;

(2) notable strikes throughout history;

(3) unionization drives; and

(4) the collective bargaining process and existing legal protections in the workplace.

##### **§ 18A:35-4.48** Standards concurrent with updates to New Jersey Student Learning Standards. {#sec-18a-35-4.48 omnilex-key=us-nj-statutes--title-18a--18A:35-4.48}

2. This act shall take effect immediately. The standards adopted by the State Board of Education pursuant to subsection a. of section 1 of this act shall occur concurrent with each update to the New Jersey Student Learning Standards required pursuant to section 4 of P.L.2007, c.260 (C.18A:7F-46).

##### **§ 18A:35-4.49** Latino and Hispanic history, required instruction. {#sec-18a-35-4.49 omnilex-key=us-nj-statutes--title-18a--18A:35-4.49}

1. a. The State Board of Education shall adopt New Jersey Student Learning Standards in Social Studies on Latino and Hispanic history.

b. A board of education shall include instruction on the history and contributions of Latinos and Hispanics in an appropriate place in the curriculum of students in grades kindergarten through 12 as part of the school district's implementation of the New Jersey Student Learning Standards in Social Studies. The instruction shall be historically accurate, culturally relevant, community-based, contemporary, and developmentally appropriate.

c. The Commissioner of Education, in consultation with the Commission on Latino and Hispanic Heritage established pursuant to section 2 of P.L.2019, c.321 (C.18A:4-48), shall provide school districts with sample learning activities and resources that may be used to support implementation of the instructional requirement.

##### **§ 18A:35-4.50** Concurrent occurrence, updates to New Jersey Student Learning Standards. {#sec-18a-35-4.50 omnilex-key=us-nj-statutes--title-18a--18A:35-4.50}

2. This act shall take effect immediately and shall first apply to the first full school year following the date of enactment. The standards adopted by the State Board of Education pursuant to section 1 of P.L.2025, c.146 (C.18A:35-4.49) shall occur concurrent with each update to the New Jersey Student Learning Standards required pursuant to section 4 of P.L.2007, c.260 (C.18A:7F-46).

##### **§ 18A:35-4.51** Short title. {#sec-18a-35-4.51 omnilex-key=us-nj-statutes--title-18a--18A:35-4.51}

1. This act shall be known and may be cited as the “Illicit Opioid Supply Substances Poisoning Awareness Act.”

##### **§ 18A:35-4.52** Illicit opioid substance danger, instruction, grades six through 12. {#sec-18a-35-4.52 omnilex-key=us-nj-statutes--title-18a--18A:35-4.52}

2. a. A school district shall include instruction on the dangers of substances that are the most prevalent or emerging in the illicit opioid supply in New Jersey in an appropriate place in the curriculum of students in grades six through 12 as part of the district’s implementation of the New Jersey Student Learning Standards in Comprehensive Health and Physical Education.

b. The instruction shall include, at a minimum, information on:

(1) illicit opioid substance abuse prevention;

(2) illicit opioid substance poisoning awareness;

(3) the dangers of synthetic opioids, common non-opioids added to the opioid supply as adulterants, and counterfeit drugs;

(4) recognizing the symptoms of opioid poisoning;

(5) how to respond to an opioid poisoning emergency; and

(6) laws that provide immunity or other protections for persons who administer opioid antidotes, such as naloxone, or who seek medical treatment for drug or alcohol poisoning or overdoses for themselves or others.

c. The Commissioner of Education shall provide school districts with existing age-appropriate resources compiled by the Commissioner of Health that address the requirements established pursuant to subsection a. of this section. Information for instruction on the dangers of illicit opioid substances shall utilize information and resources provided by:

(1) the National Institutes of Health;

(2) the United States Department of Health and Human Services;

(3) the Centers for Disease Control and Prevention;

(4) the New Jersey Department of Human Services; or

(5) any State, county, or municipal department or agency.

d. A school district shall provide age-appropriate information on where to access opioid antidotes, including naloxone, on school premises and in the community to students in a manner to be determined by the district.

e. The Department of Education shall post and maintain on its Internet website information on:

(1) instruction provided to school districts pursuant to subsection c. of this section on the dangers of substances in the illicit opioid supply;

(2) awareness and safety materials for school staff, students, and parents on opioid poisoning prevention;

(3) outreach organizations with resources concerning opioid awareness and opioid poisoning prevention;

(4) preventative mental health resources available from applicable federal, State, county, or municipal departments and agencies; and

(5) information connecting students and parents to resources, including resources on locations in which students and parents can obtain naloxone in their schools and communities.

f. The State Board of Education shall review and update the New Jersey Student Learning Standards in Comprehensive Health and Physical Education to ensure instruction on the dangers of substances in the illicit opioid supply is incorporated in an appropriate place in the curriculum of students in grades six through 12 as required pursuant to this section.

##### **§ 18A:35-4.53** Cursive handwriting instruction in the grade school curriculum. {#sec-18a-35-4.53 omnilex-key=us-nj-statutes--title-18a--18A:35-4.53}

1. A school district shall incorporate instruction on cursive handwriting into the curriculum for students in grades three through five. The curriculum shall include activities and instructional materials that help students become proficient in reading cursive and legibly writing in cursive by the end of grade five.

##### **§ 18A:35-5** Maintenance of physical training courses; features {#sec-18a-35-5 omnilex-key=us-nj-statutes--title-18a--18A:35-5}

Each board of education shall conduct as a part of the instruction in the public schools courses in health, safety and physical education, which courses shall be adapted to the ages and capabilities of the pupils in the several grades and departments. To promote the aims of these courses any additional requirements or rules as to medical inspection of school children may be imposed.

##### **§ 18A:35-5.1** Curriculum guidelines, Lyme disease, tick-borne disease prevention. {#sec-18a-35-5.1 omnilex-key=us-nj-statutes--title-18a--18A:35-5.1}

1. The Commissioner of Education, in consultation with the Commissioner of Health, shall develop curriculum guidelines for the teaching of information on the prevention of Lyme disease and other tick-borne diseases within the public school health curriculum. The guidelines shall emphasize disease prevention and include topics such as the biology of various tick species, tick habitats, a list of diseases transmitted by ticks, recommended attire and repellants to help protect an individual from ticks, how to perform tick checks, proper techniques for the removal of ticks, and symptoms an individual may experience after receiving a tick bite. The Commissioner of Education shall periodically review and update the guidelines to insure that the curriculum reflects the most current information available.

##### **§ 18A:35-5.1a** Findings, declarations. {#sec-18a-35-5.1a omnilex-key=us-nj-statutes--title-18a--18A:35-5.1a}

1. The Legislature finds and declares that:

a. New Jersey is among the nationwide leaders in tick-borne diseases and was one of the 17 states that reported 95 percent of the confirmed Lyme disease cases in 2019.

b. If not diagnosed and treated early, symptoms of Lyme disease may become more severe and life-altering. Later stages of Lyme disease can result in arthritis, severe joint pain and swelling, nervous system problems, impaired memory and other cognitive defects, and heart problems that include heart palpitations and chest pain.

c. It is altogether fitting and proper that New Jersey schools provide students with a more expansive education on ticks, tick-borne disease, and best methods for preventing exposure and identifying symptoms of tick-borne diseases.

##### **§ 18A:35-5.2** Curriculum guidelines, availability, incorporation, consultation. {#sec-18a-35-5.2 omnilex-key=us-nj-statutes--title-18a--18A:35-5.2}

2. a. The commissioner shall make the curriculum guidelines available to all school districts in the State.

b. A board of education shall incorporate the curriculum guidelines developed pursuant to section 1 of P.L.1991, c.488 (C.18A:35-5.1) in an appropriate place in the curriculum of students in grades kindergarten through 12 as part of the school district's implementation of the New Jersey Student Learning Standards in Comprehensive Health and Physical Education.

c. A board of education shall also consult resources from multiple nationally-recognized organizations with expertise in Lyme disease or other tick-borne diseases in fulfilling the requirements of subsection b. of this section.

##### **§ 18A:35-5.3** Guidelines for, training of teachers instructing infected students {#sec-18a-35-5.3 omnilex-key=us-nj-statutes--title-18a--18A:35-5.3}

3. The Commissioner of Education, in consultation with the Commissioner of Health, shall also provide curriculum guidelines for the training of all teachers who instruct students with Lyme disease which emphasizes the special needs and problems of students with the disease, in order to provide information about how best to teach those students. Each school district shall annually provide training to all teachers who instruct students with Lyme disease, based upon the guidelines.

##### **§ 18A:35-5.4** Instruction on breast self-examination required {#sec-18a-35-5.4 omnilex-key=us-nj-statutes--title-18a--18A:35-5.4}

1. Each board of education which operates an educational program for students in grades 7 through 12 shall offer instruction in breast self-examination. The instruction shall take place as part of the district's implementation of the Core Curriculum Content Standards in Comprehensive Health and Physical Education, and the comprehensive health and physical education curriculum framework shall provide school districts with sample activities that may be used to support implementation of the instructional requirement.

##### **§ 18A:35-6** Supervision of instruction {#sec-18a-35-6 omnilex-key=us-nj-statutes--title-18a--18A:35-6}

Such courses, and the instruction therein, shall be subject to the general supervision and direction of the commissioner, who shall appoint, with the approval of the state board, such expert assistants as in the opinion of the state board shall from time to time be necessary to carry out the purposes of such courses.

##### **§ 18A:35-7** Course required {#sec-18a-35-7 omnilex-key=us-nj-statutes--title-18a--18A:35-7}

Every pupil, except kindergarten pupils, attending the public schools, insofar as he is physically fit and capable of doing so, as determined by the medical inspector, shall take such courses, which shall be a part of the curriculum prescribed for the several grades, and the conduct and attainment of the pupils shall be marked as in other courses or subjects, and the standing of the pupil in connection therewith shall form a part of the requirements for promotion or graduation.

##### **§ 18A:35-8** Time devoted to course {#sec-18a-35-8 omnilex-key=us-nj-statutes--title-18a--18A:35-8}

The time devoted to such courses shall aggregate at least two and one-half hours in each school week, or proportionately less when holidays fall within the week.

##### **§ 18A:35-9** Qualifications of teachers; instruction of college pupils {#sec-18a-35-9 omnilex-key=us-nj-statutes--title-18a--18A:35-9}

The state board shall adopt rules fixing the necessary qualifications of teachers in such courses in the public school system and all students at the state colleges shall be required to receive thorough instruction in such courses.

##### **§ 18A:35-10** Military training course; when required; preparation {#sec-18a-35-10 omnilex-key=us-nj-statutes--title-18a--18A:35-10}

If the State board shall determine that the courses in health, safety and physical education, as prescribed for male pupils in the high school, shall include a course in military training, such course in military training shall be prepared by the commissioner and the Adjutant General of the Department of Defense and be a part of the courses in health, safety, and physical education for male pupils, and all male pupils in the high school shall be required to take the same except those who are physically unfit, as determined by the medical inspector, or whose parents have conscientious scruples against military training.

##### **§ 18A:35-11** Military training; referendum {#sec-18a-35-11 omnilex-key=us-nj-statutes--title-18a--18A:35-11}

If the state board does not require the course in military training to be included in courses in health, safety and physical training, the question of the inclusion thereof, in such courses to be given in any district, shall be submitted to the legal voters of the district by referendum when the board of education of the district so determines by resolution or when a petition signed by at least 10% of the legal voters of the district requests the question to be so submitted.

In districts in which annual school elections are held the petition shall be filed with the secretary of the board of education and the question shall be submitted at the next ensuing annual, or at a special school election following the nineteenth day after the filing of the petition and in all other districts the petition shall be filed with the clerk of the municipality and the question shall be submitted at the next ensuing general election following the thirty-fourth day after the filing of the petition.

##### **§ 18A:35-12** Result of election; establishment of course {#sec-18a-35-12 omnilex-key=us-nj-statutes--title-18a--18A:35-12}

If, at such election, the number of votes cast in favor of the adoption of the question shall exceed the number of votes cast against the adoption of the question, military training shall be included in the courses in health, safety and physical education for male pupils in the high school of the district, within 60 days after the election.

##### **§ 18A:35-13** Expenses of maintaining military training {#sec-18a-35-13 omnilex-key=us-nj-statutes--title-18a--18A:35-13}

The funds required to furnish the necessary equipment for such course in military training and to meet the expenses incident thereto shall be provided in the same manner as funds for other equipment and expenses in public schools are provided.

##### **§ 18A:35-14** Instructors in military training; qualifications; salary {#sec-18a-35-14 omnilex-key=us-nj-statutes--title-18a--18A:35-14}

Every instructor of such course in military training shall hold at all times a certificate as to his qualifications as an instructor in military training from the Adjutant General of the Department of Defense, and the salary of each such instructor shall be paid by the district obtaining his services.

##### **§ 18A:35-15** Legislative findings {#sec-18a-35-15 omnilex-key=us-nj-statutes--title-18a--18A:35-15}

The Legislature finds that there are large numbers of children in the State who come from environments where the primary language is other than English. Experience has shown that public school classes in which instruction is given only in English are often inadequate for the education of children whose native tongue is another language. The Legislature believes that a program of bilingual education can meet the needs of those children and facilitate their integration into the regular public school curriculum. Therefore, pursuant to the policy of the State to insure equal educational opportunity to every child, and in recognition of the educational needs of children of limited English speaking ability, it is the purpose of this act to provide for the establishment of bilingual education programs in the public schools.

##### **§ 18A:35-16** Definitions {#sec-18a-35-16 omnilex-key=us-nj-statutes--title-18a--18A:35-16}

As used in this act, the following words and phrases shall have the following meaning:

"Children of limited English-speaking ability" means those children whose primary language is other than English and who have difficulty performing ordinary classwork in English.

"Programs in bilingual education" means a full-time program of instruction (1) in all those courses or subjects which a child is required by law, rule or regulation to receive given in the native language of the children of limited English-speaking ability enrolled in the program and also in English (2) in the aural comprehension, speaking, reading, and writing of the native language of the children of limited English-speaking ability enrolled in the program and in the aural comprehension, speaking, reading and writing of English, and (3) in the history and culture of the country, territory or geographic area which is the native land of the parents of children of limited English-speaking ability enrolled in the program and in the history and culture of the United States.

##### **§ 18A:35-17** Identification and classification of children of limited English-speaking ability {#sec-18a-35-17 omnilex-key=us-nj-statutes--title-18a--18A:35-17}

Each school district shall identify and ascertain, according to rules prescribed by the Commissioner of Education with the approval of the State board, the children attending the schools of the district who are of limited English-speaking ability and, also, those not in attendance but resident within the district, and shall classify them according to the language of which such children possess a primary speaking ability.

##### **§ 18A:35-18** Programs in bilingual education; establishment; number of pupils; waiver {#sec-18a-35-18 omnilex-key=us-nj-statutes--title-18a--18A:35-18}

4. a. When, at the beginning of any school year, there are within the schools of the district 20 or more pupils of limited English-speaking ability in any one language classification, the board of education shall establish, for each such classification, a program in bilingual education for all the pupils therein; provided, however, that a board of education may establish a program in bilingual education for any language classification with less than 20 children therein.

b. The Commissioner of Education may waive the requirement that a board of education establish a full time bilingual education program when the board is able to demonstrate that due to the age range, grade span or geographic location of the eligible pupils it would be impractical to provide a full time bilingual education program. The waiver shall permit the district to implement a special alternative instructional program for as long as the conditions exist that justified the waiver.

##### **§ 18A:35-19** Period of continuance of participation by pupil {#sec-18a-35-19 omnilex-key=us-nj-statutes--title-18a--18A:35-19}

Every pupil participating in a program established pursuant to this act shall be entitled to continue such participation for a period of 3 years.

##### **§ 18A:35-19.1** Transfer of bilingual pupil to English-only program {#sec-18a-35-19.1 omnilex-key=us-nj-statutes--title-18a--18A:35-19.1}

A pupil enrolled in a bilingual education program pursuant to P.L.1974, c.197 (C.18A:35-15 et seq.) shall be placed in the English-only program when the pupil demonstrates readiness to function successfully in the English-only program. The process to determine the readiness or inability of the individual pupil to function successfully in the English-only program shall be initiated by the pupil's level of English proficiency as measured by a State established cut-off score on an English language proficiency test and the readiness of the pupil shall be further assessed on the basis of multiple indicators which shall, at a minimum, include classroom performance, the pupil's reading level in English, the judgment of the teaching staff member or members responsible for the educational program of the pupil, and performance on achievement tests in English.

##### **§ 18A:35-19.2** Appeal of placement decision {#sec-18a-35-19.2 omnilex-key=us-nj-statutes--title-18a--18A:35-19.2}

If any parent or teaching staff member disagrees with the decision either that a pupil exit from or remain in the district's bilingual education program, the parent or teaching staff member may appeal this decision. After exhausting a local appeal process, any parent or guardian who is not satisfied with the district's explanation for its decision shall have the right to a hearing as a contested case before the Commissioner of Education or his designee. The final decision on a child's placement shall be based on the best interests of the child in accordance with the assessment criteria set forth in section 1 of this amendatory and supplementary act. An appeal under this provision shall be heard and decided by the commissioner or his designee on an expedited basis.

##### **§ 18A:35-19.3** Rules, regulations {#sec-18a-35-19.3 omnilex-key=us-nj-statutes--title-18a--18A:35-19.3}

The State Board of Education shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the provisions of this act. The Commissioner of Education shall issue guidelines to serve as temporary procedures for effectuating the provisions of this act until such time as the State board promulgates regulations.

##### **§ 18A:35-20** Participation in courses in which verbalization unessential to understanding of subject matter; location of and children in bilingual programs {#sec-18a-35-20 omnilex-key=us-nj-statutes--title-18a--18A:35-20}

In those courses or subjects in which verbalization is not essential to an understanding of the subject matter, including but not limited to art, music, and physical education, pupils of limited English-speaking ability shall participate fully with English-speaking pupils in the regular classes provided for such subjects. Each board shall insure to each pupil enrolled in a program in bilingual education a practical and meaningful opportunity to participate fully in all programs and activities available in the school district. Programs in bilingual education shall be located in the regular public schools of the district rather than in separate facilities. Bilingual education programs may include children of English-speaking ability.

##### **§ 18A:35-21** Joint establishment by school districts {#sec-18a-35-21 omnilex-key=us-nj-statutes--title-18a--18A:35-21}

A school district may join with any other school district or districts, according to rules prescribed by Commissioner of Education with the approval of the State board, to provide programs pursuant to this act.

##### **§ 18A:35-22** Notification of parents; involvement in programs {#sec-18a-35-22 omnilex-key=us-nj-statutes--title-18a--18A:35-22}

8. Each school district shall notify by mail the parents of the pupils of limited English-speaking ability of the fact that their child has been indentified as eligible for enrollment in a program of bilingual education. Such notice shall include the information that the parents have the option of declining enrollment of their child in a bilingual program, and they shall be given an opportunity to decline enrollment if they so choose. The notice shall be in writing and in the language of which the child of the parents so notified possesses a primary speaking ability, and in English. In addition, whenever a school district determines, on the basis of a pupil's level of English proficiency, that a pupil should exit from a program of bilingual education the district shall notify the parents of the pupil by mail.

The board shall provide for the maximum practicable involvement of parents of children of limited English-speaking ability in the development and review of program objectives and dissemination of information to and from the local school districts and communities served by the bilingual education program within existing State law.

##### **§ 18A:35-22.1** Removal of pupil from bilingual education program {#sec-18a-35-22.1 omnilex-key=us-nj-statutes--title-18a--18A:35-22.1}

2. A parent or guardian may remove a pupil who is enrolled in a bilingual education program at any time; except that during the first three years of a pupil's participation in a bilingual education program, a parent or guardian may only remove the pupil at the end of each school year. If a parent or guardian wishes to remove the pupil prior to the end of each school year, the removal shall be approved by the county superintendent of schools. If the county superintendent determines that the pupil should remain in the bilingual education program until the end of the school year, the parent may appeal the county superintendent;s decision to the Commissioner of Education, or his designee, pursuant to the provisions of section 2 of P.L.1991, c.12 (C.18A:35-19.2). The commissioner's decision shall be rendered within 30 days of the filing of the appeal.

##### **§ 18A:35-23** Implementation of provisions {#sec-18a-35-23 omnilex-key=us-nj-statutes--title-18a--18A:35-23}

9. The Commissioner of Education shall, with the approval of the State Board of Education promulgate rules and regulations, establish procedures, employ personnel, and take all other necessary steps to insure the implementation of the provisions of this act.

##### **§ 18A:35-24** State Advisory Committee on Bilingual Education; establishment; membership {#sec-18a-35-24 omnilex-key=us-nj-statutes--title-18a--18A:35-24}

10. The State Board of Education shall establish a State Advisory Committee on Bilingual Education to assist the Department of Education in the formulation of policies and procedures relating to this act. The State Advisory Committee on Bilingual Education shall include representatives of the language communities served, institutions of higher education, local school boards, school administrators, teachers and laymen knowledgeable in the field of bilingual education.

##### **§ 18A:35-25** Financial support to institutions of higher education {#sec-18a-35-25 omnilex-key=us-nj-statutes--title-18a--18A:35-25}

11. The Commission on Higher Education with the advice of the State Advisory Committee on Bilingual Education shall recommend to the treasurer that financial support be provided to institutions of higher education for career development programs and the training of professionals serving bilingual populations with emphasis on effective utilization of existing facilities.

##### **§ 18A:35-26** Developmental activities {#sec-18a-35-26 omnilex-key=us-nj-statutes--title-18a--18A:35-26}

12. The State Board of Education shall develop resources, programs, curriculum and instructional materials and undertake such other activities as will enable boards of education to provide programs pursuant to this act.

##### **§ 18A:35-26.1** Guidance on identifying English language learners for gifted and talented programs. {#sec-18a-35-26.1 omnilex-key=us-nj-statutes--title-18a--18A:35-26.1}

1. a. The Commissioner of Education shall develop guidance for school districts concerning the identification of English language learners for gifted and talented programs. The purposes and objectives of the guidance shall be to:

(1) assist school districts in identifying English language learners in grades kindergarten through 12 who are gifted and talented so that they may be matched with programs that will help them achieve in accordance with their full capabilities; and

(2) provide guidelines on appropriate identification methods that may help reduce the underrepresentation of English language learners in gifted and talented programs.

b. The guidance developed by the commissioner shall include, but not be limited to, information on: recognizing and addressing potential challenges in the process of identifying English language learners who are gifted and talented; the use of multiple methods and measures in assessing the eligibility of English language learners for gifted and talented programs; and the importance of professional development for and collaboration among teachers in the identification process, including teachers of English language learner programs, teachers of gifted and talented programs, and general classroom teachers.

##### **§ 18A:35-27** Findings, declarations {#sec-18a-35-27 omnilex-key=us-nj-statutes--title-18a--18A:35-27}

1. The Legislature finds and declares that:

a. New Jersey has recently become the focal point of national attention for the most venomous and vile of ethnic hate speeches.

b. There is an inescapable link between violence and vandalism and ethnic and racial intolerance. The New Jersey Department of Education itself has formally recognized the existence of the magnitude of this problem in New Jersey schools by the formation of a Commissioner's Task Force on Violence and Vandalism.

c. New Jersey is proud of its enormous cultural diversity. The teaching of tolerance must be made a priority if that cultural diversity is to remain one of the State's strengths.

d. National studies indicate that fewer than 25% of students have an understanding of organized attempts throughout history to eliminate various ethnic groups through a systematic program of mass killing or genocide.

e. The New Jersey Commission on Holocaust Education, created pursuant to P.L.1991, c.193 (C.18A:4A-1 et seq.), several years ago expanded its mission to study and recommend curricular material on a wide range of genocides. The Holocaust Commission is an ideal agency to recommend curricular materials to local districts.

##### **§ 18A:35-28** Instruction on Holocaust, genocides required in elementary, secondary school curriculum {#sec-18a-35-28 omnilex-key=us-nj-statutes--title-18a--18A:35-28}

2. a. Every board of education shall include instruction on the Holocaust and genocides in an appropriate place in the curriculum of all elementary and secondary school pupils.

b. The instruction shall enable pupils to identify and analyze applicable theories concerning human nature and behavior; to understand that genocide is a consequence of prejudice and discrimination; and to understand that issues of moral dilemma and conscience have a profound impact on life. The instruction shall further emphasize the personal responsibility that each citizen bears to fight racism and hatred whenever and wherever it happens.

##### **§ 18A:35-29** Short title. {#sec-18a-35-29 omnilex-key=us-nj-statutes--title-18a--18A:35-29}

1. This act shall be known and may be cited as the "Recovery High School Alternative Education Act."

##### **§ 18A:35-30** Definitions relative to alternative education programs. {#sec-18a-35-30 omnilex-key=us-nj-statutes--title-18a--18A:35-30}

2. As used in this act:

"Alternative education program" means a comprehensive educational program designed to address the individual learning, behavior, and health needs of students who are not succeeding in a general education program or who have been mandated for removal from general education. The alternative education program shall provide a variety of approaches to meet State-adopted standards, including non-traditional programs, services, and methodologies to ensure curriculum and instruction are delivered in a way that enables students to demonstrate the knowledge and skills specified for all students.

"Recovery high school alternative education program" means an alternative education program that serves students diagnosed with substance use disorder or dependency as defined by the most recent Diagnostic and Statistical Manual of Mental Disorders, and that provides a comprehensive four-year high school education in an alternative public school setting and a structured plan of recovery that is aligned with the national framework of evidence-based practices for recovery high schools.

##### **§ 18A:35-31** Operation of alternative education program permitted. {#sec-18a-35-31 omnilex-key=us-nj-statutes--title-18a--18A:35-31}

3. Any board of education may operate an alternative education program including, but not limited to, a recovery high school alternative education program, upon approval by the board of education. The Commissioner of Education shall approve any alternative education program within a State agency, public college operated program, or department-approved school.

##### **§ 18A:35-32** Agreement for provision of services to out-of-district student. {#sec-18a-35-32 omnilex-key=us-nj-statutes--title-18a--18A:35-32}

4. A sending district may enter into an agreement with a school district which has established a recovery high school alternative education program for the provision of services to a student who is currently enrolled in the sending district. If the student is admitted to the recovery high school alternative education program, the sending district shall pay tuition to that district calculated in accordance with the provisions of N.J.S.18A:38-19.

##### **§ 18A:35-33** Regulations. {#sec-18a-35-33 omnilex-key=us-nj-statutes--title-18a--18A:35-33}

5. The State Board of Education may adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.

##### **§ 18A:35-34** Short title. {#sec-18a-35-34 omnilex-key=us-nj-statutes--title-18a--18A:35-34}

1. This act shall be known and may be cited as the "Strengthening Gifted and Talented Education Act."

##### **§ 18A:35-35** Definitions relative to gifted and talented students. {#sec-18a-35-35 omnilex-key=us-nj-statutes--title-18a--18A:35-35}

2. As used in this act:

"Gifted and talented student" means a student who possesses or demonstrates a high level of ability in one or more content areas when compared to his chronological peers in the school district and who requires modifications of his educational program if he is to achieve in accordance with his capabilities.

"Instructional adaptation" means an adjustment or modification to instruction enabling a student who is gifted and talented to participate in, benefit from, and demonstrate knowledge and application of the New Jersey Student Learning Standards in one or more content areas at the instructional level of the student, not just the student's grade level.

##### **§ 18A:35-36** Instructional adaptations, educational services for gifted and talented students. {#sec-18a-35-36 omnilex-key=us-nj-statutes--title-18a--18A:35-36}

3. a. A board of education shall ensure that appropriate instructional adaptations and educational services are provided to gifted and talented students in kindergarten through grade 12 to enable them to participate in, benefit from, and demonstrate knowledge and application of the New Jersey Student Learning Standards at the instructional level of the student.

b. A board of education shall:

(1) ensure that appropriate instructional adaptations are designed for students who are gifted and talented;

(2) make provisions for an ongoing kindergarten through grade 12 identification process for gifted and talented students that includes multiple measures in order to identify student strengths in intellectual ability, creativity, or a specific academic area. School districts shall ensure equal access to a continuum of gifted and talented education services. The identification process shall include consideration of all students, including those who are English language learners and those with Individualized Education Plans or 504 plans;

(3) develop and document appropriate curricular and instructional modifications used for gifted and talented students indicating content, process, products, and learning environment, and including, but not limited to, additional education activities such as academic competitions, guest speakers, and lessons with a specialist;

(4) take into consideration the Gifted Programming Standards, Position Statements, and White Papers of the National Association for Gifted Children in identifying and serving gifted and talented students;

(5) provide the time and resources to develop, review, and enhance instructional tools with modifications for helping gifted and talented students acquire and demonstrate mastery of the required knowledge and skills specified by the standards at the instructional level of the student; and

(6) actively assist and support professional development for teachers, educational services staff, and school leaders in the area of gifted and talented instruction.

##### **§ 18A:35-37** Coordinator for gifted and talented services. {#sec-18a-35-37 omnilex-key=us-nj-statutes--title-18a--18A:35-37}

4. a. The Commissioner of Education shall appoint a coordinator for gifted and talented services. The coordinator shall have teaching experience and specialized knowledge in gifted and talented education. The coordinator shall be responsible for providing support by identifying and sharing research and resources to school districts as they develop, implement, and review their local gifted and talented services. The coordinator shall be responsible for reviewing the information about gifted and talented services provided by each school district to support implementation of the provisions of this act.

b. Each school district shall file with the coordinator a report by October 1, 2020 and thereafter on a schedule that coincides with the school district's New Jersey Quality Single Accountability Continuum review pursuant to section 11 of P.L.1975, c.212 (C.18A:7A-11). The report shall include, but not be limited to:

(1) the gifted and talented continuum of services, policies, and procedures implemented in the school district;

(2) the total number of students receiving gifted and talented services in each grade level kindergarten through grade 12 disaggregated by race, gender, special education designation, and English language learner designation;

(3) the professional development opportunities provided for teachers, educational services staff, and school leaders about gifted and talented students, their needs, and educational development; and

(4) the number of staff employed by the school district whose job responsibilities include identification of and providing services to gifted and talented students.

##### **§ 18A:35-38** Complaint for noncompliance. {#sec-18a-35-38 omnilex-key=us-nj-statutes--title-18a--18A:35-38}

5. a. An individual who believes that a school district has not complied with the provisions of this act may file a complaint with the board of education. The right to file a complaint shall be set forth in the board's policy on gifted and talented education. The policy shall be linked to the homepage of the board's Internet website. The board shall issue a decision, in writing, to affirm, reject, or modify the district's action in the matter.

b. The individual may then file a petition of appeal of the board's written decision to the Commissioner of Education through the Office of Controversies and Disputes in accordance with N.J.S.18A:6-9 and the procedures set forth in State Board of Education regulations.

##### **§ 18A:35-39** Information available on website. {#sec-18a-35-39 omnilex-key=us-nj-statutes--title-18a--18A:35-39}

6. A school district shall make detailed information available on its website regarding the policies and procedures used to identify students as gifted and talented and the continuum of services offered to gifted and talented students. The information shall include the criteria used for consideration for eligibility for the gifted and talented services, including the multiple measures used in the identification process to match a student's needs with services, and any applicable timelines in the identification process.

##### **§ 18A:35-40** Findings, declarations relative to civics education in public schools. {#sec-18a-35-40 omnilex-key=us-nj-statutes--title-18a--18A:35-40}

1. The Legislature finds and declares that:

a. New Jersey law requires school districts to provide a two-year course of United States history in high school, which is supposed to include curriculum on civics, economics, and the history of the State of New Jersey; however, most school districts' curricula focus solely on a chronology of United States history in meeting this statutory requirement;

b. New Jersey law also requires school districts to adopt a course of study about New Jersey history, geography, and community civics in an elementary grade; however, there are no social studies requirements for middle school;

c. Civic literacy and engagement are essential to maintaining a representative democracy;

d. Unlike 40 other states, New Jersey does not require school districts to provide a specific course in civics;

e. By age 10, students possess the higher order thinking skills necessary for a rigorous, reflective course in civics;

f. Independent studies conclude that well-designed civics education fosters an understanding and appreciation of democracy and the skills needed for participation in a democratic society;

g. Requiring students to complete a civics course in middle school will ensure that all New Jersey students have the opportunity to gain the knowledge and skills for active citizenship;

h. Professional development for teachers is critical to ensure effective classroom instruction; and

i. The New Jersey Center for Civic Education at Rutgers, The State University has substantial expertise and 30 years of experience providing professional development, sample curricula, and resources for New Jersey teachers.

##### **§ 18A:35-41** Provision of course of study in civics. {#sec-18a-35-41 omnilex-key=us-nj-statutes--title-18a--18A:35-41}

3. Beginning in the 2022-2023 school year, each board of education shall provide a course of study in civics, which shall be taken by all students in an appropriate middle school grade. The course shall address: the values and principles underlying the American system of constitutional democracy; the function and limitations of government; and the role of a citizen in a democratic society. The board shall ensure that the course of study includes a minimum of two quarters of instruction, or the equivalent.

##### **§ 18A:35-42** Provision of materials, online resources. {#sec-18a-35-42 omnilex-key=us-nj-statutes--title-18a--18A:35-42}

4. The New Jersey Center for Civic Education at Rutgers, the State University shall provide a clearinghouse of materials, an online resource center, technical assistance, professional development and any other activities to encourage the integration of civics, economics, and New Jersey history in the teaching of United States history pursuant to N.J.S.18A:35-1 and N.J.S.18A:35-2 and to enhance the middle school civics course of study as required pursuant to section 3 of this act. The Legislature shall annually appropriate such sums as are necessary to effectuate the purposes of this act to the New Jersey Center for Civic Education at Rutgers, the State University.

## **Chapter 36** {#struct-chapter-36}

##### **§ 18A:36-1** School year {#sec-18a-36-1 omnilex-key=us-nj-statutes--title-18a--18A:36-1}

The school year for all schools in the public school system shall begin on July 1 and end on June 30.

##### **§ 18A:36-2** Time when schools are open; determination {#sec-18a-36-2 omnilex-key=us-nj-statutes--title-18a--18A:36-2}

The board of education shall determine annually the dates, between which the schools of the district shall be open, in accordance with law.

##### **§ 18A:36-3** Display of and salute to flag; pledge of allegiance {#sec-18a-36-3 omnilex-key=us-nj-statutes--title-18a--18A:36-3}

Every board of education shall:

(a) Procure a United States flag, flagstaff and necessary appliances therefor for each school in the district and display such flag upon or near the public school building during school hours;

(b) Procure a United States flag, flagstaff and necessary appliances or standard therefor for each assembly room and each classroom in each school, and display such flag in the assembly room and each classroom during school hours and at such other time as the board of education may deem proper; and

(c) Require the pupils in each school in the district on every school day to salute the United States flag and repeat the following pledge of allegiance to the flag: "I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all," which salute and pledge of allegiance shall be rendered with the right hand over the heart, except that pupils who have conscientious scruples against such pledge or salute, or are children of accredited representatives of foreign governments to whom the United States government extends diplomatic immunity, shall not be required to render such salute and pledge but shall be required to show full respect to the flag while the pledge is being given merely by standing at attention, the boys removing the headdress.

##### **§ 18A:36-4** Period of silence {#sec-18a-36-4 omnilex-key=us-nj-statutes--title-18a--18A:36-4}

Principals and teachers in each public elementary and secondary school of each school district in this State shall permit students to observe a 1 minute period of silence to be used solely at the discretion of the individual student, before the opening exercises of each school day for quiet and private contemplation or introspection.

##### **§ 18A:36-5** "Special Education Week" designated. {#sec-18a-36-5 omnilex-key=us-nj-statutes--title-18a--18A:36-5}

2. The week beginning with the second Sunday in May of each year is designated as "Special Education Week" in the State of New Jersey in order to give the citizens of this State the opportunity to recognize the contribution of public school board members, schools, and agencies for students with disabilities, educators, parents, and the students themselves, and to commend them for their dedication to ensuring quality education for students with disabilities in this State.

##### **§ 18A:36-5.1** "School Violence Awareness Week"; designated. {#sec-18a-36-5.1 omnilex-key=us-nj-statutes--title-18a--18A:36-5.1}

2. The week beginning with the third Monday in October of each year is designated as "School Violence Awareness Week" in the State of New Jersey. School districts shall observe this week by organizing activities to prevent school violence including, but not limited to, age-appropriate opportunities for student discussion on conflict resolution, issues of student diversity, and tolerance. Law enforcement personnel shall be invited to join members of the teaching staff in the discussions. Programs shall also be provided for school board employees that are designed to help them recognize warning signs of school violence and to instruct them on recommended conduct during an incident of school violence. The Department of Education shall provide guidelines and information to boards of education for use in planning the activities in observance of the week and such funds as are necessary to pay the costs of the required activities and programs.

##### **§ 18A:36-6** Observance of flag day {#sec-18a-36-6 omnilex-key=us-nj-statutes--title-18a--18A:36-6}

The principals and teachers in the public schools shall make suitable arrangements for the celebration, by appropriate exercises among the pupils in the schools, of June 14 in each year, as the day of the adoption of the American flag by the Continental congress.

##### **§ 18A:36-7** Designation of Arbor Day {#sec-18a-36-7 omnilex-key=us-nj-statutes--title-18a--18A:36-7}

For the purpose of encouraging the planting of shade and forest trees and the designation of a uniform day throughout the nation, the last Friday of April in each year is hereby designated as a day for the general observance of that purpose, and shall be known as Arbor Day.

##### **§ 18A:36-10** Designation of Commodore Barry Day {#sec-18a-36-10 omnilex-key=us-nj-statutes--title-18a--18A:36-10}

September 13 in each year shall be known as Commodore John Barry Day, except when such day shall fall on Saturday, then the day preceding, or on Sunday, then the day following.

##### **§ 18A:36-11** Observance of Commodore Barry Day {#sec-18a-36-11 omnilex-key=us-nj-statutes--title-18a--18A:36-11}

It shall be the duty of the authorities of every public school in this state to assemble the pupils in their charge on such day in the school building, or elsewhere, as they may deem proper, and to provide for and conduct such exercises or instructions as shall tend to (1) acquaint such pupils with the achievements of Commodore John Barry, "father of the American navy," and (2) honor the memory of Commodore Barry.

##### **§ 18A:36-12** Exercises on Commodore Barry Day {#sec-18a-36-12 omnilex-key=us-nj-statutes--title-18a--18A:36-12}

The commissioner shall prescribe a course of exercises or instructions which shall be adopted and observed by public school authorities on Commodore John Barry Day.

##### **§ 18A:36-13** Patriotic exercises preceding holidays. {#sec-18a-36-13 omnilex-key=us-nj-statutes--title-18a--18A:36-13}

Appropriate exercises for the development of a higher spirit of patriotism shall be held in all public schools on the last school day preceding Washington's Birthday (also celebrated as President's Day), Decoration or Memorial Day, Columbus Day, and Veterans Day.

##### **§ 18A:36-13.1** Observation of certain holidays by school district. {#sec-18a-36-13.1 omnilex-key=us-nj-statutes--title-18a--18A:36-13.1}

5. A school district may conduct a course of exercises or instruction in accordance with the core curriculum content standards to observe holidays, including, but not limited to, Lincoln's Birthday, Thanksgiving Day, and Arbor Day.

##### **§ 18A:36-13.2** Excused absence for certain pupils on Veterans Day. {#sec-18a-36-13.2 omnilex-key=us-nj-statutes--title-18a--18A:36-13.2}

1. a. Notwithstanding any law, rule, or regulation to the contrary, any pupil of a public school who is absent from school on November 11, Veterans Day, attending a ceremony honoring a veteran or a member of the United States Armed Forces or the New Jersey National Guard returning from overseas deployments, or assisting a veteran at a hospital, food shelter, or any similar facility, shall have the absence for those reasons recorded as an excused absence on the pupil's attendance record or on that of any group or class of which he is a member. Any transcript, application, employment form, or any similar form on which information concerning a pupil's attendance record is requested shall show, with respect to absences, only absences other than excused absences authorized pursuant to this subsection. In making a determination on whether or not a student has a perfect attendance record for the school year, a school district shall not consider as an absence an excused absence authorized pursuant to this subsection.

b. A pupil shall provide such documentation as the superintendent or administrative principal of the school district deems necessary to prove the pupil meets the requirements for the excused absence under subsection a. of this section.

c. As used in this section, "veteran" means a person who has served on active duty in the Armed Forces of the United States and who was discharged or released therefrom under conditions other than dishonorable.

##### **§ 18A:36-14** Religious holidays; absence of pupils on; effect {#sec-18a-36-14 omnilex-key=us-nj-statutes--title-18a--18A:36-14}

No pupil of any public school, who shall be absent, by reason of observance of a religious holiday, from such school at any time when the same is in session, shall by reason of such absence be deprived of any award or of eligibility or opportunity to compete for any award, or of the right to take an alternate test or examination, for any which he missed by reason of such absence, if a written excuse signed by a parent of, or person standing in loco parentis to, the pupil be presented to the proper school authority.

##### **§ 18A:36-15** Absence because of religious holidays as excused absence {#sec-18a-36-15 omnilex-key=us-nj-statutes--title-18a--18A:36-15}

Any absence because of religious holidays shall be recorded as excused absence on the pupil's attendance record or on that of any group or class of which he is a member, and any transcript or application or employment form or any similar form on which information concerning a pupil's attendance record is requested shall show, with respect to absences, only absences other than absences excused because of religious holidays.

##### **§ 18A:36-16** Rules regarding religious holidays {#sec-18a-36-16 omnilex-key=us-nj-statutes--title-18a--18A:36-16}

The commissioner, with the approval of the state board, shall prescribe rules relative to absences for religious holidays including, but not limited to, a list of holidays on which it shall be mandatory to excuse a pupil, but nothing herein contained shall be construed to limit the right of any board of education, at its discretion, to excuse absence on any other day by reason of the observance of a religious holiday.

##### **§ 18A:36-17** Credit of seniors in active military and naval service, etc. {#sec-18a-36-17 omnilex-key=us-nj-statutes--title-18a--18A:36-17}

Any pupil or student who has completed or shall complete the work of the junior year in any of the public high schools or educational institutions and who heretofore and subsequent to July 1, 1940, entered, or hereafter in time of war, shall enter the active military or naval service of the United States or the active service of the United States merchant marine or the active service of the women's army corps, the women's reserve of the naval reserve or any similar organization authorized by the United States to serve with the army or navy, or the active military or naval service of the Dominion of Canada, or who in time of emergency heretofore entered or hereafter shall serve on active duty with the armed forces of the United States, and who continued or shall continue to attend the regular sessions in any of the public high schools or educational institutions until 21 days prior to such entry and whose school work has been satisfactory until 21 days prior to such entry, shall be given credit for the work of the complete senior year without examination, and shall be entitled to and receive the diploma, certificate, degree, or other credentials or standings awarded to those pupils or students of the school or institution who have satisfactorily completed the work of the said senior year.

As used in this section the term "in time of emergency" shall mean and include any time after June 23, 1950, and prior to the termination, suspension or revocation of the proclamation of the existence of a national emergency issued by the president of the United States on December 16, 1950, or termination of the existence of such national emergency by appropriate action of the president or congress of the United States.

##### **§ 18A:36-18** Books containing organic laws at graduation {#sec-18a-36-18 omnilex-key=us-nj-statutes--title-18a--18A:36-18}

The board of education of every school district shall have printed and suitably bound in book form, copies of the Declaration of Independence, the constitution of the United States and the amendments thereto, and the constitution of the state of New Jersey and the amendments thereto, and a copy of such book shall be presented to each pupil upon his graduation from any elementary school.

##### **§ 18A:36-19** Pupil records; creation, maintenance and retention, security and access; regulations; nonliability {#sec-18a-36-19 omnilex-key=us-nj-statutes--title-18a--18A:36-19}

The State Board of Education shall provide by regulation for the creation, maintenance and retention of pupil records and for the security thereof and access thereto, to provide general protection for the right of the pupil to be supplied with necessary information about herself or himself, the right of the parent or guardian and the adult pupil to be supplied with full information about the pupil, except as may be inconsistent with reasonable protection of the persons involved, the right of both pupil and parent or guardian to reasonable privacy as against other persons and the opportunity for the public schools to have the data necessary to provide a thorough and efficient educational system for all pupils.

No liability shall attach to any member, officer or employee of any board of education for the furnishing of any pupil records consistent with this act and the regulations adopted hereunder.

##### **§ 18A:36-19a** Student records. {#sec-18a-36-19a omnilex-key=us-nj-statutes--title-18a--18A:36-19a}

1. The chief school administrator or the administrator's designee of any local school district that enrolls a new student shall request, in writing, the student's records from the school district of last attendance within two weeks from the date that the student enrolls in the new school district. The school district of last attendance shall provide to the receiving district all information in the student's record related to disciplinary actions taken against the student by the district and notify the receiving district, in writing, if it has obtained any information pursuant to section 1 of P.L.1982, c.79 (C.2A:4A-60) or section 1 of P.L.2009, c.157 (C.2C:43-5.1). If the receiving district, after having requested in writing the student's records from the school district of last attendance, does not receive those records, it shall use every available means to obtain the records. If the school district of last attendance does not receive a written request for the student's records within two weeks of the student's transfer, it shall use every available means to determine which local school district the student has enrolled in, and to send the student's records, including any information received regarding criminal history pursuant to section 1 of P.L.1982, c.79 (C.2A:4A-60) or section 1 of P.L.2009, c.157 (C.2C:43-5.1), to that district.

Written consent of the parent or adult student shall not be required as a condition of transfer of this information; however, written notice of the transfer shall be provided to the parent or adult student. Additionally, the school district shall obtain proper identification of any new student such as a certified copy of the student's certificate of birth.

##### **§ 18A:36-19b** Student placement liaison. {#sec-18a-36-19b omnilex-key=us-nj-statutes--title-18a--18A:36-19b}

5. a. The chief school administrator or lead person of a public school, including a charter school, shall designate a staff member to serve as a student placement liaison.

b. It shall be the responsibility of the student placement liaison to:

(1) coordinate with a new student’s school of last attendance and the parent or guardian of a new student to ensure the successful transition of the student;

(2) coordinate with an exiting student’s subsequent educational placement, including when placement occurs at an alternative education program, and the student’s parent or guardian to ensure the successful transition of the student; and

(3) regularly track and maintain student enrollment data, including information on student transfers into or out of the public school, to ensure State school aid is provided in accordance with State law and regulation.

##### **§ 18A:36-19.1** Military recruitment in public schools {#sec-18a-36-19.1 omnilex-key=us-nj-statutes--title-18a--18A:36-19.1}

Local school districts in New Jersey are directed to establish policies which would provide military recruiters the same access to school facilities and student information directories that is provided to educational and occupational recruiters pursuant to regulations adopted by the State Board of Education pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.). These regulations shall be adopted within 180 days of the effective date of this act. The policies should be consistent with State and federal right to privacy laws.

##### **§ 18A:36-19.2** School locker inspection {#sec-18a-36-19.2 omnilex-key=us-nj-statutes--title-18a--18A:36-19.2}

The principal or other official designated by the local board of education may inspect lockers or other storage facilities provided for use by students so long as students are informed in writing at the beginning of each school year that inspections may occur.

##### **§ 18A:36-20** Discrimination; prohibition {#sec-18a-36-20 omnilex-key=us-nj-statutes--title-18a--18A:36-20}

No pupil in a public school in this State shall be discriminated against in admission to, or in obtaining any advantages, privileges or courses of study of the school by reason of race, color, creed, sex or national origin.

##### **§ 18A:36-21** Field trips; costs to be borne by parents or guardians, exceptions, financial hardship {#sec-18a-36-21 omnilex-key=us-nj-statutes--title-18a--18A:36-21}

Any board of education may authorize field trips for which all or part of the costs are borne by the pupils' parents or legal guardians, with the exception of pupils in special education classes and pupils with financial hardship. In determining financial hardship the criteria shall be the same as the Statewide eligibility standards for free and reduced price meals under the State school lunch program (N.J.A.C. 6:79-1.1 et seq.).

##### **§ 18A:36-22** "Field trip" defined {#sec-18a-36-22 omnilex-key=us-nj-statutes--title-18a--18A:36-22}

As used in this act "field trip" means a journey by a group of pupils, away from the school premises, under the supervision of a teacher.

##### **§ 18A:36-23** No student prohibited from attending field trip {#sec-18a-36-23 omnilex-key=us-nj-statutes--title-18a--18A:36-23}

No student shall be prohibited from attending a field trip due to inability to pay the fee regardless of whether or not they have met the financial hardship requirements set forth in section 1 of this act.

##### **§ 18A:36-24** Missing children; legislative findings and declarations {#sec-18a-36-24 omnilex-key=us-nj-statutes--title-18a--18A:36-24}

The legislature finds and declares:

a. That there is a growing recognition of the prevalence and consequences of child abuse.

b. That the removal of children from school constitutes a deprivation in itself and may be an indicator of even more grievous abuses.

c. That the public schools can and should provide an early warning to the appropriate authorities when a child appears to be missing from the educational system.

##### **§ 18A:36-25** Early detection of missing and abused children; policies of school districts {#sec-18a-36-25 omnilex-key=us-nj-statutes--title-18a--18A:36-25}

All school districts shall be required to establish policies designed to provide for the early detection of missing and abused children. These policies shall include provisions for the notification of the appropriate law enforcement and child welfare authorities when a potential missing or abused child situation is detected. This provision shall be complied with no later than March 1, 1985.

##### **§ 18A:36-25.1** Certified copy of birth certificate required for enrollment in school, records {#sec-18a-36-25.1 omnilex-key=us-nj-statutes--title-18a--18A:36-25.1}

4. a. When a child is enrolled in a school district for the first time, the superintendent shall require the child's parent or legal guardian to provide a certified copy of the child's birth certificate or other proof of the child's identity, within 30 days of enrollment. If the child's parent or legal guardian refuses to comply with the requirement in this section, the superintendent shall notify the parent or guardian, in writing, that the matter will be referred to a law enforcement agency if the proof of identity is not provided within 10 days of the notice.

b. When a child transfers from one school district to another, the receiving school district shall obtain the child's school record from the district from which the child has transferred, within 14 days of enrollment. The school district of last attendance shall provide to the receiving district all information in the child's record related to disciplinary actions taken against the child by the district and notify the receiving district if it has obtained any information pursuant to section 1 of P.L.1982, c.79 (C.2A:4A-60). Written consent of the parent or adult pupil shall not be required as a condition of transfer of this information; however, written notice of the transfer shall be provided to the parent or adult pupil If the record has been marked pursuant to section 2 of P.L.1995, c.395 (C.52:17B-9.8b), the transferring school district shall forward the record to the receiving school district and immediately notify the Missing Persons Unit in the Department of Law and Public Safety established pursuant to section 2 of P.L.1983, c.467 (C.52:17B-9.7).

##### **§ 18A:36-25.2** Investigation, reporting of certain pupil absences, transfers. {#sec-18a-36-25.2 omnilex-key=us-nj-statutes--title-18a--18A:36-25.2}

1. a. If any child enrolled in a school district has an unexcused absence from school for five consecutive school days, the attendance officer of the district shall investigate the absence and notify the district superintendent of the absence. In the event the investigation leads the district superintendent to have reasonable cause to believe the child has been abused or neglected as defined in section 1 of P.L.1974, c.119 (C.9:6-8.21), the district superintendent shall then notify the Division of Child Protection and Permanency in the Department of Children and Families for its determination of whether the division is or has been involved with the child and whether action, as appropriate, is warranted.

b. When a child's parent, guardian, or other person having charge and control of the child notifies a school district that the child will be withdrawing from the district and transferring to another school district, the principal of the school from which the child is withdrawing shall request that the parent, guardian, or other person having charge and control of the child provide the principal with the name and location of the school district in which the child will subsequently be enrolled and the expected date of enrollment. The principal shall provide the information supplied by the parent, guardian, or other person having charge and control of the child to the district superintendent. Five school days following the expected date of enrollment, the superintendent of the district of last attendance shall contact the school district in which the child is to be subsequently enrolled to determine if the child has enrolled in the district. If the child has not been so enrolled, the attendance officer of the transfer district shall investigate the failure to enroll and notify the superintendent of the transfer district of the failure to enroll. In the event the investigation leads the superintendent of the transfer district to have reasonable cause to believe the child has been abused or neglected as defined in section 1 of P.L.1974, c.119 (C.9:6-8.21), the superintendent of the transfer district shall then notify the Division of Child Protection and Permanency in the Department of Children and Families for its determination of whether the division is or has been involved with the child and whether action, as appropriate, is warranted. If the child has been so enrolled, the district of last attendance and the transfer district shall arrange for the transfer of the child's records in accordance with the provisions of section 1 of P.L.1986, c.160 (C.18A:36-19a) and subsection b. of section 4 of P.L.1995, c.395 (C.18A:36-25.1).

c. School district policies for the early detection of missing and abused children required pursuant to section 2 of P.L.1984, c.228 (C.18A:36-25) shall include provisions to implement the requirements of this section.

##### **§ 18A:36-25.3** Rules, regulations. {#sec-18a-36-25.3 omnilex-key=us-nj-statutes--title-18a--18A:36-25.3}

2. The Commissioner of Education, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and in consultation with the Commissioner of Children and Families shall adopt rules and regulations necessary to effectuate the purposes of this act.

##### **§ 18A:36-25.4** Short title. {#sec-18a-36-25.4 omnilex-key=us-nj-statutes--title-18a--18A:36-25.4}

1. This act shall be known and may be cited as "Tabitha's Law."

##### **§ 18A:36-25.5** Findings, declarations relative to child abduction. {#sec-18a-36-25.5 omnilex-key=us-nj-statutes--title-18a--18A:36-25.5}

2. The Legislature finds and declares that when a child is abducted, the first few hours are absolutely critical in the recovery process; that the unexplained absence of a pupil from school can be a significant early warning sign of abduction; that although stranger abductions are rare, an efficient system of communication between school administrators and parents regarding a student's unexplained absence must be incorporated by our public school districts into their attendance systems; and that the benefits of this requirement will be realized even if only one child is saved as a result.

##### **§ 18A:36-25.6** Report of absence. {#sec-18a-36-25.6 omnilex-key=us-nj-statutes--title-18a--18A:36-25.6}

3. a. Whenever a pupil enrolled in a public school district will be absent from school, the pupil's parent or guardian shall notify the principal or the principal's designee.

b. If a pupil is determined to be absent without valid excuse from a public school, and if the reason for the student's absence is unknown to school personnel, the principal or the principal's designee shall immediately attempt to contact the pupil's parent or guardian to notify the parent or guardian of the absence and to determine the reason for the absence.

##### **§ 18A:36-25.7** Task force on the prevention of, response to sexual abuse of children. {#sec-18a-36-25.7 omnilex-key=us-nj-statutes--title-18a--18A:36-25.7}

1. a. There is established within the Department of Education a task force on the prevention of, and response to, sexual abuse of children. The purpose of the task force shall be to study and make recommendations for reducing the prevalence and impact of child sexual abuse in the State, including recommendations for school policies and training concerning child sexual abuse prevention and response.

b. The task force shall consist of the following 17 members:

(1) the Commissioner of Education, or a designee;

(2) the Commissioner of the Department of Children and Families, or a designee;

(3) the President of the State Board of Education, or a designee; and

(4) 14 public members appointed by the Governor, in consultation with the Department of Education, who shall include the following:

(a) a representative from: the New Jersey School Boards Association; a New Jersey teachers union; the New Jersey Association of School Administrators; the New Jersey Principals and Supervisors Association; the New Jersey Coalition Against Sexual Assault; Prevent Child Abuse New Jersey; New Jersey Child Assault Prevention (NJCAP); the New Jersey Association for the Treatment of Sexual Abusers; and the New Jersey Children's Alliance;

(b) a licensed therapist trained to counsel or treat child sexual abuse victims;

(c) a New Jersey county prosecutor;

(d) an individual who has experience and expertise in the field of harassment, intimidation, and bullying policies;

(e) a parent of a student enrolled in an elementary or secondary school in New Jersey; and

(f) an individual who is a survivor of child sexual abuse.

The appointment of public members shall reflect the geographic diversity of the State.

c. Public members of the task force shall serve for a term of three years, except that of the initial appointments, four public members shall serve for one year, five public members shall serve for two years, and five public members shall serve for three years. Vacancies in the membership of the task force shall be filled in the same manner as the original appointments were made. Members are eligible for reappointment to the task force.

d. The Commissioner of Education, or a designee, shall serve as chairperson of the task force. The task force shall meet at the call of the chairperson. The task force shall appoint a secretary who need not be a member of the task force. The task force, in its discretion, may divide its membership into subcommittees in the course of carrying out its duties.

e. Members of the task force shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties as members of the task force within the limits of funds appropriated or otherwise made available to the task force for its purposes.

##### **§ 18A:36-25.8** Provision of staff. {#sec-18a-36-25.8 omnilex-key=us-nj-statutes--title-18a--18A:36-25.8}

2. a. The Department of Education shall provide such stenographic, clerical, and other administrative assistants, and such professional staff as the task force requires to carry out its work.

b. The task force shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available for its purposes.

##### **§ 18A:36-25.9** Consultation with State agencies, departments. {#sec-18a-36-25.9 omnilex-key=us-nj-statutes--title-18a--18A:36-25.9}

3. In executing its duties under this act, the task force shall consult with the employees of the Department of Children and Families who work on child protection matters, the New Jersey State Police, the State Board of Education, and any other State agency or department necessary to accomplish the task force's responsibilities.

##### **§ 18A:36-25.10** Duties of task force. {#sec-18a-36-25.10 omnilex-key=us-nj-statutes--title-18a--18A:36-25.10}

4. a. It shall be the duty of the task force to make recommendations for reducing child sexual abuse in this State. The task force shall also make recommendations for school policies and training that address the sexual abuse of children. In making its recommendations, the task force shall do the following:

(1) gather information concerning child sexual abuse throughout the State;

(2) receive reports and testimony from individuals, State and local agencies, community-based organizations, and other public and private organizations;

(3) review steps taken and programs established in other states to reduce child sexual abuse;

(4) create goals for State policy that are aimed at preventing child sexual abuse;

(5) create recommendations and guidelines for school policies addressing sexual abuse of children. The recommendations and guidelines shall be flexible enough to allow accommodation for local autonomy and values;

(6) review current instructional programs or curricula provided in New Jersey schools on issues related to child sexual abuse, and create recommendations for a sample curriculum to be utilized by school districts;

(7) create recommendations and guidelines for school personnel to respond appropriately to students affected by sexual abuse, including any recommendations for teacher professional development and training on this issue;

(8) create recommendations and guidelines for age-appropriate, evidence-based child sexual abuse awareness, including guidelines for utilizing appropriately trained professionals to provide the student instruction and teacher training on this issue;

(9) create recommendations and guidelines for providing educational material to parents and guardians on the warning signs of child sexual abuse and information on assistance and referrals or resources; and

(10) develop a child sexual abuse protocol to be utilized by all community partners in order to help identify, prevent, and investigate child sexual abuse.

b. The recommendations described in subsection a. of this section may include proposals for specific statutory changes and methods to foster cooperation among State agencies and between the State and local government. The recommendations also may identify opportunities for collaboration among State and local agencies, community-based organizations, and other public and private organizations to provide prevention education services.

c. The task force shall present any recommendations and guidelines concerning school policies, updates to the New Jersey Student Learning Standards, and school personnel, as developed pursuant to paragraphs (5), (6), and (7) of subsection a. of this section, to the State Board of Education for consideration and possible adoption.

##### **§ 18A:36-25.11** Report to Governor, Legislature. {#sec-18a-36-25.11 omnilex-key=us-nj-statutes--title-18a--18A:36-25.11}

5. The task force shall issue a report of its recommendations to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), no later than 18 months after the organization of the task force.

The task force shall issue reports of any new or updated recommendations on at least a biennial basis.

##### **§ 18A:36-25.12** Creation of educational materials. {#sec-18a-36-25.12 omnilex-key=us-nj-statutes--title-18a--18A:36-25.12}

6. The Department of Education shall create educational materials for parents and guardians based upon the recommendations developed by the task force pursuant to paragraph (9) of subsection a. of section 4 of this act. The department shall provide the educational materials to local Parent Teacher Associations throughout the State for presentation to their members.

##### **§ 18A:36-26** Compliance with act {#sec-18a-36-26 omnilex-key=us-nj-statutes--title-18a--18A:36-26}

The Department of Education, pursuant to its authority under P.L. 1975, c. 212 (C. 18A:7A-1 et seq.), shall ensure compliance with this act.

##### **§ 18A:36-27** Voting information. {#sec-18a-36-27 omnilex-key=us-nj-statutes--title-18a--18A:36-27}

1. The board of education of each school district and the appropriate school officials in each nonpublic school shall provide a voter registration form, a summary of voter registration eligibility requirements, and material describing the role of a citizen and the importance of voting to each eligible high school pupil prior to the graduation date for the school year. This material shall be nonpartisan and conform to the provisions of N.J.S.18A:42-4.

##### **§ 18A:36-28** Rules, regulations {#sec-18a-36-28 omnilex-key=us-nj-statutes--title-18a--18A:36-28}

The Commissioner of Education shall 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 act.

##### **§ 18A:36-29** Fingerprinting of students {#sec-18a-36-29 omnilex-key=us-nj-statutes--title-18a--18A:36-29}

The sheriff of each county shall work in conjunction with local law enforcement officials and local boards of education to provide a fingerprint program for the protection of its students. The sheriff shall visit each public school and shall, at the request of a parent or guardian or temporary caretaker, provide each student in any grades from kindergarten through nine with the opportunity to have the student's fingerprints taken as provided in this act.

##### **§ 18A:36-30** Assistance of school officials; authorization {#sec-18a-36-30 omnilex-key=us-nj-statutes--title-18a--18A:36-30}

a. Public school officials shall cooperate with sheriffs and local law enforcement officials in setting dates for fingerprinting pupils pursuant to this act and providing school facilities and personnel to assist in the fingerprinting process.

b. No pupil shall be fingerprinted unless the signed authorization section of the fingerprint card is completed by the student's parent or guardian or temporary caretaker.

c. School officials shall notify the parents or guardians or temporary caretakers of eligible pupils of the date set for the fingerprinting program at the school at least two weeks prior thereto. For purposes of this subsection, "eligible pupils" means pupils who have not been fingerprinted previously pursuant to this act.

##### **§ 18A:36-31** Fingerprint card {#sec-18a-36-31 omnilex-key=us-nj-statutes--title-18a--18A:36-31}

a. Fingerprinting pursuant to this act shall be done on a fingerprint card provided by the sheriff or local law enforcement officials. Fingerprints shall be recorded on an eight by eight inch seven mil paper card stock, with the grain running from left to right. In addition to fingerprints, the card shall contain the following information: name, address, race, sex, date of birth, birthplace, height, weight, color of hair, color of eyes, complexion, scars and the name of the parent or guardian of the pupiL. The fingerprint card shall contain a place for rolled and plain impressions as presently utilized on standard fingerprint cards. Sufficient space shall be provided on the back of the card for palm prints, should they be necessary. The card shall also provide for the voluntary written consent of the student's parent or guardian or temporary caretaker and for the signature of the person taking the fingerprints, his department and the date the fingerprints were taken. The sheriff's office and local law enforcement officials shall not retain any fingerprint cards for their own records and shall not imprint or duplicate the fingerprints of a pupil except as provided in this act.

b. Completed fingerprint cards shall be given to the pupil's parent or guardian or temporary caretaker.

c. Each school district shall provide an orientation program conducted by certified school staff for the students for whom fingerprinting has been requested to ensure that the students can more readily understand its purposes.

d. Any fingerprint that becomes smudged in the process of imprinting or is otherwise indistinct shall immediately be destroyed and a new fingerprint shall be imprinted.

##### **§ 18A:36-32** Fine for permitting cigarette machines on school property {#sec-18a-36-32 omnilex-key=us-nj-statutes--title-18a--18A:36-32}

Any person who, acting as an agent or otherwise, permits the operation, installation, or maintenance of coin-operated vending machines that dispense cigarettes on any property used for school purposes which is owned by any school board shall be punished by a fine of $250.

##### **§ 18A:36-33** Pupils serving as district board of election members, excused absence {#sec-18a-36-33 omnilex-key=us-nj-statutes--title-18a--18A:36-33}

1. Notwithstanding any law, rule or regulation to the contrary, any pupil of any public school who serves as a member of a district board of election on the day of any election, pursuant to R.S.19:6-1 et seq., and attends required instructional sessions related to such membership, pursuant to R.S.19:50-1 et seq., shall have his or her absence for those reasons recorded as excused absences on that pupil's attendance record or on that of any group or class of which the pupil is a member upon the presentation of such documentation as the superintendent or administrative principal, as the case may be, deems necessary to prove the pupil served as a member of a district board on the day of an election or attended required instructional sessions.

##### **§ 18A:36-33.1** Civic event, defined. {#sec-18a-36-33.1 omnilex-key=us-nj-statutes--title-18a--18A:36-33.1}

1. As used in this act, "civic event" means an event sponsored by a government entity, a community-based organization, or a nonprofit organization that incorporates elements of service learning whereby students learn and develop through organized service. A civic event shall address an issue of public concern such as community health and safety or environmental, economic, or community well-being.

##### **§ 18A:36-33.2** Public school students attending civic events, one State-excused absence each school year. {#sec-18a-36-33.2 omnilex-key=us-nj-statutes--title-18a--18A:36-33.2}

2. a. Notwithstanding any law, rule, or regulation to the contrary, a pupil of a public school in grades six through 12 who is absent from school to attend a civic event shall have one State-excused absence each school year for that purpose recorded as an excused absence on the pupil's attendance record or on that of any group or class of which the pupil is a member, provided that a written notice signed by a parent or guardian of the pupil is presented to the proper school authority pursuant to subsection b. of this section. A board of education may permit additional excused absences for such purposes. Any transcript, application, employment form, or any similar form on which information concerning a pupil's attendance record is requested shall show, with respect to absences, only absences other than excused absences authorized pursuant to this subsection.

b. The parent or guardian of a pupil shall provide a signed written notice of an intended excused absence to attend a civic event at least five school days in advance of the intended excused absence and such other documentation as the superintendent or administrative principal of the school district deems necessary to prove that the pupil meets the requirements for an excused absence pursuant to subsection a. of this section.

##### **§ 18A:36-33.3** Commissioner of Education, guidance, excused absences for civic events. {#sec-18a-36-33.3 omnilex-key=us-nj-statutes--title-18a--18A:36-33.3}

3. a. The Commissioner of Education, with the approval of the State Board of Education, shall provide guidance to school districts relative to excused absences for civic events.

b. The State Board of Education shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the provisions of this act.

##### **§ 18A:36-34** School surveys, certain, parental consent required before administration {#sec-18a-36-34 omnilex-key=us-nj-statutes--title-18a--18A:36-34}

1. a. Unless a school district receives prior written informed consent from a student's parent or legal guardian and provides for a copy of the document to be available for viewing at convenient locations and time periods, the school district shall not administer to a student any academic or nonacademic survey, assessment, analysis or evaluation which reveals information concerning:

(1) political affiliations;

(2) mental and psychological problems potentially embarrassing to the student or the student's family;

(3) sexual behavior and attitudes;

(4) illegal, anti-social, self-incriminating and demeaning behavior;

(5) critical appraisals of other individuals with whom a respondent has a close family relationship;

(6) legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;

(7) income, other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under a program; or

(8) social security number.

b. The school district shall request prior written informed consent at least two weeks prior to the administration of the survey, assessment, analysis or evaluation.

c. A student shall not participate in any survey, assessment, analysis or evaluation that concerns the issues listed in subsection a. of this section unless the school district has obtained prior written informed consent from that student's parent or guardian.

d. A school district that violates the provisions of this act shall be subject to such monetary penalties as determined by the commissioner.

##### **§ 18A:36-34.1** Voluntary survey for students with prior parental, guardian written notification. {#sec-18a-36-34.1 omnilex-key=us-nj-statutes--title-18a--18A:36-34.1}

1. a. Notwithstanding section 1 of P.L.2001, c.364 (C.18A:36-34), or any other law, rule, or regulation to the contrary, a school district that sends prior written notification to a parent or legal guardian of a student may administer an anonymous, voluntary survey, assessment, analysis or evaluation to the student which reveals information concerning any of the following issues:

(1) use of alcohol, tobacco, drugs, and vaping;

(2) sexual behavior and attitudes;

(3) behaviors that may contribute to intentional or unintentional injuries or violence; or

(4) physical activity and nutrition-related behaviors.

b. Written notification provided by a school district to the parent or legal guardian of a student shall be delivered to the parent or legal guardian by regular mail, electronic mail, or a written acknowledgement form to be delivered by the student at least two weeks prior to administration of the survey, assessment, analysis or evaluation. Written notification shall contain, at minimum, the following information:

(1) a description of the survey, assessment, analysis, or evaluation;

(2) the purpose for which the survey, assessment, analysis, or evaluation is needed;

(3) the entities and persons that will have access to the information generated by the survey, assessment, analysis, or evaluation;

(4) specific instruction as to when and where the survey, assessment, analysis, or evaluation will be available for parental or legal guardian review prior to its administration;

(5) the method by which the parent or legal guardian can deny permission to administer the survey, assessment, analysis, or evaluation to the student; a form specifically providing for such denial shall be included with this notice;

(6) the names and contact information of persons to whom questions can be directed; and

(7) a statement advising that failure to respond indicates approval of participation in the survey, assessment, analysis, or evaluation.

c. Information obtained through a survey, assessment, analysis or evaluation administered to a student in accordance with this section shall be submitted to the Department of Education and the Department of Health. Information may be used to develop public health initiatives and prevention programs. Information shall not be used for marketing or other commercial purposes that are not related to student health.

d. A school district that violates the provisions of this section shall be subject to such monetary penalties as determined by the commissioner.

##### **§ 18A:36-35** Disclosure of certain student information on Internet prohibited without parental consent. {#sec-18a-36-35 omnilex-key=us-nj-statutes--title-18a--18A:36-35}

1. The board of education of each school district and the board of trustees of each charter school that establishes an Internet web site, shall not disclose on that web site any personally identifiable information about a student without receiving prior written consent from the student's parent or guardian on a form developed by the Department of Education. The written consent form shall contain a statement concerning the potential dangers of personally identifiable information about individual students on the Internet.

As used in this act, "personally identifiable information" means student names, student photos, student addresses, student e-mail addresses, student phone numbers, and locations and times of class trips.

##### **§ 18A:36-35.1** School website compliance, Web Content Accessibility Guidelines; statement of assurance. {#sec-18a-36-35.1 omnilex-key=us-nj-statutes--title-18a--18A:36-35.1}

1. a. No school district, charter school, renaissance school, or the Marie H. Katzenbach School for the Deaf shall make available to the enrolled students of the district or school or to the public an Internet website or web service unless the Internet website or web service complies with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA or the most up-to-date version of the guidelines if the guidelines are approved by the Commissioner of Education, or any other applicable guidelines or requirements as may be designated or approved by the Commissioner of Education.

b. The Commissioner of Education shall establish a procedure to obtain a statement of assurance that shall be submitted by the school district, charter school, renaissance school, or the Marie H. Katzenbach School for the Deaf concerning the accessibility compliance status of the Internet website or web service of a school district, charter school, renaissance school, or the Marie H. Katzenbach School for the Deaf. The Department of Education shall be responsible for collecting the statements of assurance, which shall attest that an Internet website or web service complies with the requirements of this section and shall post such information on the Department of Education's Internet website which shall be updated every two years.

c. (1) If a school district, charter school, renaissance school, or the Marie H. Katzenbach School for the Deaf establishes an Internet website or web service after the effective date of this act, the public school shall submit the statement of assurance to the department. An Internet website or web service established by a school district, charter school, renaissance school, or the Marie H. Katzenbach School for the Deaf before or after the effective date of this act shall be permitted to operate while pending receipt of the statement of assurance by the department.

(2) Every two years following the effective date of this act, a school district, charter school, renaissance school, or the Marie H. Katzenbach School for the Deaf shall submit the statement of assurance attesting to the compliance of each Internet website or web service operated by the school district, charter school, renaissance school, or the Marie H. Katzenbach School for the Deaf with the requirements of this section.

d. Nothing in this section shall be construed to bar, exclude, or otherwise affect any right or action that exists under the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.).

e. As used in this section, "Internet website or web service" includes any webpage, website, web service, online curriculum, or online third party or open educational resource product that is made available to enrolled students or the public by a school district, charter school, renaissance school, or the Marie H. Katzenbach School for the Deaf through the Internet.

##### **§ 18A:36-36** Pupil information, certain, classroom materials; rules. {#sec-18a-36-36 omnilex-key=us-nj-statutes--title-18a--18A:36-36}

1. a. A pupil in a public school shall not be required to supply information regarding the pupil's race, ethnicity, migrant status or economically disadvantaged status on any materials distributed in class.

b. Materials distributed to a pupil in a public school shall not include any obvious indicators of the pupil's race, ethnicity, migrant status or economically disadvantaged status; except that the school district may use identification numbers or other methods of identification after the collection of the materials

c. The State Board of Education shall promulgate rules pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of this act.

##### **§ 18A:36-37** "Student-athlete" defined, rules for maintenance of amateur status; violations, penalties. {#sec-18a-36-37 omnilex-key=us-nj-statutes--title-18a--18A:36-37}

1. a. As used in this section, "student-athlete" means any student enrolled in a public or nonpublic secondary school in this State who is a participant in an interscholastic athletic program governed by the rules of the New Jersey State Interscholastic Athletic Association.

b. No person shall give, offer, promise or attempt to give to any student-athlete, whether directly or indirectly, any gift, favor, service, employment or other thing of value which the person knows or has reason to know would, if accepted, subject that student-athlete to being ruled ineligible to participate as an amateur-athlete under the rules established by the New Jersey State Interscholastic Athletic Association. A person who violates the provisions of this subsection shall be subject to a civil penalty of not less than $1,000 and not more than $10,000, for each violation, which shall be collected in a summary manner pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in the Superior Court or any municipal court.

c. The board of education of each school district or the chief school administrator of each nonpublic school shall annually notify each student-athlete under the jurisdiction of the school district or nonpublic school of the provisions of this section and of the New Jersey State Interscholastic Athletic Association's rules regarding eligibility.

d. The notice required by subsection c. of this section shall be:

(1) written;

(2) in language understandable by a secondary school student;

(3) based on model language developed by the New Jersey State Interscholastic Athletic Association; and

(4) communicated via regular or electronic mail, sent home with the student or published in a student handbook.

##### **§ 18A:36-38** Classroom placement of twins, higher multiples, selection by parent, guardian. {#sec-18a-36-38 omnilex-key=us-nj-statutes--title-18a--18A:36-38}

1. a. (1) A parent or guardian of twins or higher order multiples enrolled in the same K through 8grade level at the same public school may request that the children be placed in the same classroom or in separate classrooms. The school principal may recommend a classroom placement to the parent or guardian and may provide the parent or guardian with professional education advice that will assist the parent or guardian in making the best decision for the children's education. The parent or guardian shall request the classroom placement in writing no later than 14 days after the first day of each school year. The school principal shall provide the classroom placement requested by the parent or guardian and the students shall remain in this initial placement for the duration of the school year unless the board of education makes a different classroom placement determination pursuant to the provisions of subsection b. of this section.

In the event that the twins or higher order multiples enroll in the school after the school year commences, the parent or guardian shall request the classroom placement in writing no later than 14 days after the first day of attendance. The school principal shall provide the classroom placement requested by the parent or guardian if space is available in accordance with written local district class size requirements and the students shall remain in this initial placement for the duration of the school year unless the board of education makes a different classroom placement determination pursuant to the provisions of subsection b. of this section.

(2) A parent or guardian of twins or higher order multiples enrolled in the same 9 through 12 grade level at the same public school may request that the children be placed in the same classroom or in separate classrooms. The placement decision shall be made at the discretion of the school principal in the best interests of the school and its students. The parent or guardian may appeal the school principal's decision to the board of education, which shall make a final determination on the placement.

b. A school principal may, after consultation with the students' parent or guardian and teachers at the end of the initial grading period, request that the board of education make a different classroom placement determination for the twins or higher order multiples if the initial classroom placement is determined to be disruptive to any of the students in the class or classes in which the students are enrolled or if the principal concludes that the initial placement does not sufficiently support the students' academic or social development. Upon receiving the request, the board of education shall make a final classroom placement determination.

c. As used in this section, "higher order multiples" means triplets, quadruplets, quintuplets, or larger group of siblings born at one birth.

d. The provisions of this section shall not apply to a school district which maintains only a single classroom for the grade level in which the twins or higher order multiples are enrolled.

e. The parent or guardian shall be responsible for any additional pupil transportation costs that are incurred by the school district as a result of providing the requested classroom placement, unless the school district is in agreement with the placement.

f. In the event that one of the twins or higher order multiples receives special education services, the requested classroom placement shall not be accommodated if the placement is inconsistent with a student's Individualized Education Plan.

##### **§ 18A:36-39** Notification by school to certain persons using certain electronic devices; fine. {#sec-18a-36-39 omnilex-key=us-nj-statutes--title-18a--18A:36-39}

1. A school district or charter school that furnishes a student with a laptop computer, cellular telephone, or other electronic device shall provide the student with written or electronic notification that the electronic device may record or collect information on the student's activity or the student's use of the device if the electronic device is equipped with a camera, global positioning system, or other feature capable of recording or collecting information on the student's activity or use of the device. The notification shall also include a statement that the school district or charter school shall not use any of the capabilities in a manner that would violate the privacy rights of the student or any individual residing with the student. The parent or guardian of the student shall acknowledge receipt of the notification. The school district or charter school shall retain the acknowledgement as long as the student retains the use of the electronic device.

A school district or charter school failing to provide the notification required by this section shall be subject to a fine of $250 per student, per incident. The fine shall be remitted to the Department of Education, and shall be deposited in a fund that shall be used to provide laptop or other portable computer equipment to at-risk pupils, as defined in section 3 of P.L.2007, c.260 (C.18A:7F-45).

##### **§ 18A:36-40** Written policy concerning electronic communications between school employees and students. {#sec-18a-36-40 omnilex-key=us-nj-statutes--title-18a--18A:36-40}

1. a. As used in this section, "electronic communication" means a communication transmitted by means of an electronic device including, but not limited to, a telephone, cellular phone, computer, computer network, personal data assistant, or pager. Electronic communications include, but are not limited to, e-mails, text messages, instant messages, and communications made by means of an Internet website, including social media and social networking websites.

b. Each school district shall, within 120 days of the effective date of this act, adopt a written policy concerning electronic communications between school employees and students enrolled in the district. The policy shall include, at a minimum, provisions designed to prevent improper communications between school employees and students made via e-mail, cellular phones, social networking websites, and other Internet-based social media.

##### **§ 18A:36-40a** Definitions. {#sec-18a-36-40a omnilex-key=us-nj-statutes--title-18a--18A:36-40a}

1. As used in this act:

“Board of education” means a board of education as defined in N.J.S.18A:18A-2, a board of trustees of a charter school, and a board of trustees of a renaissance school project.

“Internet-enabled device” means a smartphone, tablet, smartwatch, or other device capable of connecting to the internet and enabling the user to access content on the internet, including social media applications. An internet-enabled device shall not include a non-internet-enabled device or an internet-enabled device provided by a public school when used for educational purposes.

“Non-internet-enabled device” means a cell phone or other communication device that is not capable of connecting to the internet or enabling the user to access content on the internet.

“Public school” means and includes a school, under college grade, which is operated by the governing body of a school district, charter school, or renaissance school project.

##### **§ 18A:36-40b** Student use of internet-enabled devices during school-related hours, events, Commissioner of Education, guidelines. {#sec-18a-36-40b omnilex-key=us-nj-statutes--title-18a--18A:36-40b}

2. a. To assist boards of education in developing policies concerning student use of internet-enabled devices during regular school hours, on a school bus, or during school-sanctioned events when the student is under the direct supervision of a teaching staff member or employee of the board of education, the Commissioner of Education shall develop guidelines applicable to students enrolled in grades kindergarten through 12. The guidelines shall be issued no later than 90 days after the effective date of this act.

b. The guidelines shall, at a minimum:

(1) provide age appropriate and grade-level differentiated guidelines concerning limiting and prohibiting student use of internet-enabled devices;

(2) prohibit non-academic use of an internet-enabled device on school grounds during the school day;

(3) be consistent with State and federal law, including accommodations provided in a student’s Individualized Education Program (IEP) established pursuant to the “Individuals with Disabilities Education Act,” 20 U.S.C. s.1400 et seq., educational plan established pursuant to section 504 of the “Rehabilitation Act of 1973,” 29 U.S.C. s.794 , or student health plan established to monitor or address a student’s health condition;

(4) address permitting student use of cell phones in the case of an emergency or in response to a perceived threat of danger;

(5) authorize student use of an internet-enabled device on school grounds during the school day, or during school-sanctioned events:

(a) if authorized by a principal, chief school administrator, or their designee, for a necessary specified purpose, which shall be authorized only when no reasonable alternative exists to achieve the same objective while maintaining compliance with the guidelines issued by the Commissioner of Education;

(b) if necessary for the provision and administration of a student’s prescribed care consistent with the submission by a parent or guardian of documentation from a health care professional; (c) for translation services;

(d) on a case-by-case basis for a student caregiver who is routinely responsible for the care or well-being of a family member, upon approval from a principal, chief school administrator, or their designees, which may include a school psychologist, school social worker, or school counselor; and

(e) when required by law;

(6) address internet-enabled devices and cell phones with only text or voice;

(7) list options that may be utilized by a board of education for storage of an internet-enabled device, including locked pouches and lockers;

(8) provide guidance for a board of education to establish network-based restrictions to prevent the use of, or access to, social media platforms; and

(9) detail protocols for communicating the board of education’s policy concerning student use of internet-enabled devices to students, their families, and teaching staff members.

c. The guidelines shall promote student learning and well-being. In developing the guidelines, the commissioner shall consult with interested stakeholders in the education community including, but not limited to, the New Jersey Education Association, the American Federation of Teachers, the New Jersey School Boards Association, the New Jersey Principals and Supervisors Association, and the New Jersey Association of School Administrators, to ensure that the guidelines are responsive to the needs of students, parents, and teaching staff members.

d. A board of education shall adopt a policy concerning student use of internet-enabled devices during regular school hours, on a school bus, or during school-sanctioned events when the student is under the direct supervision of a teaching staff member or employee of the board of education. The policy shall address the use of internet-enabled devices in the event of an emergency situation or in response to a perceived threat of danger. The policy shall be consistent with the guidelines developed pursuant to subsection a. of this section.

e. Nothing in this section shall be construed to prevent a board of education from adopting a policy on the use of internet-enabled devices by students enrolled in the public school that is more stringent than the guidelines developed by the commissioner pursuant to subsection a. of this section.

f. The guidelines developed by the commissioner pursuant to subsection a. of this section shall not prohibit a principal, chief school administrator, or designee from making a reasonable accommodation for the use of internet-enabled devices for educational purposes.

##### **§ 18A:36-41** Development, distribution of guidelines concerning transgender students. {#sec-18a-36-41 omnilex-key=us-nj-statutes--title-18a--18A:36-41}

1. a. The Commissioner of Education shall develop and distribute to school districts guidelines concerning transgender students. The purposes of the guidelines shall be to provide direction for schools in addressing common issues concerning the needs of transgender students, and to assist schools in establishing policies and procedures that ensure a supportive and nondiscriminatory environment for transgender students.

b. The guidelines developed by the commissioner shall include, but not be limited to, information and guidance regarding the following:

(1) definitions of terms relevant to an understanding of transgender issues, including gender identity, gender expression, and transgender person;

(2) maintaining a safe and supportive learning environment that is free from discrimination and harassment for transgender students, including students going through a gender transition;

(3) confidentiality and privacy concerns, including ensuring that school personnel do not disclose information that may reveal a student's transgender status except as allowed by law, and advising schools to work with the student to create an appropriate confidentiality plan regarding the student's transgender or transitioning status;

(4) procedures for school records, including maintaining a separate official record for each student that contains the student's legal name and biological gender and changing a student's official record upon receipt of documentation of a legal change in name or gender;

(5) ensuring that a transgender student is addressed at school by the name and pronoun preferred by the student that corresponds to the student's gender identity, regardless of whether a legal name change or change in official school records has occurred;

(6) issuing school documentation such as student identification cards in the name preferred by the student that corresponds to the student's gender identity, and permitting a transgender student to dress in accordance with the student's gender identity;

(7) providing a transgender student with the same opportunities to participate in physical education as other students, and permitting the student to participate in physical education in accordance with the student's gender identity;

(8) permitting a transgender student to participate in gender-segregated school activities in accordance with the student's gender identity;

(9) use of restrooms and locker rooms, including not requiring a transgender student to use a restroom or locker room that conflicts with the student's gender identity, and providing reasonable alternative arrangements if needed to ensure a student's safety and comfort;

(10) ensuring that school counselors are knowledgeable regarding issues and concerns relevant to transgender students; and

(11) permitting and supporting the formation of student clubs or programs regarding issues related to lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth.

c. The guidelines shall include information on organizations or other resources available to students and parents that provide support to transgender individuals.

d. The commissioner shall periodically review the guidelines developed pursuant to this section, and shall update or modify the guidelines, as appropriate, in accordance with current State or federal laws and regulations concerning the rights of transgender students.

##### **§ 18A:36-42** Guidance, resources provided. {#sec-18a-36-42 omnilex-key=us-nj-statutes--title-18a--18A:36-42}

2. The Commissioner of Education shall provide school districts with guidance and resources regarding the following:

a. providing professional development opportunities to teachers, administrators, guidance counselors, bus drivers, coaches, and other school staff regarding issues and concerns relevant to lesbian, gay, bisexual, transgender, and questioning (LGBTQ) students; and

b. making developmentally appropriate information about LGBTQ issues available in school facilities, which may include providing pamphlets or books in school libraries, counseling offices, and nurse's offices.

##### **§ 18A:36-43** Policy requiring students to carry school identification card under certain circumstances permitted. {#sec-18a-36-43 omnilex-key=us-nj-statutes--title-18a--18A:36-43}

1. a. Each school district may develop and implement a policy requiring all students to carry a school identification card issued by the district while the student is at any school-sponsored, off-campus activity including, but not limited to, field trips or interscholastic sports programs. The provisions of this subsection shall not be construed to require a student to carry the school identification card while participating in an athletic contest or competition, an activity involving fine arts or performing arts, or any other extracurricular activity that the Commissioner of Education determines does not require the physical possession of a school identification card.

b. The Commissioner of Education shall develop guidelines concerning the information to be included on an identification card authorized pursuant to subsection a. of this section. The information shall include, but need not be limited to, the student's name, an up-to-date photograph, and the current school year.

c. A school identification card issued in accordance with this section shall not be considered a government record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or the common law concerning access to government records.

##### **§ 18A:36-44** School student's right to freedom of speech and press. {#sec-18a-36-44 omnilex-key=us-nj-statutes--title-18a--18A:36-44}

1. a. Except as otherwise provided in section 2 of this act, a public school student shall have the right to exercise freedom of speech and of the press.

b. By the first full school year next following the date of enactment of this act, each school district shall adopt a written policy concerning student freedom of expression in accordance with the provisions of section 2 of this act. The policy shall include reasonable provisions for the time, place, and manner of student expression. The policy may also include limitations on language that may be defined as profane, harassing, threatening, or intimidating.

##### **§ 18A:36-45** Definitions relative to student's right to freedom of speech and press. {#sec-18a-36-45 omnilex-key=us-nj-statutes--title-18a--18A:36-45}

2. a. As used in this section:

"School-sponsored media" means any material that is prepared, substantially written, published, or broadcast by a student journalist at a public school, distributed or generally made available to members of the student body, and prepared under the direction of a student media adviser. School-sponsored media does not include media intended for distribution or transmission solely in the classroom in which the media is produced.

"Student journalist" means a public school student who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school-sponsored media.

"Student media adviser" means an individual employed, appointed, or designated by a school district to supervise or provide instruction relating to school-sponsored media.

b. Except as otherwise provided in subsection c. of this section, a student journalist has the right to exercise freedom of speech and of the press in school-sponsored media, regardless of whether the media is supported financially by the school district or by use of school district facilities, or produced in conjunction with a class in which the student is enrolled. Subject to subsection c. of this section, a student journalist is responsible for determining the news, opinion, feature, and advertising content of school-sponsored media. This subsection shall not be construed to prevent a student media adviser from teaching professional standards of English and journalism to student journalists.

c. This section does not authorize or protect expression by a student that:

(1) is libelous or slanderous;

(2) constitutes an unwarranted invasion of privacy;

(3) is profane or obscene;

(4) violates federal or State law; or

(5) so incites students as to create a clear and present danger of the commission of an unlawful act, the violation of school district policies, or the material and substantial disruption of the orderly operation of the school.

d. A school district shall not authorize any prior restraint of any school-sponsored media except for the types of expression described in subsection c. of this section. When a school official determines that the restraint of student expression is necessary, the school official shall simultaneously identify the provision within subsection c. of this section under which the limitation of student expression is appropriate.

e. A school district shall not sanction a student operating as an independent journalist.

f. An employee of a school district shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a student engaged in the conduct authorized under this section, or refusing to infringe upon conduct that is protected by this section, the First Amendment to the United States Constitution, or paragraph 6 of Article I of the New Jersey Constitution.

## **Chapter 36A** {#struct-chapter-36a}

##### **§ 18A:36A-1** Short title {#sec-18a-36a-1 omnilex-key=us-nj-statutes--title-18a--18A:36A-1}

1. This act shall be known and may be cited as the "Charter School Program Act of 1995."

##### **§ 18A:36A-2** Findings, declarations relative to establishment of charter schools {#sec-18a-36a-2 omnilex-key=us-nj-statutes--title-18a--18A:36A-2}

2. The Legislature finds and declares that the establishment of charter schools as part of this State's program of public education can assist in promoting comprehensive educational reform by providing a mechanism for the implementation of a variety of educational approaches which may not be available in the traditional public school classroom. Specifically, charter schools offer the potential to improve pupil learning; increase for students and parents the educational choices available when selecting the learning environment which they feel may be the most appropriate; encourage the use of different and innovative learning methods; establish a new form of accountability for schools; require the measurement of learning outcomes; make the school the unit for educational improvement; and establish new professional opportunities for teachers.

The Legislature further finds that the establishment of a charter school program is in the best interests of the students of this State and it is therefore the public policy of the State to encourage and facilitate the development of charter schools.

##### **§ 18A:36A-2.1** Definitions. {#sec-18a-36a-2.1 omnilex-key=us-nj-statutes--title-18a--18A:36A-2.1}

1. As used in P.L.1995, c.426 (C.18A:36A-1 et seq.):

“Charter management organization” means a nonprofit organization that is exempt from federal taxation pursuant to section 501(c)(3) of the federal Internal Revenue Code, 26 U.S.C. s.501(c)(3), which operates or manages one or more charter schools linked by centralized support and operations.

“Charter school” means a school established pursuant to P.L.1995, c.426 (C.18A:36A-1 et seq.). A charter school does not include a renaissance school project approved pursuant to the provisions of the “Urban Hope Act,” P.L.2011, c.176 (C.18A:36C-1 et seq.).

“Compensation study” means a review by the board of trustees of a charter school, or a third-party organization contracted by the board of trustees to conduct the review, of the proposed total remuneration for the top three salaried employees of the charter school compared to compensation for similar positions in school districts in the State and any other information the Commissioner of Education deems necessary.

“Education management organization” means a for-profit organization that operates or manages one or more charter schools linked by centralized support and operations.

##### **§ 18A:36A-3** Charter school program established {#sec-18a-36a-3 omnilex-key=us-nj-statutes--title-18a--18A:36A-3}

3. a. The Commissioner of Education shall establish a charter school program which shall provide for the approval and granting of charters to charter schools pursuant to the provisions of this act. A charter school shall be a public school operated under a charter granted by the commissioner, which is operated independently of a local board of education and is managed by a board of trustees. The board of trustees, upon receiving a charter from the commissioner, shall be deemed to be public agents authorized by the State Board of Education to supervise and control the charter school.

b. The program shall authorize the establishment of not more than 135 charter schools during the 48 months following the effective date of this act. A minimum of three charter schools shall be allocated to each county. The commissioner shall actively encourage the establishment of charter schools in urban school districts with the participation of institutions of higher education.

##### **§ 18A:36A-3.1** Application, renaissance school projects. {#sec-18a-36a-3.1 omnilex-key=us-nj-statutes--title-18a--18A:36A-3.1}

1. Unless the context clearly indicates otherwise, the provisions of P.L.1995, c.426 (C.18A:36A-1 et seq.) shall not be construed as applying to renaissance school projects approved pursuant to the provisions of the “Urban Hope Act,” P.L.2011, c.176 (C.18A:36C-1 et seq.).

##### **§ 18A:36A-3.2** Charter school transparency website maintained by the Department of Education. {#sec-18a-36a-3.2 omnilex-key=us-nj-statutes--title-18a--18A:36A-3.2}

10. a. The Department of Education shall maintain, in a manner that is consistent with applicable federal law, a webpage on its Internet website for charter school transparency. The purpose of the webpage shall be to provide increased public access to the operations and activities of charter schools in the State.

b. The following information shall be posted on the webpage:

(1) a current list of each charter management organization or education management organization that operates or manages a charter school as reported by a charter school in its annual report submitted to the Commissioner of Education pursuant to section 16 of P.L.1995, c.426 (C.18A:36A-16). The webpage shall include a disclaimer stating that the list of charter management organizations and education management organizations included pursuant to this paragraph is not meant to be an endorsement or recommendation by the department of a charter management organization or education management organization;

(2) each executed contract between a charter school and charter management organization or education management organization;

(3) each charter school’s plain language budget summary submitted pursuant to section 12 of P.L.2025, c.277 (C.18A:36A-14.1);

(4) each annual report submitted by a charter school pursuant to section 16 of P.L.1995, c.426 (C.18A:36A-16);

(5) each renewal application submitted by a charter school;

(6) a list of charter schools on probationary status and any remedial plan put in place to assist a charter school on probationary status;

(7) each application by a charter school to establish a charter school, amend a school’s charter, renew a school’s charter, and consolidate two or more charter schools; and

(8) each public notice concerning charter school applications issued pursuant to the provisions of subsection c. of section 4 of P.L.1995, c.426 (C.18A:36A-4), along with instructions and a link for the public to submit comments concerning the application to the commissioner.

c. The webpage shall be updated on a regular basis.

##### **§ 18A:36A-4** Establishment of charter school. {#sec-18a-36a-4 omnilex-key=us-nj-statutes--title-18a--18A:36A-4}

4. a. A charter school may be established by teaching staff members, parents with children attending the schools of the district, or a combination of teaching staff members and parents. A charter school may also be established by an institution of higher education or a private entity located within the State in conjunction with teaching staff members and parents of children attending the schools of the district. If the charter school is established by a private entity, representatives of the private entity shall not constitute a majority of the trustees of the school, and the charter shall specify the extent to which the private entity shall be involved in the operation of the school. The name of the charter school shall not include the name or identification of the private entity, and the private entity shall not realize a net profit from its operation of a charter school.

b. A currently existing public school is eligible to become a charter school if the following criteria are met:

(1) At least 51 percent of the teaching staff in the school shall have signed a petition in support of the school becoming a charter school; and

(2) At least 51 percent of the parents or guardians of pupils attending that public school shall have signed a petition in support of the school becoming a charter school.

c. An application to establish a charter school shall be submitted to the commissioner and the local board of education or State district superintendent, in the case of a school district under full State intervention, in the school year preceding the school year in which the charter school will be established. Notice of the filing of the application shall be sent immediately by the commissioner to: the members of the State Legislature; school superintendents; and mayors and governing bodies of all legislative districts, school districts, or municipalities in which there are students who will be eligible for enrollment in the charter school. The commissioner shall post the notice of the filing, along with instructions and a link for the public to submit comments concerning the application, on the department’s Internet website where the notice shall remain until the commissioner makes a final decision on the application. Any other agency or governing body that receives notice of the filing pursuant to this subsection may post the notice on the agency’s or governing body’s Internet website.

The commissioner shall cause notice of the filing to be published in the county or counties where the charter school is to be located on three occasions. The notices shall be published in accordance with R.S.35:1-2.2 or any other requirements for issuing or publishing a public notice.

Each notice provided to the public, a school district, and a municipality pursuant to this section shall include instructions for the public to submit comments on the application to the commissioner within 30 days of the date of the first notice.

The board of education or State district superintendent shall review the application and forward a recommendation to the commissioner within 60 days of receipt of the application. The commissioner shall have final authority to grant or reject a charter application.

d. The local board of education or a charter school applicant may appeal the decision of the commissioner to the Appellate Division of the Superior Court.

e. A charter school established during the 48 months following the effective date of P.L.1995, c.426 (C.18A:36A-1 et seq.), other than a currently existing public school which becomes a charter school pursuant to the provisions of subsection b. of this section, shall not have an enrollment in excess of 500 students or greater than 25 percent of the student body of the school district in which the charter school is established, whichever is less.

Any two charter schools within the same public school district or within contiguous public school districts that demonstrate a need to consolidate may petition the commissioner to amend their charters and consolidate into one school pursuant to a process that shall be determined by the commissioner.

##### **§ 18A:36A-4.1** Conversion to charter school by certain nonpublic schools. {#sec-18a-36a-4.1 omnilex-key=us-nj-statutes--title-18a--18A:36A-4.1}

1. a. The governing body of a high-performing nonpublic school that is located in a failing school district may submit an application to the Commissioner of Education to convert the school to a charter school. The application of a nonpublic school to convert to a charter school shall certify that upon conversion to charter school status the school shall prohibit religious instruction, events, and activities that promote religious views, and the display of religious symbols. The name of the proposed charter school shall not include any religious reference.

b. The Commissioner of Education shall establish a process for the review of charter school conversion applications. The commissioner may grant an application if the school is a high-performing nonpublic school and located in a failing school district.

As used in this subsection:

"Failing school district" means a school district in need of improvement pursuant to the provisions of the "No Child Left Behind Act of 2001," Pub.L.107-110;

"High-performing nonpublic school" means a nonpublic school that ranked in the 66th percentile or higher on a norm-referenced achievement test in the school year prior to the school year in which a conversion application is submitted pursuant to subsection a. of this section;

"Norm-referenced achievement test" means the California Achievement Test (CAT), Metropolitan Achievement Test (MAT), Stanford Achievement Test (SAT), or the Comprehensive Test of Basic Skills (CTBS) or one of the tests within the CTBS.

c. Students enrolled in the nonpublic school in the school year preceding its conversion to a charter school shall be eligible to continue enrollment at the school after its conversion. Preference for any remaining enrollment spaces for the charter school for its first year, and for all enrollment spaces in each successive year, shall be provided pursuant to the provisions of section 8 of P.L.1995, c.426 (C.18A:36A-8).

d. Teaching staff and other employees of the nonpublic school may continue employment at the charter school upon its conversion. Any employee who is not certified in accordance with the provisions of subsection c. of section 14 of P.L.1995, c.426 (C.18A:36A-14) shall take immediate action towards receiving appropriate New Jersey certification and shall be in full compliance with all certification requirements within two years of the school's conversion. Any employee hired following the conversion of the nonpublic school to charter school status shall meet the requirements of subsection c. of section 14 of P.L.1995, c.426 (C.18A:36A-14).

e. Except as otherwise provided in this section, the provisions of P.L.1995, c.426 (C.18A:36A-1 et seq.) shall apply in the case of a nonpublic school applying for conversion or having undergone conversion to charter school status.

##### **§ 18A:36A-5** Application for charter school. {#sec-18a-36a-5 omnilex-key=us-nj-statutes--title-18a--18A:36A-5}

5. The commissioner shall develop an application for the establishment of a charter school. The application shall include the following information:

a. The identification of the charter applicant;

b. The name of the proposed charter school;

c. The proposed governance structure of the charter school, including a list of the proposed members of the board of trustees of the charter school or a description of the qualifications and method for the appointment or election of members of the board of trustees;

d. The educational goals of the charter school, the curriculum to be offered, and the methods of assessing whether students are meeting educational goals. Charter school students shall be required to meet the same testing and academic performance standards as established by law and regulation for public school students. Charter school students shall also meet any additional assessment indicators which are included within the charter approved by the commissioner;

e. The admission policy and criteria for evaluating the admission of students which shall comply with the requirements of section 8 of P.L.1995, c.426 (C.18A:36A-8);

f. The age or grade range of students to be enrolled;

g. The school calendar and school day schedule;

h. A description of the charter school staff responsibilities and the proposed qualifications of teaching staff;

i. A description of the procedures to be implemented to ensure significant parental involvement in the operation of the school;

j. A description of, and address for, the physical facility in this State in which the charter school will be located;

k. Information on the manner in which community groups will be involved in the charter school planning process;

l. The financial plan for the charter school, including the anticipated administrative costs of the charter school, and the provisions which will be made for auditing the school pursuant to the provisions of N.J.S.18A:23-1. As used in this subsection, “administrative costs” means administrative costs as defined by State Board of Education regulations adopted under chapter 23A of Title 6A of the New Jersey Administrative Code;

m. A description of and justification for any waivers of regulations which the charter school will request;

n. Any other information as the commissioner may require; and

o. A demonstration of need and an explanation of how the need is not currently being met by existing public schools or charter schools in the school district. Unaudited waitlist data shall not qualify as a demonstration of need.

##### **§ 18A:36A-5.1** Review of charter school application, factors involved. {#sec-18a-36a-5.1 omnilex-key=us-nj-statutes--title-18a--18A:36A-5.1}

8. a. Prior to approving a charter school application and granting a charter, the Commissioner of Education shall review:

(1) the application material submitted by the proposed charter school pursuant to section 5 of P.L.1995, c.426 (C.18A:36A-5);

(2) the proposed charter school’s anticipated financial impact on the school district in which the charter school is to be located; and

(3) any other information the commissioner deems necessary.

b. The commissioner shall give equal consideration to the information reviewed pursuant to the provisions of subsection a. of this section when determining whether to grant or deny an application for a charter school established after the effective date of P.L.2025, c.277 (C.18A:36A-2.1 et al.).

##### **§ 18A:36A-6** Powers of charter school {#sec-18a-36a-6 omnilex-key=us-nj-statutes--title-18a--18A:36A-6}

6. A charter school established pursuant to the provisions of this act shall be a body corporate and politic with all powers necessary or desirable for carrying out its charter program, including, but not limited to, the power to:

a. Adopt a name and corporate seal; however, any name selected shall include the words "charter school;"

b. Sue and be sued, but only to the same extent and upon the same conditions that a public entity can be sued;

c. Acquire real property from public or private sources, by purchase, lease, lease with an option to purchase, or by gift, for use as a school facility;

d. Receive and disburse funds for school purposes;

e. Make contracts and leases for the procurement of services, equipment and supplies;

f. Incur temporary debts in anticipation of the receipt of funds;

g. Solicit and accept any gifts or grants for school purposes; and

h. Have such other powers as are necessary to fulfill its charter and which are not inconsistent with this act or the requirements of the commissioner.

The board of trustees of a charter school shall comply with the provisions of the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.).

##### **§ 18A:36A-6a** Website maintained by charter school. {#sec-18a-36a-6a omnilex-key=us-nj-statutes--title-18a--18A:36A-6a}

11. a. A charter school shall maintain an Internet website. The purpose of the website shall be to provide increased public access to the operations and activities of the charter school.

b. The following information shall be posted on the homepage of the charter school’s website:

(1) the budget adopted by the charter school for the school year pursuant to section 12 of P.L.2025, c.277 (C.18A:36A-14.1);

(2) all meeting notices required pursuant to the provisions of the “Senator Byron M. Baer Open Public Meetings Act,” P.L.1975, c.231 (C.10:4-6 et seq.) in accordance with section 15 of P.L.2025, c.277 (C.18A:36A-6b);

(3) each annual report submitted by a charter school pursuant to section 16 of P.L.1995, c.426 (C.18A:36A-16);

(4) a list of the members of the board of trustees;

(5) a list, and location, of the facilities operated by the charter school; and

(6) any other information required by State or federal law.

c. The website shall be updated on a regular basis.

##### **§ 18A:36A-6b** Copy of meeting notices, dates, minutes, charter schools. {#sec-18a-36a-6b omnilex-key=us-nj-statutes--title-18a--18A:36A-6b}

15. a. In accordance with the provisions of the “Senator Byron M. Baer Open Public Meetings Act,” P.L.1975, c.231 (C.10:4-6 et seq.), the board of trustees of a charter school shall post a copy of all meeting notices, including a calendar of all meeting dates, and the minutes of each meeting on the charter school’s website.

b. The board shall hold all meetings in a physical building in the school district in which the charter school is located, except that a meeting may be held by means of communications or other electronic equipment during a period declared pursuant to the laws of this State as a state of emergency, public health emergency, or state of local disaster emergency.

##### **§ 18A:36A-6.1** Charter schools with interscholastic athletics to join voluntary associations regulating student activities conduct. {#sec-18a-36a-6.1 omnilex-key=us-nj-statutes--title-18a--18A:36A-6.1}

8. a. A charter school that offers interscholastic athletics shall join one or more voluntary associations that regulate the conduct of student activities between and among their members, whose membership may include private and public schools. Membership in the voluntary association shall be, by resolution of the board of trustees, adopted annually. A voluntary association shall not be operative without approval of its charter, constitution, bylaws, and rules and regulations by the Commissioner. Upon the adoption of the resolution, the board, its faculty, and students shall be governed by the rules and regulations of that association. The rules and regulations of the association shall be deemed to be the policy of the board of trustees and enforced first by the internal procedures of the association. In matters involving only public schools and students, faculty, administrators, and boards thereof, appeals shall be to the commissioner and thereafter the Superior Court. In all other matters, appeals shall be made directly to the Superior Court. The commissioner shall have the authority to direct the association to conduct an inquiry by hearing or otherwise on a particular matter or alternatively, direct that particular matter be heard directly by the commissioner. The association shall be a party to any proceeding before the commissioner or in any court.

b. The rules and regulations of the voluntary association shall only apply to association sanctioned activities offered by the charter school.

##### **§ 18A:36A-7** Student admissions to charter school. {#sec-18a-36a-7 omnilex-key=us-nj-statutes--title-18a--18A:36A-7}

7. A charter school shall be open to all students on a space available basis and shall not discriminate in its admission policies or practices on the basis of intellectual or athletic ability, measures of achievement or aptitude, status as a person with a disability, proficiency in the English language, or any other basis that would be illegal if used by a school district; however, a charter school may limit admission to a particular grade level or to areas of concentration of the school, such as mathematics, science, or the arts. Except as otherwise permitted pursuant to section 8 of P.L.1995, c.426 (C.18A:36A-8), a charter school shall not establish criteria to evaluate prospective students and shall not impose qualifications for enrollment on a student selected through a random selection process established pursuant to section 8 of P.L.1995, c.426 (C.18A:36A-8). Nothing in this subsection shall be construed to prohibit use of a weighted admission lottery in furtherance of a charter school seeking the enrollment of a cross section of the community’s school age population pursuant to subsection e. of section 8 of P.L.1995, c.426 (C.18A:36A-8).

##### **§ 18A:36A-8** Enrollment preference. {#sec-18a-36a-8 omnilex-key=us-nj-statutes--title-18a--18A:36A-8}

8. a. Preference for enrollment in a charter school shall be given to students who reside in the school district in which the charter school is located. If there are more applications to enroll in the charter school than there are spaces available, the charter school shall select students to attend using a random selection process. A charter school shall not charge tuition to students who reside in the district.

b. A charter school shall allow any student who was enrolled in the school in the immediately preceding school year to remain enrolled in the charter school in the appropriate grade unless the appropriate grade is not offered at the charter school.

c. A charter school may give enrollment priority to:

(1) a sibling of a student enrolled in the charter school; and

(2) regardless of residence, the children of teaching staff members of the charter school.

d. If available space permits, a charter school may enroll non-resident students. The terms and conditions of the enrollment shall be outlined in the school's charter and approved by the commissioner.

e. The admission policy of the charter school shall, to the maximum extent practicable, seek the enrollment of a cross section of the community's school age population including racial and academic factors.

##### **§ 18A:36A-8.1** Non-resident student, charter schools, requirements for interscholastic athletics. {#sec-18a-36a-8.1 omnilex-key=us-nj-statutes--title-18a--18A:36A-8.1}

9. a. A non-resident student enrolled at a charter school shall meet the following requirements to participate in interscholastic athletics at the school:

(1) the student shall reside within a 20-mile radius of the charter school;

(2) if the student initially enrolls in the charter school in grade 11, the student shall not participate in interscholastic athletics for one year following the date of enrollment; and

(3) if the student initially enrolls in the charter school in grade 12, the student shall not participate in interscholastic athletics.

b. The commissioner may authorize a waiver of the provisions of subsection a. of this section if the school district of residence of the non-resident student does not offer the interscholastic athletic activity in which the non-resident student participates.

c. The provisions of subsection a. of this section shall not apply to any student enrolled in a charter school on the effective date of P.L.2025, c.276 (C.18A:36A-3.1 et al.).

##### **§ 18A:36A-9** Withdrawal, expulsion from charter school. {#sec-18a-36a-9 omnilex-key=us-nj-statutes--title-18a--18A:36A-9}

9. a. A student may withdraw from a charter school at any time; however, a charter school, or any employee or representative thereof, shall not counsel or advise a student, or a student’s parent or guardian, to withdraw from the charter school. Nothing in this subsection shall be construed as prohibiting a charter school’s child study team from considering, with the full participation of a student’s parent or guardian, a program or placement option for a student with a disability that includes placement in another setting in accordance with the provisions of the “Individuals with Disabilities Education Act,” 20 U.S.C. s.1400 et seq., chapter 46 of Title 18A of the New Jersey Statutes, or regulations promulgated thereto.

b. Except as otherwise provided in section 1 of P.L.2016, c.45 (C.18A:37-2a), a student may be expelled from a charter school based on criteria determined by the board of trustees, which are consistent with the provisions of N.J.S.18A:37-2, and approved by the commissioner as part of the school's charter. Any expulsion shall be made upon the recommendation of the charter school principal in consultation with the student's teachers.

##### **§ 18A:36A-9.1** Exit interviews, charter schools. {#sec-18a-36a-9.1 omnilex-key=us-nj-statutes--title-18a--18A:36A-9.1}

6. In addition to the responsibilities required pursuant to subsection c. of section 5 of P.L.2025, c.276 (C.18A:36-19b), a charter school’s student placement liaison shall, to the greatest extent practicable, conduct an exit interview for any student who exits the charter school for a reason other than graduation. When conducting an exit interview, the student placement liaison shall identify the reasons contributing to the decision to exit the school.

##### **§ 18A:36A-10** Location of charter school. {#sec-18a-36a-10 omnilex-key=us-nj-statutes--title-18a--18A:36A-10}

10. a. A charter school shall be physically located, and provide all instruction, in part of an existing public school building, in space provided on a public work site, in a public building, or any other suitable location in the school district in the State in which the charter school has been authorized to operate. In the case of a nonpublic school that converts to a charter school pursuant to the provisions of section 1 of P.L.2011, c.140 (C.18A:36A-4.1), the charter school may be located in the same school building in which the nonpublic school was located in the State. The facility shall be exempt from public school facility regulations, except those pertaining to the health or safety of the pupils. A charter school shall not construct a facility with public funds other than federal funds.

b. The Commissioner of Education shall deny a charter school application that proposes to operate a charter school, or provide instruction, in a physical location outside of the State.

c. The commissioner shall deny a charter school application submitted after the effective date of P.L.2025, c.277 (C.18A:36A-2.1 et al.) that proposes to operate or provide instruction primarily online.

d. This section shall not be construed to limit the ability or discretion of a teaching staff member to utilize technological tools as an aid to in-person instruction. Technological tools shall include, but not be limited to: online learning applications, educational software; third-party websites, Internet-based educational resources, online data and assessment platforms, and any other software program or application used to assist with curricular or education specific needs.

e. This section shall not be construed to limit the ability of a charter school to utilize virtual or remote instruction as permitted pursuant to Title 18A of the New Jersey Statutes or State Board of Education regulations.

f. The Department of Education, in consultation with school districts throughout the State, shall maintain and publish on its Internet website a searchable list of all public school facilities that have been closed, are unused, unoccupied, or advertised for sale or for lease.

##### **§ 18A:36A-11** Operation of charter school. {#sec-18a-36a-11 omnilex-key=us-nj-statutes--title-18a--18A:36A-11}

11. a. A charter school shall operate in accordance with its charter and the provisions of law and regulation which govern other public schools; except that, upon the request of the board of trustees of a charter school, the commissioner may exempt the school from State regulations concerning public schools, except those pertaining to assessment, testing, civil rights and student health and safety, if the board of trustees satisfactorily demonstrates to the commissioner that the exemption will advance the educational goals and objectives of the school.

b. A charter school shall comply with the provisions of chapter 46 of Title 18A of the New Jersey Statutes concerning the provision of services to students with disabilities; except that the fiscal responsibility for any student currently enrolled in or determined to require a private day or residential school shall remain with the district of residence.

Within 15 days of the signing of the individualized education plan, a charter school shall provide notice to the resident district of any individualized education plan which results in a private day or residential placement. The resident district may challenge the placement within 30 days in accordance with the procedures established by law.

c. A charter school shall comply with applicable State and federal anti-discrimination statutes.

##### **§ 18A:36A-11a** Compliance with ownership disclosure provisions, management organization, charter schools. {#sec-18a-36a-11a omnilex-key=us-nj-statutes--title-18a--18A:36A-11a}

20. A charter management organization or education management organization that receives payment for operating or managing a charter school, the source of which is State or local funds, shall comply with the ownership disclosure provisions of section 1 of P.L.1977, c.33 (C.52:25-24.2).

##### **§ 18A:36A-11.1** Requirements for member of board of trustees of a charter school. {#sec-18a-36a-11.1 omnilex-key=us-nj-statutes--title-18a--18A:36A-11.1}

7. a. A person may not serve as a member of the board of trustees of a charter school if he or she has been convicted of a crime or offense listed in N.J.S.18A:12-1.

b. Each member of a charter school board of trustees, within 30 days of appointment to that board, shall undergo a criminal history background investigation for the purpose of ensuring that the member is not disqualified from membership due to a conviction of a crime or offense listed in N.J.S.18A:12-1.

c. A member of a charter school board of trustees shall submit to the Commissioner of Education his or her name, address and fingerprints taken in accordance with procedures established by the commissioner. The Commissioner of Education is hereby authorized to exchange fingerprint data with and receive criminal history record information from the federal Bureau of Investigation and the Division of State Police for use in making the determinations required by this act. A member shall furnish his or her written consent to such a check as a condition of holding the office of charter school board of trustees member. The member shall bear the cost for the criminal history record check, including all costs for administering and processing the check. The charter school may reimburse the member for the cost of the criminal history record check, including all costs for administering and processing the check.

d. The Commissioner of Education is authorized to:

receive all criminal history data necessary to complete the criminal history records check as required pursuant to this section;

receive all data in accordance with this section on charges pending against a member who has previously undergone a criminal history records check; and

adjust the fees set by the Department of Education for the criminal history records checks.

e. Upon receipt of the criminal history record information for a member of a charter school board of trustees from the Federal Bureau of Investigation and the Division of State Police, the Commissioner of Education shall notify the member, in writing, of the member's qualification or disqualification from holding the office of member of a board. If the member is disqualified, the convictions which constitute the basis for the disqualification shall be identified in the written notice to the member. The member shall have 14 days from the date of the written notice of disqualification to challenge the accuracy of the criminal history record information. If no challenge is filed or if the determination of the accuracy of the criminal history record information upholds the disqualification, the commissioner shall notify the member's board of trustees that the member has been disqualified from membership on the board.

f. The commissioner is authorized to share all criminal history record information of a member received from the Federal Bureau of Investigation or the State Bureau of Identification with the appropriate court in order to obtain copies of the judgment of conviction and such other documents as the commissioner deems necessary to confirm the completeness and accuracy of the record.

g. Following qualification for membership on a board of trustees pursuant to this section, the State Bureau of Identification shall immediately forward to the Commissioner of Education any information which the bureau receives on a charge pending against a member. If the charge is for one of the crimes or offenses enumerated in N.J.S.18A:12-1, the commissioner shall notify the member's board of trustees, and the board shall take appropriate action. If the pending charge results in conviction, the member shall be disqualified for continued membership.

h. The Commissioner of Education shall permanently maintain the criminal record and application documents on a member of a board of trustees. All documents submitted by a candidate and all criminal history record information shall be maintained by the commissioner in a confidential manner.

##### **§ 18A:36A-11.2** Requiring student representative as nonvoting member of charter school board that includes grades nine through 12; procedure; duties. {#sec-18a-36a-11.2 omnilex-key=us-nj-statutes--title-18a--18A:36A-11.2}

2. a. Notwithstanding any law, rule or regulation to the contrary, each board of trustees of a charter school that includes grades nine through 12 shall include a minimum of one student selected by the student body to serve as a nonvoting student representative on the board. The student body may elect or appoint the student representative to the board, in a process to be determined by the chief school administrator of a charter school and shall consider input provided by the student body. The student representative shall serve for a one-school-year term.

b. The duties of the student representative shall include:

(1) attending all board meetings, except that a student representative shall be excluded from discussions of the board involving subjects which are confidential;

(2) representing all high school students within the charter school and presenting student proposals and concerns to the board for its consideration; and

(3) keeping high school students within the charter school informed of the business of the board by providing a monthly report to the student council concerning the activities of the board.

##### **§ 18A:36A-11.3** Experience necessary for charter school trustees. {#sec-18a-36a-11.3 omnilex-key=us-nj-statutes--title-18a--18A:36A-11.3}

13. An individual appointed to a board of trustees of a charter school following the effective date of P.L.2025, c.277 (C.18A:36A-2.1 et al.), other than a student representative appointed pursuant to section 2 of P.L.2021, c.446 (C.18A:36A-11.2), shall possess legal, fiscal, educational, community, or board leadership or governance experience.

##### **§ 18A:36A-11.4** Residency requirements for charter school trustees. {#sec-18a-36a-11.4 omnilex-key=us-nj-statutes--title-18a--18A:36A-11.4}

14. a. A minimum of 33 percent of the members of the board of trustees of a charter school shall maintain their principal residence or primary place of employment in the district or region in which the charter school is located, provided that at least one member of the board of trustees shall maintain their principal residence in the district or region in which the charter school is located.

b. A member of the board of trustees of a charter school shall maintain the member’s principal residence in the State.

c. A person who holds membership on the board of trustees of a charter school on the effective date of P.L.2025, c.277 (C.18A:36A-2.1 et al.), but does not maintain principal residence or a primary place of employment in accordance with the provisions of subsections a. and b. of this section on that effective date, shall not be subject to the residency requirements of this section while the person continues to hold membership on the board without a break in service of greater than seven days.

##### **§ 18A:36A-12** Per pupil payments to charter schools. {#sec-18a-36a-12 omnilex-key=us-nj-statutes--title-18a--18A:36A-12}

12. a. (Deleted by amendment, P.L.2007, c.260).

b. The school district of residence shall pay directly to the charter school for each student enrolled in the charter school who resides in the district an amount equal to 90% of the sum of the budget year equalization aid per pupil, the prebudget year general fund tax levy per pupil inflated by the CPI rate most recent to the calculation, and the employer payroll tax per pupil that is transferred to the school district pursuant to subsection d. of section 1 of P.L.2018, c.68. In addition, the school district of residence shall pay directly to the charter school the security categorical aid attributable to the student and a percentage of the district's special education categorical aid equal to the percentage of the district's special education students enrolled in the charter school and, if applicable, 100% of preschool education aid. The district of residence shall also pay directly to the charter school any federal funds attributable to the student.

c. (Deleted by amendment, P.L.2007, c.260).

d. Notwithstanding the provisions of subsection b. of this section, in the case of a student who was not included in the district's projected resident enrollment for the school year, the State shall pay 100% of the amount required pursuant to subsection b. of this section for the first year of the student's enrollment in the charter school.

e. The State shall make payments required pursuant to subsection d. of this section directly to the charter school.

##### **§ 18A:36A-13** Transportation for students {#sec-18a-36a-13 omnilex-key=us-nj-statutes--title-18a--18A:36A-13}

13. The students who reside in the school district in which the charter school is located shall be provided transportation to the charter school on the same terms and conditions as transportation is provided to students attending the schools of the district. Non-resident students shall receive transportation services pursuant to regulations established by the State board.

##### **§ 18A:36A-14** Authority of board of trustees; employees. {#sec-18a-36a-14 omnilex-key=us-nj-statutes--title-18a--18A:36A-14}

14. a. The board of trustees of a charter school shall have the authority to decide matters related to the operations of the school, including budgeting, curriculum, and operating procedures, subject to the school's charter. The board shall not contract with a for-profit entity to operate or manage the charter school. The board may contract with a charter management organization for these services. Notwithstanding the provisions of this subsection to the contrary, an education management organization that holds a contract to operate or manage a charter school in the State on the effective date of P.L.2025, c.277 (C.18A:36A-2.1 et al.) shall not be subject to the prohibition on contracting with a for-profit entity pursuant to this subsection.

The board shall provide for appropriate insurance against any loss or damage to its property or any liability resulting from the use of its property or from the acts or omissions of its officers and employees.

b. In the case of a currently existing public school which becomes a charter school pursuant to the provisions of subsection b. of section 4 of P.L.1995, c.426 (C.18A:36A-4), all school employees of the charter school shall be deemed to be members of the bargaining unit defined in the applicable agreement and shall be represented by the same majority representative organization as the employees covered by that agreement. In the case of other charter schools, the board of trustees of a charter school shall have the authority to employ, discharge, and contract with necessary teachers and non-licensed employees subject to the school's charter. The board of trustees may choose whether or not to offer the terms of any collective bargaining agreement already established by the school district for its employees, but the board shall adopt any health and safety provisions of the agreement. The charter school and its employees shall be subject to the provisions of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.) and the "Conscientious Employee Protection Act," P.L.1986, c.105 (C.34:19-1 et seq.). A charter school shall not set a teacher salary lower than the minimum teacher salary specified pursuant to section 7 of P.L.1985, c.321 (C.18A:29-5.6) nor higher than the highest step in the salary guide in the collective bargaining agreement which is in effect in the district in which the charter school is located.

c. All classroom teachers and professional support staff shall hold appropriate New Jersey certification. The commissioner shall make appropriate adjustments in the alternate route program in order to expedite the certification of persons who are qualified by education and experience.

d. A public school employee, tenured or non-tenured, may request a leave of absence of up to three years from the local board of education or State district superintendent in order to work in a charter school. Approval for a leave of absence shall not be unreasonably withheld. Employees on a leave of absence as provided herein shall remain in, and continue to make contributions to, their retirement plan during the time of the leave and shall be enrolled in the health benefits plan of the district in which the charter school is located. The charter school shall make any required employer's contribution to the district's health benefits plan.

e. Public school employees on a leave shall not accrue tenure in the public school system, but shall retain tenure, if so applicable, and shall continue to accrue seniority, if so applicable, in the public school system if they return to their non-charter school when the leave ends. An employee of a charter school shall not accrue tenure pursuant to N.J.S.18A:17-2, N.J.S.18A:17-3, or N.J.S.18A:28-5, but shall acquire streamline tenure pursuant to guidelines promulgated by the commissioner, and the charter shall specify the security and protection to be afforded to the employee in accordance with the guidelines.

f. Any public school employee who leaves or is dismissed from employment at a charter school within three years shall have the right to return to the employee's former position in the public school district which granted the leave of absence, provided the employee is otherwise eligible for employment in the public school.

##### **§ 18A:36A-14a** Non-disclosure agreements, charter schools, employees. {#sec-18a-36a-14a omnilex-key=us-nj-statutes--title-18a--18A:36A-14a}

16. a. As used in this section:

“Non-disclosure agreement” means an agreement between the board of trustees of a charter school and an employee of the charter school arising out of an existing or anticipated employment relationship, or an agreement between the board and an employee with respect to severance pay, under which the employee or expected employee agrees not to disclose information that may be exchanged or acquired during the course of employment at the charter school. A non-disclosure agreement may include a confidentiality clause or any other language limiting the ability of an employee to discuss their employment with the charter school.

“Restrictive covenant” means an agreement between the board of trustees of a charter school and an employee of the charter school arising out of an existing or anticipated employment relationship, or an agreement between the board and an employee with respect to severance pay, under which the employee or expected employee agrees not to engage in certain specified activities competitive with the charter school after the employment relationship has ended.

b. The board of trustees of a charter school, or any employee acting on behalf of the board, shall not require or request that an employee enter into a non-disclosure agreement or restrictive covenant as a condition of employment or with respect to severance pay as provided in an employment contract.

c. Nothing in this section shall be construed to prohibit a board of trustees from entering into a non-disparagement agreement with an employee.

##### **§ 18A:36A-14.1** Charter school budget to be posted on school’s website. {#sec-18a-36a-14.1 omnilex-key=us-nj-statutes--title-18a--18A:36A-14.1}

12. a. The budget adopted by a charter school for the school year shall be provided for public inspection on the homepage of the charter school’s Internet website and made available in print in a “user-friendly” format using plain language. The Commissioner of Education shall, within the limit of funds appropriated or otherwise made available for this purpose, promulgate a “user-friendly,” plain language budget summary form for the use of charter schools for this purpose. The commissioner shall also promulgate a procedure and timeline for the submission by each charter school of the required budget summary form to the Department of Education.

b. The plain language budget summary shall provide the public with information in summary form about the budget of the charter school and shall include, in addition to an abbreviated version of the formal budget adopted by the charter school, any statistical information as the commissioner determines to be useful for the public’s understanding of the charter school’s fiscal matters and condition and shall also include, but not be limited to, the following information for both the budget year and prebudget year:

(1) all line items of appropriation aggregated by item type;

(2) revenues by major category, including private donation;

(3) the amount of available surplus;

(4) a description of unusual revenues or appropriations, with a description of the circumstances of the revenues or appropriations;

(5) a list of shared service agreements in which the charter school is participating;

(6) the salary of the lead person and the school business administrator employed by the charter school; and

(7) if either the lead person or school business administrator is a contracted service provider, each executed contract between the lead person or school business administrator and charter school.

c. The plain language budget summary shall be submitted to the department in a form as determined by the commissioner, and, upon its receipt of the summary, the department shall make the summary available to the public through an Internet website maintained by the department in an easily accessible location. The information on the website shall be presented as data that can be downloaded by the public for comparative purposes using commonly used software.

d. Upon the preparation of its budget, each board of trustees shall fix a date, place, and time for the holding of a public hearing upon the budget and the amounts of money necessary for the use of the charter school for the ensuing school year and the various items and purposes for which the funds will be used. The hearing shall be held at a time and place accessible to the public. The board of trustees shall cause notice of the public hearing and the statement annexed to the budget to be:

(1) published in the county or counties where the charter school is to be located on three occasions; and

(2) sent to the board of education of each school district of residence of the students enrolled in the charter school not less than four days prior to the date fixed for the public hearing. The notice sent to a board of education pursuant to this paragraph may be transmitted by the board of trustees via electronic mail.

##### **§ 18A:36A-14.2** Timeline of submission, compensation study, charter schools. {#sec-18a-36a-14.2 omnilex-key=us-nj-statutes--title-18a--18A:36A-14.2}

17. a. A board of trustees of a charter school shall submit a compensation study to the commissioner:

(1) in any school year during which a charter school enters into, renews, or substantially modifies a contract with the lead person of the charter school as part of the charter school’s annual report required pursuant to subsection b. of section 16 of P.L.1995, c.426 (C.18A:36A-16); and

(2) at any other time the commissioner deems necessary.

b. A board of trustees of a charter school may utilize a compensation study completed in any of the immediately preceding three school years to comply with the provisions of this section.

##### **§ 18A:36A-14.3** Public notice of amending, altering contract terms, lead person, business administrator, charter schools. {#sec-18a-36a-14.3 omnilex-key=us-nj-statutes--title-18a--18A:36A-14.3}

18. A board of trustees of a charter school shall not renegotiate, extend, amend, or otherwise alter the terms of a contract with a lead person or school business administrator unless notice is provided to the public at least 30 days prior to the scheduled action by the board. The board shall also hold a public hearing and shall not take any action on the matter until the hearing has been held. The board shall provide the public with at least 10 days’ notice of the public hearing.

##### **§ 18A:36A-14.4** Public notice of amending, altering contract terms, management organizations, charter schools. {#sec-18a-36a-14.4 omnilex-key=us-nj-statutes--title-18a--18A:36A-14.4}

19. A board of trustees of a charter school shall not renegotiate, extend, amend, or otherwise alter the terms of a contract with a charter management organization or education management organization unless notice is provided to the Department of Education and the public at least 30 days prior to the scheduled action by the board. The board shall also hold a public hearing and shall not take any action on the matter until the hearing has been held. The board shall provide the department and the public with at least 10 days’ notice of the public hearing.

##### **§ 18A:36A-15** Complaints to board of trustees {#sec-18a-36a-15 omnilex-key=us-nj-statutes--title-18a--18A:36A-15}

15. Any individual or group may bring a complaint to the board of trustees of a charter school alleging a violation of the provisions of this act. If, after presenting the complaint to the board of trustees, the individual or group determines that the board of trustees has not adequately addressed the complaint, they may present that complaint to the commissioner who shall investigate and respond to the complaint. The board shall establish an advisory grievance committee consisting of both parents and teachers who are selected by the parents and teachers of the school to make nonbinding recommendations to the board concerning the disposition of a complaint.

##### **§ 18A:36A-16** Annual assessment, review of charter schools, independent study, report, recommendations. {#sec-18a-36a-16 omnilex-key=us-nj-statutes--title-18a--18A:36A-16}

16. a. The commissioner shall annually assess whether each charter school is meeting the goals of its charter. The commissioner shall also conduct a comprehensive review prior to granting a renewal of the school’s charter. Notice of a charter school’s renewal application shall be provided in accordance with the provisions of subsection c. of section 4 of P.L.1995, c.426 (C.18A:36A-4).

The executive county superintendent of schools of the county in which the charter school is located shall have on-going access to the records and facilities of the charter school to ensure that the charter school is in compliance with its charter and that State board regulations concerning assessment, testing, civil rights, and student health and safety are being met.

b. In order to facilitate the commissioner's review, each charter school shall submit an annual report to the local board of education, the executive county superintendent of schools, and the commissioner in the form prescribed by the commissioner. The report shall be received annually by the local board, the executive county superintendent, and the commissioner no later than August 1.

The report shall also be made available on the charter school’s Internet website and to the parent or guardian of a student enrolled in the charter school and shall be presented to the public at a regularly scheduled board of trustees meeting.

c. By April 1, 2001, the commissioner shall hold public hearings in the north, central, and southern regions of the State to receive input from members of the educational community and the public on the charter school program.

d. The commissioner shall commission an independent study of the charter school program. The study shall be conducted by an individual or entity identified with expertise in the field of education and the selection shall be approved by the Joint Committee on the Public Schools. The individual or entity shall design a comprehensive study of the charter school program.

e. The commissioner shall submit to the Governor, the Legislature, and the State Board of Education by October 1, 2001 an evaluation of the charter school program based upon the public input required pursuant to subsection c. of this section and the independent study required pursuant to subsection d. of this section. The evaluation shall include, but not be limited to, consideration of the following elements:

(1) the impact of the charter school program on resident districts' students, staff, parents, educational programs, and finances;

(2) the impact of the charter school program and the increased number of schools on the economics of educational services on a Statewide basis;

(3) the fairness and the impact of the reduction of available resources on the ability of resident districts to promote competitive educational offerings;

(4) the impact of the shift of pupils from nonpublic schools to charter schools;

(5) the comparative demographics of student enrollments in school districts of residence and the charter schools located within those districts. The comparison shall include, but not be limited to, race, gender, socioeconomic status, enrollment of special education students, enrollment of students of limited English proficiency, and student progress toward meeting the core curriculum content standards as measured by student results on Statewide assessment tests;

(6) the degree of involvement of private entities in the operation and financial support of charter schools, and their participation as members of charter school boards of trustees;

(7) verification of the compliance of charter schools with applicable laws and regulations;

(8) student progress toward meeting the goals of the charter schools;

(9) parent, community, and student satisfaction with charter schools;

(10) the extent to which waiting lists exist for admission to charter schools and the length of those lists;

(11) the extent of any attrition among student and faculty members in charter schools; and

(12) the results of the independent study required pursuant to subsection d. of this section.

The evaluation shall include a recommendation on the advisability of the continuation, modification, expansion, or termination of the program. If the evaluation does not recommend termination, then it shall include recommendations for changes in the structure of the program which the commissioner deems advisable. The commissioner may not implement any recommended expansion, modification, or termination of the program until the Legislature acts on that recommendation.

f. Every five years the commissioner shall publicly report on the state of charter schools in New Jersey based on measures contained in the Performance Framework developed by the commissioner pursuant to regulations adopted under chapter 11 of Title 6A of the New Jersey Administrative Code to evaluate the academic, financial, and organizational performance of charter schools.

##### **§ 18A:36A-16.1** Annual report to include student exit numbers, charter schools. {#sec-18a-36a-16.1 omnilex-key=us-nj-statutes--title-18a--18A:36A-16.1}

7. a. Each charter school shall include information on the number of students exiting the charter school in the preceding school year in the annual report submitted by the charter school to the commissioner pursuant to section 16 of P.L.1995, c.426 (C.18A:36A-16).

b. The information shall include last dates of attendance, reasons for exiting the charter school, and subsequent educational placements. The information shall not include the personal identifying information of an individual or any information that would otherwise violate the privacy rights of a student.

c. The commissioner shall establish a comprehensive list of reasons for exiting a charter school that a charter school shall select from when reporting exit data pursuant to the provisions of this section.

##### **§ 18A:36A-17** Granting, renewal of charter. {#sec-18a-36a-17 omnilex-key=us-nj-statutes--title-18a--18A:36A-17}

17. a. A charter granted by the commissioner pursuant to the provisions of P.L.1995, c.426 (C.18A:36A-1 et seq.) shall be granted for a four-year period and may be renewed for a period of five or 10 years at the discretion of the commissioner. A charter school, which has been deemed high performing based on measures contained in the Performance Framework developed by the commissioner pursuant to regulations adopted under chapter 11 of Title 6A of the New Jersey Administrative Code to evaluate the academic, financial, and organizational performance of charter schools, may be renewed for a period of 10 years, provided that the charter school has not been placed on probationary status within the previous five years. The commissioner may revert a charter school approved for a 10-year renewal period to a five-year renewal period if the charter school is placed on probationary status during the first five years of the 10-year renewal period. The commissioner may review the charter of a school that has been granted a renewal at any time during the renewal period.

b. The commissioner may place a charter school on probationary status to allow the implementation of a remedial plan after which, if the plan is unsuccessful, the charter may be summarily revoked. The commissioner may place a charter school on probationary status for any reason determined by the commissioner based on the individual circumstances of a charter school or if, on two occasions during a single school year, the charter school:

(1) has not fulfilled any condition imposed by the commissioner in connection with granting the charter;

(2) violates any provision of its charter;

(3) violates any of the financial operations requirements established for the charter schools by the State board;

(4) fails to make reasonable and appropriate efforts to serve a cross section of the community’s school age population;

(5) engages in a practice and pattern of discrimination in violation of federal or State law; or

(6) violates any federal or State law.

A charter school shall notify each employee and the parent or guardian of each enrolled student as to the charter school’s probationary status upon notification by the commissioner that the charter school has been placed on probationary status.

c. The commissioner may revoke a school's charter if the school has not fulfilled any condition imposed by the commissioner in connection with the granting of the charter, if the school has violated any provision of its charter, if the school is determined by the commissioner to have committed or engaged in any of the criteria listed in paragraphs (1) through (6) of subsection b. of this section while on probationary status, or for any reason determined by the commissioner based on the individual circumstances of a charter school, except that in the case of violations that are administrative or technical in nature, the commissioner shall afford the school an opportunity to correct the deficiencies prior to initiating revocation proceedings.

d. The commissioner shall develop procedures and guidelines for the revocation and renewal of a school's charter.

##### **§ 18A:36A-17a** Compensation study, charter school, renewal application review. {#sec-18a-36a-17a omnilex-key=us-nj-statutes--title-18a--18A:36A-17a}

9. The Commissioner of Education shall consider the most recent compensation study submitted by the charter school and the charter school’s administrative costs over the past three years when reviewing an application to renew a charter school and as part of the annual review conducted by the commissioner pursuant to section 16 of P.L.1995, c.426 (C.18A:36A-16).

##### **§ 18A:36A-17.1** Commissioner's actions relative to possible loss, not granting of charter. {#sec-18a-36a-17.1 omnilex-key=us-nj-statutes--title-18a--18A:36A-17.1}

4. If at any time the commissioner determines that a board of trustees is in jeopardy of losing its charter or an applicant is in jeopardy of not being granted a charter, the commissioner shall so notify the board of trustees or the applicant. The board of trustees or the applicant shall, within 48 hours of receipt of such notification, provide to the commissioner, in writing, a complete list of the names and addresses of all students and staff currently enrolled and working in the school, or in the case of an applicant, a complete list of the names and addresses of all students and staff intending to enroll or work at the school, so the commissioner may send the appropriate notice to the parents or guardians and staff.

##### **§ 18A:36A-18** Rules, regulations {#sec-18a-36a-18 omnilex-key=us-nj-statutes--title-18a--18A:36A-18}

18. 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.), necessary to effectuate the provisions of this act.

## **Chapter 36B** {#struct-chapter-36b}

##### **§ 18A:36B-14** Short title. {#sec-18a-36b-14 omnilex-key=us-nj-statutes--title-18a--18A:36B-14}

1. This act shall be known and may be cited as the "Interdistrict Public School Choice Program Act."

##### **§ 18A:36B-15** Definitions relative to public school choice. {#sec-18a-36b-15 omnilex-key=us-nj-statutes--title-18a--18A:36B-15}

2. As used in this act:

"Choice district" means a public school district, established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes, which is authorized under the interdistrict public school choice program to open a school or schools to students from sending districts;

"Commissioner" means the Commissioner of Education;

"Sending district" means the district of residence of a choice student.

##### **§ 18A:36B-16** Interdistrict public school choice program. {#sec-18a-36b-16 omnilex-key=us-nj-statutes--title-18a--18A:36B-16}

3. The Commissioner of Education shall establish an interdistrict public school choice program which shall provide for the creation of choice districts. A choice district may enroll students across district lines in designated schools of the choice district.

##### **§ 18A:36B-17** Application by district for choice program. {#sec-18a-36b-17 omnilex-key=us-nj-statutes--title-18a--18A:36B-17}

4. a. A proposed choice district shall submit an application to the commissioner no later than April 30 in the year prior to the school year in which the choice program will be implemented; except that for the first year of implementation of the program pursuant to P.L.2010, c.65 (C.18A:36B-14 et seq.), the application shall be submitted no later than the date specified by the commissioner. The application shall include, but not be limited to, the following information:

(1) a description of programs and schools and the number of student openings in each school identified by grade level which are available for selection;

(2) the provision for the creation of a parent information center;

(3) a description of the student application process and any criteria required for admission; and

(4) an analysis of the potential impact of the program on student population diversity in all potential participating districts and a plan for maintaining diversity in all potential participating districts, which plan shall not be used to supersede a court-ordered or administrative court-ordered desegregation plan.

The commissioner shall notify a choice district of the approval or disapproval of its application no later than July 30, and the reasons for disapproval shall be included in the notice; except that for the first year of implementation of the program pursuant to P.L.2010, c.65 (C.18A:36B-14 et seq.), notification shall be no later than the date specified by the commissioner.

The commissioner shall notify the State Board of Education of the approval of a choice district application and the State board shall include a public notice of the approval on the next agenda for its public monthly meeting.

b. The commissioner may take appropriate action, consistent with State and federal law, to provide that student population diversity in all districts participating in a choice district program is maintained. Student population diversity shall include, but not be limited to, the ethnic, racial, economic, and geographic diversity of a district's student population. The actions may include, but need not be limited to:

(1) directing a choice district to take appropriate steps to implement successfully the district's plan for maintaining student population diversity;

(2) restricting the number of choice students from a sending district or the authority of a choice district to accept choice students in the future; and

(3) revoking approval of the choice district. Any choice student who is attending a designated school in a choice district at the time of the commissioner's revocation of approval shall be entitled to continue to be enrolled in that school until graduation.

##### **§ 18A:36B-18** Evaluation of district's application. {#sec-18a-36b-18 omnilex-key=us-nj-statutes--title-18a--18A:36B-18}

5. The commissioner shall evaluate an application submitted by a proposed choice district according to the following criteria:

a. the fiscal impact on the district;

b. the quality and variety of academic programs offered within the district;

c. the potential effectiveness of the student application process and of the admissions criteria utilized;

d. the impact on student population diversity in the district; and

e. the degree to which the program will promote or reduce educational quality in the choice district and the sending districts.

##### **§ 18A:36B-19** Current choice districts unaffected. {#sec-18a-36b-19 omnilex-key=us-nj-statutes--title-18a--18A:36B-19}

6. Any choice district established by the commissioner prior to the effective date of P.L.2010, c.65 (C.18A:36B-14 et seq.) is authorized to continue operation as if the choice district had been approved pursuant to the provisions of P.L.2010, c.65 (C.18A:36B-14 et seq.).

##### **§ 18A:36B-20** Applications by student to choice district. {#sec-18a-36b-20 omnilex-key=us-nj-statutes--title-18a--18A:36B-20}

7. a. The parents or guardian of a student shall notify the sending district of the student's intention to participate in the choice program and shall submit an application to the choice district, indicating the school the student wishes to attend, no later than the date specified by the commissioner. To be eligible to participate in the program, a student shall be enrolled at the time of application in grades preschool through 12 in a school of the sending district and have attended school in the sending district for at least one full year immediately preceding enrollment in the choice district, provided that a "sending district" includes any school district that a student in a particular district of residence is required by law to attend. The one-year requirement shall not apply to a student enrolling in preschool or kindergarten in the choice district, if that student has a sibling enrolled in the choice district. Openings in a designated school of a choice district shall be on a space-available basis, and if more applications are received for a designated school than there are spaces available, a lottery shall be held to determine the selection of students. Preference for enrollment may be given to siblings of students who are enrolled in a designated school.

If there is an opening in a designated school of a choice district and there is no student who is enrolled in a sending district who meets the attendance requirements of this subsection, including a student who has been placed on a waiting list based on a lottery held in the choice district, then the choice district may fill that opening with a public school student who does not meet the attendance requirements of this subsection or a nonpublic school student.

b. A choice district may evaluate a prospective student on the student's interest in the program offered by a designated school. The district shall not discriminate in its admission policies or practices on the basis of athletic ability, intellectual aptitude, English language proficiency, status as a person with a disability, or any basis prohibited by State or federal law.

c. A choice district shall not prohibit the enrollment of a student based upon a determination that the additional cost of educating the student would exceed the amount of additional State aid received as a result of the student's enrollment. A choice district may reject the application for enrollment of a student who has been classified as eligible for special education services pursuant to chapter 46 of Title 18A of the New Jersey Statutes if that student's individualized education program could not be implemented in the district, or if the enrollment of that student would require the district to fundamentally alter the nature of its educational program, or would create an undue financial or administrative burden on the district.

d. A student whose application is rejected by a choice district shall be provided with a reason for the rejection in the letter of notice. The appeal of a rejection notice may be made to the commissioner.

e. Once a student is enrolled in a designated school, the student shall not be required to reapply each school year for enrollment in any designated school of the choice district and shall continue to be permitted to be enrolled until graduation. A student shall be permitted to transfer back to a school of the sending district or may apply to a different choice district during the next application period.

f. A choice district shall accept all of the credits earned toward graduation by a student in the schools of the sending district.

g. A choice district shall notify a sending district upon the enrollment of a choice student resident in that district.

##### **§ 18A:36B-21** Enrollment restrictions. {#sec-18a-36b-21 omnilex-key=us-nj-statutes--title-18a--18A:36B-21}

8. a. (1) The school board of a sending district may adopt a resolution to restrict enrollment of its students in a choice district to a maximum of 10% of the number of students per grade level per year limited by any resolution adopted pursuant to this paragraph and 15% of the total number of students enrolled in the sending district, provided that the resolution shall be subject to approval by the commissioner upon a determination that the resolution is in the best interest of the district's students and that it will not adversely affect the district's programs, services, operations, or fiscal conditions, and that the resolution will not adversely affect or limit the diversity of the remainder of the student population in the district who do not participate in the choice program.

(2) Enrollment restriction percentages adopted by any resolution pursuant to paragraph (1) of this subsection shall not be compounded from year to year and shall be based upon the enrollment counts for the year preceding the sending district's initial year of participation in the choice program, except that in any year of the program in which there is an increase in enrollment, the percentage enrollment restriction may be applied to the increase and the result added to the preceding year's count of students eligible to attend a choice district. If there is a decrease in enrollment at any time during the duration of the program, the number of students eligible to attend a choice district shall be the number of students enrolled in the choice program in the initial year of the district's participation in the program, provided that a student attending a choice district school shall be entitled to remain enrolled in that school until graduation.

(3) The calculation of the enrollment of a sending district shall be based on the enrollment count as reported on the Application for State School Aid in October preceding the school year during which the restriction on enrollment shall be applicable.

b. A choice district shall not be eligible to enroll students on a tuition basis pursuant to N.J.S.18A:38-3 while participating in the interdistrict public school choice program. Any student enrolled on a tuition basis prior to the establishment of the choice program shall be entitled to remain enrolled in the choice district as a choice student.

##### **§ 18A:36B-22** Provision of transportation, aid in-lieu-of transportation. {#sec-18a-36b-22 omnilex-key=us-nj-statutes--title-18a--18A:36B-22}

9. a. Transportation, or aid in-lieu-of transportation, shall be provided to an elementary school pupil who lives more than two miles from the choice district school of attendance and to a secondary school pupil who lives more than two and one-half miles from the choice district school of attendance, provided the choice district school is not more than 20 miles from the residence of the pupil. Transportation, or aid in-lieu-of transportation, shall be the responsibility of the sending district. The choice district and the sending district may enter into a shared service agreement in accordance with the "Uniform Shared Services and Consolidation Act," sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35).

b. Notwithstanding the provisions of section 20 of P.L.2007, c.260 (C.18A:7F-62) to the contrary, the sending district shall receive State aid for transportation calculated pursuant to section 15 of P.L.2007, c.260 (C.18A:7F-57) for a student transported or receiving aid-in-lieu-of transportation pursuant to subsection a. of this section.

##### **§ 18A:36B-23** Parent information center. {#sec-18a-36b-23 omnilex-key=us-nj-statutes--title-18a--18A:36B-23}

10. A choice district shall establish and maintain a parent information center. The center shall collect and disseminate information about participating programs and schools and shall assist parents and guardians in submitting applications for enrollment of students in an appropriate program and school. The information about participating programs and schools shall be posted on the choice district's website.

##### **§ 18A:36B-24** Annual report. {#sec-18a-36b-24 omnilex-key=us-nj-statutes--title-18a--18A:36B-24}

11. The commissioner shall annually report to the State Board of Education, the Legislature, and the Joint Committee on the Public Schools on the effectiveness of the interdistrict public school choice program. The commissioner's annual report shall be posted on the Department of Education's website and on the website of each choice district.

## **Chapter 36C** {#struct-chapter-36c}

##### **§ 18A:36C-1** Short title. {#sec-18a-36c-1 omnilex-key=us-nj-statutes--title-18a--18A:36C-1}

1. This act shall be known and may be cited as the "Urban Hope Act."

##### **§ 18A:36C-2** Findings, declarations relative to the "Urban Hope Act." {#sec-18a-36c-2 omnilex-key=us-nj-statutes--title-18a--18A:36C-2}

2. The Legislature finds and declares that:

a. Maintaining a thorough and efficient public school system is among the Legislature's most important responsibilities;

b. Although New Jersey's per pupil public school expenditures are among the highest in the nation, many of the State's students are failing to achieve the core curriculum content standards;

c. Many of those students are confined to a number of persistently failing school districts and schools that, year after year, have been unable to convert increased State aid and other resources into improved student achievement, higher graduation rates, or greater student readiness for postsecondary education and gainful employment;

d. For those school districts and schools, it is necessary to provide local boards of education, parents, students, and teachers with more and better options for addressing their failing schools; and

e. One such option is to allow a small number of school districts with high concentrations of at-risk students to, on a limited pilot program basis, partner with one or more nonprofit entities to create "renaissance schools." While creation of these schools is voluntary, it is the hope of the Legislature that the districts will find suitable nonprofit partners and establish one or more renaissance schools dedicated to providing New Jersey's students with the educators, facilities, and resources to prepare them for college and career.

##### **§ 18A:36C-3** Definitions relative to the "Urban Hope Act." {#sec-18a-36c-3 omnilex-key=us-nj-statutes--title-18a--18A:36C-3}

3. As used in this act:

"Commissioner" means the Commissioner of Education.

"Failing district" means: in accordance with data from the Statewide assessment reports issued by the Department of Education (1) in the case of a school district located in a city of the first class, a school district in which at least 40% of the students scored in the partially proficient range in the language arts and mathematics sections of each State assessment administered in the 2009-2010 school year; and (2) in the case of a school district located in a city of the second class, a school district in which at least 45% of the students scored in the partially proficient range in the language arts and mathematics sections of each State assessment administered in the 2009-2010 school year.

"Per pupil expenditure" means the sum of the budget year equalization aid per pupil, budget year adjustment aid per pupil, and the prebudget year general fund tax levy per pupil inflated by the CPI rate most recent to the calculation.

"School facility" means and includes any structure, building, or facility used wholly or in part for educational purposes by the students of a school district.

"Renaissance school district" is a failing district in which renaissance school projects shall be established.

"Renaissance school project" means a newly-constructed school, or group of schools in an urban campus area, that provides an educational program for students enrolled in grades pre-K through 12 or in a grade range less than pre-K through 12, that is agreed to by the school district, and is operated and managed by a nonprofit entity in a renaissance school district. A school or group of schools may include existing facilities that have undergone substantial reconstruction by the renaissance school project applicant. A substantial reconstruction shall: meet all applicable building codes; comply with the Uniform Construction Code enhancements where the health and safety of the building occupants are affected; comply with all "Americans with Disabilities Act of 1990" regulations outlined in the New Jersey Barrier Free Subcode at N.J.A.C.5:23-7 et seq.; and comply with the Uniform Construction Code and other applicable State and federal laws for radon, lead, asbestos, and other contaminants and be subject to the enforcement of such standards by the applicable State or federal agency. The first facility of a renaissance school project shall be a newly-constructed school facility which is designed to house, upon completion, at least 20 percent of the total number of students to be enrolled in the renaissance school project. A renaissance school project may include a dormitory and related facilities as permitted pursuant to section 5 of P.L.2011, c.176 (C.18A:36C-5).

"Urban campus area" means the area within a 1.5-mile radius of the site of the initial school of a renaissance school project, except that a high school building which is part of the renaissance school project may be located within a two-mile radius of the site of the initial school of a renaissance school project.

##### **§ 18A:36C-4** Application to create renaissance school district. {#sec-18a-36c-4 omnilex-key=us-nj-statutes--title-18a--18A:36C-4}

4. a. A nonprofit entity, in partnership with the renaissance school district, may submit to the commissioner an application to create a renaissance school project no later than three years following the effective date of P.L.2011, c.176 (C.18A:36C-1 et seq.); except that in the case of a project to be located in a renaissance school district which is in a municipality that is subject to the "Municipal Rehabilitation and Economic Recovery Act," P.L.2002, c.43 (C.52:27BBB-1 et al.), the application must be submitted no later than four years following the effective date of P.L.2011, c.176 (C.18A:36C-1 et seq.). A nonprofit entity seeking to create a renaissance school project shall have experience in operating a school in a high-risk, low-income urban district. In addition, an entity retained by the nonprofit entity for the purpose of financing or constructing the renaissance school project shall also have appropriate experience.

b. The application shall be in a form prescribed by the commissioner, but at a minimum it shall contain the following:

(1) except as otherwise provided in this paragraph, a resolution adopted in a public meeting by the board of education of the renaissance school district in which the renaissance school project will be located certifying the support of the board for the application. In the case of a district under full or partial State intervention with an advisory board of education, the application shall contain evidence that that State district superintendent or superintendent, as applicable, convened at least three public meetings to discuss the merits of the renaissance school project. The evidence shall include, at a minimum, any written public comments received during those meetings. In the case of these districts, the application shall contain a resolution from the advisory board of education reflecting the board's approval or disapproval of the renaissance school project. While a successful application does not require approval from the advisory board of education, the commissioner, in considering the application, shall give due consideration to any disapproval from the advisory board;

(2) a copy of the amendment to the renaissance school district's long-range facilities plan which has been submitted to the commissioner pursuant to section 4 of P.L.2000, c.72 (C.18A:7G-4) that includes the proposed renaissance school project;

(3) the educational goals of the renaissance school project, the curriculum to be offered, and the methods of assessing whether students are meeting the proffered educational goals;

(4) any testing and academic performance standards to be mandated by the renaissance school project beyond those required by State law and regulation;

(5) the admission policy and criteria for evaluating the admission of students to the renaissance school project, which shall comply with the provisions of section 8 of this act;

(6) the age or grade range of students to be enrolled in the renaissance school project;

(7) the total number of students to be enrolled in each grade level of the renaissance school project;

(8) the renaissance school project calendar and school day schedule;

(9) the financial plan for the renaissance school project and the provisions that will be made for auditing pursuant to N.J.S.18A:23-1;

(10) a description of, and address for, the initial school facility in which the renaissance school project will be located and an affirmation that any other school facility or facilities in which the renaissance school project will be located will be in the required urban campus area. For any school facility other than the initial school facility included in the application pursuant to this paragraph, the nonprofit entity shall notify the Commissioner of Education of the location of the facility at least one year prior to the opening of the facility;

(11) documentation that the proposed renaissance school project meets school facility regulations promulgated by the State Board of Education pertaining to the health and safety of the pupils;

(12) documentation of a funding plan to acquire necessary lands and to construct a renaissance school project thereon, including the terms of any financing secured for such purpose;

(13) (Deleted by amendment, P.L.2013, c.149)

(14) identification of the attendance area of the renaissance school project, if the renaissance school project will not be built on land owned by the New Jersey Schools Development Authority or the renaissance school district;

(15) a description of the process employed by the renaissance school district to find and partner with the chosen nonprofit entity to create a renaissance school project. The description shall be sufficient to show that the process employed by the renaissance school district was open, fair, and subject to public input and comment. The description shall, at a minimum, include any requests for proposals issued by the renaissance school district, the number of responses received, and the process and criteria employed by the renaissance school district to select the chosen nonprofit entity among the respondents; and

(16) such other information as the commissioner may require.

##### **§ 18A:36C-5** Limitation of renaissance projects per district, review of applications. {#sec-18a-36c-5 omnilex-key=us-nj-statutes--title-18a--18A:36C-5}

5. The commissioner may not approve more than four renaissance school projects in any one renaissance school district. The commissioner may approve no more than one renaissance school project with a dormitory and related facilities in any one renaissance school district. Nothing in this act shall prohibit a renaissance school project that provides an educational program for a grade range less than pre-K through 12 from expanding grade levels after the approval by the commissioner of the initial application.

In reviewing and judging applications for renaissance school projects, the factors considered by the commissioner may include, but not be limited to:

a. The likelihood that the renaissance school project will improve academic achievement in the renaissance school district;

b. The strength of the support for the renaissance school project from the school district, board of education, and parents;

c. The facilities plan for the renaissance school project;

d. Diversity of school type, elementary school, middle school, and high school, among the proposed renaissance school projects; and

e. Any other factors deemed significant by the commissioner.

##### **§ 18A:36C-6** Contract, filing of organizational document. {#sec-18a-36c-6 omnilex-key=us-nj-statutes--title-18a--18A:36C-6}

6. a. The nonprofit entity and the renaissance school district in which the renaissance school project will be located shall enter into a contract setting forth the terms and conditions for the renaissance school project including, but not limited to, the operation, management, and funding of the renaissance school project. The contract shall be submitted to the commissioner for approval.

b. The nonprofit entity shall file with the commissioner an organizational document for the renaissance school project setting forth: the name of the renaissance school project, the grade levels of the school, the location of the school, and the total enrollment of the school; the mission statement for the renaissance school project; the curriculum for the renaissance school project; the length of the renaissance school project school day and school year; and such other information as the commissioner may require.

##### **§ 18A:36C-7** Renaissance schools considered public schools. {#sec-18a-36c-7 omnilex-key=us-nj-statutes--title-18a--18A:36C-7}

7. a. Notwithstanding that a renaissance school project shall be constructed, controlled, operated, and managed by a nonprofit entity, and not the local board of education, it shall be a public school. However nothing contained herein shall restrict a for-profit entity from constructing a renaissance school project, or a renaissance school project from being located on land owned by a for-profit entity. Further, the renaissance school project shall be authorized to retain any business entity, however formed, whose primary purpose is the staffing, operation, and management of elementary schools, middle schools, or high schools in the United States, except as it relates to instructional services.

b. The costs of a renaissance school project including, but not limited to, the costs of land acquisition, site remediation, site development, design, construction, and any other costs required to place into service the school facility or facilities constituting the renaissance school project shall be at the sole expense of the nonprofit entity. The nonprofit entity may use State funds to pay for a lease, debt service, or mortgage for any facility constructed or otherwise acquired.

c. Notwithstanding the provisions of the "Educational Facilities Construction and Financing Act," P.L.2000, c.72 (C.18A:7G-1 et al.), or any other law or regulation to the contrary, there shall be no State share for the costs of a renaissance school project.

d. Notwithstanding the provisions of the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., or any other law or regulation to the contrary, the nonprofit entity or any entity acting in cooperation with a renaissance school project shall not be subject to public bidding for goods and services, and any contracts entered into by the nonprofit entity shall not be deemed public contracts or public works; except that any contract entered into by the nonprofit entity or any entity acting in cooperation with a renaissance school project shall be deemed a public work for the purposes of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), and subject to the applicable provisions of that act.

e. The renaissance school district in which a renaissance school project is located shall pay to the nonprofit entity in 12 equal monthly installments an amount per pupil equal to 95% of the district's per pupil expenditure. In addition the 12 monthly installments shall include the security categorical aid attributable to the student, a percentage of the district's special education categorical aid equal to the percentage of the district's special education students enrolled in the renaissance school project, and if applicable 100% of preschool education aid. The district shall also pay directly to the renaissance school project any federal funds attributable to the student.

f. Renaissance school projects shall be required to meet the same testing and academic performance standards established by law and regulation for public school students, and shall meet any additional testing and academic performance standards established by the nonprofit entity and approved by the commissioner.

g. The nonprofit entity shall have complete discretion in naming the renaissance school project. The nonprofit entity may not realize a net profit from its operation of a renaissance school project. A private or parochial school shall not be eligible for renaissance school project status.

h. A nonprofit entity shall operate a renaissance school project in accordance with the contract entered into pursuant to section 6 of this act, the provisions of this act, and the laws and regulations that govern charter schools which are not inconsistent with this act.

##### **§ 18A:36C-7.1** Funding for temporary facility. {#sec-18a-36c-7.1 omnilex-key=us-nj-statutes--title-18a--18A:36C-7.1}

5. Notwithstanding the provisions of subsection e. of section 7 of P.L.2011, c.176 (C.18A:36C-7) to the contrary, if after approval, a renaissance school project is located in a temporary facility pending completion of the newly constructed facility or substantially reconstructed facility, the renaissance school project shall be funded pursuant to subsection b. of section 12 of P.L.1995, c.426 (C.18A:36A-12) until it has obtained final site plan approval for the newly constructed facility or begun construction on the facility to be substantially reconstructed, provided that a renaissance school project shall not be located in a temporary facility for more than three years.

##### **§ 18A:36C-8** Enrollment to renaissance school. {#sec-18a-36c-8 omnilex-key=us-nj-statutes--title-18a--18A:36C-8}

8. a. (1) In the case of a renaissance school project built on land owned by the New Jersey Schools Development Authority or the renaissance school district, students residing in the attendance area established by the renaissance school district for that property shall be automatically enrolled in the renaissance school project, except as otherwise provided in paragraph (2) of this subsection. The parent or guardian of the student may determine not to enroll the student in the renaissance school project, and in that case the student shall be eligible for enrollment in another school in the renaissance school district. If spaces remain available in the renaissance school project, students shall be selected for the remaining spaces through a lottery system. The first lottery shall include students who reside in the renaissance school district but outside the attendance area of the renaissance school. If space remains available, a second lottery shall be conducted that may include students who reside outside of the renaissance school district.

(2) A renaissance school project built on land owned by the New Jersey Schools Development Authority or the renaissance school district, shall allow any student who was enrolled in the renaissance school project in the immediately preceding school year to enroll in the renaissance school project in the appropriate grade unless the appropriate grade is not offered; and if a grade is at capacity, a student enrolled in the immediately preceding school year shall have priority for enrollment in that grade over a student who would otherwise be eligible for initial enrollment in the renaissance school project automatically based on the fact that he resides in the attendance area established by the renaissance school project for that property.

b. (1) In the case of a renaissance school project which is not built on land owned by the New Jersey Schools Development Authority or the renaissance school district, preference for enrollment in the renaissance school project shall be given to students who reside in the attendance area identified in the application submitted by the nonprofit entity and approved by the commissioner for the renaissance school project. In no case may an attendance area include an area outside of the renaissance school district. If spaces remain available in the renaissance school project, then the renaissance school project may select students for the remaining spaces through a lottery system. The first lottery shall include students who reside in the renaissance school district but outside the attendance area identified in the application approved by the commissioner for the renaissance school project. If space remains available, a second lottery shall be conducted that may include students who reside outside of the renaissance school district.

(2) A renaissance school project which is not built on land owned by the New Jersey Schools Development Authority or the renaissance school district shall allow any student who was enrolled in the renaissance school project in the immediately preceding school year to enroll in the renaissance school project in the appropriate grade unless the appropriate grade is not offered.

In developing and executing its selection process, the nonprofit entity shall not discriminate on the basis of intellectual or athletic ability, measures of achievement or aptitude, status as a person with a disability, proficiency in the English language, or any other basis that would be illegal if used by a school district. A nonprofit entity may, however, limit admission to a particular grade level or levels consistent with its organizational document.

##### **§ 18A:36C-9** Employees of renaissance school project. {#sec-18a-36c-9 omnilex-key=us-nj-statutes--title-18a--18A:36C-9}

9. a. The employees of a renaissance school project shall not be deemed to be members of the bargaining unit of the renaissance school district.

b. In hiring its employees for a renaissance school project, a nonprofit entity shall be subject to the provisions of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.). A nonprofit entity shall not set a teacher salary lower than the minimum teacher salary specified pursuant to section 7 of P.L.1985, c.321 (C.18A:29-5.6).

c. All principals, administrators, classroom teachers, and professional support staff hired by a nonprofit entity to work in a renaissance school project shall hold appropriate New Jersey certifications and shall possess all the tenure rights as employees of a board of education of a school district as provided in Title 18A and other laws and regulations.

##### **§ 18A:36C-10** Authorization of renaissance school project, renewal. {#sec-18a-36c-10 omnilex-key=us-nj-statutes--title-18a--18A:36C-10}

10. a. The renaissance school project shall be authorized for 10 years from the date of opening, subject to periodic reviews by the commissioner. The renaissance school project shall be automatically renewed for additional five-year periods provided there is not a breach of the agreement that outlines the terms and conditions of the renaissance school project.

Every ten years, the commissioner shall conduct a comprehensive review of the renaissance school project prior to granting a renewal. Renewal at these 10-year intervals shall be presumed provided there is not a breach of the agreement that outlines the terms and conditions of the renaissance school project and the renaissance school project's average percent of students proficient on the New Jersey Assessment of Skills and Knowledge, if the school includes any grades from three to eight, or on the New Jersey High School Proficiency Assessment, if the school includes grades 11 and 12, exceed the average percent of students proficient for the renaissance school district in which it is located in like grades by 15 percent or more in language arts literacy, mathematics, or both after five years, and 25 percent or more in language arts literacy, mathematics, or both after ten years, or achieves the State-level proficiency standards during that period.

b. The commissioner shall periodically assess whether each renaissance school project is meeting its goals and improving student achievement. In order to facilitate the commissioner's review, each renaissance school project shall submit an annual report to the commissioner in the form prescribed by the commissioner. The report shall be received annually by August 1 and shall be made publicly available immediately thereafter, including on the Department of Education's website.

c. The commissioner shall have on-going access to the records and facilities of the renaissance school project and the nonprofit entity to ensure that the renaissance school project is in compliance with its organizational document and with State laws and regulations.

d. Five years following the date of the opening of the third renaissance school project, or ten years after the opening of the first renaissance school project, whichever occurs first, a review of the efficacy of the program shall be conducted by an independent education researcher or research organization selected by the commissioner. The independent review shall be funded by the Department of Education. The review shall include interviews with staff, parents, and resident district representatives, and a fiscal and educational assessment. The commissioner shall report the results of the review to the Governor, the State Board of Education, and to the Legislature as provided pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and, in addition, the Governor shall report on the efficacy of the renaissance school projects in educating students and whether additional renaissance school districts should be authorized and, if so, how many. The commissioner shall also recommend any changes to this act deemed appropriate based on experience with the renaissance school projects and the independent review.

##### **§ 18A:36C-11** Conveyance of land by authority to renaissance school project. {#sec-18a-36c-11 omnilex-key=us-nj-statutes--title-18a--18A:36C-11}

11. a. Notwithstanding the provisions of the "Educational Facilities Construction and Financing Act," P.L.2000, c.72 (C.18A:7G-1 et al.), or any other law or regulation to the contrary, when an entity seeks to build a renaissance school project on land owned by the New Jersey Schools Development Authority, the authority may convey the land by ground lease or fee simple title to either the renaissance school district or the entity if the authority determines conveyance to be in the best interests of the State, provided that such conveyance, whether by ground lease or fee simple title shall (1) contain a restriction that the land be used solely for a school or it shall revert to the authority; and (2) be for such consideration and on such terms as the authority determines to be in the best interests of the State.

b. Notwithstanding any other law to the contrary, in the event of a conveyance by the authority to a renaissance school district pursuant to this section, the renaissance school district is authorized to enter into a sub-lease of the property to the entity as required to effectuate the renaissance school project. The sub-lease shall be submitted to the commissioner for his review and approval. The sub-lease shall contain a restriction that the land be used solely for the renaissance school project or it shall revert to the school district.

##### **§ 18A:36C-12** Conveyance of land by board of education to renaissance school project. {#sec-18a-36c-12 omnilex-key=us-nj-statutes--title-18a--18A:36C-12}

12. Whenever any board of education shall by resolution determine that any tract of land is no longer desirable or necessary for school purposes it may authorize the conveyance thereof, for a nominal consideration, to a renaissance school project established pursuant to P.L.2011, c.176 (C.18A:36C-1 et seq.). The president and secretary of the board shall be authorized to execute and deliver a conveyance for the same in the name and under the seal of the board, which conveyance shall be subject to a condition providing that the land shall be used by the renaissance school project for school purposes, and in the event that the property shall cease to be used for those purposes, the property shall thereupon revert to and the title thereof shall vest in the board of education making the conveyance thereof hereunder.

##### **§ 18A:36C-13** Regulations. {#sec-18a-36c-13 omnilex-key=us-nj-statutes--title-18a--18A:36C-13}

13. The Commissioner of Education, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) shall adopt regulations to effectuate the purposes of this act; except that, notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the commissioner may adopt, immediately upon filing with the Office of Administrative Law, such regulations as the commissioner deems necessary to implement the provisions of this act, which regulations shall be effective for a period not to exceed 12 months and may, thereafter, be amended, adopted, or readopted by the commissioner in accordance with the requirements of P.L.1968, c.410 (C.52:14B-1 et seq.).

##### **§ 18A:36C-14** Compliance concerning students with disabilities. {#sec-18a-36c-14 omnilex-key=us-nj-statutes--title-18a--18A:36C-14}

5. A renaissance school project shall comply with the provisions of chapter 46 of Title 18A of the New Jersey Statutes concerning the provision of services to students with disabilities; except that the fiscal responsibility for any student currently enrolled in or determined to require a private day or residential school shall remain with the district of residence.

Within 15 days of the signing of the individualized education plan, a renaissance school project shall provide notice to the resident district of any individualized education plan which results in a private day or residential placement. The resident district may challenge the placement within 30 days in accordance with the procedures established by law.

##### **§ 18A:36C-15** Local education agency designation for application for certain funds. {#sec-18a-36c-15 omnilex-key=us-nj-statutes--title-18a--18A:36C-15}

6. A renaissance school project shall be a local education agency only for the purpose of applying for federal entitlement and discretionary funds.

##### **§ 18A:36C-16** Title to project to revert to board of education under certain circumstances. {#sec-18a-36c-16 omnilex-key=us-nj-statutes--title-18a--18A:36C-16}

7. In the event the authorization to operate a renaissance school project is terminated or expires for any reason, and no substitute or replacement owner or operator for that renaissance school project has been approved by the State prior to the termination or expiration date, title to the renaissance school project shall revert to the board of education of the renaissance school district for consideration in an amount calculated as follows:

(1) if the principal of and interest due on any outstanding debt used to finance the renaissance school project is equal to or greater than the fair market value of the renaissance school project, as determined by a certified appraiser agreed to by the renaissance school district and the owner of the renaissance school project, the renaissance school district shall assume any outstanding debt used to finance the renaissance school project, and thereafter the renaissance school district shall be legally obligated for the payment thereof; or

(2) if the fair market value of the renaissance school project is greater than the amount of the principal of and interest due on the outstanding debt used to finance the renaissance school project, the renaissance school district shall pay to the owner of the renaissance school project the fair market value of the renaissance school project, provided that, to the extent that any debt used to finance the renaissance school project is then outstanding, the owner of the renaissance school project shall utilize the funds received from the renaissance school district pursuant to this paragraph to retire the outstanding debt.

##### **§ 18A:36C-17** Authorization to enter into certain agreements. {#sec-18a-36c-17 omnilex-key=us-nj-statutes--title-18a--18A:36C-17}

8. Notwithstanding any law, rule, or regulation to the contrary, a renaissance school district is authorized to enter into an agreement with an owner or operator of a renaissance school project for the occupancy, use, or both, of all or a portion of the school facility constituting the renaissance school project which is not immediately necessary for the operation of the renaissance school project.

##### **§ 18A:36C-18** Establishment of residency. {#sec-18a-36c-18 omnilex-key=us-nj-statutes--title-18a--18A:36C-18}

9. Notwithstanding the provisions of R.S.52:14-7 or any other law, rule, or regulation to the contrary, the Commissioner of Education may permit an individual employed by any renaissance school project or charter school located within a renaissance school district to establish New Jersey residency within five years of the date of his initial employment.

##### **§ 18A:36C-19** Exemption from certain facility efficiency standards. {#sec-18a-36c-19 omnilex-key=us-nj-statutes--title-18a--18A:36C-19}

10. Notwithstanding the provisions of any law, rule, or regulation to the contrary, a renaissance school project shall not be subject to the facility efficiency standards developed by the Commissioner of Education pursuant to subsection h. of section 4 of P.L.2000, c. 72 (C.18A:7G-4) or any other public school facility regulations, except those pertaining to the health and safety of the pupils.

## **Chapter 37** {#struct-chapter-37}

##### **§ 18A:37-1** Submission of pupils to authority {#sec-18a-37-1 omnilex-key=us-nj-statutes--title-18a--18A:37-1}

Pupils in the public schools shall comply with the rules established in pursuance of law for the government of such schools, pursue the prescribed course of study and submit to the authority of the teachers and others in authority over them.

##### **§ 18A:37-2** Causes for suspension, expulsion of pupils. {#sec-18a-37-2 omnilex-key=us-nj-statutes--title-18a--18A:37-2}

Any pupil who is guilty of continued and willful disobedience, or of open defiance of the authority of any teacher or person having authority over him, or of the habitual use of profanity or of obscene language, or who shall cut, deface or otherwise injure any school property, shall be liable to punishment and to suspension or expulsion from school.

Conduct which shall constitute good cause for suspension or expulsion of a pupil guilty of such conduct shall include, but not be limited to, any of the following:

a. Continued and willful disobedience;

b. Open defiance of the authority of any teacher or person, having authority over him;

c. Conduct of such character as to constitute a continuing danger to the physical well-being of other pupils;

d. Physical assault upon another pupil;

e. Taking, or attempting to take, personal property or money from another pupil, or from his presence, by means of force or fear;

f. Willfully causing, or attempting to cause, substantial damage to school property;

g. Participation in an unauthorized occupancy by any group of pupils or others of any part of any school or other building owned by any school district, and failure to leave such school or other facility promptly after having been directed to do so by the principal or other person then in charge of such building or facility;

h. Incitement which is intended to and does result in unauthorized occupation by any group of pupils or others of any part of a school or other facility owned by any school district;

i. Incitement which is intended to and does result in truancy by other pupils;

j. Knowing possession or knowing consumption without legal authority of alcoholic beverages or controlled dangerous substances on school premises, or being under the influence of intoxicating liquor or controlled dangerous substances while on school premises; and

k. Harassment, intimidation, or bullying.

##### **§ 18A:37-2a** Conditions for suspension, expulsion of certain students. {#sec-18a-37-2a omnilex-key=us-nj-statutes--title-18a--18A:37-2a}

1. a. Notwithstanding the provisions of N.J.S.18A:37-2 or any other provision of law to the contrary, a student who is enrolled in grades kindergarten through two in a school district or charter school shall not be expelled from school, except as provided pursuant to the "Zero Tolerance for Guns Act," P.L.1995, c.127 (C.18A:37-7 et seq.).

b. Notwithstanding the provisions of N.J.S.18A:37-2 or any other provision of law to the contrary, a student who is enrolled in grades kindergarten through two in a school district or charter school shall not receive an out-of-school suspension, except when the suspension is based on conduct that is of a violent or sexual nature that endangers others.

c. Notwithstanding the provisions of N.J.S.18A:37-2 or any other provision of law to the contrary, a student who is enrolled in preschool in a school district or charter school shall not be suspended, and shall not be expelled from school, except as provided pursuant to the "Zero Tolerance for Guns Act," P.L.1995, c.127 (C.18A:37-7 et seq.).

##### **§ 18A:37-2b** Early detection and prevention program. {#sec-18a-37-2b omnilex-key=us-nj-statutes--title-18a--18A:37-2b}

2. A school district or charter school shall implement an early detection and prevention program to: identify students in preschool through grade two who are experiencing behavioral or disciplinary problems; and provide behavioral supports for these students, which may include, but need not be limited to, remediation of problem behaviors, positive reinforcements, supportive interventions, and referral services. An early detection and prevention program may be incorporated into the intervention and referral services required to be established in each school pursuant to State Board of Education regulations.

##### **§ 18A:37-2c** Meeting relative to suspension, expulsion of student. {#sec-18a-37-2c omnilex-key=us-nj-statutes--title-18a--18A:37-2c}

1. a. In the event a student has experienced multiple suspensions or may be subject to a proposed expulsion from public school, the principal shall convene a meeting, as soon as practicable, between the student and a school psychologist, a school counselor, a school social worker, a student assistance coordinator, or a member of the school's intervention and referral services team. The principal may convene such a meeting, if after the student has been suspended for the first time, the principal upon evaluation deems such a meeting appropriate. The purpose of the meeting shall be to identify any behavior or health difficulties experienced by the student and, where appropriate, to provide supportive interventions or referrals to school or community resources that may assist the student in addressing the identified difficulties.

b. The Department of Education, in consultation with the Department of Health, shall make available to school districts a list of current resources that may be of assistance as referral services for students under subsection a. of this section. The resources may include, but need not be limited to, the New Jersey MentalHealthCares information and referral service, and county or local programs that provide youth services for mental health or substance use disorder.

c. The requirements of subsection a. of this section shall not apply when a student's immediate removal or suspension from the school's regular education program is required pursuant to the provisions of the "Zero Tolerance for Guns Act," P.L.1995, c.127 (C.18A:37-7 et seq.); section 2 of P.L.1979, c.189 (C.18A:37-2.1); or section 1 of P.L.1995, c.128 (C.18A:37-2.2); or in any other instance in which the safety and security of other students or school staff requires the student's immediate removal from school. In these instances, the meeting required pursuant to subsection a. of this section shall take place as soon as practicable following the student's removal from the school's regular education program.

d. The provisions of this section shall be construed in a manner consistent with the "Individuals with Disabilities Education Act," 20 U.S.C. s.1400 et seq.

e. The State Board of Education may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provision of this act.

##### **§ 18A:37-2.1** Suspension, expulsion of pupil for assault, appeal; report {#sec-18a-37-2.1 omnilex-key=us-nj-statutes--title-18a--18A:37-2.1}

2. a. Any pupil who commits an assault, as defined pursuant to N.J.S.2C:12-1, upon a teacher, administrator, board member or other employee of a board of education, acting in the performance of his duties and in a situation where his authority to so act is apparent, or as a result of the victim's relationship to an institution of public education of this State, not involving the use of a weapon or firearm, shall be immediately suspended from school consistent with procedural due process pending suspension or expulsion proceedings before the local board of education. Said proceedings shall take place no later than 30 calendar days following the day on which the pupil is suspended. The decision of the board shall be made within five days after the close of the hearing. Any appeal of the board's decision shall be made to the Commissioner of Education within 90 days of the board's decision. The provisions herein shall be construed in a manner consistent with 20 U.S.C. s.1400 et seq.

b. Whenever a teacher, administrator, board member, other employee of a board of education or a labor representative on behalf of an employee makes an allegation in writing that the board member or employee has been assaulted by a pupil, the principal shall file a written report of the alleged assault with the district's superintendent of schools. The superintendent to whom the alleged assault is reported or, if there is no superintendent in the district, the principal who received the allegation from the board member, employee, or labor representative shall report the alleged assault to the board of education of the district at its next regular meeting; provided that the name of the pupil who allegedly committed the assault, although it may be disclosed to the members of the board of education, shall be kept confidential at the public board of education meeting.

Any person who fails to file a report of an alleged assault as required pursuant to this subsection may be liable to disciplinary action by the board of education of the district.

##### **§ 18A:37-2.2** Offense by pupil involving assault, removal from school's regular education program {#sec-18a-37-2.2 omnilex-key=us-nj-statutes--title-18a--18A:37-2.2}

1. Any pupil who commits an assault upon a teacher, administrator, board member, other employee of a school board or another student, with a weapon, on any school property, on a school bus, or at a school-sponsored function shall be immediately removed from the school's regular education program pending a hearing before the local board of education.

For purposes of this section "assault" means those actions defined under subsection a.(1) of N.J.S.2C:12-1.

For purposes of this section "weapon" includes but is not limited to those items enumerated in subsection r. of N.J.S.2C:39-1, except a firearm as defined by N.J.S.2C:39-1f and 18 U.S.C. s.921.

Any student that is removed from the regular education program pursuant to this section shall be placed in an alternative education program. If placement in an alternative education program is not available, the pupil shall be provided home instruction or other suitable facilities and programs until placement is available. The provisions herein shall be construed in a manner consistent with 20 U.S.C. s.1400 et seq. Nothing herein shall be construed as prohibiting the expulsion of a pupil.

##### **§ 18A:37-2.3** Responsibility for removal, report {#sec-18a-37-2.3 omnilex-key=us-nj-statutes--title-18a--18A:37-2.3}

2. The principal or his or her designee shall be responsible for the removal of any pupil pursuant to section 1 of P.L.1995, c.128 (C.18A:37-2.2). The principal or his or her designee shall immediately report the removal of any pupil to the district's chief school administrator. The principal shall also notify the appropriate law enforcement agency of a possible violation of the New Jersey Code of Criminal Justice.

##### **§ 18A:37-2.4** Hearing {#sec-18a-37-2.4 omnilex-key=us-nj-statutes--title-18a--18A:37-2.4}

3. a. Any pupil removed pursuant to section 1 of P.L.1995, c.128 (C.18A:37-2.2) shall be entitled to a hearing before the local board of education to determine if the pupil is guilty of committing an assault upon a teacher, administrator, board member, other employee of a school board or another student, with a weapon, on any school property, on a school bus, or at a school-sponsored function. If it is found that the pupil is not guilty of the offense the pupil shall be immediately returned to the regular education program.

b. The hearing shall take place no longer than 30 days following the day the pupil is removed from the regular education program. The hearing is not subject to the provisions of the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.).

c. The decision of the board shall be made within five days after the close of the hearing. Any appeal of the board's decision shall be made to the Commissioner of Education within 90 days of the board's decision.

##### **§ 18A:37-2.5** Determination of pupil's preparedness to return {#sec-18a-37-2.5 omnilex-key=us-nj-statutes--title-18a--18A:37-2.5}

4. The chief school administrator shall determine when the pupil is prepared to return to the regular education program in accordance with procedures to be established by the Commissioner of Education.

##### **§ 18A:37-3** Liability of parents or guardian of minor for damage to property {#sec-18a-37-3 omnilex-key=us-nj-statutes--title-18a--18A:37-3}

The parents or guardian of any minor who shall injure any public or nonpublic school property shall be liable for damages for the amount of injury to be collected by the board of education of the district or the owner of the premises in any court of competent jurisdiction, together with costs of suit.

##### **§ 18A:37-4** Suspension of pupils by teacher or principal {#sec-18a-37-4 omnilex-key=us-nj-statutes--title-18a--18A:37-4}

The teacher in a school having but one teacher or the principal in all other cases may suspend any pupil from school for good cause but such suspension shall be reported forthwith by the teacher or principal so doing to the superintendent of schools of the district if there be one. The superintendent to whom a suspension is reported or if there be no superintendent in the district, the teacher or principal suspending the pupil shall report the suspension to the board of education of the district at its next regular meeting. Such teacher, principal or superintendent may reinstate the pupil prior to the second regular meeting of the board of education of the district held after such suspension unless the board shall reinstate the pupil at such first regular meeting.

##### **§ 18A:37-5** Continuation of suspension; reinstatement or expulsion {#sec-18a-37-5 omnilex-key=us-nj-statutes--title-18a--18A:37-5}

No suspension of a pupil by a teacher or a principal shall be continued longer than the second regular meeting of the board of education of the district after such suspension unless the same is continued by action of the board, and the power to reinstate, continue any suspension reported to it or expel a pupil shall be vested in each board.

##### **§ 18A:37-6** Rules, regulations {#sec-18a-37-6 omnilex-key=us-nj-statutes--title-18a--18A:37-6}

6. The State Board of Education, in consultation and cooperation with the Attorney General, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) rules and regulations regarding law enforcement activities on school grounds and the reporting of suspected offenses and acts of delinquency to law enforcement.

##### **§ 18A:37-6.1** Strip, body cavity searches of pupil prohibited. {#sec-18a-37-6.1 omnilex-key=us-nj-statutes--title-18a--18A:37-6.1}

1. Any teaching staff member, principal or other educational personnel shall be prohibited from conducting any strip search or body cavity search of pupil under any circumstances.

##### **§ 18A:37-7** Short title {#sec-18a-37-7 omnilex-key=us-nj-statutes--title-18a--18A:37-7}

1. This act shall be known as the "Zero Tolerance for Guns Act."

##### **§ 18A:37-8** Offense by pupil involving firearm, removal from school's regular education program {#sec-18a-37-8 omnilex-key=us-nj-statutes--title-18a--18A:37-8}

2. Any pupil who is convicted or adjudicated delinquent for possession of a firearm or a crime while armed with a firearm or found knowingly in possession of a firearm on any school property, on a school bus, or at a school-sponsored function shall be immediately removed from the school's regular education program pending a hearing before the local board of education to remove the pupil from the regular education program for a period of not less than one calendar year subject to modification on a case-by-case basis by the chief school administrator.

For the purposes of this section "firearm" means those items enumerated in N.J.S.2C:39-1f and 18 U.S.C. s.921.

Any pupil that is removed from the regular education program pursuant to this section shall be placed in an alternative education program. If placement in an alternative education program is not available, the pupil shall be provided home instruction or other suitable facilities and programs until placement is available. The provisions herein shall be construed in a manner consistent with 20 U.S.C. s.1400 et seq. Nothing herein shall be construed as prohibiting the expulsion of a pupil.

##### **§ 18A:37-9** Responsibility for removal, report {#sec-18a-37-9 omnilex-key=us-nj-statutes--title-18a--18A:37-9}

3. The principal or his or her designee shall be responsible for the removal of any pupil pursuant to section 2 of P.L.1995, c.127 (C.18A:37-8). The principal or his or her designee shall immediately report the removal of any pupil to the district's chief school administrator. The district's chief school administrator may modify such removal of a pupil on a case-by-case basis. The principal shall also notify the appropriate law enforcement agency of a possible violation of the New Jersey Code of Criminal Justice.

##### **§ 18A:37-10** Hearing {#sec-18a-37-10 omnilex-key=us-nj-statutes--title-18a--18A:37-10}

4. a. Any pupil removed pursuant to section 2 of P.L.1995, c.127 (C.18A:37-8) shall be entitled to a hearing before the local board of education to determine if the pupil was convicted or adjudicated delinquent for possession of a firearm or a crime while armed with a firearm or is guilty of knowingly possessing a firearm on any school property, on a school bus or at a school-sponsored function. If it is found that the pupil is not guilty of these offenses the pupil shall be immediately returned to the regular education program.

b. The hearing shall take place no later than 30 days following the day the pupil is removed from the regular education program. The hearing is not subject to the provisions of the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.).

c. The decision of the board shall be made within five days after the close of the hearing. Any appeal of the board's decision shall be made to the Commissioner of Education within 90 days of the board's decision.

##### **§ 18A:37-11** Determination of pupil's preparedness to return {#sec-18a-37-11 omnilex-key=us-nj-statutes--title-18a--18A:37-11}

5. The chief school administrator shall determine whether the pupil is prepared to return to the regular education program or whether the pupil shall remain in an alternative education program, home instruction or other suitable facilities and programs, in accordance with procedures to be established by the Commissioner of Education.

##### **§ 18A:37-12** Nonapplicability of act {#sec-18a-37-12 omnilex-key=us-nj-statutes--title-18a--18A:37-12}

6. This act shall not apply to any pupil who has obtained the written authorization of the chief school administrator to lawfully possess a firearm while participating in a school-sponsored function. The chief school administrator shall not provide such authorization to any pupil who has been convicted or adjudicated delinquent for possession of a firearm or for a crime involving the use of a firearm.

##### **§ 18A:37-13** Findings, declarations relative to adoption of harassment and bullying prevention policies. {#sec-18a-37-13 omnilex-key=us-nj-statutes--title-18a--18A:37-13}

1. The Legislature finds and declares that: a safe and civil environment in school is necessary for students to learn and achieve high academic standards; harassment, intimidation or bullying, like other disruptive or violent behaviors, is conduct that disrupts both a student's ability to learn and a school's ability to educate its students in a safe environment; and since students learn by example, school administrators, faculty, staff, and volunteers should be commended for demonstrating appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment, intimidation or bullying.

##### **§ 18A:37-13.1** Findings, declarations relative to school bullying. {#sec-18a-37-13.1 omnilex-key=us-nj-statutes--title-18a--18A:37-13.1}

2. The Legislature finds and declares that:

a. A 2009 study by the United States Departments of Justice and Education, "Indicators of School Crime and Safety," reported that 32% of students aged 12 through 18 were bullied in the previous school year. The study reported that 25% of the responding public schools indicated that bullying was a daily or weekly problem;

b. A 2009 study by the United States Centers for Disease Control and Prevention, "Youth Risk Behavior Surveillance," reported that the percentage of students bullied in New Jersey is 1 percentage point higher than the national median;

c. In 2010, the chronic persistence of school bullying has led to student suicides across the country, including in New Jersey;

d. Significant research has emerged since New Jersey enacted its public school anti-bullying statute in 2002, and since the State amended that law in 2007 to include cyber-bullying and in 2008 to require each school district to post its anti-bullying policy on its website and distribute it annually to parents or guardians of students enrolled in the district;

e. School districts and their students, parents, teachers, principals, other school staff, and board of education members would benefit by the establishment of clearer standards on what constitutes harassment, intimidation, and bullying, and clearer standards on how to prevent, report, investigate, and respond to incidents of harassment, intimidation, and bullying;

f. It is the intent of the Legislature in enacting this legislation to strengthen the standards and procedures for preventing, reporting, investigating, and responding to incidents of harassment, intimidation, and bullying of students that occur in school and off school premises;

g. Fiscal responsibility requires New Jersey to take a smarter, clearer approach to fight school bullying by ensuring that existing resources are better managed and used to make our schools safer for students;

h. In keeping with the aforementioned goal of fiscal responsibility and in an effort to minimize any burden placed on schools and school districts, existing personnel and resources shall be utilized in every possible instance to accomplish the goals of increased prevention, reporting, and responsiveness to incidents of harassment, intimidation, or bullying, including in the appointment of school anti-bullying specialists and district anti-bullying coordinators;

i. By strengthening standards for preventing, reporting, investigating, and responding to incidents of bullying this act will help to reduce the risk of suicide among students and avert not only the needless loss of a young life, but also the tragedy that such loss represents to the student's family and the community at large; and

j. Harassment, intimidation, and bullying is also a problem which occurs on the campuses of institutions of higher education in this State, and by requiring the public institutions to include in their student codes of conduct a specific prohibition against bullying, this act will be a significant step in reducing incidents of such activity.

##### **§ 18A:37-13.2** Short title. {#sec-18a-37-13.2 omnilex-key=us-nj-statutes--title-18a--18A:37-13.2}

1. Sections 1, 2, and 16 through 30 of this act and P.L.2002, c.83 (C.18A:37-13 et seq.) shall be known and may be cited as the "Anti-Bullying Bill of Rights Act."

##### **§ 18A:37-14** Definitions relative to adoption of harassment and bullying prevention policies {#sec-18a-37-14 omnilex-key=us-nj-statutes--title-18a--18A:37-14}

2. As used in this act:

"Electronic communication" means a communication transmitted by means of an electronic device, including, but not limited to, a telephone, cellular phone, computer, or pager;

"Harassment, intimidation or bullying" means any gesture, any written, verbal or physical act, or any electronic communication, whether it be a single incident or a series of incidents, that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability, or by any other distinguishing characteristic, that takes place on school property, at any school-sponsored function, on a school bus, or off school grounds as provided for in section 16 of P.L.2010, c.122 (C.18A:37-15.3), that substantially disrupts or interferes with the orderly operation of the school or the rights of other students and that:

a. a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or damaging the student's property, or placing a student in reasonable fear of physical or emotional harm to his person or damage to his property;

b. has the effect of insulting or demeaning any student or group of students; or

c. creates a hostile educational environment for the student by interfering with a student's education or by severely or pervasively causing physical or emotional harm to the student.

##### **§ 18A:37-15** Adoption of policy concerning harassment, intimidating or bullying by each school district. {#sec-18a-37-15 omnilex-key=us-nj-statutes--title-18a--18A:37-15}

3. a. Each school district shall adopt a policy prohibiting harassment, intimidation or bullying on school property, at a school-sponsored function or on a school bus. The school district shall adopt the policy through a process that includes representation of parents or guardians, school employees, volunteers, students, administrators, and community representatives.

b. A school district shall have local control over the content of the policy, except that the policy shall contain, at a minimum, the following components:

(1) a statement prohibiting harassment, intimidation or bullying of a student;

(2) a definition of harassment, intimidation or bullying no less inclusive than that set forth in section 2 of P.L.2002, c.83 (C.18A:37-14);

(3) a description of the type of behavior expected from each student;

(4) consequences and appropriate remedial action for a person who commits an act of harassment, intimidation or bullying. The consequences for a student who commits an act of harassment, intimidation, or bullying may include: for the first act of harassment, intimidation, or bullying committed by a student, a copy of the results of the investigation shall be placed in the student's record and the student may be subject to remedial actions, including the provision of counseling or behavioral intervention services, or discipline, or both, as determined by the principal in consultation with appropriate school staff; for the second act, a copy of the results of the investigation shall be placed in the student's record and the student may be subject to remedial actions, including the provision of counseling or behavioral intervention services, or discipline, or both, as determined by the principal, in consultation with appropriate school staff; and for the third and each subsequent act, a copy of the results of the investigation shall be placed in the student's record, and the principal, in consultation with appropriate school staff, shall develop an individual student intervention plan which shall be approved by the superintendent of schools or the superintendent's designee, and may include remedial actions including counseling or behavioral intervention services, or progressive discipline, or both, and may require the student, accompanied by a parent or guardian, to complete in a satisfactory manner a class or training program to reduce harassment, intimidation or bullying behavior.

The superintendent of schools or the superintendent's designee and the principal shall consult law enforcement, as appropriate, pursuant to the provisions of the Uniform State Memorandum of Agreement Between Education and Law Enforcement Officials, if the student's behavior may constitute a possible violation of the New Jersey Code of Criminal Justice;

(5) a procedure for reporting an act of harassment, intimidation or bullying, including a provision that permits a person to report an act of harassment, intimidation or bullying anonymously; however, this shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report.

All acts of harassment, intimidation, or bullying shall be reported verbally to the school principal on the same day when the school employee or contracted service provider witnessed or received reliable information regarding any such incident. The principal shall inform the parents or guardians of all students involved in the alleged incident, and may discuss, as appropriate, the availability of counseling and other intervention services. The principal shall keep a written record of the date, time, and manner of notification to the parents or guardians. All acts of harassment, intimidation, or bullying shall be reported in writing to the school principal within two school days of when the school employee or contracted service provider witnessed or received reliable information that a student had been subject to harassment, intimidation, or bullying. The written report shall be on a numbered form developed by the Department of Education. A copy of the form shall be submitted promptly by the principal to the superintendent of schools. The form shall be completed even if a preliminary determination is made under the school district's policy that the reported incident or complaint is a report outside the scope of the definition of harassment, intimidation, or bullying pursuant to section 2 of P.L.2002, c.83 (C.18A:37-14), and shall be kept on file at the school but shall not be included in any student record, unless the incident results in disciplinary action or is otherwise required to be contained in a student's record under State or federal law. A redacted copy of the form that removes all student identification information shall be confidentially shared with the board of education after the conclusion of the investigation, if a hearing is requested by a parent or guardian pursuant to subparagraph (d) of paragraph (6) of this subsection.

The school district shall provide a means for a parent or guardian to complete an online numbered form developed by the Department of Education to confidentially report an incident of harassment, intimidation, or bullying.

The principal shall report to the superintendent if a preliminary determination is made under the school district's policy that the reported incident or complaint is a report outside the scope of the definition of harassment, intimidation, or bullying, and the superintendent may require the principal to conduct an investigation of the incident, if the superintendent determines that an investigation is necessary because the incident is within the scope of the definition of harassment, intimidation, or bullying. The superintendent shall notify the principal of this determination in writing;

(6) a procedure for prompt investigation of reports of violations and complaints, which procedure shall at a minimum provide that:

(a) the investigation shall be initiated by the principal or the principal's designee within one school day of the report of the incident and shall be conducted by a school anti-bullying specialist. The principal may appoint additional personnel who are not school anti-bullying specialists to assist in the investigation. The investigation shall be completed as soon as possible, but not later than 10 school days from the date of the written report of the incident of harassment, intimidation, or bullying or from the date of the written notification from the superintendent to the principal to initiate an investigation pursuant to paragraph (5) of this subsection. In the event that there is information relative to the investigation that is anticipated but not yet received by the end of the 10-day period, the school anti-bullying specialist may amend the original report of the results of the investigation to reflect the information;

(b) the results of the investigation shall be reported to the superintendent of schools within two school days of the completion of the investigation, and in accordance with regulations promulgated by the State Board of Education pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the superintendent may decide to provide intervention services, establish training programs to reduce harassment, intimidation, or bullying and enhance school climate, impose discipline, order counseling as a result of the findings of the investigation, or take or recommend other appropriate action including seeking further information;

(c) the results of each investigation shall be reported to the board of education no later than the date of the board of education meeting next following the completion of the investigation, along with information on any services provided, training established, discipline imposed, or other action taken or recommended by the superintendent;

(d) parents or guardians of the students who are parties to the investigation shall be entitled to receive information about the investigation, in accordance with federal and State law and regulation, including the nature of the investigation, whether the district found evidence of harassment, intimidation, or bullying, or whether discipline was imposed or services provided to address the incident of harassment, intimidation, or bullying. This information shall be provided in writing within 5 school days after the results of the investigation are reported to the board. A parent or guardian may request a hearing before the board after receiving the information, and the hearing shall be held within 10 days of the request. The board shall meet in executive session for the hearing to protect the confidentiality of the students. At the hearing the board may hear from the school anti-bullying specialist about the incident, recommendations for discipline or services, and any programs instituted to reduce such incidents;

(e) at the next board of education meeting following its receipt of the report pursuant to subparagraph (c) of paragraph (6) of this subsection, the board shall issue a decision, in writing, to affirm, reject, or modify the superintendent's decision. The board's decision may be appealed to the Commissioner of Education, in accordance with the procedures set forth in law and regulation, no later than 90 days after the issuance of the board's decision; and

(f) a parent, student, guardian, or organization may file a complaint with the Division on Civil Rights within 180 days of the occurrence of any incident of harassment, intimidation, or bullying based on membership in a protected group as enumerated in the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.);

(7) the range of ways in which a school will respond once an incident of harassment, intimidation or bullying is identified, which shall be defined by the principal in conjunction with the school anti-bullying specialist, but shall include an appropriate combination of services that are available within the district such as counseling, support services, intervention services, and other programs, as defined by the commissioner. In the event that the necessary programs and services are not available within the district, the district may apply to the Department of Education for a grant from the "Bullying Prevention Fund" established pursuant to section 25 of P.L.2010, c.122 (C.18A:37-28) to support the provision of out-of-district programs and services;

(8) a statement that prohibits reprisal or retaliation against any person who reports an act of harassment, intimidation or bullying and the consequence and appropriate remedial action for a person who engages in reprisal or retaliation;

(9) consequences and appropriate remedial action for a person found to have falsely accused another as a means of retaliation or as a means of harassment, intimidation or bullying;

(10) a statement of how the policy is to be publicized, including notice that the policy applies to participation in school-sponsored functions;

(11) a requirement that a link to the policy be prominently posted on the home page of the school district's website and distributed annually to parents and guardians who have children enrolled in a school in the school district;

(12) a requirement that the name, school phone number, school address and school email address of the district anti-bullying coordinator be listed on the home page of the school district's website and that on the home page of each school's website the name, school phone number, school address and school email address of the school anti-bullying specialist and the district anti-bullying coordinator be listed. The information concerning the district anti-bullying coordinator and the school anti-bullying specialists shall also be maintained on the department's website; and

(13) a requirement that the school district and each school in the district with a website post on its homepage the current version of the document, Guidance for Parents on the Anti-Bullying Bill of Rights Act, developed by the Department of Education. The School Climate State Coordinator shall ensure that this document is updated as needed and then promptly disseminated to all school districts.

c. A school district shall adopt a policy and transmit a copy of its policy to the appropriate executive county superintendent of schools by September 1, 2003. A school district shall annually conduct a re-evaluation, reassessment, and review of its policy, making any necessary revisions and additions. The board shall include input from the school anti-bullying specialists in conducting its re-evaluation, reassessment, and review. The district shall transmit a copy of the revised policy to the appropriate executive county superintendent of schools within 30 school days of the revision. The first revised policy following the effective date of P.L.2010, c.122 (C.18A:37-13.1 et al.) shall be transmitted to the executive county superintendent of schools by September 1, 2011.

d. (1) To assist school districts in developing policies for the prevention of harassment, intimidation, or bullying, the Commissioner of Education shall develop a model policy applicable to grades kindergarten through 12. This model policy shall be issued no later than December 1, 2002.

(2) The commissioner shall adopt amendments to the model policy which reflect the provisions of P.L.2010, c.122 (C.18A:37-13.1 et al.) no later than 90 days after the effective date of that act and shall subsequently update the model policy as the commissioner deems necessary.

e. Notice of the school district's policy shall appear in any publication of the school district that sets forth the comprehensive rules, procedures and standards of conduct for schools within the school district, and in any student handbook.

f. Nothing in this section shall prohibit a school district from adopting a policy that includes components that are more stringent than the components set forth in this section.

##### **§ 18A:37-15.1** "Electronic communication" included in school districts' harassment and bullying prevention policy. {#sec-18a-37-15.1 omnilex-key=us-nj-statutes--title-18a--18A:37-15.1}

2. a. A school district's policy on prohibiting harassment, intimidation or bullying adopted pursuant to section 3 of P.L.2002, c.83 (C.18A:37-15), shall be amended, if necessary, to reflect the provisions of P.L.2007, c.129 (C.18A:37-15.1 et al.). The district shall transmit a copy of the amended policy to the appropriate county superintendent of schools. Notice of the amended policy shall appear in any publication of the school district that sets forth the comprehensive rules, procedures and standards of conduct for schools within the school district, and in any student handbook.

b. In the event that a school district's policy on prohibiting harassment, intimidation or bullying adopted pursuant to section 3 of P.L.2002, c.83 (C.18A:37-15) does not accord with the provisions of subsection a. of this section by the 90th day following the effective date of this act, the district's existing policy prohibiting harassment, intimidation or bullying shall be deemed to include an "electronic communication" as defined in section 2 of P.L.2002, c.83 (C.18A:37-14) as amended by section 1 of P.L.2007, c.129.

##### **§ 18A:37-15.2** Actions required relative to bullying policy. {#sec-18a-37-15.2 omnilex-key=us-nj-statutes--title-18a--18A:37-15.2}

8. Within 60 days of the effective date of this section each school district shall amend its bullying policy in accordance with section 3 of P.L.2002, c.83 (C.18A:37-15) as amended by section 7 of P.L.2007, c.303, make the policy available on the district's website, and notify students and parents that the policy is available on the district's website.

##### **§ 18A:37-15.3** Policy to include certain incidents occurring off school grounds. {#sec-18a-37-15.3 omnilex-key=us-nj-statutes--title-18a--18A:37-15.3}

16. The policy adopted by each school district pursuant to section 3 of P.L.2002, c.83 (C.18A:37-15) shall include provisions for appropriate responses to harassment, intimidation, or bullying, as defined in section 2 of P.L.2002, c.83 (C.18A:37-14), that occurs off school grounds, in cases in which a school employee is made aware of such actions. The responses to harassment, intimidation, or bullying that occurs off school grounds shall be consistent with the board of education's code of student conduct and other provisions of the board's policy on harassment, intimidation, or bullying.

##### **§ 18A:37-16** Reprisal, retaliation, false accusation prohibited. {#sec-18a-37-16 omnilex-key=us-nj-statutes--title-18a--18A:37-16}

4. a. A member of a board of education, school employee, student or volunteer shall not engage in reprisal, retaliation or false accusation against a victim, witness or one with reliable information about an act of harassment, intimidation or bullying.

b. A member of a board of education, school employee, contracted service provider, student or volunteer who has witnessed, or has reliable information that a student has been subject to, harassment, intimidation or bullying shall report the incident to the appropriate school official designated by the school district's policy, or to any school administrator or safe schools resource officer, who shall immediately initiate the school district's procedures concerning school bullying.

c. A member of a board of education or a school employee who promptly reports an incident of harassment, intimidation or bullying, to the appropriate school official designated by the school district's policy, or to any school administrator or safe schools resource officer, and who makes this report in compliance with the procedures in the district's policy, is immune from a cause of action for damages arising from any failure to remedy the reported incident.

d. A school administrator who receives a report of harassment, intimidation, or bullying from a district employee, and fails to initiate or conduct an investigation, or who should have known of an incident of harassment, intimidation, or bullying and fails to take sufficient action to minimize or eliminate the harassment, intimidation, or bullying, may be subject to disciplinary action.

##### **§ 18A:37-16.1** Immunity for reporting harassment, intimidation, or bullying at certain private schools. {#sec-18a-37-16.1 omnilex-key=us-nj-statutes--title-18a--18A:37-16.1}

1. In the event that the State Board of Education requires approved private schools for students with disabilities to develop, adopt, and implement a policy prohibiting harassment, intimidation, or bullying on school grounds, a member of a board of directors or an employee of an approved private school for students with disabilities who promptly reports an incident of harassment, intimidation, or bullying to the appropriate school official designated by the school's policy or to any school administrator, and who makes this report in compliance with the procedures in the school's policy, is immune from a cause of action for damages arising from any failure to remedy the reported incident.

##### **§ 18A:37-17** Establishment of bullying prevention programs or approaches. {#sec-18a-37-17 omnilex-key=us-nj-statutes--title-18a--18A:37-17}

5. a. Schools and school districts shall annually establish, implement, document, and assess bullying prevention programs or approaches, and other initiatives involving school staff, students, administrators, volunteers, parents, law enforcement and community members. The programs or approaches shall be designed to create school-wide conditions to prevent and address harassment, intimidation, and bullying. A school district may implement bullying prevention programs and approaches that may be available at no cost from the Department of Education, the New Jersey State Bar Foundation, or any other entity. A school district may, at its own discretion, implement bullying prevention programs and approaches which impose a cost on the district.

A school district may apply to the Department of Education for a grant to be used for programs, approaches, or personnel established pursuant to this act, to the extent funds are appropriated for these purposes or funds are made available through the "Bullying Prevention Fund" established pursuant to section 25 of P.L.2010, c.122 (C.18A:37-28). A school district may make an application for a grant only after exploring bullying prevention programs and approaches that are available at no cost, and making an affirmative demonstration of that exploration in its grant application.

b. A school district shall: (1) provide training on the school district's harassment, intimidation, or bullying policies to school employees and volunteers who have significant contact with students; (2) ensure that the training includes instruction on preventing bullying on the basis of the protected categories enumerated in section 2 of P.L.2002, c.83 (C.18A:37-14) and other distinguishing characteristics that may incite incidents of discrimination, harassment, intimidation, or bullying; and (3) develop a process for discussing the district's harassment, intimidation or bullying policy with students.

A school district may satisfy the training required pursuant to this subsection by utilizing training that may be provided at no cost by the Department of Education, the New Jersey State Bar Foundation, or any other entity. A school district may, at its own discretion, implement a training program which imposes a cost on the district.

c. Information regarding the school district policy against harassment, intimidation or bullying shall be incorporated into a school's employee training program and shall be provided to full-time and part-time staff, volunteers who have significant contact with students, and those persons contracted by the district to provide services to students.

##### **§ 18A:37-18** Other remedies unaffected. {#sec-18a-37-18 omnilex-key=us-nj-statutes--title-18a--18A:37-18}

6. This act shall not be interpreted to prevent a victim from seeking redress under any other available law either civil or criminal. This act does not create or alter any tort liability.

##### **§ 18A:37-19** Application by school district for reimbursement. {#sec-18a-37-19 omnilex-key=us-nj-statutes--title-18a--18A:37-19}

7. A school district that incurs additional costs due to the implementation of the provisions of this act shall apply to the Commissioner of Education for reimbursement.

##### **§ 18A:37-20** Appointment of school anti-bullying specialists, coordinator. {#sec-18a-37-20 omnilex-key=us-nj-statutes--title-18a--18A:37-20}

17. a. The principal in each school in a school district shall appoint a school anti-bullying specialist. When a school guidance counselor, school psychologist, or another individual similarly trained is currently employed in the school, the principal shall appoint that individual to be the school anti-bullying specialist. If no individual meeting this criteria is currently employed in the school, the principal shall appoint a school anti-bullying specialist from currently employed school personnel. The school anti-bullying specialist shall:

(1) chair the school safety team as provided in section 18 of P.L.2010, c.122 (C.18A:37-21);

(2) lead the investigation of incidents of harassment, intimidation, and bullying in the school; and

(3) act as the primary school official responsible for preventing, identifying, and addressing incidents of harassment, intimidation, and bullying in the school.

b. The superintendent of schools shall appoint a district anti-bullying coordinator. The superintendent shall make every effort to appoint an employee of the school district to this position. The district anti-bullying coordinator shall:

(1) be responsible for coordinating and strengthening the school district's policies to prevent, identify, and address harassment, intimidation, and bullying of students;

(2) collaborate with school anti-bullying specialists in the district, the board of education, and the superintendent of schools to prevent, identify, and respond to harassment, intimidation, and bullying of students in the district;

(3) provide data, in collaboration with the superintendent of schools, to the Department of Education regarding harassment, intimidation, and bullying of students; and

(4) execute such other duties related to school harassment, intimidation, and bullying as requested by the superintendent of schools.

c. The district anti-bullying coordinator shall meet at least twice a school year with the school anti-bullying specialists in the district to discuss and strengthen procedures and policies to prevent, identify, and address harassment, intimidation, and bullying in the district.

##### **§ 18A:37-21** School safety teams. {#sec-18a-37-21 omnilex-key=us-nj-statutes--title-18a--18A:37-21}

18. a. A school district shall form a school safety team in each school in the district to develop, foster, and maintain a positive school climate by focusing on the on-going, systemic process and practices in the school and to address school climate issues such as harassment, intimidation, or bullying. A school safety team shall meet at least two times per school year.

b. A school safety team shall consist of the principal or his designee who, if possible, shall be a senior administrator in the school and the following appointees of the principal: a teacher in the school; a school anti-bullying specialist; a parent of a student in the school; and other members to be determined by the principal. The school anti-bullying specialist shall serve as the chair of the school safety team.

c. The school safety team shall:

(1) receive any complaints of harassment, intimidation, or bullying of students that have been reported to the principal;

(2) receive copies of any report prepared after an investigation of an incident of harassment, intimidation, or bullying;

(3) identify and address patterns of harassment, intimidation, or bullying of students in the school;

(4) review and strengthen school climate and the policies of the school in order to prevent and address harassment, intimidation, or bullying of students;

(5) educate the community, including students, teachers, administrative staff, and parents, to prevent and address harassment, intimidation, or bullying of students;

(6) participate in the training required pursuant to the provisions of P.L.2002, c.83 (C.18A:37-13 et seq.) and other training which the principal or the district anti-bullying coordinator may request;

(7) collaborate with the district anti-bullying coordinator in the collection of district-wide data and in the development of district policies to prevent and address harassment, intimidation, or bullying of students; and

(8) execute such other duties related to harassment, intimidation, and bullying as requested by the principal or district anti-bullying coordinator.

d. The members of a school safety team shall be provided professional development opportunities that address effective practices of successful school climate programs or approaches.

e. Notwithstanding any provision of this section to the contrary, a parent who is a member of the school safety team shall not participate in the activities of the team set forth in paragraph (1), (2), or (3) of subsection c. of this section or any other activities of the team which may compromise the confidentiality of a student.

##### **§ 18A:37-22** Program required for teaching certification. {#sec-18a-37-22 omnilex-key=us-nj-statutes--title-18a--18A:37-22}

19. a. Beginning with the 2012-2013 school year, all candidates for teaching certification who have completed a teacher preparation program at a regionally-accredited institution of higher education shall have satisfactorily completed a program on harassment, intimidation, and bullying prevention.

b. Beginning with the 2011-2012 school year, any person seeking certification through the alternate route shall, within one year of being employed, satisfactorily complete a program on harassment, intimidation, and bullying prevention.

c. The State Board of Education shall establish the appropriate requirements of the program on harassment, intimidation, and bullying prevention.

d. The State board shall, as part of the professional development requirement established by the State board for public school teachers, require each public school teacher to complete at least two hours of instruction on harassment, intimidation, or bullying prevention in each professional development period.

##### **§ 18A:37-23** Program required for administrative and supervisory certification. {#sec-18a-37-23 omnilex-key=us-nj-statutes--title-18a--18A:37-23}

20. Beginning with the 2012-2013 school year, all candidates for administrative and supervisory certification shall have satisfactorily completed a program on harassment, intimidation, and bullying prevention.

##### **§ 18A:37-24** Development of guidance document. {#sec-18a-37-24 omnilex-key=us-nj-statutes--title-18a--18A:37-24}

21. a. The Department of Education, in consultation with the Division on Civil Rights in the Department of Law and Public Safety shall develop a guidance document for use by parents or guardians, students, and school districts to assist in resolving complaints concerning student harassment, intimidation, or bullying behaviors and the implementation of P.L.2002, c.83 (C.18A:37-13 et seq.) by school districts. The document shall include:

(1) a school district's obligations under P.L.2002, c.83 (C.18A:37-13 et seq.);

(2) best practices for the prevention, intervention, and remediation of harassment, intimidation, or bullying in schools, including methods to identify and assist student populations at high risk for harassment, intimidation, or bullying;

(3) a clear explanation of the procedures for petitioning the Commissioner of Education to hear and decide disputes concerning P.L.2002, c.83 (C.18A:37-13 et seq.);

(4) a clear explanation of the Division on Civil Rights' jurisdiction and services in regard to specific types of harassment, intimidation, or bullying; and

(5) a clear explanation of the process for appealing final agency determinations to the Appellate Division of the Superior Court.

b. The guidance document shall be available on the Department of Education's and the Division on Civil Rights' Internet sites and on every school district's Internet site at an easily accessible location.

##### **§ 18A:37-25** Establishment of formal protocol for investigating a complaint. {#sec-18a-37-25 omnilex-key=us-nj-statutes--title-18a--18A:37-25}

22. a. The Commissioner of Education shall establish a formal protocol pursuant to which the office of the executive county superintendent of schools shall investigate a complaint that documents an allegation of a violation of P.L.2002, c.83 (C.18A:37-13 et seq.) by a school district located within the county, when the complaint has not been adequately addressed on the local level. The office of the executive county superintendent shall report its findings, and if appropriate, issue an order for the school district to develop and implement corrective actions that are specific to the facts of the case.

b. The commissioner shall ensure that the personnel of the office of the executive county superintendent of schools who are responsible for conducting the investigations receive training and technical support on the use of the complaint investigation protocol.

##### **§ 18A:37-26** Inservice workshops, training programs. {#sec-18a-37-26 omnilex-key=us-nj-statutes--title-18a--18A:37-26}

23. a. The Commissioner of Education, in consultation with recognized experts in school bullying from a cross section of academia, child advocacy organizations, nonprofit organizations, professional associations, and government agencies, shall establish inservice workshops and training programs to train selected public school employees to act as district anti-bullying coordinators and school anti-bullying specialists in accordance with the provisions of P.L.2010, c.122 (C.18A:37-13.1 et al.). The commissioner shall seek to make the workshops and training programs available and administered online through the department's website or other existing online resources. The commissioner shall evaluate the effectiveness of the consulting group on an annual basis. The inservice training programs may utilize the offices of the executive county superintendent of schools, or such other institutions, agencies, or persons as the commissioner deems appropriate. Each board of education shall provide time for the inservice training during the usual school schedule in order to ensure that appropriate personnel are prepared to act in the district as district anti-bullying coordinators and school anti-bullying specialists.

b. Upon completion of the initial inservice training program, the commissioner shall ensure that programs and workshops that reflect the most current information on harassment, intimidation, and bullying in schools are prepared and made available to district anti-bullying coordinators and school anti-bullying specialists at regular intervals.

##### **§ 18A:37-27** Development of online tutorial, test. {#sec-18a-37-27 omnilex-key=us-nj-statutes--title-18a--18A:37-27}

24. The Commissioner of Education shall develop, in consultation with the Division on Civil Rights, and make available on the Department of Education's Internet site, an online tutorial on harassment, intimidation, and bullying. The online tutorial shall, at a minimum, include best practices in the prevention of harassment, intimidation, and bullying, applicable laws, and such other information that the commissioner determines to be appropriate. The online tutorial shall be accompanied by a test to assess a person's understanding of the information provided in the tutorial.

##### **§ 18A:37-28** "Bullying Prevention Fund." {#sec-18a-37-28 omnilex-key=us-nj-statutes--title-18a--18A:37-28}

25. There is created a special fund in the Department of Education, which shall be designated the "Bullying Prevention Fund." The fund shall be maintained in a separate account and administered by the commissioner to carry out the provisions of this act. The fund shall consist of: (1) any monies appropriated by the State for the purposes of the fund; (2) any monies donated for the purposes of the fund; and (3) all interest and investment earnings received on monies in the fund. The fund shall be used to offer grants to school districts to provide training on harassment, intimidation, and bullying prevention and on the effective creation of positive school climates, and to help fund related personnel expenses.

##### **§ 18A:37-29** "Week of Respect"; designated. {#sec-18a-37-29 omnilex-key=us-nj-statutes--title-18a--18A:37-29}

26. The week beginning with the first Monday in October of each year is designated as a "Week of Respect" in the State of New Jersey. School districts, in order to recognize the importance of character education, shall observe the week by providing age-appropriate instruction focusing on preventing harassment, intimidation, or bullying as defined in section 2 of P.L.2002, c.83 (C.18A:37-14). Throughout the school year the school district shall provide ongoing age-appropriate instruction on preventing harassment, intimidation, and bullying in accordance with the core curriculum content standards.

##### **§ 18A:37-30** Construction of act. {#sec-18a-37-30 omnilex-key=us-nj-statutes--title-18a--18A:37-30}

27. Nothing contained in P.L.2010, c.122 (C.18A:37-13.1 et al.) shall be construed as affecting the provisions of any collective bargaining agreement or individual contract of employment in effect on that act's effective date.

##### **§ 18A:37-31** Compliance by nonpublic schools encouraged. {#sec-18a-37-31 omnilex-key=us-nj-statutes--title-18a--18A:37-31}

29. a. Nonpublic schools are encouraged to comply with the provisions of the "Anti-Bullying Bill of Rights Act," P.L.2002, c.83 (C.18A:37-13 et seq.), as amended and supplemented by P.L.2010, c.122 (C.18A:37-13.1 et al.).

b. In the case of a faith-based nonpublic school, no provision of the "Anti-Bullying Bill of Rights Act," P.L.2002, c.83 (C.18A:37-13 et seq.), as amended and supplemented by P.L.2010, c.122 (C.18A:37-13.1 et al.), shall be interpreted to prohibit or abridge the legitimate statement, expression or free exercise of the beliefs or tenets of that faith by the religious organization operating the school or by the school's faculty, staff, or student body.

##### **§ 18A:37-32** Inapplicability to certain situations. {#sec-18a-37-32 omnilex-key=us-nj-statutes--title-18a--18A:37-32}

30. Nothing contained in the "Anti-Bullying Bill of Rights Act," P.L.2002, c.83 (C.18A:37-13 et seq.), as amended and supplemented by P.L.2010, c.122 (C.18A:37-13.1 et al.), shall alter or reduce the rights of a student with a disability with regard to disciplinary actions or to general or special educational services and supports.

##### **§ 18A:37-32.1** Rules, regulations. {#sec-18a-37-32.1 omnilex-key=us-nj-statutes--title-18a--18A:37-32.1}

5. Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) or any other law to the contrary, the commissioner may adopt, immediately upon filing with the Office of Administrative Law, such rules and regulations as the commissioner deems necessary to implement the provisions of P.L.2012, c.1 (C.18A:37-32.1 et al.), P.L.2010, c.122 (C.18A:37-13.2 et al.), and P.L.2002, c.83 (C.18A:37-13 et seq.). 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.).

##### **§ 18A:37-32.2** Policy against hazing for district with high school, middle school. {#sec-18a-37-32.2 omnilex-key=us-nj-statutes--title-18a--18A:37-32.2}

5. a. Each board of education of a school district with a high school or middle school and the governing board or chief school administrator of a nonpublic high school or middle school shall adopt a written policy against hazing.

b. The board of education and governing board or chief school administrator shall ensure that students are informed of the anti-hazing policy, including the rules, penalties, and program of enforcement under the policy.

c. The board of education and governing board or chief school administrator shall post the policy on the district's or nonpublic school's publicly accessible Internet website.

##### **§ 18A:37-32.3** Program for enforcement of policy against hazing. {#sec-18a-37-32.3 omnilex-key=us-nj-statutes--title-18a--18A:37-32.3}

6. a. Each board of education of a school district with a high school or middle school and the governing board or chief school administrator of a nonpublic high school or middle school shall provide a program for the enforcement of the policy against hazing required under section 5 of P.L.2021, c.208 (C.18A:37-32.2) and shall adopt appropriate penalties for violation of the policy.

b. The penalties for violations of the policy may include:

(1) the withholding of diplomas or transcripts pending compliance with the rules;

(2) the rescission of permission for the organization or group, whose student members are being penalized under the anti-hazing policy, to operate on campus or school property or to otherwise operate under the sanction or recognition of the school district or nonpublic school; and

(3) the imposition of probation, suspension, dismissal, or expulsion.

c. A penalty imposed under this section shall be in addition to a penalty imposed for violation of any other school district or nonpublic school rule to which the violator may be subject.

d. A policy adopted under section 5 of P.L.2021, c.208 (C.18A:37-32.2) shall apply to each act conducted on or off campus if the acts are deemed to constitute hazing.

##### **§ 18A:37-33** Findings, declarations relative to dating violence policy and education. {#sec-18a-37-33 omnilex-key=us-nj-statutes--title-18a--18A:37-33}

1. The Legislature finds and declares that: a safe and civil environment in school is necessary for students to learn and achieve high academic standards; a student who is a victim of dating violence suffers academically, and the student's safety at school is jeopardized; and since all students have a right to learn and study in a safe, supportive environment that is free from violence, each school district should have a policy to prevent, and for responding to, incidents of dating violence, and should provide dating violence education to students in order to prevent dating violence and address incidents involving dating violence.

##### **§ 18A:37-34** Definitions relative to dating violence policy and education. {#sec-18a-37-34 omnilex-key=us-nj-statutes--title-18a--18A:37-34}

2. As used in this act:

"At school" means in a classroom or anywhere on school property, on a school bus or other school-related vehicle, at an official school bus stop, or at any school-sponsored activity or event whether or not it is on school grounds.

"Dating partner" means any person involved in an intimate association with another individual that is primarily characterized by the expectation of affectionate involvement, whether casual, serious, or long-term.

"Dating violence" means a pattern of behavior where one person threatens to use, or actually uses physical, sexual, verbal, or emotional abuse to control a dating partner.

##### **§ 18A:37-35** Task force to develop policy. {#sec-18a-37-35 omnilex-key=us-nj-statutes--title-18a--18A:37-35}

3. a. The Department of Education shall establish a task force to develop a policy to address incidents of dating violence involving students at school. The task force shall include members who have expertise in issues relating to dating violence. The policy shall contain, at a minimum, the following components:

(1) a statement that dating violence will not be tolerated;

(2) dating violence reporting procedures;

(3) guidelines for responding to at-school incidents of dating violence;

(4) discipline procedures specific to at-school incidents of dating violence;

(5) warning signs of dating violence; and

(6) information on safe, appropriate school, family, peer, and community resources available to address dating violence.

b. Each school district shall implement either the policy developed by the department or a dating violence policy developed by the district. In the event that a district determines to develop its policy, the policy shall contain, at a minimum, the components required pursuant to paragraphs (1) through (6) of subsection a. of this section.

c. Notice of the policy implemented by the school district shall appear in any publication of the district that sets forth the comprehensive rules, procedures, and standards of conduct for schools within the district, and in any student handbook.

##### **§ 18A:37-36** Educational resources, recommendation, posting on website. {#sec-18a-37-36 omnilex-key=us-nj-statutes--title-18a--18A:37-36}

4. The Department of Education shall recommend educational resources on dating violence and shall post these materials on its website.

##### **§ 18A:37-37** Interpretation. {#sec-18a-37-37 omnilex-key=us-nj-statutes--title-18a--18A:37-37}

5. The provisions of P.L.2011, c.64 (C.18A:37-33 et al.) shall not be interpreted to prevent a victim from seeking redress under any other available law, either civil or criminal, and does not create or alter any tort liability.

##### **§ 18A:37-37.1** School Climate State Coordinator, established. {#sec-18a-37-37.1 omnilex-key=us-nj-statutes--title-18a--18A:37-37.1}

5. There is hereby established within the Department of Education a School Climate State Coordinator to serve as a resource to parents, students, and educators. The duties and responsibilities of the State coordinator shall include:

a. Identifying and disseminating research and resources, including professional development resources, to promote best practices in student social-emotional learning and the development of a positive, supportive school climate in New Jersey schools;

b. Providing information regarding the provisions and procedures of the "Anti-Bullying Bill of Rights Act," P.L.2002, c.83 (C.18A:37-13 et seq.), and regulations promulgated thereto, relevant provisions of the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.), and other State and federal laws addressing harassment, intimidation, and bullying;

c. Reviewing and reporting data collected on harassment, intimidation and bullying pursuant to section 1 of P.L.1982, c.163 (C.18A:17-46) to identify and report to the Department of Education any patterns of harassment, intimidation, or bullying in public schools. The department shall review the information provided by the State coordinator to develop guidance and strategies for public schools, parents, school staff, and other agencies, as appropriate;

d. Assisting the Department of Education in creating public information programs that educate parents, educators, and the public concerning the duties of the State coordinator, the issue of harassment, intimidation, and bullying, and the resources available to address and prevent harassment, intimidation, and bullying;

e. Working collaboratively with law enforcement, the Department of Education, the Division on Civil Rights in the Department of Law and Public Safety, and the Department of Health to develop a training program on the impact of harassment, intimidation, and bullying on students and schools, that will be available for school districts to use in local anti-bullying programs and intervention plans;

f. Working collaboratively with law enforcement, including organizations representing school resource officers, to develop resources and training for law enforcement concerning the impact of harassment, intimidation, and bullying on students and schools, and the appropriate role of law enforcement in such matters pursuant to the Uniform Memorandum of Agreement Between Education and Law Enforcement Officials; and

g. Annually providing to the Commissioner of Education, the State Board of Education, and pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) the Legislature, a report summarizing the activities of the State coordinator, and any specific recommendations concerning school climate best practices and procedures.

##### **§ 18A:37-37.2** Confidentiality. {#sec-18a-37-37.2 omnilex-key=us-nj-statutes--title-18a--18A:37-37.2}

6. The School Climate State Coordinator shall consider communications received in the course of his duties, including personally identifiable information regarding students, parents, and others from whom information is acquired, as confidential and shall not disclose this information, in accordance with State and federal law.

##### **§ 18A:37-37.3** Contact information for School Climate State Coordinator. {#sec-18a-37-37.3 omnilex-key=us-nj-statutes--title-18a--18A:37-37.3}

7. The Department of Education shall post in a prominent location on the homepage of its Internet website the contact information for the School Climate State Coordinator. Each school district shall post this information on its website at the same location it makes its policy on harassment, intimidation, and bullying available.

##### **§ 18A:37-37.4** State assistance for School Climate State Coordinator. {#sec-18a-37-37.4 omnilex-key=us-nj-statutes--title-18a--18A:37-37.4}

8. The School Climate State Coordinator is authorized to call upon any department, office, division, or agency of the State to supply the State coordinator with data and any other information or assistance available to the department, office, division, or agency as the State coordinator deems necessary to discharge the duties under P.L.2021, c.338 (C.2A:53A-17.1 et al.). Each department, office, division, or agency, to the extent not inconsistent with law, shall cooperate fully with the State coordinator within the limits of its statutory authority, and provide such assistance on as timely a basis as is necessary to enable the State coordinator to accomplish his duties pursuant to P.L.2021, c.338 (C.2A:53A-17.1 et al.). The State coordinator may consult with experts or other knowledgeable individuals in the public or private sector on any aspect of the State coordinator's mission.

##### **§ 18A:37-37.5** Funding of School Climate State Coordinator position. {#sec-18a-37-37.5 omnilex-key=us-nj-statutes--title-18a--18A:37-37.5}

9. The Legislature shall appropriate such monies as necessary to fund the position of School Climate State Coordinator established pursuant to section 5 of P.L.2021, c.338 (C.18A:37-37.1), and the "Bullying Prevention Fund" established pursuant to section 25 of P.L. 2010, c.122 (C.18A:37-28), and such other monies as necessary to implement the provisions of this act.

##### **§ 18A:37-38** Definitions relative to restorative justice. {#sec-18a-37-38 omnilex-key=us-nj-statutes--title-18a--18A:37-38}

1. As used in this act:

"Adverse childhood experiences" means severe childhood stressors that, when experienced prenatal to three years old, affect brain development and which are proven to be powerful determinants of physical, mental, social, and behavioral health across a lifespan. Adverse childhood experiences may include, but are not limited to, child physical or sexual abuse, child emotional abuse, child physical or emotional neglect, substance use disorder in the home, mental illness or suicidal behaviors in the home, incarceration of a family member, exposure to violence in the home or community, and parental divorce or separation.

"Restorative justice" means a system of dispute resolution tools that allow all parties of a dispute to be involved in defining the harm and devising remedies while giving the necessary attention to community safety, victims' needs, and the need for offender accountability. Restorative justice practices shall include, but need not be limited to, student or community court, restorative circles, mediation, and conferencing.

"Trauma-informed approach" means an approach that recognizes the signs and symptoms of trauma in students, families, staff, and others, and which responds by fully integrating knowledge about trauma into policies, procedures, and practices for the purposes of promoting resiliency and healing, resisting the recurrence of trauma, and improving educational outcomes.

##### **§ 18A:37-39** "Restorative Justice in Education Pilot Program." {#sec-18a-37-39 omnilex-key=us-nj-statutes--title-18a--18A:37-39}

2. Within six months of the effective date of this act, the Commissioner of Education shall establish a three-year "Restorative Justice in Education Pilot Program" to implement restorative justice practices in the public schools. The program shall address school discipline issues through the implementation of restorative justice practices that include a trauma-informed approach. The goals of the pilot program shall be to:

a. reduce racial disparities in school discipline which result in an inequitable loss of classroom time among certain student groups, thereby boosting the academic outcomes of these students;

b. improve the socioemotional and behavioral responses of students through the use of more appropriate, and less punitive, interventions, thereby establishing a more supportive and inclusive school culture; and

c. reduce recidivism rates among students who violate the school district code of conduct through the use of more effective and targeted restorative justice interventions.

##### **§ 18A:37-40** Application for participation by school district. {#sec-18a-37-40 omnilex-key=us-nj-statutes--title-18a--18A:37-40}

3. A school district that wants to participate in the pilot program shall submit an application to the commissioner. The application shall identify one school within the school district to implement the restorative justice model under the pilot program. The application shall include:

a. a description of the school including the number of enrolled students; the in-school and out-of-school student suspension rates, and any other relevant data collected on student disciplinary actions; absenteeism rates; academic performance indicators, including the percentage of students not meeting expectations on State assessments; and the percentage of enrolled students who qualify for a free or reduced price lunch under the federal School Lunch Program;

b. a description of which restorative justice practices will be implemented at the school and the trauma-informed approach to be utilized;

c. a description of how school administrators plan to develop faculty and student support for the restorative justice model of school discipline to be implemented;

d. a preliminary schedule and description of faculty trainings on the use of restorative justice practices including a trauma-informed approach, and a statement indicating the school district's commitment to collecting ongoing feedback from both students and faculty on the program's impact;

e. the identification of a faculty member who shall serve as a school-based coordinator of the pilot program and who shall collect, analyze, and report on the program's implementation and outcomes to school district stakeholders and the commissioner; and

f. any other information the commissioner deems appropriate.

##### **§ 18A:37-41** Selection of districts. {#sec-18a-37-41 omnilex-key=us-nj-statutes--title-18a--18A:37-41}

4. a. After reviewing the applications submitted pursuant to section 3 of this act, the commissioner shall select five districts in each of the southern, central, and northern regions of the State to participate in the program.

b. The commissioner shall provide such guidance, support, and training to participating schools as may be necessary to effectuate the purposes of this act.

c. The commissioner shall award grants, within the limit of available State appropriations, to participating school districts to be used to support the development and implementation of restorative justice practices in the selected schools, including for any necessary trainings and materials. The commissioner shall determine the amount of each grant awarded under the program and may award multi-year grants.

##### **§ 18A:37-42** Limitation of number, duration of student expulsions, suspensions. {#sec-18a-37-42 omnilex-key=us-nj-statutes--title-18a--18A:37-42}

5. The principal of a school selected to participate in the pilot program shall be required to limit the number and duration of student expulsions and suspensions to the greatest extent practicable. The principal shall demonstrate a commitment to exhausting other forms of non-exclusionary discipline prior to using out-of-school suspensions or expulsions, unless otherwise required by law or unless a student's continuing presence in school poses a threat to school safety or a disruption to other students' learning opportunities.

##### **§ 18A:37-43** Ongoing professional development for teachers, staff. {#sec-18a-37-43 omnilex-key=us-nj-statutes--title-18a--18A:37-43}

6. A school district selected to participate in the pilot program shall provide ongoing professional development to teachers and other staff employed in the school in which the restorative justice model is being implemented on: how to understand, recognize, and respond to students and their families who are impacted by the effects of trauma and adverse childhood experiences; the adverse consequences of the exclusion of students from school and their involvement in the juvenile justice system; effective classroom management strategies; culturally responsive discipline; and developmentally appropriate disciplinary methods that promote a positive and healthy school climate.

##### **§ 18A:37-44** Application for grant, aid. {#sec-18a-37-44 omnilex-key=us-nj-statutes--title-18a--18A:37-44}

7. A school district selected to participate in the pilot program may seek and apply for any grant or aid from the federal government, or any appropriate nonprofit organization, foundation or trust, or any other public or private source that might be or may become available for programs in furtherance of the purposes of this act.

##### **§ 18A:37-45** Report. {#sec-18a-37-45 omnilex-key=us-nj-statutes--title-18a--18A:37-45}

8. Each school district shall prepare and submit to the commissioner a report on its experience with and the effects of the pilot program. The report shall include, to the greatest extent feasible, quantifiable measures of the program impact including, but not limited to, the number of faculty trainings on restorative justice practices and the use of a trauma-informed approach, discipline rates, absenteeism rates, and academic performance indicators.

##### **§ 18A:37-46** "Restorative Justice Education Fund." {#sec-18a-37-46 omnilex-key=us-nj-statutes--title-18a--18A:37-46}

9. There is established within the Department of Education a fund to be known as the "Restorative Justice Education Fund." The fund shall be used to provide grants to participating schools pursuant to subsection c. of section 4 of this act. The fund shall be annually credited with the moneys appropriated by the Legislature.

##### **§ 18A:37-47** Report to Governor, Legislature. {#sec-18a-37-47 omnilex-key=us-nj-statutes--title-18a--18A:37-47}

10. At the conclusion of the pilot program, the commissioner shall submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature. The report shall contain information on the implementation of the pilot program and shall include the commissioner's recommendation on the feasibility of expanding the program to other school districts in the State. The report shall also include copies of the reports submitted to the commissioner by the pilot school districts pursuant to section 8 of this act.

## **Chapter 38** {#struct-chapter-38}

##### **§ 18A:38-1** Attendance at school free of charge. {#sec-18a-38-1 omnilex-key=us-nj-statutes--title-18a--18A:38-1}

Public schools shall be free to the following persons over five and under 20 years of age:

Any person who is domiciled within the school district;

b. (1) Any person who is kept in the home of another person domiciled within the school district and is supported by such other person gratis as if he were such other person's own child, upon filing by such other person with the secretary of the board of education of the district, if so required by the board, a sworn statement that he is domiciled within the district and is supporting the child gratis and will assume all personal obligations for the child relative to school requirements and that he intends so to keep and support the child gratuitously for a longer time than merely through the school term, and a copy of his lease if a tenant, or a sworn statement by his landlord acknowledging his tenancy if residing as a tenant without a written lease, and upon filing by the child's parent or guardian with the secretary of the board of education a sworn statement that he is not capable of supporting or providing care for the child due to a family or economic hardship and that the child is not residing with the resident of the district solely for the purpose of receiving a free public education within the district. The statement shall be accompanied by documentation to support the validity of the sworn statements, information from or about which shall be supplied only to the board and only to the extent that it directly pertains to the support or nonsupport of the child. If in the judgment of the board of education the evidence does not support the validity of the claim by the resident, the board may deny admission to the child. The resident may contest the board's decision to the commissioner within 21 days of the date of the decision and shall be entitled to an expedited hearing before the commissioner on the validity of the claim and shall have the burden of proof by a preponderance of the evidence that the child is eligible for a free education under the criteria listed in this subsection. The board of education shall, at the time of its decision, notify the resident in writing of his right to contest the board's decision to the commissioner within 21 days. No child shall be denied admission during the pendency of the proceedings before the commissioner. In the event the child is currently enrolled in the district, the student shall not be removed from school during the 21-day period in which the resident may contest the board's decision nor during the pendency of the proceedings before the commissioner. If in the judgment of the commissioner the evidence does not support the claim of the resident, he shall assess the resident tuition for the student prorated to the time of the student's ineligible attendance in the school district. Tuition shall be computed on the basis of 1/180 of the total annual per pupil cost to the local district multiplied by the number of days of ineligible attendance and shall be collected in the manner in which orders of the commissioner are enforced. Nothing shall preclude a board from collecting tuition from the resident, parent or guardian for a student's period of ineligible attendance in the schools of the district where the issue is not appealed to the commissioner;

(2) If the superintendent or administrative principal of a school district finds that the parent or guardian of a child who is attending the schools of the district is not domiciled within the district and the child is not kept in the home of another person domiciled within the school district and supported by him gratis as if the child was the person's own child as provided for in paragraph (1) of this subsection, the superintendent or administrative principal may apply to the board of education for the removal of the child. The parent or guardian shall be entitled to a hearing before the board and if in the judgment of the board the parent or guardian is not domiciled within the district or the child is not kept in the home of another person domiciled within the school district and supported by him gratis as if the child was the person's own child as provided for in paragraph (1) of this subsection, the board may order the transfer or removal of the child from school. The parent or guardian may contest the board's decision before the commissioner within 21 days of the date of the decision and shall be entitled to an expedited hearing before the commissioner and shall have the burden of proof by a preponderance of the evidence that the child is eligible for a free education under the criteria listed in this subsection. The board of education shall, at the time of its decision, notify the parent or guardian in writing of his right to contest the decision within 21 days. No child shall be removed from school during the 21-day period in which the parent may contest the board's decision or during the pendency of the proceedings before the commissioner. If in the judgment of the commissioner the evidence does not support the claim of the parent or guardian, the commissioner shall assess the parent or guardian tuition for the student prorated to the time of the student's ineligible attendance in the schools of the district. Tuition shall be computed on the basis of 1/180 of the total annual per pupil cost to the local district multiplied by the number of days of ineligible attendance and shall be collected in the manner in which orders of the commissioner are enforced. Nothing shall preclude a board from collecting tuition from the parent or guardian for a student's period of ineligible attendance in the schools of the district where the issue is not appealed to the commissioner;

The provisions of this section requiring proof of support, custody or tenancy shall not apply to a person keeping a child in his home whose parent or guardian is a member of the New Jersey National Guard or a member of the reserve component of the armed forces of the United States and who has been ordered into active military service in any of the armed forces of the United States in time of war or national emergency. In such a situation, the child shall be eligible to enroll in the district in which he is being kept, and no tuition shall be charged by the district. Following the return of the child's parent or guardian from active military service, the child's eligibility for enrollment without tuition in the district in which he or she is being kept shall cease at the end of the current school year;

c. Any person who fraudulently allows a child of another person to use his residence and is not the primary financial supporter of that child and any person who fraudulently claims to have given up custody of his child to a person in another district commits a disorderly persons offense;

d. Any person whose parent or guardian, even though not domiciled within the district, is residing temporarily therein, but any person who has had or shall have his all-year-round dwelling place within the district for one year or longer shall be deemed to be domiciled within the district for the purposes of this section;

e. Any person for whom the Division of Youth and Family Services in the Department of Children and Families is acting as guardian and who is placed in the district by the division;

f. Any person whose parent or guardian moves from one school district to another school district as a result of being homeless and whose district of residence is determined pursuant to section 19 of P.L.1979, c.207 (C.18A:7B-12). On or before December 31 of each year, a public school shall report to the Office of Homelessness Prevention in the Department of Community Affairs an accounting of each instance in which the public school is made aware that a student enrolled in the public school because the student's parent or guardian moved from one school district to another school district as a result of being homeless.

##### **§ 18A:38-1.1** Certain students permitted to remain enrolled in current school district. {#sec-18a-38-1.1 omnilex-key=us-nj-statutes--title-18a--18A:38-1.1}

1. Notwithstanding the provisions of N.J.S.18A:38-1 or any other law, rule, or regulation to the contrary, a child who moves out of a school district as a result of domestic violence, sexual abuse or other family crises shall be permitted to remain enrolled in that district for the remainder of the school year. If the child remains enrolled in the district for the remainder of the school year, the school district shall provide transportation services to the child, provided the child lives remote from school, and the State shall reimburse the school district for the cost of the transportation services.

Nothing in this section shall be construed to affect the rights of homeless students pursuant to section 19 of P.L.1979, c.207 (C.18A:7B-12), section 3 of P.L.1989, c.290 (C.18A:7B-12.1), or any other applicable State or federal law.

##### **§ 18A:38-1.2** Rules. {#sec-18a-38-1.2 omnilex-key=us-nj-statutes--title-18a--18A:38-1.2}

2. The State Board of Education shall promulgate rules pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of this act. The rules shall include family crisis situations, other than those listed in section 1 of this act, which shall permit a child to remain enrolled in the school district.

##### **§ 18A:38-1.3** Verification of eligibility for enrollment in district. {#sec-18a-38-1.3 omnilex-key=us-nj-statutes--title-18a--18A:38-1.3}

1. a. In the case of a dispute between a school district and the parents or guardians of a student in regard to a student's eligibility to enroll in the district or to remain enrolled in the district pursuant to the provisions of N.J.S.18A:38-1, the school district may request from the New Jersey Motor Vehicle Commission the parent or guardian's name and address for use in verifying a student's eligibility for enrollment in the school district.

b. The New Jersey Motor Vehicle Commission shall disclose to a school district the information requested pursuant to subsection a. of this section in accordance with procedures established by the commission.

c. A school district shall not condition enrollment in the district on immigration status or on the fact that the commission does not have the name or address of the parent or guardian on file.

##### **§ 18A:38-2** Free attendance at school by nonresidents placed in district under court order {#sec-18a-38-2 omnilex-key=us-nj-statutes--title-18a--18A:38-2}

Public schools shall be free to any person over five and under 20 years of age nonresident in a school district who is placed in the home of another person, who is resident in the district, by order of a court of competent jurisdiction of this state or by any society, agency or institution incorporated and located in this state having for its object the care and welfare of indigent, neglected or abandoned children, or children in danger of becoming delinquent, or any person who is a resident in any institution operated, by any such society, agency or corporation, on a nonprofit basis, whether or not such other person, society, agency or institution is compensated for keeping such person; but no district shall be required to take an unreasonable number of persons under this section except upon the order of the commissioner issued in accordance with rules established by the state board.

##### **§ 18A:38-3** Admission for nonresident of school district; parent on active duty {#sec-18a-38-3 omnilex-key=us-nj-statutes--title-18a--18A:38-3}

a. Any person not resident in a school district, if eligible except for residence, may be admitted to the schools of the district with the consent of the board of education upon such terms, and with payment of tuition, as the board prescribes. Each board of education, with the approval of the executive county superintendent, shall establish a uniform tuition amount for any nonresident student admitted to the schools of a district pursuant to this section.

b. Any person not resident in a school district, if eligible except for residence, and if that person previously was a resident of the district, shall be admitted to the schools of the district without payment of tuition if that person's parent or guardian is a member of the New Jersey National Guard or a member of the reserve component of the armed forces of the United States and has been ordered into active military service in any of the armed forces of the United States in time of war or national emergency, resulting in the relocation of the student out of the district. A school district admitting a student pursuant to this subsection shall not be obligated for transportation costs.

c. The provisions of subsection a. of this section shall not apply, regardless of residence, to the enrolled children of teaching staff members of the school district who are permitted, by contract or local district policy, to enroll their children in the educational program of the school district without payment of tuition.

d. Nothing in this section shall limit a school district's ability to charge tuition pursuant to any other federal law, State statute, regulation, or court order.

e. The provisions of this section shall not apply to a county vocational school district.

##### **§ 18A:38-3.1** Children of certain military members permitted to remain in prior school district. {#sec-18a-38-3.1 omnilex-key=us-nj-statutes--title-18a--18A:38-3.1}

1. Notwithstanding the provisions of N.J.S.18A:38-1 or any other section of law to the contrary, a child who is domiciled within a school district and resides with a parent or guardian who is a member of the New Jersey National Guard or a member of the reserve component of the armed forces of the United States who is ordered into active military service in any of the armed forces of the United States in a time of war or national emergency, shall be permitted to remain enrolled in the school district in which the child is domiciled at the time of the parent or guardian being ordered into active military service, regardless of where the child resides during the period of active duty. The school district shall not be responsible for providing transportation for the child if the child lives outside of the district. Following the return of the child's parent or guardian from active military service, the child's eligibility to remain enrolled in the school district pursuant to this section shall cease at the end of the current school year unless the child is domiciled in the school district.

##### **§ 18A:38-3.2** School district registration, member of United States armed forces, National Guard, reserves. {#sec-18a-38-3.2 omnilex-key=us-nj-statutes--title-18a--18A:38-3.2}

1. Notwithstanding the provisions of N.J.S.18A:38-1 or any other section of law to the contrary, a member of the armed forces of the United States, the National Guard, or any other reserve component of the armed forces who has received relocation orders and whose anticipated residence will be within the State shall be permitted to enroll a dependent child in a school district and register for courses in advance of the member's relocation, upon presentation of a copy of the relocation orders to the school district. Once enrolled, the child shall be permitted to attend classes and receive services free of charge in the same manner as if they were already a resident of the school district. The school district shall waive any proof of residency requirements until such time that the member's family has been relocated within the school district.

##### **§ 18A:38-4** Free attendance to persons over age {#sec-18a-38-4 omnilex-key=us-nj-statutes--title-18a--18A:38-4}

The public schools of any district shall be free also to such persons, over the age of 20 years, who, except for age, would be entitled to free education in the district, as the board of education of the district shall determine.

##### **§ 18A:38-4.1** Issuance of notice relative to obligation to enroll resident students. {#sec-18a-38-4.1 omnilex-key=us-nj-statutes--title-18a--18A:38-4.1}

1. The Department of Education shall biannually issue notice to each school district reminding the district of the obligation to enroll resident students in accordance with all applicable statutes and applicable rules and regulations of the State Board of Education. The notice shall be issued by August 1 and December 30 of each school year and shall include information on the documentation that may be requested pursuant to State board regulations to demonstrate a student's eligibility for enrollment in the district.

##### **§ 18A:38-5** Admission of pupils under age {#sec-18a-38-5 omnilex-key=us-nj-statutes--title-18a--18A:38-5}

No child under the age of five years shall be admitted to any public school, except such as may be provided pursuant to law for children of his age.

No board of education shall be required to accept by transfer from public or private school any pupil who was not eligible by reason of age for admission on October 1 of that school year, but the board may in its discretion admit any such pupil if he or she meets such entrance requirements as may be established by rules or regulations of the board.

##### **§ 18A:38-5.1** No child to be excluded from school because of race, etc. {#sec-18a-38-5.1 omnilex-key=us-nj-statutes--title-18a--18A:38-5.1}

No child between the ages of four and 20 years shall be excluded from any public school on account of his race, creed, color, national origin, ancestry, or other protected category under subsection f. of section 11 of P.L.1945, c.169 (C.10:5-12), or immigration status. A member of any board of education who shall vote to exclude from any public school any child, on account of his race, creed, color, national origin, ancestry, or other protected category under subsection f. of section 11 of P.L.1945, c.169 (C.10:5-12), or immigration status shall be guilty of a disorderly persons offense.

##### **§ 18A:38-6** Time of admission of pupils; first school year {#sec-18a-38-6 omnilex-key=us-nj-statutes--title-18a--18A:38-6}

Pupils who have never attended any public or private school may be admitted to a public school on or before October 1 following the opening of the school for the fall term, and at no other time except by a majority vote of all the members of the board of education of the district in which the school is situated.

##### **§ 18A:38-7** Pupils receiving free education subject to provisions of chapter {#sec-18a-38-7 omnilex-key=us-nj-statutes--title-18a--18A:38-7}

Any person entitled to or receiving free education pursuant to this article shall be subject to all of the provisions of this chapter.

##### **§ 18A:38-7.7** Finding, declaration {#sec-18a-38-7.7 omnilex-key=us-nj-statutes--title-18a--18A:38-7.7}

The Legislature finds and declares that all persons of school age who reside on federal property located within this State are entitled under the New Jersey Constitution and the laws of this State to a free public education.

##### **§ 18A:38-7.8** Designated district. {#sec-18a-38-7.8 omnilex-key=us-nj-statutes--title-18a--18A:38-7.8}

2. a. After July 1, 1988 and until July 1, 2018, persons of school age who reside on federal property which is located entirely within the geographic boundaries of two or more school districts, one of which is a constituent district of a limited purpose regional district with more than six constituent districts in a county of the fifth class shall be deemed to be domiciled in a district to be designated by the executive county superintendent of schools. These persons shall attend the schools of the designated district and the designated district shall count these pupils in the resident enrollment of the district for all State aid and all federal funds provided under Pub. L. 81-874, 20 U.S.C. s. 236 et seq.

b. The designated district shall be a district that contains within its boundaries a portion of the federal property on which the pupils reside. Not later than 10 days after the effective date of this act, the board of education of any school district that seeks to be designated by the executive county superintendent of schools pursuant to this section shall adopt a resolution by majority vote of its members indicating its interest and the resolution shall be forwarded to the executive county superintendent. Based on a determination of the best interests of the pupils residing on federal property and pupils residing in the districts seeking designation, the executive county superintendent shall, within 30 days of the effective date of this act, certify to the Commissioner of Education which local school district, if any, shall be the designated district. In the event that no board of education adopts a resolution indicating an interest in being designated pursuant to this section, the executive county superintendent shall not designate a district and the pupils residing on the federal property shall attend the schools of the district in which they reside.

c. Notwithstanding the provisions of this section, those pupils residing on federal property prior to October 1, 1987 shall be permitted at the option of each pupil to continue in the school they were attending on September 30, 1987 until graduation from the school. For the purpose of calculating State and federal aid, each pupil who elects to remain shall continue to be included in the resident enrollment of the district in which they reside.

##### **§ 18A:38-7.8a** Enrollment schedule, exceptions. {#sec-18a-38-7.8a omnilex-key=us-nj-statutes--title-18a--18A:38-7.8a}

2. a. Beginning with the 2018-2019 school year, the pupils residing on the federal property described in subsection a. of section 2 of P.L.1988, c.12 (C.18A:38-7.8) shall be enrolled in the schools of the district in which the pupils reside in accordance with an enrollment schedule determined by the executive county superintendent of schools. The enrollment schedule shall provide for the transition, over a period of four school years, of the pupils to enrollment in the schools of the district in which the pupils reside, so that by July 1, 2021 all such pupils are enrolled in the schools of the district in which they reside.

b. Notwithstanding the provisions of subsection a. of this section to the contrary, pupils who attend the designated district pursuant to subsection a. of section 2 of P.L.1988, c.12 (C.18A:38-7.8) on the effective date of P.L.2018, c.13 (C.18A:38-7.8a et al.) shall be permitted at the option of each pupil to continue in the school of the designated district they are attending on that effective date until graduation from the school. For the purpose of calculating State and federal aid, a pupil who elects to remain shall continue to be included in the resident enrollment of the designated district.

##### **§ 18A:38-7.9** Apportionment of State aid, taxes. {#sec-18a-38-7.9 omnilex-key=us-nj-statutes--title-18a--18A:38-7.9}

3. a. In the event the designated district is composed of more than one municipality, when allocating equalized valuations or district incomes, pursuant to the provisions of section 3 of P.L.2007, c.260 (C.18A:7F-45), for the purpose of calculating State aid, persons attending schools in the designated district pursuant to section 2 of this act shall be assigned to each municipality comprising the designated district in direct proportion to the number of persons ordinarily attending school from each municipality in the designated district without considering the persons attending pursuant to this act.

b. In the event the designated district is a constituent district of a limited purpose regional district, when allocating equalized valuations or district incomes, pursuant to the provisions of section 3 of P.L.2007, c.260 (C.18A:7F-45), for the purpose of apportioning the amounts to be raised by taxes for the limited purpose regional district of which the designated district is a constituent district, persons attending schools in the designated district pursuant to section 2 of this act shall not be counted.

##### **§ 18A:38-7.10** Findings, declarations {#sec-18a-38-7.10 omnilex-key=us-nj-statutes--title-18a--18A:38-7.10}

The Legislature finds and declares that all persons of school age who reside on federal property located within this State are entitled under the New Jersey Constitution and the laws of this State to a free public education.

##### **§ 18A:38-7.11** Definition {#sec-18a-38-7.11 omnilex-key=us-nj-statutes--title-18a--18A:38-7.11}

As used in this act, "multi-district federal enclave" means a contiguous piece of federal property which is located entirely or partially within the geographic boundaries of a county of the second class with a population of not less than 315,000 and not more than 400,000 according to the 1980 federal decennial census and which federal property is located within more than one school district.

##### **§ 18A:38-7.12** Multi-district federal enclave {#sec-18a-38-7.12 omnilex-key=us-nj-statutes--title-18a--18A:38-7.12}

Persons of school age who reside in a multi-district federal enclave shall be deemed to be domiciled in a single district to be designated by the county superintendent of schools. Where all persons of school age who reside in a multi-district federal enclave already attend a single district, the county superintendent shall designate that district as the district to be attended by all current and future pupils residing in the multi-district federal enclave. Any person attending on the effective date of this act a school in a district other than a district designated by the county superintendent pursuant to this act shall be permitted to continue in such school until graduation.

##### **§ 18A:38-7.13** Designation of district for pupils residing in multi-district federal enclave. {#sec-18a-38-7.13 omnilex-key=us-nj-statutes--title-18a--18A:38-7.13}

4. The county superintendent of schools shall, within 120 days of the effective date of this act, certify to the Commissioner of Education which local school district shall be the designated district for persons of school age residing in a multi-district federal enclave. The district certified as the designated district shall count all pupils who reside in a multi-district federal enclave in the resident enrollment of the district for all State aid purposes and shall be designated by the commissioner to receive State aid and all federal funds provided under Pub.L.81-874 (20 U.S.C. s.236 et seq.).

For the purposes of calculating State aid pursuant to P.L.2007, c.260 (C.18A:7F-43 et al.), whenever pupils residing in one district are attending the schools of the designated district, the district income of the resident district shall be allocated between the resident district and the designated district in proportion to the number of pupils residing in the resident district attending the schools of the resident district and designated district.

##### **§ 18A:38-7.14** Boundaries, eligibility unaltered {#sec-18a-38-7.14 omnilex-key=us-nj-statutes--title-18a--18A:38-7.14}

Nothing contained in this act shall be construed to alter any existing school district boundary or to alter any district's eligibility for federal funds pursuant to Pub. L. 81-874, 20 U.S.C. s. 237 et seq. or similar subsequent legislation.

##### **§ 18A:38-8** Duty to receive pupils from other districts {#sec-18a-38-8 omnilex-key=us-nj-statutes--title-18a--18A:38-8}

The board of education of any school district having the necessary accommodations may receive, or may be required to receive by order of the state board, pupils from another district not having sufficient accommodations, at rates of tuition fixed as in this article provided.

##### **§ 18A:38-8.1** Representation of board of education of sending district; matters covered. {#sec-18a-38-8.1 omnilex-key=us-nj-statutes--title-18a--18A:38-8.1}

1. In addition to the members of the board of education of a Type I and Type II school district provided by law, in a school district which is receiving pupils from another district or districts pursuant to N.J.S.18A:38-8, there shall be an additional member as provided pursuant to section 2 of this act to represent the board of education of each sending district. Any additional member shall be a member of the board of education of a sending district designated annually by the board of that district and shall be eligible to vote on the following matters before the receiving district board of education:

a. Tuition to be charged the sending district by the receiving district and the bill lists or contracts for the purchase, operation or maintenance of facilities, equipment and instructional materials to be used in the education of the pupils of the sending district;

b. New capital construction to be utilized by sending district pupils;

c. Appointment, transfer or removal of teaching staff members providing services to pupils of the sending district, including any teaching staff member who is a member of the receiving district's central administrative staff;

d. Addition or deletion of curricular and extracurricular programs involving pupils of the sending district;

e. Any matter directly involving the sending district pupils or programs and services utilized by those pupils;

f. Approval of the annual receiving district budget;

g. Any collectively negotiated agreement involving employees who provide services utilized by sending district pupils;

h. Any individual employee contracts not covered by a collectively negotiated agreement, if those employees provide or oversee programs or services utilized by sending district pupils; and

i. Any matter concerning governance of the receiving district board of education including, but not limited to, the selection of the board president or vice-president, approval of board bylaws, and the employment of professionals or consultants such as attorneys, architects, engineers, or others who provide services to the receiving district board of education.

##### **§ 18A:38-8.2** Representation from sending school district to board of receiving district {#sec-18a-38-8.2 omnilex-key=us-nj-statutes--title-18a--18A:38-8.2}

2. A school district which is sending pupils to another school district pursuant to N.J.S.18A:38-8 shall have representation on the board of education of the receiving school district as follows:

a. (1) If the pupils of the sending district comprise less than 10 percent of the total enrollment of the pupils in the grades of the receiving district in which the pupils of the sending district will be enrolled, the sending district shall have no representation on the receiving district board of education.

(2) If the pupils of the sending district comprise at least 10 percent of the total enrollment of the pupils in the grades of the receiving district in which the pupils of the sending district will be enrolled, the sending district shall have one representative on the receiving district board of education.

b. If the total number of pupils of two or more sending districts, which do not qualify for representation under subsection a. of this section, comprise at least 15 percent of the total enrollment of the pupils in the grades of the receiving district in which the pupils of the sending districts will be enrolled, they shall have collectively two representatives on the receiving district board of education. The annual designation of the representatives, in the event more than two districts collectively qualify under this subsection, shall be rotated among the boards of education of the sending districts according to a schedule determined by the joint agreement of the boards.

c. Notwithstanding the provisions of subsections a. and b. of this section, the number of representatives designated by the sending districts to be additional members shall not exceed three additional members on a receiving board with originally nine or more members, two additional members on a receiving board with originally seven or eight members, and one additional member on a receiving board with originally less than seven members. In the event that this restriction results in an unequal representation of sending districts, the annual designation of the representative or representatives shall be rotated among the boards of education of the sending districts according to a schedule determined by the joint agreement of the boards.

d. A representative of a sending district board of education shall be designated at the meeting of the board which is closest in time to the annual organizational meeting of the receiving district board of education and shall serve a one-year term beginning with the organizational meeting of the receiving district board. The representative shall be subject to the rules and procedures of the receiving district board of education.

e. The calculation of percentages required under this section shall be based on the number of pupils reported as of the last school day prior to October 16 of each prebudget year.

##### **§ 18A:38-8.3** Nonapplicability of act {#sec-18a-38-8.3 omnilex-key=us-nj-statutes--title-18a--18A:38-8.3}

3. The provisions of this act shall not apply to sending and receiving relationships which are established exclusively for the purposes of special education.

##### **§ 18A:38-8.4** Board of Education representation of sixth class county school district; certain. {#sec-18a-38-8.4 omnilex-key=us-nj-statutes--title-18a--18A:38-8.4}

1. Notwithstanding the provisions of section 2 of P.L.1995, c.8 (C.18A:38-8.2) or any other law or regulation to the contrary, a school district which is located in a county of the sixth class according to the latest federal decennial census, which has an October 1998 resident enrollment greater than 2,400 pupils but less than 2,600 pupils, and which sends its pupils in grades 9 through 12 to a school district in the same county pursuant to N.J.S.18A:38-8 shall have representation on the board of education of the receiving district as follows:

a. (1) If the pupils of the sending district comprise less than 10% of the total enrollment of the pupils in grades 9 through 12 of the receiving district, the sending district shall have no representation on the receiving district board of education;

(2) If the pupils of the sending district comprise at least 10% but not more than 29% of the total enrollment of the pupils in grades 9 through 12 of the receiving district, the sending district shall have one representative on the receiving district board of education;

(3) If the pupils of the sending district comprise at least 30% but not more than 39% of the total enrollment of the pupils in grades 9 through 12 of the receiving district, the sending district shall have two representatives on the receiving district board of education; and

(4) If the pupils of the sending district comprise at least 40% or more of the total enrollment of the pupils in grades 9 through 12 of the receiving district, the sending district shall have three representatives on the receiving district board of education.

b. The calculation of the percentages required under this section shall be based on the number of pupils reported as of the last school day prior to October 16 of the prebudget year.

c. The representatives of the sending district board of education shall be designated by the sending district board at a meeting of the board which is closest in time to the annual organizational meeting of the receiving district board of education.

d. The representatives of a sending district board of education appointed to a receiving district board of education pursuant to this section shall be in addition to the members of the board of education of a Type I or Type II school district provided pursuant to chapter 12 of Title 18A of the New Jersey Statutes. The representatives of the sending district board of education shall be eligible to vote on those matters authorized pursuant to section 1 of P.L.1995, c.8 (C.18A:38-8.1).

##### **§ 18A:38-9** Attendance in adjoining district because of remoteness from school {#sec-18a-38-9 omnilex-key=us-nj-statutes--title-18a--18A:38-9}

Any child living remote from any public school in the district in which he resides shall be allowed to attend a public school in an adjoining district, with the written consent of the county superintendent or county superintendents of each county in which the districts are situate. One copy of such written consent shall be filed with the secretary of the board of education of the district in which the child resides and one copy thereof shall be filed with the secretary of the board of education of the district in which such child shall attend school.

##### **§ 18A:38-10** Attendance outside of state {#sec-18a-38-10 omnilex-key=us-nj-statutes--title-18a--18A:38-10}

Any board of education of a district may arrange for the attendance of any or all of the pupils of the district in the public school or schools of an adjacent school district outside of the state, if it shall determine that it is advisable so to do in order to secure better school facilities for the pupils or for reasons of economy or other good cause and that it is inadvisable for said pupils to attend public schools in another school district within the state because of the distance to be traveled, the topography of the intervening country, the condition of the roads or the likelihood of unusual hazardous traveling conditions during certain seasons of the year, and if the commissioner shall concur in the determination of the board and give his consent thereto, but the commissioner may withdraw such consent upon reasonable notice whenever the reason or reasons for giving his consent shall cease to exist.

##### **§ 18A:38-11** Designation of high school of another district for attendance by pupils {#sec-18a-38-11 omnilex-key=us-nj-statutes--title-18a--18A:38-11}

The board of education of every school district which lacks high school facilities within the district and has not designated a high school or high schools outside of the district for its high school pupils to attend shall designate a high school or high schools of this state for the attendance of such pupils.

##### **§ 18A:38-12** Allocation and apportionment of pupils among two or more high schools {#sec-18a-38-12 omnilex-key=us-nj-statutes--title-18a--18A:38-12}

Whenever the board of education of a district shall designate two or more high schools without the district for the attendance of its high school pupils it shall, by resolution, allocate and apportion such pupils among the designated high schools and if no such allocation and apportionment has been made prior to the academic year 1943-1944, the actual allocation and apportionment of pupils among said high schools in effect in said academic year shall be effective as such allocation and apportionment but if any board of education of any district which is not now sending pupils to a high school or high schools without the district shall hereafter so designate two or more high schools for said purpose and shall fail to allocate and apportion them by resolution among said high schools, the actual allocation and apportionment of high school pupils made in the first academic year of the designation shall be effective as the allocation and apportionment of such pupils.

##### **§ 18A:38-13** Change in designation, allocation {#sec-18a-38-13 omnilex-key=us-nj-statutes--title-18a--18A:38-13}

No such designation of a high school or high schools and no such allocation or apportionment of pupils thereto, heretofore or hereafter made pursuant to law, shall be changed or withdrawn, nor shall a district having such a designated high school refuse to continue to receive high school pupils from such sending district except upon application made to and approved by the commissioner. Prior to submitting an application the district seeking to sever the relationship shall prepare and submit a feasibility study, considering the educational and financial implications for the sending and receiving districts, the impact on the quality of education received by pupils in each of the districts, and the effect on the racial composition of the pupil population of each of the districts. The commissioner shall make equitable determinations based upon consideration of all the circumstances, including the educational and financial implications for the affected districts, the impact on the quality of education received by pupils, and the effect on the racial composition of the pupil population of the districts. The commissioner shall grant the requested change in designation or allocation if no substantial negative impact will result therefrom.

##### **§ 18A:38-13.1** 5-year minimum {#sec-18a-38-13.1 omnilex-key=us-nj-statutes--title-18a--18A:38-13.1}

Any school district entering into a sending-receiving relationship subsequent to severing a prior sending-receiving relationship pursuant to the provisions of N.J.S. 18A:38-13 shall remain in the subsequent relationship for not less than five years. If, after that five year period that sending-receiving relationship is severed, any student in the sending district shall be permitted to complete his secondary education within the receiving district.

##### **§ 18A:38-14** Appeal from determination of commissioner {#sec-18a-38-14 omnilex-key=us-nj-statutes--title-18a--18A:38-14}

The determination of the commissioner upon any such application may be appealed by the applying board of education or by the board of education of any school district affected thereby to the state board, which may in its discretion affirm, reverse, revise or modify the determination appealed from.

##### **§ 18A:38-15** Attendance at special high school courses of study in another district {#sec-18a-38-15 omnilex-key=us-nj-statutes--title-18a--18A:38-15}

Any board of education not furnishing instruction in a particular high school course of study, which any pupil resident in the district and who has completed the elementary course of study provided therein may desire to pursue, may, in its discretion, pay the tuition of such pupil for instruction in such course of study in a high school of another district.

##### **§ 18A:38-16** Attendance at evening high school in another district {#sec-18a-38-16 omnilex-key=us-nj-statutes--title-18a--18A:38-16}

Any board of education not furnishing instruction in approved evening high school courses, which any pupil in the district may desire to pursue, may, in its discretion, pay the tuition of such pupil in an approved evening high school in another district.

##### **§ 18A:38-17** Attendance outside district for instruction beyond twelfth grade {#sec-18a-38-17 omnilex-key=us-nj-statutes--title-18a--18A:38-17}

Any board of education not furnishing instruction beyond the twelfth grade which any pupil, resident in the district, may desire to pursue, may arrange for the attendance of such pupil in any district where instruction beyond the twelfth grade, under rules prescribed by the commissioner and approved by the state board, is offered to residents and nonresidents of the district.

##### **§ 18A:38-18** High school education in another district; tuition {#sec-18a-38-18 omnilex-key=us-nj-statutes--title-18a--18A:38-18}

Any board of education offering instruction, to residents and nonresidents of the district beyond the twelfth grade, under rules, approved by the commissioner and the state board, may charge tuition for such instruction and any board of education, not furnishing such instruction, may arrange for the attendance, and pay the tuition fees, in whole or in part, of pupils, resident in its district, who desire to obtain such instruction.

##### **§ 18A:38-19** Tuition of pupils attending schools in another district. {#sec-18a-38-19 omnilex-key=us-nj-statutes--title-18a--18A:38-19}

Whenever the pupils of any school district are attending public school in another district, within or without the State, pursuant to this article, the board of education of the receiving district shall determine a tuition rate to be paid by the board of education of the sending district to an amount not in excess of the actual cost per pupil as determined under rules prescribed by the commissioner and approved by the State board, and such tuition shall be paid by the board secretary or treasurer of school moneys, as appropriate, of the sending district out of any moneys in his hands available for current expenses of the district upon order issued by the board of education of the sending district, signed by its president and secretary, in favor of the board secretary or treasurer of school moneys, as appropriate, of the receiving district.

##### **§ 18A:38-20** Additional school facilities; agreement as to tuition {#sec-18a-38-20 omnilex-key=us-nj-statutes--title-18a--18A:38-20}

Whenever a board of education, now or hereafter furnishing elementary and high school education or either thereof for the pupils of another school district, finds it necessary to provide additional facilities for the furnishing of education to such pupils, it may, as a condition precedent to the provision of such additional facilities, enter into an agreement with the board of education of such other district for a term not exceeding 10 years whereby it agrees to provide such education to the pupils of such other district during the term of such agreement, in consideration of the agreement by the board of education of such other district that it will not withdraw its pupils and provide school facilities for them in its own or another district during the term of said agreement except as provided in this article, and that the sending district will provide for the payment of tuition in accordance with section 18A:38-19.

##### **§ 18A:38-21** Termination of agreement concerning tuition as to pupils {#sec-18a-38-21 omnilex-key=us-nj-statutes--title-18a--18A:38-21}

Any board of education which shall have entered into such an agreement may apply to the commissioner for consent to terminate the same, and to cease providing education to the pupils of the other contracting district on the ground that it is no longer able to provide facilities for the pupils of the other district, or to withdraw its pupils from the schools of the other contracting district and provide educational facilities for them in its own or another district on the ground that the board of education of the receiving district is not providing school facilities and an educational program suitable to the needs of the pupils of the sending district or that the board of education of the receiving district will not be seriously affected educationally or financially by their withdrawal.

##### **§ 18A:38-21.1** Termination of sending-receiving relationship. {#sec-18a-38-21.1 omnilex-key=us-nj-statutes--title-18a--18A:38-21.1}

1. a. Notwithstanding the provisions of N.J.S.18A:38-13 and N.J.S.18A:38-21, any board of education which sends students to another school district may terminate a sending-receiving relationship pursuant to the following conditions:

(1) The resident enrollment of the receiving district shall represent more than 95% of the total student enrollment attending the receiving district and the number of students from the sending district who attend the receiving district shall represent less than three percent of the total student enrollment attending the receiving district. Enrollments shall be determined using resident enrollment figures compiled in October of the preceding school year;

(2) The sending district shall agree to join a regional school district subsequent to the termination of its sending-receiving relationship;

(3) Any secondary school student in the sending district at the time of termination of the sending-receiving relationship shall be permitted to complete his secondary education within the receiving district. The sending-receiving relationship shall be continued for these students;

(4) The termination will not significantly disrupt the racial composition of the sending and receiving school districts; and

(5) A petition of the sending district to terminate the sending-receiving relationship has not been denied since January 1, 1988 by the Commissioner of Education, the State Board of Education, or the New Jersey courts for reasons which include the impact on the racial composition of the pupil population of the districts.

b. Any school district which meets the conditions of subsection a. of this section must take final action to terminate its sending-receiving relationship within three years following the effective date of this act.

c. Any school district which has taken final action to terminate its sending-receiving relationship pursuant to this section shall notify the receiving school district no later than December 1 of the school year prior to the school year in which the termination is to occur. Termination of the sending-receiving relationship shall not occur until the sending district has been admitted to an existing regional school district pursuant to N.J.S.18A:13-43 and N.J.S.18A:13-44, or subsection d. of this section, or has become part of a newly formed all purpose regional district pursuant to N.J.S.18A:13-34 and N.J.S.18A:13-35.

d. Notwithstanding the provisions of N.J.S.18A:13-43 and N.J.S.18A:13-44, upon the effective date of P.L.1996, c.91 (C.18A:38-21.1), a school district which meets the conditions of subsection a. of this section shall be admitted to an existing regional school district upon the adoption of a resolution by its board of education and the board of education of the regional school district approving the inclusion of the school district within the regional district. Copies of the resolutions shall be forwarded to the county superintendent or superintendents of the counties in which the districts are situate. The county superintendent or superintendents shall notify the commissioner and the enlargement of the regional district by the admission of the proposed constituent district shall become effective on the 20th day following the adoption of the resolutions.

e. Notwithstanding the provisions of N.J.S.18A:13-8, N.J.S.18A:13-36, and N.J.S.18A:13-46, the board of education of a regional school district which admits a new constituent school district by resolution pursuant to the provisions of subsection d. of this section shall be composed of 11 members unless the regional district consists of more than 11 members. One of the additional board members shall represent the new constituent district and shall be appointed by the county superintendent of the county in which the new constituent district is situate. The second additional member shall be apportioned among the other constituent districts of the regional school district as determined by the county superintendent or superintendents of the county or counties in which the constituent local districts of the enlarged district are situate. The members so appointed shall serve until the first Monday succeeding the first annual school election of the enlarged regional district and their successors shall be elected at that election.

##### **§ 18A:38-22** Hearing on application for termination of agreement {#sec-18a-38-22 omnilex-key=us-nj-statutes--title-18a--18A:38-22}

Upon the making of any such application, an opportunity to be heard before the commissioner shall be given to the board of education of the other district before any determination is made by the commissioner, and if the commissioner finds that there are good grounds for the application, as provided in this article, he shall give his consent, and the applying board of education shall thereupon be entitled to terminate the agreement in accordance therewith but the commissioner's determination shall be subject to appeal to the state board.

##### **§ 18A:38-23** Pupils not excluded for nonpayment of tuition; withdrawal of pupils {#sec-18a-38-23 omnilex-key=us-nj-statutes--title-18a--18A:38-23}

Whenever at the beginning of or during a school year a board of education receives pupils from another district on a tuition basis, it shall not exclude during that year any such pupils because of the nonpayment of tuition if the sending board delivers to the receiving board a school warrant in accordance with the terms of the contract or agreement between such boards. Such warrant shall bear interest at the legal rate. The board of education sending the pupils to said district shall not withdraw any such pupils during the year without the consent of the receiving board.

##### **§ 18A:38-24** Attendance of pupils at demonstration schools {#sec-18a-38-24 omnilex-key=us-nj-statutes--title-18a--18A:38-24}

Any pupil may with the consent of the board of education of the district in which he resides and of the commissioner be admitted to any demonstration school maintained in connection with any State college. The board of education of the district and the board of trustees of the State college shall determine the amount to be paid for the education of the pupil, and the board of education of the district shall pay the amount so determined to the treasurer of the college out of any money available for the current expenses of the district. Pupils attending such demonstration schools for whom tuition is paid by the sending district shall be counted in the determination of State aid for the school district in the same manner as pupils attending schools in any school district other than the sending district.

##### **§ 18A:38-25** Attendance required of children between six and 16; exceptions {#sec-18a-38-25 omnilex-key=us-nj-statutes--title-18a--18A:38-25}

Every parent, guardian or other person having custody and control of a child between the ages of six and 16 years shall cause such child regularly to attend the public schools of the district or a day school in which there is given instruction equivalent to that provided in the public schools for children of similar grades and attainments or to receive equivalent instruction elsewhere than at school.

##### **§ 18A:38-25.1** "Chronically absent" students, corrective action plan. {#sec-18a-38-25.1 omnilex-key=us-nj-statutes--title-18a--18A:38-25.1}

2. a. As used in this section, "chronically absent" shall be defined in rules and regulations promulgated by the Commissioner of Education within 90 days of the effective date of P.L.2018, c.23 (C.18A:38-25.1 et al.).

b. In the event that 10 percent or more of the students enrolled in a public school are chronically absent, the school shall develop a corrective action plan to improve absenteeism rates. The corrective action plan shall include, but need not be limited to, the following:

(1) identifying problems and barriers to school attendance;

(2) developing recommendations to address the problems and barriers to school attendance that have been identified;

(3) outlining communication strategies to educate and inform parents on the importance of school attendance;

(4) establishing protocols on informing and engaging parents when a child begins to show a pattern of absences; and

(5) reviewing school policies to ensure that they support improved school attendance.

In developing the corrective action plan, the school shall solicit input from parents of students currently attending the school. The solicitation shall include, at a minimum, a parental survey that includes questions related to parents' beliefs regarding the reasons why students are chronically absent and recommendations on the best ways to improve attendance. In developing the corrective action plan, the school shall engage the school's parent organization, if one exists, in identifying the causes of the school's high absenteeism rate and possible solutions. If there is no parent organization at the school, the school shall hold a public meeting to provide parents with an opportunity to provide input during the development of the corrective action plan.

c. The school shall present the corrective action plan to the board of education. The school shall annually review and revise the corrective action plan, and present the revisions to the board, until the percentage of students who are chronically absent is less than 10 percent.

##### **§ 18A:38-25.2** Annual review. {#sec-18a-38-25.2 omnilex-key=us-nj-statutes--title-18a--18A:38-25.2}

3. The Commissioner of Education shall annually review the chronic absenteeism rates of each school and school district, as included on the School Report Cards issued pursuant to section 2 of P.L.1995, c.235 (C.18A:7E-2), and report on the rates to the State Board of Education.

##### **§ 18A:38-26** Days when attendance required; exceptions {#sec-18a-38-26 omnilex-key=us-nj-statutes--title-18a--18A:38-26}

Such regular attendance shall be during all the days and hours that the public schools are in session in the district, unless it is shown to the satisfaction of the board of education of the district that the mental condition of the child is such that he cannot benefit from instruction in the school or that the bodily condition of the child is such as to prevent his attendance at school, but nothing herein shall be construed as permitting the temporary or permanent exclusion from school by the board of education of any district of any child between the ages of five and 20, except as explicitly otherwise provided by law.

##### **§ 18A:38-27** Truancy and juvenile delinquency defined {#sec-18a-38-27 omnilex-key=us-nj-statutes--title-18a--18A:38-27}

Any child between the ages of six and 16 years who shall repeatedly be absent from school, and any child of such age found away from school during school hours whose parent, guardian or other person having charge and control of the child is unable to cause him to attend school and any pupil who is incorrigible, actually vagrant, vicious, or immoral in conduct, shall be deemed to be a juvenile delinquent and shall be proceeded against as such.

##### **§ 18A:38-28** Truants; return to parents or school {#sec-18a-38-28 omnilex-key=us-nj-statutes--title-18a--18A:38-28}

Any attendance officer who shall find any child between six and 16 years of age who is a truant from school, shall take the child and deliver him to the parent, guardian or other person having charge and control of the child, or to the teacher of the school which such child is lawfully required to attend.

##### **§ 18A:38-29** Warning and arrest of vagrants or habitual truants {#sec-18a-38-29 omnilex-key=us-nj-statutes--title-18a--18A:38-29}

The attendance officer shall examine into all violations of this article, shall warn any child violating any of the provisions of this article and the parent, guardian or other person having charge and control of the child of the consequences of the violation if persisted in, and shall notify such person in writing to cause the child to attend school within five days from the date on which notice is served, and regularly thereafter. The attendance officer shall have full police power to enforce the provisions of this article and may arrest without warrant any vagrant child or habitual truant or any child who is habitually incorrigible or who is vicious or immoral in conduct or illegally absent from school.

##### **§ 18A:38-30** Assistance of sheriffs, police officers, etc. {#sec-18a-38-30 omnilex-key=us-nj-statutes--title-18a--18A:38-30}

The sheriff and his officers and all police officers and constables shall assist attendance officers in the performance of their duties.

##### **§ 18A:38-31** Failure to comply with provisions of article; fine {#sec-18a-38-31 omnilex-key=us-nj-statutes--title-18a--18A:38-31}

A parent, guardian or other person having charge and control of a child between the ages of 6 and 16 years, who shall fail to comply with any of the provisions of this article relating to his duties, shall be deemed to be a disorderly person and shall be subject to a fine of not more than $25.00 for a first offense and not more than $100.00 for each subsequent offense, in the discretion of the court.

In any such proceeding, the summons issuing therein, or in special circumstances a warrant, shall be directed to the alleged disorderly person and the child.

##### **§ 18A:38-32** District and county vocational school attendance officers {#sec-18a-38-32 omnilex-key=us-nj-statutes--title-18a--18A:38-32}

For the purpose of enforcing the provisions of this article, the board of education of each school district and the board of education of each county vocational school shall appoint a suitable number of qualified persons to be designated as attendance officers, and shall fix their compensation; except that if a county attendance officer or officers are appointed for any county, any district board of education of such county may be exempt from the appointment of a local attendance officer if such exemption is approved by the county superintendent. Each board shall make rules not inconsistent with the provisions of this article and subject to the approval of the commissioner, for the government of the attendance officers.

##### **§ 18A:38-33** Tenure of attendance officers in city districts {#sec-18a-38-33 omnilex-key=us-nj-statutes--title-18a--18A:38-33}

The services of all attendance officers of the public schools of a city district shall, after employment in such district for one year, be under tenure during good behavior and efficiency and they shall not be dismissed or reduced in compensation except for inefficiency, conduct unbecoming an officer, or other just cause, and only in the manner prescribed by subarticle B of article 2 of chapter 6 of this title.

##### **§ 18A:38-34** Attendance officers in counties other than counties of first class; duties; terms; salaries {#sec-18a-38-34 omnilex-key=us-nj-statutes--title-18a--18A:38-34}

Whenever a majority of the boards of education of any county other than counties of the first class has by resolution requested the appointment of a county attendance officer or officers and, upon investigation, the commissioner and the state board shall deem the appointment of a county attendance officer or officers to be for the best interest of the schools of that county, the commissioner shall appoint, subject to the approval of the state board, a suitable person or persons to be known as the county attendance officer or officers for the county who shall perform in all districts of the county exclusive of city school districts such duties as may be prescribed by rules of the state board. Each county attendance officer shall have the same power to enforce the compulsory school law and rules connected therewith as is conferred upon attendance officers appointed by local boards of education. If any such person so appointed a county attendance officer is in possession of a proper visiting teacher's certificate, in full force and effect, such county attendance officer shall be designated "home and school counsellor," and such "home and school counsellor," in addition to the powers of a county attendance officer, shall have all the powers of a visiting teacher. The term of office of such county attendance officer shall be for one year and the commissioner shall fix the salary of such county attendance officer or officers with the approval of the state board.

##### **§ 18A:38-35** Salaries and expenses of county attendance officers {#sec-18a-38-35 omnilex-key=us-nj-statutes--title-18a--18A:38-35}

The salary of each county attendance officer shall be paid as other state salaries are paid. The director of the division of budget and accounting shall on order of the commissioner draw his warrant for such salary on the state treasurer. All claims for the expenses of a county attendance officer shall be paid after being audited by the county superintendent on orders issued by the county superintendent and drawn on the county treasurer. The expenses for each such officer shall not exceed in any one year the sum of $700.00.

##### **§ 18A:38-36** Employment certificates to part-time pupils; revocation {#sec-18a-38-36 omnilex-key=us-nj-statutes--title-18a--18A:38-36}

The commissioner of education and the commissioner of labor and industry may issue employment certificates to pupils over 14 years of age who study part time in elementary or high school grades or in public vocational schools, to work part time in factories, workshops, mills, and all places where the manufacture of goods is carried on designated by the board of education, which employment shall be considered as a part of the schooling of such children and shall conform to state and federal rules and regulations for the employment of youth.

The commissioner of education or the commissioner of labor may revoke the certificate at any time without assigning cause.

## **Chapter 39** {#struct-chapter-39}

##### **§ 18A:39-1** Transportation of pupils remote from school. {#sec-18a-39-1 omnilex-key=us-nj-statutes--title-18a--18A:39-1}

Whenever in any district there are elementary school pupils who live more than two miles from their public school of attendance or secondary school pupils who live more than 2 1/2 miles from their public school of attendance, the district shall provide transportation to and from school for these pupils.

When any school district provides any transportation for public school pupils to and from school pursuant to this section, transportation shall be supplied to school pupils residing in such school district in going to and from any remote school other than a public school, not operated for profit in whole or in part, located within the State not more than 20 miles from the residence of the pupil; except that if the district is located in a county of the third class with a population of not less than 80,000 and not more than 120,000 transportation shall be provided to a nonpublic school located outside the State not more than 20 miles from the residence of the pupil, if there is no appropriate nonpublic school within the State located closer to the residence of the pupil; provided the per pupil cost of the lowest bid received does not exceed $675 for the 1992-93 school year or the amount determined for subsequent years pursuant to section 2 of P.L.1981, c.57 (C.18A:39-1a), and if such bid shall exceed that cost then the parent, guardian or other person having legal custody of the pupil shall be eligible to receive $675 for the 1992-93 school year or the amount determined pursuant to section 2 of P.L.1981, c.57 (C.18A:39-1a) for subsequent years toward the cost of his transportation to a qualified school other than a public school, regardless of whether such transportation is along established public school routes. It shall be the obligation of the parent, guardian or other person having legal custody of the pupil attending a remote school, other than a public school, not operating for profit in whole or in part, to register said pupil with the office of the secretary of the board of education at the time and in the manner specified by rules and regulations of the State board in order to be eligible for the transportation provided by this section. If the registration of any such pupil is not completed by September 1 of the school year and if it is necessary for the board of education to enter into a contract establishing a new route in order to provide such transportation, then the board shall not be required to provide it, but in lieu thereof the parent, guardian or other person having legal custody of the pupil shall be eligible to receive $675 or the amount determined pursuant to section 2 of P.L.1981, c.57 (18A:39-1a), or an amount computed by multiplying 1/180 times the number of school days remaining in the school year at the time of registration, times $675 for the 1992-93 school year or the amount determined pursuant to section 2 of P.L.1981, c.57 (C.18A:39-1a) for subsequent years, whichever is the smaller amount. Whenever any regional school district provides any transportation for pupils attending schools other than public schools pursuant to this section, said regional district shall assume responsibility for the transportation of all such pupils, and the cost of such transportation for pupils below the grade level for which the regional district was organized shall be prorated by the regional district among the constituent districts on a per pupil basis, after approval of such costs by the county superintendent. This section shall not require school districts to provide any transportation for pupils attending a school other than a public school, where the only transportation presently provided by said district is for school children transported pursuant to chapter 46 of Title 18A of the New Jersey Statutes or for pupils transported to a vocational, technical or other public school offering a specialized program. Any transportation to a school, other than a public school, shall be pursuant to the same rules and regulations promulgated by the State board as governs transportation to any public school.

The board of education may make rules and contracts for the pupil transportation provided pursuant to this section.

Nothing in this section shall be so construed as to prohibit a board of education from making contracts for the transportation of pupils to a school in an adjoining district, when such pupils are transferred to the district by order of the county superintendent, or when any pupils shall attend school in a district other than that in which they shall reside by virtue of an agreement made by the respective boards of education.

Nothing herein contained shall limit or diminish in any way any of the provisions for transportation for children pursuant to chapter 46 of this Title.

##### **§ 18A:39-1a** Adjustment of non-public school transportation costs. {#sec-18a-39-1a omnilex-key=us-nj-statutes--title-18a--18A:39-1a}

2. For the 2002-2003 school year, the maximum amount of nonpublic school transportation costs per pupil provided for in N.J.S.18A:39-1 shall equal $735 and this amount shall be increased in each subsequent year in direct proportion to the increase in the State transportation aid per pupil in the year prior to the prebudget year compared to the amount for the prebudget year or by the CPI, whichever is greater.

As used in this section, State transportation aid per pupil shall equal the total State transportation aid payments made pursuant to section 15 of P.L.2007, c.260 (C.18A:7F-57) divided by the number of pupils eligible for transportation. "CPI" means the average annual increase, expressed as a decimal, in the consumer price index for the New York City and Philadelphia areas during the fiscal year preceding the prebudget year as reported by the United States Department of Labor.

In the 2002-2003 school year and thereafter, any additional costs incurred by a school district due to the increase in the maximum amount of nonpublic school transportation costs per pupil pursuant to this section shall be borne by the State.

##### **§ 18A:39-1b** Furnishing of district information {#sec-18a-39-1b omnilex-key=us-nj-statutes--title-18a--18A:39-1b}

3. Each school district shall furnish to the Department of Education the information necessary for the department to complete a comparison of transportation costs, so that equitable adjustments may be made in the amount of the payments in lieu of transportation required pursuant to N.J.S.18A:39-1.

##### **§ 18A:39-1c** Waiver for pupil transportation services under certain circumstances. {#sec-18a-39-1c omnilex-key=us-nj-statutes--title-18a--18A:39-1c}

1. a. Notwithstanding the provisions of N.J.S.18A:39-1 or any other section of law to the contrary, a school district shall not be required to provide transportation services for the school year to an elementary school pupil who lives more than two miles from his public school of attendance or to a secondary school pupil who lives more than 2 1/2 miles from his public school of attendance if the pupil's parent or guardian signs a written statement that the pupil waives transportation services for that school year. The written statement shall be in such form as determined by the Department of Education.

b. In the event that a parent or guardian signs a waiver pursuant to subsection a. of this section, the school district shall develop a policy for the provision of transportation services to the pupil in the case of a family or economic hardship.

##### **§ 18A:39-1d** Definitions relative to nonpublic school pupil transportation pilot program. {#sec-18a-39-1d omnilex-key=us-nj-statutes--title-18a--18A:39-1d}

1. a. As used in this section:

"Consortium" means a group of nonpublic schools which enroll pupils for whom an eligible district is required to provide transportation pursuant to N.J.S.18A:39-1 and which enter into an agreement to form a consortium for the purpose of participating in the pilot program established pursuant to this section.

"Eligible district" means a school district which in the most recent school year prior to the effective date of P.L.2016, c.22 (C.18A:39-1d), supplied transportation to more than 5,000 pupils residing in the school district in going to and from any remote school other than a public school pursuant to the provisions of N.J.S.18A:39-1.

b. The Commissioner of Education shall establish a three-year nonpublic school pupil transportation pilot program. Notwithstanding any section of law to the contrary, under the pilot program, a board of education of an eligible district shall disburse to the consortium an amount equal to the aid in-lieu-of transportation amount for each nonpublic school pupil who is attending a nonpublic school which is a part of the consortium and who is required to be transported by the eligible district pursuant to N.J.S.18A:39-1. The consortium shall assume the responsibilities of the eligible district under N.J.S.18A:39-1 for transporting to and from school the pupils for whom the consortium received an aid in-lieu-of transportation amount under the pilot program. If the per pupil cost of the lowest bid received exceeds the aid in-lieu-of transportation amount, then the parent or guardian of the student shall be eligible to receive the aid in-lieu-of transportation amount from the consortium for that school year. If after providing the required pupil transportation any of the disbursed funds remain unspent, the consortium, as it deems appropriate, may provide courtesy busing to pupils who are residents of the eligible district and are attending the nonpublic schools of the consortium. The consortium shall refund annually to the school district after the completion of the school year any unexpended funds received pursuant to the pilot program.

c. The commissioner shall designate one eligible district to participate in the pilot program. In order to participate in the pilot program, the eligible district shall:

(1) provide to the commissioner the necessary assurances that the consortium is capable of complying with the consortium's pupil transportation responsibilities under the pilot program; and

(2) agree as a condition of participation in the pilot program to not provide any courtesy busing to nonpublic school pupils who reside in the eligible district.

d. The State monitor appointed pursuant to section 2 of P.L.2006, c.15 (C.18A:7A-55) shall annually enter into a contract with an independent entity to audit the implementation of the pilot program. The audit for the prior school year shall be submitted to the State monitor no later than December 1 of each year, and the State monitor shall transmit a copy of the audit to the Commissioner of Education. If a State monitor has not been appointed, then the board of education shall be responsible for carrying out the provisions of this subsection.

e. There shall be established an oversight committee to oversee the operations of the consortium in implementing the pilot program. The oversight committee shall consist of five members including: one member appointed by the State monitor if a State monitor has been appointed, or by the board of education if a State monitor has not been appointed; and four members appointed by the commissioner, one of whom shall represent a nonpublic school which is part of the consortium.

f. Two years following the establishment of the pilot program, the commissioner shall submit a report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). The report shall contain information on the implementation of the pilot program and shall include the commissioner's recommendation on the advisability of continuing the program and expanding the program Statewide.

g. The State Board of Education shall promulgate rules pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of this act in a manner that comports with the provisions of the State and federal Constitutions. The rules shall include, but need not be limited to, the process and schedule for the disbursement of funds by the eligible district to the consortium.

##### **§ 18A:39-1.1** Transportation of other pupils by board. {#sec-18a-39-1.1 omnilex-key=us-nj-statutes--title-18a--18A:39-1.1}

In addition to the provision of transportation for pupils pursuant to N.J.S.18A:39-1 and N.J.S.18A:46-23, the board of education of any district may provide, by contract or otherwise, in accordance with law and the rules and regulations of the State board, for the transportation of other pupils to and from school.

Districts shall not receive State transportation aid pursuant to section 15 of P.L.2007, c.260 (C.18A:7F-57) for the transportation of pupils pursuant to this section.

##### **§ 18A:39-1.2** Provision of transportation for certain pupils; contracts; charges, method of collection. {#sec-18a-39-1.2 omnilex-key=us-nj-statutes--title-18a--18A:39-1.2}

Whenever the governing body of a municipality finds that for safety reasons it is desirable to provide transportation to and from a school for pupils living within the municipality, other than those living remote from the school or those with a physical or intellectual disability, the governing body and the board of education of the district are authorized to enter into a contract pursuant to P.L.2007, c.63 (C.40A:65-1 et al.), under the terms of which the board shall provide such transportation. Any funds required to be paid by the municipality to the board of education under such a contract shall be appropriated by the governing body and paid to the secretary or treasurer of school moneys, as appropriate, of the district. The governing body of the municipality may charge the parents or guardians of children who are transported for safety reasons in order to help defray expenses, provided that no charge shall be imposed on the parent or guardian of any child who meets the Statewide eligibility standards established by the State Board of Education for free and reduced price meals under the State school lunch program. The amount of any charges and the method of collection shall be specified in the contract between the municipal governing body and the board of education. Nothing in this section shall prevent a board of education from providing transportation at its own expense.

##### **§ 18A:39-1.3** Contract for transportation of certain pupils; costs. {#sec-18a-39-1.3 omnilex-key=us-nj-statutes--title-18a--18A:39-1.3}

1. Any board of education which transports pupils to and from school pursuant to N.J.S.18A:39-1 or a cooperative transportation services agency may enter into a contract for the transportation of public school pupils who are not eligible for transportation services pursuant to N.J.S.18A:39-1 or any other law, and may require that if the parent, guardian or other person having legal custody of the child elects to have the pupil transported pursuant to the contract, then the parent, guardian or other person having legal custody of the child shall pay all or a part of the costs of that transportation, including, but not limited to, the cost of fuel, driver salaries and insurance. A board of education or a cooperative transportation services agency may also enter into a contract for the transportation of pupils who attend not for profit nonpublic schools and who are not eligible for transportation services pursuant to N.J.S.18A:39-1 or any other law or who receive in-lieu-of transportation payments, and may require that if the parent, guardian or other person having legal custody of the child elects to have the pupil transported pursuant to the contract, then the parent, guardian or other person having legal custody of the child shall pay all or a part of the costs of that transportation, including, but not limited to, the cost of fuel, driver salaries and insurance.

The costs of the transportation shall be paid at the time and in the manner determined by the board of education or the cooperative transportation services agency, provided that the parent, guardian or other person having legal custody of the pupil attending the public or nonpublic school shall pay no more than the per pupil cost of the route for the transportation provided pursuant to this section.

Boards of education shall not receive State transportation aid pursuant to section 15 of P.L.2007, c.260 (C.18A:7F-57) for the transportation of pupils pursuant to this section; however, the pupils shall be included in the calculation of the district's regular vehicle capacity utilization for purposes of the application of the incentive factor pursuant to that section.

A board of education shall notify the Department of Education when it elects to provide transportation for pupils under the provisions of this act.

##### **§ 18A:39-1.4** Determination of financial hardship {#sec-18a-39-1.4 omnilex-key=us-nj-statutes--title-18a--18A:39-1.4}

2. A board of education which enters into a contract for the transportation of pupils pursuant to section 1 of this act may not exclude from this transportation any pupil whose parent, legal guardian or other person having legal custody of the child is unable to pay the cost of that transportation because of financial hardship. In determining financial hardship, the criteria shall be the same as the Statewide eligibility standards established by the State Board of Education for free and reduced price meals under the State school lunch program.

##### **§ 18A:39-1.5** Adoption of policy regarding transportation of students who walk along hazardous routes. {#sec-18a-39-1.5 omnilex-key=us-nj-statutes--title-18a--18A:39-1.5}

2. a. A school district that provides courtesy busing services shall adopt a policy regarding the transportation of students who must walk to and from school along hazardous routes. The policy shall include a list of hazardous routes in the district requiring the courtesy busing of students and the criteria used in designating the hazardous routes. In adopting its policy, the school district may consider, but shall not be limited to, the following criteria:

(1) Population density;

(2) Traffic volume;

(3) Average vehicle velocity;

(4) Existence or absence of sufficient sidewalk space;

(5) Roads and highways that are winding or have blind curves;

(6) Roads and highways with steep inclines and declines;

(7) Drop-offs that are in close proximity to a sidewalk;

(8) Bridges or overpasses that must be crossed to reach the school;

(9) Train tracks or trestles that must be crossed to reach the school; and

(10) Busy roads or highways that must be crossed to reach the school.

b. A school district shall work in conjunction with municipal officials in determining the criteria necessary for the designation of a hazardous route.

##### **§ 18A:39-1.6** Transportation of nonpublic school students, remote, certain. {#sec-18a-39-1.6 omnilex-key=us-nj-statutes--title-18a--18A:39-1.6}

1. As used in this section, "regional district" means a regional school district composed of only two constituent municipalities or a consolidated school district composed of only two municipalities.

Notwithstanding any provision of N.J.S.18A:39-1 to the contrary, if a school district provides transportation to and from school to a school pupil who resides remote from school and attends a nonpublic school located within the State not more than 20 miles from the residence of the pupil, or in the case of a regional district provides transportation or an in-lieu-of-payment to such pupil, the school district or regional district shall provide transportation, when seats are available on existing routes, or an in-lieu-of payment to all nonpublic school pupils who reside within the municipality of that pupil or in the case of a regional district reside within the district, attend that school, and reside more than 20 miles from that school. The school district may require all nonpublic school pupils in the municipality or regional district to use the bus stops which serve the pupils whose residences are not more than 20 miles from the nonpublic school. Any cost incurred by a school district or a regional district in providing transportation or an in-lieu-of payment to a pupil who is eligible for the transportation or an in-lieu-of payment under the provisions of this section shall not exceed the maximum cost per pupil established pursuant to section 2 of P.L.1981, c.57 (C.18A:39-1a), and shall be paid by the State.

##### **§ 18A:39-1.7** Purchase of transportation by nonpublic school pupils; conditions. {#sec-18a-39-1.7 omnilex-key=us-nj-statutes--title-18a--18A:39-1.7}

1. A board of education responsible for the transportation of public school pupils to and from school pursuant to N.J.S.18A:39-1 or a cooperative transportation services agency as identified by the Commissioner of Education may permit nonpublic school pupils who live in or outside of the district and who are not eligible for pupil transportation pursuant to N.J.S.18A:39-1 because the distance from the pupil's residence to the nonpublic school is greater than the mileage limit established pursuant to N.J.S.18A:39-1 or any other law to purchase transportation to the nonpublic school from the board of education or the cooperative transportation services agency provided that:

a. there is available space on the appropriate bus route; and

b. the parent, guardian or other person having legal custody of the pupil attending the nonpublic school agrees to transport the pupil to an existing bus stop as determined by the board of education or the cooperative transportation services agency.

The parent, guardian or other person having legal custody of the pupil attending the nonpublic school shall pay no more than the per pupil cost of the route for the transportation provided pursuant to this section. The costs of the transportation shall be paid at the time and in the manner determined by the board of education or cooperative transportation services agency.

A board of education or the cooperative transportation services agency shall notify the Department of Education when it elects to provide transportation for pupils under the provisions of this section.

Boards of education shall not receive State transportation aid pursuant to section 15 of P.L.2007, c.260 (C.18A:7F-57) for the transportation of pupils pursuant to this section; however these pupils shall be included in the calculation of the district's regular vehicle capacity utilization for purposes of the application of the incentive factor pursuant to that section.

Prior to providing transportation pursuant to this section to a nonpublic school pupil who lives within the district, a board of education shall determine if the pupil is eligible for transportation or an in-lieu-of payment pursuant to section 1 of P.L.1999, c.350 (C.18A:39-1.6). If the board of education determines that the pupil is eligible for transportation or an in-lieu-of payment pursuant to section 1 of P.L.1999, c.350 (C.18A:39-1.6), then that provision of law shall govern the transportation services provided to the pupil by the board of education.

##### **§ 18A:39-1.8** Payment by parents for transportation of certain pupils. {#sec-18a-39-1.8 omnilex-key=us-nj-statutes--title-18a--18A:39-1.8}

1. Any board of education which transports pupils to and from school pursuant to N.J.S.18A:39-1 may provide, on a space-available basis, for the transportation of elementary school pupils who live less than two miles from school and secondary school pupils who live less than two and a half miles from school along an established school bus route, and may require that if the parent, guardian or other person having legal custody of the child elects to have the pupil transported, the parent, guardian or other person having legal custody of the child shall pay all or a part of the costs of that transportation. A board of education may also provide, on a space-available basis, for the transportation of elementary school pupils who live less than two miles and secondary school pupils who live less than two and a half miles from any not for profit nonpublic school which satisfies the maximum distance requirements set forth in N.J.S.18A:39-1 along an established school bus route, and may require that if the parent, guardian or other person having legal custody of the child elects to have the pupil transported, the parent, guardian or other person having legal custody of the child shall pay all or a part of the costs of that transportation. The costs of the transportation shall be paid at the time and in the manner determined by the board of education, provided that the costs shall be equitable for both public and nonpublic pupils.

A board of education shall notify the Department of Education when it elects to provide transportation for pupils under the provisions of this act.

##### **§ 18A:39-1.9** Payment not required based on financial hardship. {#sec-18a-39-1.9 omnilex-key=us-nj-statutes--title-18a--18A:39-1.9}

2. A board of education which provides for the transportation of pupils pursuant to section 1 of this act may not exclude from this transportation any pupil whose parent, legal guardian or other person having legal custody of the child is unable to pay the costs of that transportation because of financial hardship. In determining financial hardship, the criteria shall be the same as the Statewide eligibility standards established by the State Board of Education for free and reduced price meals under the State school lunch program.

##### **§ 18A:39-2** Methods of providing transportation {#sec-18a-39-2 omnilex-key=us-nj-statutes--title-18a--18A:39-2}

Any board of education having power to provide for the transportation of school pupils in its district to and from school may provide such transportation by a bus or buses owned by it or may enter into contract for such transportation, approved by the county superintendent, for a term not exceeding 4 years.

All multiyear contracts made pursuant to the above taking effect subsequent to September 1, 1975 may, at the discretion of the local board of education, and subject to approval by the county superintendent, be increased not to exceed 7 1/2 annually of the original yearly contract cost beginning with the second year of the contract.

##### **§ 18A:39-2.1** Interdistrict transportation bidding procedure {#sec-18a-39-2.1 omnilex-key=us-nj-statutes--title-18a--18A:39-2.1}

Any board of education of a school district providing transportation for any child pursuant to N.J.S. 18A:46-23 to and from any other school district, may solicit any bid therefor, on a per pupil, per vehicle or per mileage basis, whichever is least costly to the school district of the board. The board may award any contract therefor pursuant to the provisions of chapter 39 of Title 18A of the New Jersey Statutes. Any adjustment in price authorized under the contract may be made on a per pupil, per vehicle or per mileage basis, whichever is least costly to the school district.

##### **§ 18A:39-2.2** Determination of cost efficiencies by combining public, nonpublic school bus routes. {#sec-18a-39-2.2 omnilex-key=us-nj-statutes--title-18a--18A:39-2.2}

2. A county superintendent of schools, during the approval process of pupil transportation contracts conducted pursuant to N.J.S.18A:39-2, shall examine the contract to determine whether cost efficiencies could be realized by combining public and nonpublic school pupils on the same school bus routes.

##### **§ 18A:39-3** Pupil transportation contracts. {#sec-18a-39-3 omnilex-key=us-nj-statutes--title-18a--18A:39-3}

a. No contract for the transportation of pupils to and from school shall be made, when the amount to be paid during the school year for such transportation shall exceed $7,500.00 or the amount determined pursuant to subsection b. of this section, and have the approval of the executive county superintendent of schools, unless the board of education making such contract shall have first publicly advertised for bids therefor in a newspaper published in the district or, if no newspaper is published therein, in a newspaper circulating in the district, once, at least 10 days prior to the date fixed for receiving proposals for such transportation, and shall have awarded the contract to the lowest responsible bidder.

Nothing in this chapter shall require the advertisement and letting on proposals or bids of annual extensions, approved by the executive county superintendent, of any contract for transportation entered into through competitive bidding when--

(1) Such annual extensions impose no additional cost upon the board of education, regardless of the fact that the route description has changed; or

(2) The increase in the contractual amount as a result of such extensions does not exceed the rise in the Consumer Price Index as defined in section 3 of P.L.2007, c.260 (C.18A:7F-45) for that school year, regardless of the fact that the route description has changed or an aide has been added or removed; or

(3) (Deleted by amendment, P.L.1982, c.74.)

(4) The increase in the contractual amount as a result of an extension exceeds the rise in the Consumer Price Index as defined in section 3 of P.L.2007, c.260 (C.18A:7F-45) for that school year, but the following apply to the extensions:

(a) The increase is directly attributable to a route change to accommodate new student riders or safety concerns as provided for in the original bid, or the increase is directly attributable to the addition of an aide as provided for in the original bid; and

(b) The school destination remains unchanged from the original contract.

Any such extension as described in this paragraph shall require the approval of the executive county superintendent of schools.

Nothing in this chapter shall require the immediate bid of any contract renewal for the remainder of a school year in which the only change, in addition to route description, is the bus type. However, any such extension shall be approved by the executive county superintendent of schools and shall be bid for the next school year.

No annual extension shall be granted pursuant to this subsection to a person who has been debarred from bidding on a pupil transportation contract pursuant to the provisions of section 3 of P.L.2021, c.307 (C.18A:39-11.5).

b. The Governor, in consultation with the Department of the Treasury, shall, no later than March 1 of each odd-numbered year, adjust the threshold amount set forth in subsection a. of this section, or subsequent to 1985 the threshold amount resulting from any adjustment under this subsection or section 17 of P.L.1985, c.469, in direct proportion to the rise or fall of the Consumer Price Index for all urban consumers in the New York City and the Philadelphia areas as reported by the United States Department of Labor. The Governor shall, no later than June 1 of each odd-numbered year, notify all local school districts of the adjustment. The adjustment shall become effective on July 1 of each odd-numbered year.

c. A bid for a pupil transportation contract shall identify each person who has any ownership interest in the company submitting a bid for the pupil transportation contract.

d. Prior to awarding any pupil transportation contract, a board of education shall review the debarment list maintained pursuant to section 3 of P.L.2021, c.307 (C.18A:39-11.5). No pupil transportation contract shall be awarded to any person who is debarred from bidding pursuant to the provisions of section 3 of P.L.2021, c.307 (C.18A:39-11.5).

e. As used in this section, "person" means an individual and any business, including any corporation, partnership, association, or proprietorship in which such individual is a principal, or with respect to which the individual owns, directly or indirectly, or controls any of the stock or other equity interest of such business.

##### **§ 18A:39-3.1** Consultation for transportation of nonpublic school pupils. {#sec-18a-39-3.1 omnilex-key=us-nj-statutes--title-18a--18A:39-3.1}

3. A board of education shall consult with the appropriate nonpublic school administrators seeking such consultation prior to preparing bus routes for the transportation of nonpublic school pupils for the school year and in a timely manner that allows sufficient time to publicly advertise for bids.

##### **§ 18A:39-3.2** Rules, regulations. {#sec-18a-39-3.2 omnilex-key=us-nj-statutes--title-18a--18A:39-3.2}

4. The State Board of Education shall 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 act.

##### **§ 18A:39-4** Form of bid; deposit; forfeiture or return of deposit {#sec-18a-39-4 omnilex-key=us-nj-statutes--title-18a--18A:39-4}

Each transportation bid shall be accompanied by information required on a standard form of questionnaire approved by the state board and by a cashier's or certified check for 5% of the annual amount of the contract, which deposit shall be forfeited upon the refusal of a bidder to execute a contract; otherwise, checks shall be returned when the contract is executed and a bond filed.

##### **§ 18A:39-5** Opening of bids; rejection, etc. {#sec-18a-39-5 omnilex-key=us-nj-statutes--title-18a--18A:39-5}

At the time and place fixed in such advertisement for the submission of proposals the board of education, or any committee thereof authorized so to do, or any officer or employee of such board designated therefor, shall receive such proposals and immediately proceed to unseal the same and publicly announce the contents in the presence of the parties bidding or their agents, if such parties choose to be then and there present. Such board shall have the right to reject any and all bids. No proposals shall be opened previous to the hour designated in the advertisement and none shall be received thereafter.

##### **§ 18A:39-6** Liability insurance, etc., to be furnished {#sec-18a-39-6 omnilex-key=us-nj-statutes--title-18a--18A:39-6}

Liability insurance covering the operation of every bus transporting pupils to and from schools and the drivers thereof or other appropriate similar coverage shall be furnished by each contractor or, in the case of any bus owned and operated by a board of education, by the board of education, in such amounts, with such indemnity, with such coverage, and in such manner, as shall be prescribed by rule of the state board.

##### **§ 18A:39-6.1** Liability insurance; rates {#sec-18a-39-6.1 omnilex-key=us-nj-statutes--title-18a--18A:39-6.1}

In every contract for the transportation of pupils to and from school entered into by a board of education, the costs of furnishing the liability insurance coverage required under N.J.S. 18A:39-6 shall be based on the insurance rate applicable only to such transportation.

##### **§ 18A:39-10** Expenditures by contractor in compliance with law or rules, after contract made {#sec-18a-39-10 omnilex-key=us-nj-statutes--title-18a--18A:39-10}

Notwithstanding the terms of any contract for transportation of pupils to and from school, or renewal thereof, entered into pursuant to this chapter, any board of education, in its discretion, with the approval of the county superintendent, may compensate any transportation contractor, in whole or in part, for any necessary expenditure made to comply with the provisions of any law enacted, or any rules and regulations promulgated pursuant to any law, after said contract was entered into.

##### **§ 18A:39-11** Joint transportation authorized {#sec-18a-39-11 omnilex-key=us-nj-statutes--title-18a--18A:39-11}

The boards of education of 2 or more school districts may provide jointly for the transportation of pupils to and from any school or schools within or outside the districts.

Whenever in the judgment of the county superintendent of schools transportation of pupils to any qualified school other than a public school could be more economically accomplished by joint transportation with 2 or more school districts, he may order such joint transportation, assign the administration to one board of education and prorate the cost on a per pupil mileage basis to the other boards of education involved.

##### **§ 18A:39-11.1** List of agencies providing cooperative transportation services; provision of transportation for certain pupils. {#sec-18a-39-11.1 omnilex-key=us-nj-statutes--title-18a--18A:39-11.1}

1. a. The Commissioner of Education shall identify and publish a list of local school boards of education, educational services commissions, county special services school districts, and any other established agencies providing cooperative transportation services.

b. Any school district responsible for the transportation of pupils to and from a school, other than a local district school, pursuant to N.J.S.18A:39-1 which transports pupils to a county vocational school and pupils classified pursuant to chapter 46 of Title 18A of the New Jersey Statutes shall utilize one of the agencies identified by the commissioner for the transportation of the pupils. Transportation by one of the agencies shall not be required when the local district can provide transportation at a lower cost than those agencies, or the transportation to be provided by one of the agencies does not fall within the policies of the resident school district regarding length of ride and assignment of students to a route based on student age or classification.

c. (1) A board of education shall bid or coordinate nonpublic school transportation services with another school district or a cooperative transportation services agency in accordance with criteria established by the commissioner.

(2) Any school district which has in the prior year provided payments in lieu of transportation for any nonpublic school pupil pursuant to N.J.S.18A:39-1, or which cannot provide transportation in the ensuing school year in accordance with the commissioner's criteria, shall attempt to provide transportation through an agency identified by the commissioner prior to determining to pay aid in lieu of transportation. The school district shall provide to the agency any unique limitations or restrictions of the required transportation. If the costs to provide transportation by the agency identified by the commissioner are less than the in-lieu-of payments, the agency shall provide transportation. The school district shall make the determination on the manner in which transportation services shall be provided and shall notify the nonpublic school and the parent or guardian of the nonpublic school pupil by August 1 prior to the beginning of the school year. For the purposes of this subsection, "costs to provide transportation" shall not include any administrative fee charged by the agency. If the sum of the costs to provide transportation plus any administrative fee charged by the agency exceeds on a per pupil basis the maximum amount for nonpublic school transportation established pursuant to section 2 of P.L.1981, c.57 (C.18A:39-1a), the board of education may apply to the commissioner for that portion which exceeds the maximum amount.

d. The county superintendents shall:

(1) assist local boards of education and the chief school administrators of nonpublic schools in coordinating the calendars and schedules of the public and nonpublic schools to facilitate the coordination of transportation of pupils to and from school in their respective county:

(2) arbitrate any disputes between local boards of education and the chief school administrators of nonpublic schools regarding pupil transportation; and

(3) convene a meeting, at least once a year, of representatives of all public and nonpublic schools in the county to discuss issues related to pupil transportation.

##### **§ 18A:39-11.2** Bidding requirements for certain pupil transportation contracts. {#sec-18a-39-11.2 omnilex-key=us-nj-statutes--title-18a--18A:39-11.2}

1. a. Except as provided in subsection g. of this section, the provision of transportation services to a local school district by a cooperative transportation services agency, educational services commission, county special services school district, jointure commission or other public entity, other than a local school district using school buses it owns or leases, shall be subject to the bidding requirements and requirements concerning the renewal of transportation contracts set forth in chapter 39 of Title 18A of the New Jersey Statutes, including the requirements concerning the advertisement for bids, the submission of quotations and the renewal of contracts.

b. The cooperative transportation services agency, educational services commission, county special services school district, jointure commission or other public entity other than a local school district shall adhere to every substantial bid specification for a pupil transportation contract, including bonding requirements.

c. The cooperative transportation services agency, educational services commission, county special services school district, jointure commission or other public entity other than a local school district that is intending to bid for transportation services shall be precluded from preparing specifications. Specifications shall be prepared by the local school district seeking transportation services or by any other cooperative transportation services agency, as designated by the Commissioner of Education, that is not bidding.

d. The cooperative transportation services agency, educational services commission, county special services school district, jointure commission or other public entity other than a local school district shall not charge any fee above the bid price.

e. A local school district may negotiate and award a contract for transportation services with a cooperative transportation services agency, educational services commission, county special services school district, jointure commission or other public entity other than a local school district if the provisions of subsection c. of N.J.S.18A:18A-5 have been met.

f. The following forms, prescribed by the Commissioner of Education, shall be included in any bid submitted by a cooperative transportation services agency, educational services commission, county special services school district, jointure commission or other public entity other than a local school district to provide transportation services:

(1) if applicable, a membership form for the cooperative transportation services agency, educational services commission, county special services school district or jointure commission indicating each member school district and the name of each member school district's superintendent;

(2) a form indicating the transportation experience of the bidder;

(3) a non-collusion form indicating that the bidder has not drafted specifications or route descriptions for the local board of education that is seeking transportation services;

(4) an affirmative action statement; and

(5) a bidder's guarantee in an amount required pursuant to statute and regulation.

g. The provisions of this section shall not apply to:

(1) an educational services commission or a jointure commission for the provision of transportation services to pupils who reside in school districts which, as of January 1, 2004, are members of the educational services commission or jointure commission, if, as of that date, the commission owns or leases school buses and is providing pupil transportation;

(2) an educational services commission or jointure commission for the provision of transportation services to pupils who reside in school districts which are located in a county of the first class and which are not members of the educational services commission or jointure commission and which, as of January 1, 1999, have been receiving pupil transportation from that commission with buses the commission owns or leases;

(3) a county special services school district for the provision of transportation services to pupils who are enrolled in the county special services school district or pupils enrolled in nonpublic schools who reside within the county, if, as of January 1, 2004, the district owns or leases school buses and is providing pupil transportation ; and

(4) a county special services school district for the provision of special education transportation for pupils residing within that county or within a contiguous county, if, as of January 1, 2004, the county special services school district is located in a county of the fifth class, and has been providing special education transportation with buses it owns or leases.

##### **§ 18A:39-11.3** Disqualification of bidder; "prior negative experience" defined. {#sec-18a-39-11.3 omnilex-key=us-nj-statutes--title-18a--18A:39-11.3}

2. a. A board of education may, by resolution approved by a majority of the board of education and subject to the provisions of subsection b. of this section, disqualify a bidder who would otherwise be determined to be the lowest responsible bidder for a pupil transportation contract, if the board of education finds that it has had prior negative experience with the bidder. The disqualification shall be for a reasonable, defined period of time which shall not exceed three years.

b. As used in this section, "prior negative experience" means any of the following:

(1) the bidder has been determined to be "nonperforming" under a pupil transportation contract after a hearing which shall include the bidder, the superintendent of schools, and the county superintendent of schools. The county superintendent of schools shall make the determination as to nonperformance and this determination may be appealed to the Commissioner of Education and the State Board of Education, as provided by law;

(2) the bidder defaulted on a transportation contract thereby requiring the board of education to utilize the services of another contractor to complete the contract;

(3) the bidder defaulted on a transportation contract thereby requiring the board of education to look to the bidder's surety for completion of the contract or tender of the costs of completion; or

(4) the bidder has any ownership interest in any contractor that had prior negative experience with the board of education as described in paragraphs (1) through (3) of this subsection or in any contractor that is debarred from bidding on a pupil transportation contract pursuant to the provisions of section 3 of P.L.2021, c.307 (C.18A:39-11.5).

##### **§ 18A:39-11.4** Continuation of prior agreement in violation of act. {#sec-18a-39-11.4 omnilex-key=us-nj-statutes--title-18a--18A:39-11.4}

3. A joint transportation agreement entered into by a local school district and a cooperative transportation services agency, educational services commission, county special services school district, jointure commission or other public entity prior to the effective date of P.L.2005, c.84 (C.18A:39-11.2 et seq.) which violates the provisions of this act may continue in effect for the remainder of the school year in which the agreement was made.

##### **§ 18A:39-11.5** Debarment from bidding on pupil transportation contract. {#sec-18a-39-11.5 omnilex-key=us-nj-statutes--title-18a--18A:39-11.5}

3. a. The Department of Education shall provide for the debarment from bidding on any pupil transportation contract of a person for causes that include, but are not limited to:

(1) the employment or assignment of an individual as a school bus driver who has been disqualified to serve as a school bus driver or determined ineligible to operate a school bus pursuant to the provisions of section 6 of P.L.1989, c.104 (C.18A:39-19.1);

(2) failure to comply with the provisions of section 1 of P.L.2018, c.152 (C.18A:39-19.6);

(3) failure to comply with the provisions of the "School Bus Enhanced Safety Inspection Act," P.L.1999, c.5 (C.39:3B-18 et seq.), or any rules or regulations promulgated thereunder;

(4) commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract, or subcontract thereunder, or in the performance of such contract or subcontract;

(5) commission of a criminal offense that includes child abuse or sexual misconduct involving a child;

(6) a record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more pupil transportation contracts, provided that such failure or unsatisfactory performance has occurred within a reasonable time preceding the determination to debar and was caused by acts within the control of the person debarred;

(7) knowingly submitting a bid for a pupil transportation contract that fails to contain the information required pursuant to subsection c. of N.J.S.18A:39-3 that would have included a person debarred from bidding on a pupil transportation contract pursuant to the provisions of this section; or

(8) debarment by some other department or agency in the Executive Branch of the New Jersey State government.

b. The debarment shall be for a reasonable, defined period of time not less than one year and not to exceed five years.

c. The existence of any of the causes set forth in subsection a. of this section shall not necessarily require that a person be debarred from bidding on a pupil transportation contract. In each instance, the decision to debar shall be made within the discretion of the Commissioner of Education or the School Bus Safety Ombudsman, unless otherwise required by law, and shall be rendered in the best interest of the State.

d. The Department of Education shall provide written notice to any person subject to debarment pursuant to the provisions of this section. A person subject to debarment may, within 30 days beginning from the date upon which the person receives written notice of the debarment, file a challenge of the cause for debarment to the Commissioner of Education. If no challenge is filed or if the determination of debarment is upheld, notification of the debarment shall be forwarded to the New Jersey Motor Vehicle Commission, each executive county superintendent in the State, and each board of education in the State. Notification of the debarment shall be posted on the Department of Education's Internet website pursuant to the provisions of subsection e. of this section.

e. A list of persons debarred from bidding on a pupil transportation contract shall be maintained on the Department of Education's Internet website and shall be distributed to each school district and board of education in the State by March 1 of each year. The Commissioner of Education or School Bus Safety Ombudsman may determine to keep the names of such persons debarred pursuant to the provisions of this section on the list beyond completion of any debarment period instituted pursuant to the provisions of this section.

f. As used in this section:

"Child abuse" means any conduct that falls under the purview and reporting requirements of P.L.1971, c.437 (C.9:6-8.8 et seq.) and is directed toward or against a child or student, regardless of the age of the child or student.

"Person" means an individual and any business, including any corporation, partnership, association, or proprietorship in which such individual is a principal, or with respect to which the individual owns, directly or indirectly, or controls any of the stock or other equity interest of such business.

"Sexual misconduct" means any verbal, nonverbal, written, or electronic communication, or any other act directed toward or with a child or student that is designed to establish a sexual relationship with the child or student, including a sexual invitation, dating or soliciting a date, engaging in sexual dialogue, making sexually suggestive comments, self-disclosure or physical exposure of a sexual or erotic nature, and any other sexual, indecent, or erotic contact with a child or student.

##### **§ 18A:39-12** Agreement for joint transportation {#sec-18a-39-12 omnilex-key=us-nj-statutes--title-18a--18A:39-12}

Any such joint transportation shall be provided under the terms of an agreement adopted by resolution of each of the boards of education concerned wherein shall be set forth the essential information concerning the transportation to be provided, the method of computing the proportion of the cost each party to the agreement shall assume, and the proportion of the state aid to which each district shall be entitled, and any other matters deemed necessary to carry out the purposes of the agreement.

##### **§ 18A:39-13** Joint transportation; laws and rules governing {#sec-18a-39-13 omnilex-key=us-nj-statutes--title-18a--18A:39-13}

Any such joint transportation shall be subject to all the provisions of law and rules of the state board governing the transportation of school pupils.

##### **§ 18A:39-14** Joint transportation; expenses; payment {#sec-18a-39-14 omnilex-key=us-nj-statutes--title-18a--18A:39-14}

Each district's proportionate share of the cost of such joint transportation shall be paid in the manner set forth in the agreement and in the same manner as other expenses of the district are paid.

##### **§ 18A:39-15** State aid for joint transportation. {#sec-18a-39-15 omnilex-key=us-nj-statutes--title-18a--18A:39-15}

If the executive county superintendent of the county in which the districts are situate shall approve the necessity, the cost, and the method of providing joint transportation and the agreement whereby the same is to be provided, each board of education providing joint transportation shall be entitled to State transportation aid pursuant to section 15 of P.L.2007, c.260 (C.18A:7F-57).

##### **§ 18A:39-16** Disputes; determination; appeal {#sec-18a-39-16 omnilex-key=us-nj-statutes--title-18a--18A:39-16}

In the event that any controversy or dispute shall arise among the parties to any such agreement for joint transportation, the same shall be referred to the county superintendent of the county in which the districts are situate for determination and his determination thereon shall be binding, subject to appeal to the commissioner. In the event that the districts are in more than one county, the controversy or dispute shall be referred to the county superintendents of the counties for joint determination, and if they shall be unable to agree upon a joint determination within 30 days, the controversy or dispute shall be referred to the commissioner for determination.

##### **§ 18A:39-17** Names, certain information relative to bus drivers to be filed by secretary of board of education. {#sec-18a-39-17 omnilex-key=us-nj-statutes--title-18a--18A:39-17}

In each school year, prior to the assignment of any driver or substitute driver to any vehicle operated by the board of education of any district as a school bus, there shall be filed by the secretary of such board with the county superintendent the name and social security number of each such driver or substitute driver and certification of a valid school bus driver's license, criminal background check, and evidence of a check for the driver's record of alcohol and drug-related motor vehicle violations pursuant to section 6 of P.L.1989, c.104 (C.18A:39-19.1).

##### **§ 18A:39-18** Information relative to bus drivers furnished by contractor. {#sec-18a-39-18 omnilex-key=us-nj-statutes--title-18a--18A:39-18}

In each school year, prior to the beginning of transportation of school pupils under a contract awarded by a board of education, the contractor shall furnish to the county superintendent the name, social security number, and certification of a valid school bus driver's license and criminal background check, and evidence of a check for the driver's record of alcohol and drug-related motor vehicle violations pursuant to section 6 of P.L.1989, c.104 (C.18A:39-19.1) of each driver or substitute driver to be assigned to any vehicle in the performance of his contract.

##### **§ 18A:39-19.1** Bus drivers required to submit certain information to commissioner; notice of pending charges. {#sec-18a-39-19.1 omnilex-key=us-nj-statutes--title-18a--18A:39-19.1}

6. a. Prior to employment as a school bus driver, and upon application for renewal of a school bus driver's license, a bus driver shall submit to the Commissioner of Education the driver's name, address, and fingerprints in accordance with procedures established by the commissioner. No criminal history record check or check for alcohol and drug-related motor vehicle violations shall be furnished without the driver's written consent to such a check. The applicant shall bear the cost for the checks, including all costs for administering and processing the checks.

Upon receipt of the criminal history record information for an applicant from the Federal Bureau of Investigation and the Division of State Police, and information on the check for alcohol and drug-related motor vehicle violations from the New Jersey Motor Vehicle Commission, the Commissioner of Education shall notify the applicant, in writing, of the applicant's qualification or disqualification as a school bus driver. If the applicant is disqualified, the convictions which constitute the basis for the disqualification shall be identified in the written notice to the applicant. A school bus driver, except as provided in subsection e. of this section, shall be permanently disqualified from employment or service if the individual's criminal history record reveals a record of conviction for which public school employment candidates are disqualified pursuant to section 1 of P.L.1986, c.116 (C.18A:6-7.1) or if the driver has been convicted at least two times within the last 10 years for a violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), section 5 of P.L.1990, c.103 (C.39:3-10.13), or section 16 of P.L.1990, c.103 (C.39:3-10.24); once for a violation of section 5 of P.L.1990, c.103 (C.39:3-10.13) or section 16 of P.L.1990, c.103 (C.39:3-10.24) while transporting school children; or once for a violation of subsection b. or subsection c. of section 1 of P.L.2017, c.347 (C.2C:40-26.1).

Following qualification for employment as a school bus driver pursuant to this section, the State Bureau of Identification shall immediately forward to the Commissioner of Education any information which the bureau receives on a charge pending against the school bus driver. If the charge is for one of the crimes or offenses enumerated in section 1 of P.L.1986, c.116 (C.18A:6-7.1), the commissioner shall notify the employing board of education or contractor, and the board or contractor shall take appropriate action. If the pending charge results in conviction, the school bus driver shall not be eligible for continued employment.

A school bus driver shall not be eligible to operate a school bus if the individual's bus driver's license is currently revoked or suspended by the New Jersey Motor Vehicle Commission in accordance with R.S.39:3-10.1 or if the individual's passenger endorsement or special license issued pursuant to R.S.39:3-10.1 is revoked by the New Jersey Motor Vehicle Commission for life in accordance with section 2 of P.L.2017, c.347 (C.18A:39-19.5).

Following qualification for employment as a school bus driver, the New Jersey Motor Vehicle Commission shall immediately forward to the Commissioner of Education any information which the division receives on a conviction for an alcohol or drug-related motor vehicle violation that would disqualify the driver from employment pursuant to the provisions of this subsection. The commissioner shall notify the employing board of education or contractor that the driver is no longer eligible for employment.

b. Notwithstanding the provisions of this section, an individual shall not be disqualified from employment or service under this act on the basis of any conviction disclosed by a criminal history record check or a check for alcohol and drug-related motor vehicle violations performed pursuant to this section without an opportunity to challenge the accuracy of the disqualifying records.

c. When charges are pending for a crime or any other offense enumerated in section 1 of P.L.1986, c.116 (C.18A:6-7.1), the employing board of education or contractor shall be notified that the candidate shall not be eligible for employment until the commissioner has made a determination regarding qualification or disqualification upon adjudication of the pending charges.

d. The applicant shall have 30 days from the date of the written notice of disqualification to challenge the accuracy of the criminal history record information or the record of convictions for an alcohol or drug-related motor vehicle violation. If no challenge is filed or if the determination of the accuracy of the criminal history record information or the record of convictions for an alcohol or drug-related motor vehicle violation upholds the disqualification, notification of the applicant's disqualification for employment shall be forwarded to the New Jersey Motor Vehicle Commission. The local board of education or the school bus contractor and the County Superintendent of Schools shall also be notified of the disqualification. Notwithstanding the provisions of any law to the contrary, the Chief Administrator of the New Jersey Motor Vehicle Commission shall, upon notice of disqualification from the Commissioner of Education, immediately revoke the applicant's special license issued pursuant to R.S.39:3-10.1 without necessity of a further hearing. Candidates' records shall be maintained in accordance with the provisions of section 4 of P.L.1986, c.116 (C.18A:6-7.4).

e. This section shall first apply to criminal history record checks conducted on or after the effective date of P.L.1998, c.31 (C.18A:6-7.1c et al.); except that in the case of a school bus driver employed by a board of education or a contracted service provider who is required to undergo a check upon application for renewal of a school bus driver's license, the individual shall be disqualified only for the following offenses:

(1) any offense enumerated in this section prior to the effective date of P.L.1998, c.31 (C.18A:6-7.1c et al.); and

(2) any offense enumerated in this section which had not been enumerated in this section prior to the effective date of P.L.1998, c.31 (C.18A:6-7.1c et al.), if the person was convicted of that offense on or after the effective date of that act.

f. (1) Notwithstanding any provision of this section to the contrary, the check for alcohol and drug-related motor vehicle violations shall be conducted in accordance with the provisions of this section prior to initial employment as a school bus driver and upon application for renewal of a school bus driver's license until such time as the provisions of the "Motor Carrier Safety Improvement Act of 1999," Pub. L. 106-159, are effective and implemented by the State.

(2) Notwithstanding any provision of this section to the contrary, upon the implementation by the State of the "Motor Carrier Safety Improvement Act of 1999," Pub. L. 106-159, a check for alcohol and drug-related motor vehicle violations shall be conducted in accordance with the provisions of this section prior to initial employment as a school bus driver. A check for alcohol and drug-related motor vehicle violations conducted for any subsequent renewal of a school bus driver's license shall be subject to the provisions of the "Motor Carrier Safety Improvement Act of 1999," Pub. L.106-159.

(3) Upon the implementation by the State of the "Motor Carrier Safety Improvement Act of 1999," Pub. L. 106-159, following qualification for employment as a school bus driver, the New Jersey Motor Vehicle Commission shall immediately notify the Commissioner of Education of the suspension or revocation of a school bus driver's commercial driver's license. The commissioner shall notify the employing board of education or contractor of the suspension or revocation, and the employment of the school bus driver shall be immediately terminated. In the case of a school bus driver whose commercial driver's license has been suspended, the driver may apply for re-employment at the end of the period of suspension.

##### **§ 18A:39-19.1a** Training required for school bus drivers, aides. {#sec-18a-39-19.1a omnilex-key=us-nj-statutes--title-18a--18A:39-19.1a}

1. a. As used in this section, "employer" means a board of education or a contractor that provides pupil transportation services under contract with a board of education.

b. An employer shall ensure that all school bus drivers and school bus aides are properly trained for the functions of their positions.

c. An employer shall administer a safety education program for all permanent and substitute school bus drivers and school bus aides that it employs. At a minimum, the training shall include:

(1) student management and discipline;

(2) school bus accident and emergency procedures;

(3) conducting school bus emergency exit drills;

(4) loading and unloading procedures;

(5) school bus stop loading zone safety;

(6) inspecting the school vehicle for students left on board at the end of a route; and

(7) the use of a student's education records, including the employee's responsibility to ensure the privacy of the student and the student's records, if applicable.

d. In addition to the training requirements in subsection c. of this section, an employer shall administer to school bus drivers a safety education program that includes defensive driving techniques and railroad crossing procedures.

e. The employer shall administer the safety education program set forth in subsections c. and d. of this section twice per calendar year.

##### **§ 18A:39-19.2** Training program for school bus drivers, bus aides relative to students with special needs. {#sec-18a-39-19.2 omnilex-key=us-nj-statutes--title-18a--18A:39-19.2}

1. The Commissioner of Education shall develop a training program for school bus drivers and school bus aides on proper procedures for interacting with students with special needs. The training program shall include, but need not be limited to, the following:

a. appropriate behavior management;

b. effective communication;

c. use and operation of adaptive equipment; and

d. understanding behaviors that may be related to specific disabilities.

The commissioner shall make the training program available to boards of education and school bus contractors providing pupil transportation services under contract with boards of education no later than one year following the effective date of this act.

##### **§ 18A:39-19.3** Administration of training program; certification. {#sec-18a-39-19.3 omnilex-key=us-nj-statutes--title-18a--18A:39-19.3}

2. a. An employer shall administer the training program developed pursuant to section 1 of this act to all school bus drivers and school bus aides that it employs. In the case of an individual who is employed prior to the development and availability of the training program, the employer shall administer the training program to the individual no later than 180 days after the training program is made available by the commissioner. In the case of an individual who is employed after the development and availability of the training program, the employer shall administer the training program to the individual prior to that individual operating a school bus or serving as an aide on a school bus.

b. An employer shall require that a school bus driver or school bus aide file a certification with the employer that the individual has completed the training program within five business days of its completion. The employer shall retain a copy of the certification for the duration of the individual's employment, and shall forward a copy of the certification to the Department of Education.

c. As used in this section, "employer" means a board of education or a contractor that provides pupil transportation services under contract with a board of education.

##### **§ 18A:39-19.4** Student information card. {#sec-18a-39-19.4 omnilex-key=us-nj-statutes--title-18a--18A:39-19.4}

3. a. The Commissioner of Education shall develop a student information card that includes information that should be readily available to a school bus driver and school bus aide for the purpose of promoting proper interaction with a student with special needs. The parent or guardian of a student with an individualized education plan shall complete the student information card when the individualized education plan is developed or amended for a student who receives transportation services.

b. Upon receiving consent from a student's parent or guardian, the school district shall provide a copy of the completed student information card to a school bus driver and school bus aide for each student on the bus route to which the school bus driver or school bus aide is assigned for whom a student information card has been completed by the parent or guardian.

##### **§ 18A:39-19.5** Revocation of passenger endorsement, special license. {#sec-18a-39-19.5 omnilex-key=us-nj-statutes--title-18a--18A:39-19.5}

2. a. The Chief Administrator of the New Jersey Motor Vehicle Commission shall revoke for life the passenger endorsement on the commercial driver's license of a person convicted of a violation of subsection b. or subsection c. of section 1 of P.L.2017, c.347 (C.2C:40-26.1).

b. The chief administrator shall revoke for life the special license issued pursuant to R.S.39:3-10.1 to a person convicted of a violation of subsection b. or subsection c. of section 1 of P.L.2017, c.347 (C.2C:40-26.1).

##### **§ 18A:39-19.6** Suspended, revoked school bus driver license; notification required. {#sec-18a-39-19.6 omnilex-key=us-nj-statutes--title-18a--18A:39-19.6}

1. If a board of education or a contractor that provides pupil transportation services under contract with a board of education is notified by the Department of Education that a school bus driver employed by the board or contractor has had his bus driver's license suspended or revoked, the employing board of education or contractor, within one business day of the notification, shall provide a statement to the department verifying that the school bus driver no longer operates a school bus for the board or contractor.

##### **§ 18A:39-19.7** Certification requirements of a school district transportation supervisor {#sec-18a-39-19.7 omnilex-key=us-nj-statutes--title-18a--18A:39-19.7}

1. a. Beginning in the 2021-2022 school year, a school district transportation supervisor who is newly hired or who has less than 11 years of experience as a school district transportation supervisor shall be required, as a condition of employment, to provide evidence to the board of education of satisfactory completion of the School Transportation Supervisors Certification Program offered by the Center for Government Services at Rutgers, the State University of New Jersey or any other certification program designated by the Commissioner of Education. The certification program shall include courses focused on the statutes and regulations that govern school transportation operations. The transportation supervisor and the school district shall determine who bears the cost of the program.

b. (1) A school district transportation supervisor who is employed on the effective date of this act, who has less than 11 years of experience as a school district transportation supervisor and has not completed the School Transportation Supervisors Certification Program or other designated certification program, shall complete the certification program within four years of the effective date of this act.

(2) A school district transportation supervisor who is employed after the effective date of this act, who has less than 11 years of experience as a school district transportation supervisor and has not completed the School Transportation Supervisors Certification Program or other designated certification program, shall complete the certification program within four years of his date of employment.

##### **§ 18A:39-19.8** Policy requiring list of students being transported to certain activities permitted. {#sec-18a-39-19.8 omnilex-key=us-nj-statutes--title-18a--18A:39-19.8}

2. Each school district may develop and implement a policy requiring a list to be compiled of the names of students being transported by a school bus to a school-sponsored activity including, but not limited to, field trips or interscholastic sports programs. A list of students for each school bus compiled under a policy developed pursuant to this section shall be submitted to the school principal or designee and maintained for use in the case of an emergency.

##### **§ 18A:39-20** Compliance required for assigning bus driver; violations; fine. {#sec-18a-39-20 omnilex-key=us-nj-statutes--title-18a--18A:39-20}

No board of education or contractor shall approve or assign an individual, as a driver or substitute driver of a school bus, without first complying with the provisions of this chapter, and any person violating, or failing to comply with such provisions shall be subject to a fine of:

a. not more than $5,000 for each driver unlawfully approved or assigned for the first offense;

b. not more than $10,000 for each driver unlawfully approved or assigned for the second offense; and

c. not more than $15,000 for each driver unlawfully approved or assigned for a third and each subsequent offense.

It shall not be a defense to avoid liability under this section that a board of education or contractor unknowingly failed to comply with the provisions of this chapter.

##### **§ 18A:39-20.1** Transportation of students in certain vehicles. {#sec-18a-39-20.1 omnilex-key=us-nj-statutes--title-18a--18A:39-20.1}

1. a. Notwithstanding any statute or regulation to the contrary, any board of education, governing body of a nonpublic school, or State agency may authorize qualified school personnel, State employees, or parents to transport school children to and from related school activities in a private vehicle with a capacity of eight or less. The board of education, governing body of a nonpublic school, or State agency may also designate school personnel to transport school children to and from school. The designated personnel will only be deemed qualified to transport school children to and from school if the designated school personnel meet the following criteria:

(1) be at least 21 years of age;

(2) possess a New Jersey driver's license for a minimum of three years;

(3) have a completed physical on file with the school district or local education agency;

(4) have completed a criminal history background check by the New Jersey Department of Education and a Child Abuse Record Information check;

(5) submit a driving record for the past five years demonstrating evidence of no alcohol- or drug-related motor vehicle violations; and

(6) have completed the training program established in accordance with P.L.2015, c.123 (C.18A:39-19.2 et seq.) on appropriate procedures for interacting with students with special needs.

The designated personnel that meet these criteria must utilize a vehicle that does not exceed a maximum seating capacity of eight passengers, excluding the driver, to transport school children to and from school.

Any person authorized by a board, body, or agency to provide such transportation services shall not be required to be licensed or regulated as a school bus driver. Such transportation shall be exempt from all registration, equipment, inspection, and maintenance requirements imposed on the transportation of pupils by school bus. Evidence of appropriate automobile insurance requirements for the vehicle must be submitted by the board of education, governing body of a nonpublic school, or State agency to the Executive County Superintendent by a date set by the Commissioner of the New Jersey Department of Education.

Each year prior to transporting school children, the board of education, governing body of a nonpublic school, or State agency designating school personnel as qualified to transport school children to and from school pursuant to this law must submit the list of designated drivers to the Executive County Superintendent by a date set by the Commissioner of the New Jersey Department of Education. Only school personnel submitted by that date will be eligible to transport school children to and from school for a given school year.

The board of education, governing body of a nonpublic school, or State agency designating school personnel as qualified to transport school children to and from school pursuant to this law must also submit periodic copies of the designated personnel's driving record showing no alcohol- or drug-related motor vehicle violations or any other motor vehicle violations that would disqualify the driver's eligibility of transporting school children pursuant to Title 18A of the New Jersey Statutes and Title 39 of the Revised Statutes to the Executive County Superintendent by a date set, and at a frequency set, by the Commissioner of the New Jersey Department of Education. Failure to provide the requisite driving record within the prescribed time frame will result in the removal of that individual from the list of designated drivers.

b. Notwithstanding any statute or regulation to the contrary, any board of education, governing body of a nonpublic school, or State agency may authorize a person certified as a mobility assistance vehicle technician to transport a student with medical needs to and from school or related school activities in a mobility assistance vehicle. Any certified mobility assistance vehicle technician authorized by a board, body, or agency to provide such transportation services shall not be required to be licensed or regulated as a school bus driver. Such transportation shall be exempt from all registration, equipment, inspection, and maintenance requirements imposed on the transportation of students by a school bus.

Each year prior to transporting students, a certified mobility assistance vehicle technician who transports a student with medical needs in accordance with this section shall furnish to the executive county superintendent a criminal history background check and evidence of a check for the technician's record of alcohol- and drug-related motor vehicle violations.

For the purposes of this subsection, "student with medical needs" means a school-aged child who suffers from a life-threatening medical condition and, as a result of such condition, requires more individualized and continuous care.

##### **§ 18A:39-21** Rules governing pupil transportation by state board {#sec-18a-39-21 omnilex-key=us-nj-statutes--title-18a--18A:39-21}

The state board shall make rules governing the transportation of pupils to and from school to carry out the provisions of this chapter.

##### **§ 18A:39-22** Use of school buses for recreation, other programs. {#sec-18a-39-22 omnilex-key=us-nj-statutes--title-18a--18A:39-22}

1. The board of education of any district may, pursuant to rules adopted by it, permit the use of school buses owned or leased by the school district for the purpose of transporting senior citizens' groups to and from events within its district or in any contiguous district, for transporting citizens with disabilities in any district, and for transporting children and adults participating in a recreation or other program operated by the municipality or municipalities in which the district is located or the municipality in which any constituent district of a regional school district is located; provided that each use of school buses for these purposes is approved by the board; provided that such use of school buses shall not interfere with the transportation of school pupils; and provided that school buses so used shall be operated only by persons licensed as bus drivers. The board shall require groups seeking such use of school buses to pay all or part of any costs incurred by the district in permitting such use, including but not limited to the costs of fuel, driver salaries, insurance, and depreciation.

##### **§ 18A:39-22.1** Use of school buses for transporting adults with disabilities, certain circumstances. {#sec-18a-39-22.1 omnilex-key=us-nj-statutes--title-18a--18A:39-22.1}

1. The board of education of a school district may, pursuant to rules adopted by it, permit the use of school buses owned, leased, or contracted by the school district for the purpose of transporting an adult with a disability who is a client of the Division of Developmental Disabilities in the Department of Human Services and who is continuing the person's education and training following graduation from secondary school. Transportation pursuant to this section will be limited to space availability on vehicles engaged in the transportation of school-age pupils along established routes. The board shall require that the individual transported, or the person's parent or guardian, pay all or part of any costs incurred by the district in providing the transportation, including but not limited to, the costs of fuel, driver salaries, insurance, and depreciation.

##### **§ 18A:39-23** No fee registration continued {#sec-18a-39-23 omnilex-key=us-nj-statutes--title-18a--18A:39-23}

The use of school buses as herein provided shall not be construed as use for hire and shall in no way affect the no fee registration of such vehicles as provided in R.S.39:3-27.

##### **§ 18A:39-24** Rules and regulations {#sec-18a-39-24 omnilex-key=us-nj-statutes--title-18a--18A:39-24}

The State Board of Education shall develop rules and regulations governing the use of school buses pursuant to section 1 of this act.

##### **§ 18A:39-25** Board of public utility commissioners; regulation or jurisdiction of school buses used under this act {#sec-18a-39-25 omnilex-key=us-nj-statutes--title-18a--18A:39-25}

Notwithstanding the provisions of any law, rule or regulation of this State to the contrary, the use of school buses or the recovery of costs as herein authorized, shall not subject such school buses to regulation by or the jurisdiction of the Board of Public Utilities Commissioners.

##### **§ 18A:39-26** Short title {#sec-18a-39-26 omnilex-key=us-nj-statutes--title-18a--18A:39-26}

1. This act shall be known and may be cited as the "School Bus Safety Act."

##### **§ 18A:39-27** Bus driver required to be on bus when pupil present, exceptions {#sec-18a-39-27 omnilex-key=us-nj-statutes--title-18a--18A:39-27}

2. a. Notwithstanding the provisions of any other law, rule or regulation to the contrary, no school pupil shall be allowed on board a school bus unless the bus driver or other employee of the school board or school bus contractor is also on board the bus.

b. The provisions of subsection a. of this section shall not apply when a bus driver leaves the bus to assist in the boarding or exiting of a disabled pupil or in the case of an emergency.

##### **§ 18A:39-28** Inspection of school bus for pupils by driver at end of transportation route. {#sec-18a-39-28 omnilex-key=us-nj-statutes--title-18a--18A:39-28}

1. A school bus driver shall visually inspect the school bus to which he is assigned at the end of the transportation route to determine that no pupil has been left on the bus. For the purposes of this act, "school bus" means every motor vehicle operated by, or under contract with, a public or governmental agency, or religious or other charitable organization or corporation, or privately operated for compensation for the transportation of children to or from school for secular or religious education, which complies with the regulations of the Department of Education affecting school buses, including "School Vehicle Type I" and "School Vehicle Type II" as defined pursuant to R.S.39:1-1.

##### **§ 18A:39-29** Violation, suspension, revocation of school bus endorsement. {#sec-18a-39-29 omnilex-key=us-nj-statutes--title-18a--18A:39-29}

2. In the event that, after notice and opportunity to be heard, a school bus driver is found to have left a pupil on the school bus at the end of his route, his school bus endorsement shall be:

a. suspended for six months, for a first offense; or

b. permanently revoked, for a second offense.

##### **§ 18A:39-30** Permanent revocation for gross negligence. {#sec-18a-39-30 omnilex-key=us-nj-statutes--title-18a--18A:39-30}

3. In the event that a pupil, who was left on a bus by a school bus driver at the end of the route, is harmed as a result of foreseeable danger and the driver is found , after notice and opportunity to be heard, to have acted with gross negligence, his school bus endorsement shall be permanently revoked.

##### **§ 18A:39-31** Contract for sale of advertising space on school buses, use of revenue. {#sec-18a-39-31 omnilex-key=us-nj-statutes--title-18a--18A:39-31}

1. a. The board of education of any school district may enter into a contract for the sale of advertising space on the exterior sides of school buses owned or leased by the school district, subject to the limitations set forth in this section. Advertisements for tobacco or alcohol products or for political advocacy shall be prohibited, in addition to any other advertisements for products or services or by sponsors that the Commissioner of Education deems inappropriate. All advertisements shall require prior approval by the local board of education.

b. In the event that a board of education enters into a contract for the sale of advertising space on the exterior sides of school buses pursuant to subsection a. of this section, 50% of any revenue generated by the sale shall be used by the board to offset the fuel costs of providing pupil transportation services, and the remaining 50% of the revenue shall be used to support any programs and services the board may deem appropriate.

c. The provisions of the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., shall apply to any contract entered into by a board of education pursuant to this act.

##### **§ 18A:39-32** Report to Governor, Legislature. {#sec-18a-39-32 omnilex-key=us-nj-statutes--title-18a--18A:39-32}

2. The commissioner shall evaluate the impact of school bus advertising and report on the evaluation to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), no later than one year following the effective date of this act and annually thereafter. The report shall include the number of school districts which permit the advertising and the fiscal benefits derived therefrom.

##### **§ 18A:39-33** Rules, regulations. {#sec-18a-39-33 omnilex-key=us-nj-statutes--title-18a--18A:39-33}

4. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the State Board of Education shall promulgate rules and regulations necessary to effectuate the purposes of this act including, but not limited to, the permissible size of the advertising and the criteria for determining the age-appropriateness of the advertising and the suitability of the message.

##### **§ 18A:39-34** Office of School Bus Safety established. {#sec-18a-39-34 omnilex-key=us-nj-statutes--title-18a--18A:39-34}

1. a. There is established in the Department of Education the Office of School Bus Safety. The purpose of the office is to oversee the school busing industry and to coordinate enforcement and accountability among the department, school bus drivers, and school bus contractors.

b. The Commissioner of Education shall establish the office, which shall consist of individuals qualified by training and experience related to the school bus industry in order to perform the duties of the office. The staff shall be supervised by a person of recognized judgment, integrity, and objectivity, and shall be skilled in communication, conflict resolution, and professionalism.

c. The office shall be responsible for the work of such professional and clerical staff as may be necessary to carry out the office's responsibilities.

##### **§ 18A:39-35** Office duties. {#sec-18a-39-35 omnilex-key=us-nj-statutes--title-18a--18A:39-35}

2. a. The duties of the Office of School Bus Safety shall include, but need not be limited to, the following:

(1) reviewing a school bus driver's information collected by the Commissioner of Education pursuant to section 6 of P.L.1989, c.104 (C.18A:39-19.1);

(2) obtaining statements of assurance from school districts or contractors that all training certifications for school bus drivers from employers pursuant to subsection b. of section 2 of P.L.2015, c.123 (C.18A:39-19.3) are complete;

(3) assisting in the development of a student information card pursuant to section 3 of P.L.2015, c.123 (18A:39-19.4);

(4) reviewing statements provided by a board of education or contractor that verify a school bus driver, whose bus driver's license is suspended or revoked, no longer operates a school bus for the board or contractor pursuant to section 1 of P.L.2018, c.152 (C.18A:39-19.6);

(5) coordinating with the Motor Vehicle Commission and the Department of Law and Public Safety on the sharing of information regarding matters related to school bus safety. The Motor Vehicle Commission and the Department of Law and Public Safety shall, pursuant to a valid Memorandum of Understanding and to the extent permitted by law, share information with the office to assist in effectuating the provisions of this act;

(6) maintain a list of all persons barred from bidding on any pupil transportation contract pursuant to section 3 of P.L.2021, c.307 (C.18A:39-11.5);

(7) render a decision as to whether a person shall be debarred from bidding on a pupil transportation contract pursuant to the provisions of P.L.2021, c.307 (C.18A:39-11.5);

(8) collecting and reviewing the name, address, and contact information of school bus contractors and the owners of school bus contracting companies;

(9) determining if a board of education or contractor has failed to comply with the provisions of N.J.S.18A:39-20;

(10) reviewing and recommending changes to the commissioner of the rules and regulations governing school bus safety; and

(11) any other duties the commissioner deems appropriate to ensure the safety of school buses for students in the State.

b. The office shall treat communications received in the course of the office's duties, including personally identifiable information regarding students, parents or guardians, school bus drivers, and others from whom information is acquired, as confidential, except when disclosure is necessary to enable the office to perform the duties of the office and consent for disclosure is obtained. Upon receipt of information that by law is confidential or privileged, the Department of Education shall maintain the confidentiality of such information and shall not disclose or disseminate the information except as provided by applicable State or federal law.

c. As used in this section, "person" means an individual and any business, including any corporation, partnership, association, or proprietorship in which such individual is a principal, or with respect to which the individual owns, directly or indirectly, or controls any of the stock or other equity interest of such business.

##### **§ 18A:39-36** Report to Governor, Legislature. {#sec-18a-39-36 omnilex-key=us-nj-statutes--title-18a--18A:39-36}

3. The Department of Education shall submit an initial report to the Governor and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), which includes a summary of the services provided, and enforcement actions taken. A report shall be issued annually thereafter to the Commissioner of Education by the Office of School Bus Safety containing any specific recommendations the office deems appropriate and necessary concerning the oversight and management within the department's purview.

## **Chapter 40** {#struct-chapter-40}

##### **§ 18A:40-1** Employment of medical inspectors, optometrists and nurses; salaries; terms; rules {#sec-18a-40-1 omnilex-key=us-nj-statutes--title-18a--18A:40-1}

Every board of education shall employ one or more physicians, licensed to practice medicine and surgery within the state, to be known as the medical inspector or medical inspectors, and any board, not furnishing nursing services under a contract pursuant to section 18A:40-3.1 shall employ one or more school nurses, and it may also employ one or more optometrists, licensed to practice optometry within the state, to be known as the school vision examiner or school vision examiners, and the board shall fix their salaries and terms of office.

Every board of education shall adopt rules, subject to the approval of the state board, for the government of such employees.

##### **§ 18A:40-1.1** School physician to complete Student-Athlete Cardiac Screening professional development module. {#sec-18a-40-1.1 omnilex-key=us-nj-statutes--title-18a--18A:40-1.1}

4. A contract between a school district and a school physician appointed pursuant to N.J.S.18A:40-1 shall include a statement of assurance that the school physician has completed the Student-Athlete Cardiac Screening professional development module developed pursuant to section 3 of P.L.2013, c.71 (C.18A:40-41d) and has read the pamphlet developed pursuant to section 1 of P.L.2007, c.125 (C.18A:40-41).

##### **§ 18A:40-1.2** Regulations. {#sec-18a-40-1.2 omnilex-key=us-nj-statutes--title-18a--18A:40-1.2}

6. The State Board of Education shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this act.

##### **§ 18A:40-2** Appointment of county medical inspector {#sec-18a-40-2 omnilex-key=us-nj-statutes--title-18a--18A:40-2}

Whenever the county superintendent shall certify to the commissioner that there has been subscribed or donated a sum not less than $4,000.00 for the purpose of paying the salary of a person to be known as county medical inspector of a county, the commissioner shall appoint, by and with the approval of the state board, a physician, licensed to practice medicine and surgery within the state, of at least two years practical experience, to be known as county medical inspector for such county. He shall perform such duties as shall be prescribed by rules adopted by the state board. His term of office shall be one year. No person shall be appointed as a county medical inspector in any year until there has been certified to the commissioner that a sum sufficient to pay the salary of such officer, but not less than $4,000.00, has been subscribed or donated as aforesaid.

##### **§ 18A:40-3** Lectures to teachers {#sec-18a-40-3 omnilex-key=us-nj-statutes--title-18a--18A:40-3}

A medical inspector or nurse shall lecture to the teachers at such times as may be designated by the board of education instructing them concerning the methods employed to detect the first signs of communicable disease and the recognized measures for the promotion of health and the prevention of disease.

##### **§ 18A:40-3.1** Appointment and salary, school nurses, etc. {#sec-18a-40-3.1 omnilex-key=us-nj-statutes--title-18a--18A:40-3.1}

Every person employed as a school nurse, school nurse supervisor, head school nurse, chief school nurse or school nurse coordinator, or performing any school nursing service, in the public schools of this state shall be appointed by the board of education having charge of the school or schools in which the services are to be rendered and shall be under the direction of said board or an officer or employee of the board designated by it and the salary of such person shall be fixed by, and paid from the funds of said board according to law, except that the performance of school nursing services in any public school in this state may be continued, under any original contract or agreement entered into, prior to February 27, 1957, or under any renewal or modification thereof, during the term of such contract or agreement or renewal or modification thereof.

##### **§ 18A:40-3.2** Findings, declarations relative to school nursing, clinical nursing services. {#sec-18a-40-3.2 omnilex-key=us-nj-statutes--title-18a--18A:40-3.2}

1. a. The Legislature finds and declares that school nursing is a separate and distinct specialty within the nursing and educational professions and that therefore competence in specified areas of health and education is needed in order for school nurses to act as health advocates for school-age children.

b. The Legislature further finds and declares that medically fragile students are often diagnosed with medical conditions and life-threatening diseases, including cerebral palsy, seizure disorder, and other neurological diseases, that require mechanical ventilation and emergent intervention by providers of clinical nursing services while attending school. Medically fragile students who require clinical nursing services while attending school should expect and receive the same level of care they receive at home. Maintaining a continuity of care for medically fragile students creates a safer environment at school, fosters learning, and gives parents confidence that their children's medical needs are being met by qualified health care providers. Currently, there are no standards of practice in place for providers of clinical nursing services. As a result, the quality of care medically fragile students receive in school is often inadequate to meet their health care needs. Therefore, it is in the public interest that, in order to guarantee the health and safety of medically fragile students while attending school, providers of clinical nursing services for such students meet the same qualifications as providers of clinical nursing services certified to participate in the State's Medicaid and NJ FamilyCare programs, and that parents should be given the option to choose the provider who will render clinical nursing services to their children while attending school, if the cost remains neutral to the school district.

##### **§ 18A:40-3.3** Employment of nursing, non-nursing personnel; definitions. {#sec-18a-40-3.3 omnilex-key=us-nj-statutes--title-18a--18A:40-3.3}

2. a. A school district shall only utilize or employ for the provision of nursing services in the public schools of the district persons holding an educational services certificate with an endorsement as a school nurse issued by the State Board of Examiners, except for those non-nursing personnel who are otherwise authorized by statute or regulation to perform specific health related services. Special education students and those with medical needs requiring specialized care shall have that care rendered by an appropriate provider as appointed by the State Board of Education. No person shall be issued such certificate unless the person is licensed as a registered nurse pursuant to the provisions of P.L.1947, c.262 (C.45:11-23 et seq.) and meets all of the requirements prescribed by the board for a nursing endorsement. A school district may supplement the services provided by the certified school nurse with non-certified nurses, provided that the non-certified nurse is assigned to the same school building or school complex as the certified school nurse.

b. A medically fragile student requiring clinical nursing services shall have those services rendered by a provider of clinical nursing services as defined in this subsection. Nothing in this section shall be construed to exclude a licensed health care service firm that is approved to provide private duty nursing under the Medicaid Program and is in compliance with State Board of Education regulations. The parent or legal guardian of a medically fragile student shall have the option to choose a provider to render clinical nursing services to the student, and the State Board of Education shall allow the provider chosen by the parent or legal guardian to render such services to the student only if the cost to the school district remains neutral.

As used in this subsection:

"Medically fragile student" means a school-aged child who suffers from a life-threatening medical condition, and as a result of such condition, requires more individualized and continuous care than is available from a school nurse.

"Clinical nursing services" means specific health care services, based on a medically fragile student's individualized education plan and a physician's or advanced practice nurse's orders, as provided by a registered nurse or licensed practical nurse with specialized pediatric training who attends to the student.

"Provider of clinical nursing services" means an agency that renders clinical nursing services and is approved to provide private duty nursing under the Medicaid program pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.) or the NJ FamilyCare Program pursuant to P.L.2005, c.156 (C.30:4J-8 et al.).

##### **§ 18A:40-3.4** Employment of person to assist school nurse by providing secretarial, clerical duties {#sec-18a-40-3.4 omnilex-key=us-nj-statutes--title-18a--18A:40-3.4}

3. A school district may utilize or employ a person to perform secretarial or clerical duties that assist in providing nursing services only under the supervision of a certified school nurse. Secretarial or clerical duties may include, but not be limited to, recording information on a pupil or school record, making telephone calls, and preparing correspondence.

##### **§ 18A:40-3.5** Issuance of county substitute certificate, emergency certificates {#sec-18a-40-3.5 omnilex-key=us-nj-statutes--title-18a--18A:40-3.5}

4. The holder of a valid New Jersey registered nurse license may be issued a county substitute certificate to serve as a substitute for a certified school nurse in accordance with N.J.A.C.6:11-4.5. Emergency certificates may be issued in accordance with N.J.A.C.6:11-4.3.

##### **§ 18A:40-3.6** Rules, regulations {#sec-18a-40-3.6 omnilex-key=us-nj-statutes--title-18a--18A:40-3.6}

5. 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.), necessary to effectuate the purposes of this act.

##### **§ 18A:40-3.7** Requirements for school nurse endorsement. {#sec-18a-40-3.7 omnilex-key=us-nj-statutes--title-18a--18A:40-3.7}

1. State Board of Education regulations prescribing the requirements for eligibility for an educational services certificate with a school nurse endorsement shall, at a minimum, require that a candidate for the endorsement:

a. is licensed as a registered nurse pursuant to the provisions of P.L.1947, c.262 (C.45:11-23 et seq.);

b. holds a bachelor's degree from a regionally-accredited college or university;

c. completes either a Department of Education-approved college curriculum for the preparation of school nurses or a program of studies, with a minimum of 21 semester hour credits, that includes study in the fundamentals of substance use and substance use disorder and such other subject areas as determined by the State board, and clinical experience in a school nurse office; and

d. completes a college-supervised school nurse practicum experience, a portion of which shall be completed in a school nurse office and a portion of which shall be completed in a classroom. The practicum experience may count toward the minimum 21 semester hour credit requirement.

##### **§ 18A:40-3.8** Requirements for school nurse/non-instructional endorsement. {#sec-18a-40-3.8 omnilex-key=us-nj-statutes--title-18a--18A:40-3.8}

2. State Board of Education regulations prescribing the requirements for eligibility for an educational services certificate with a school nurse/non-instructional endorsement shall, at a minimum, require that a candidate for the endorsement:

a. is licensed as a registered nurse pursuant to the provisions of P.L.1947, c.262 (C.45:11-23 et seq.);

b. holds a bachelor's degree from a regionally-accredited college or university; and

c. completes either a Department of Education-approved college curriculum for the preparation of school nurses or a program of studies, with a minimum of 15 semester hour credits, that includes study in the fundamentals of substance use and substance use disorder and such other subject areas as determined by the State board, and clinical experience in a school nurse office.

##### **§ 18A:40-3.9** Construction of act. {#sec-18a-40-3.9 omnilex-key=us-nj-statutes--title-18a--18A:40-3.9}

3. Nothing in this act shall be construed to limit the authority of the State Board of Education to prescribe additional eligibility requirements for a school nurse endorsement or a school nurse/non-instructional endorsement.

##### **§ 18A:40-4** Health records; examinations for physical defects, hearing {#sec-18a-40-4 omnilex-key=us-nj-statutes--title-18a--18A:40-4}

The medical inspector, or the nurse or licensed medical and health care personnel under the immediate direction of the medical inspector, shall examine every pupil to learn whether any physical defect exists, or in lieu thereof the medical inspector may accept the report of such an examination by a physician licensed to practice medicine and surgery within the State or by a nurse practitioner/clinical nurse specialist certified by the New Jersey Board of Nursing working in collaboration with a physician licensed to practice medicine and surgery within the State. If any deviations in health status are detected, the nurse practitioner/clinical nurse specialist shall refer the pupil to the collaborating physician. The frequency and procedure of and selection of pupils for examinations shall comply with the rules of the State board. Additionally a screening of hearing examination shall be conducted on each pupil during the school year pursuant to rules, regulations and standards established by the State Department of Education in consultation with the State Department of Health.

A pupil who presents a statement signed by his parents or guardian that such required examinations interfere with the free exercise of his religious beliefs shall be examined only to the extent necessary to determine whether he is ill or infected with a communicable disease or to determine his fitness to participate in any health, safety and physical education course required by law.

A health record of each pupil shall be kept, in which shall be entered the findings of each examination, and such record shall be the property of the board of education and shall be forwarded to any public school to which the pupil is transferred, if such school is known.

##### **§ 18A:40-4.3** Biennial examination for scoliosis. {#sec-18a-40-4.3 omnilex-key=us-nj-statutes--title-18a--18A:40-4.3}

1. Every board of education shall provide for the biennial examination of every pupil between the ages of 10 and 18 for the condition known as scoliosis in accordance with standards jointly established and promulgated by the Departments of Health and Senior Services and Education. Such examination shall be carried out by a school physician, school nurse, physical education instructor or other school personnel properly trained in the screening process for scoliosis. Every board of education shall further provide for the notification of the parents or guardian of any pupil suspected of having scoliosis. Such notification shall include an explanation of scoliosis, the significance of treating it at an early stage, and the public services available, after diagnosis, for such treatment.

##### **§ 18A:40-4.4** Exemption {#sec-18a-40-4.4 omnilex-key=us-nj-statutes--title-18a--18A:40-4.4}

Any pupil shall be exempt from the examination upon written request of his parent or guardian.

##### **§ 18A:40-4.5** Immunity from action of any kind due to provisions of act {#sec-18a-40-4.5 omnilex-key=us-nj-statutes--title-18a--18A:40-4.5}

No action of any kind in any court of competent jurisdiction shall lie against any physician, school nurse, physical education instructor or other school personnel by virtue of the provisions of this act.

##### **§ 18A:40-5** Method of examination; notice to parent or guardian. {#sec-18a-40-5 omnilex-key=us-nj-statutes--title-18a--18A:40-5}

In conducting such examinations of pupils the medical inspector may require pupils to loosen, open, or remove their clothing above the waist in a manner to facilitate inspection and examination, but in any such case the parents or guardians shall be notified in writing of such proposed examination and in such notice the presence of one of the parents or guardians shall be requested, and it shall be stated in the notice that in the absence of a parent or guardian there shall be present a nurse or teacher and in the examination of a female pupil the nurse or teacher present shall be of the female sex, and that if the parent or guardian objects to such examination, the the parent or guardian may file with the medical inspector a report of the family physician upon the condition for which such examination was deemed advisable by the medical inspector.

##### **§ 18A:40-5.1** Definitions relative to reading disabilities. {#sec-18a-40-5.1 omnilex-key=us-nj-statutes--title-18a--18A:40-5.1}

1. As used in this act:

"Potential indicators of dyslexia or other reading disabilities" means indicators that include, but shall not be limited to, difficulty in acquiring language skills; inability to comprehend oral or written language; difficulty in rhyming words; difficulty in naming letters, recognizing letters, matching letters to sounds, and blending sounds when speaking and reading words; difficulty recognizing and remembering sight words; consistent transposition of number sequences, letter reversals, inversions, and substitutions; and trouble in replication of content.

##### **§ 18A:40-5.2** Distribution of information on screening instruments. {#sec-18a-40-5.2 omnilex-key=us-nj-statutes--title-18a--18A:40-5.2}

2. a. The Commissioner of Education shall distribute to each board of education information on screening instruments available to identify students who possess one or more potential indicators of dyslexia or other reading disabilities pursuant to section 3 of this act. The commissioner shall provide information on the screening instruments appropriate for kindergarten through second grade students and on screening instruments that may be suitably used for older students. A board of education shall select and implement age-appropriate screening instruments for the early diagnosis of dyslexia and other reading disabilities.

b. The commissioner shall develop and distribute to each board of education guidance on appropriate intervention strategies for students diagnosed with dyslexia or other reading disabilities.

##### **§ 18A:40-5.3** Screening for dyslexia, other reading disabilities. {#sec-18a-40-5.3 omnilex-key=us-nj-statutes--title-18a--18A:40-5.3}

3. a. A board of education shall ensure that each student enrolled in the school district who has exhibited one or more potential indicators of dyslexia or other reading disabilities is screened for dyslexia and other reading disabilities using a screening instrument selected pursuant to section 2 of this act no later than the student's completion of the first semester of the second grade.

b. In the event that a student who would have been enrolled in kindergarten or grade one or two during or after the 2014-2015 school year enrolls in the district in kindergarten or grades one through six during or after the 2015-2016 school year and has no record of being previously screened for dyslexia or other reading disabilities pursuant to this act, the board of education shall ensure that the newly-enrolled student is screened for dyslexia and other reading disabilities using a screening instrument selected pursuant to section 2 of this act at the same time other students enrolled in the student's grade are screened for dyslexia and other reading disabilities or, if other students enrolled in the student's grade have previously been screened, within 90 calendar days of the date the student is enrolled in the district.

c. The screening shall be administered by a teacher or other teaching staff member properly trained in the screening process for dyslexia and other reading disabilities.

##### **§ 18A:40-5.4** Comprehensive assessment for the learning disorder. {#sec-18a-40-5.4 omnilex-key=us-nj-statutes--title-18a--18A:40-5.4}

4. In the event that a student is determined through the screening conducted pursuant to section 3 of this act to possess one or more potential indicators of dyslexia or other reading disabilities, the board of education shall ensure that the student receives a comprehensive assessment for the learning disorder. In the event that a diagnosis of dyslexia or other reading disability is confirmed by the comprehensive assessment, the board of education shall provide appropriate evidence-based intervention strategies to the student, including intense instruction on phonemic awareness, phonics and fluency, vocabulary, and reading comprehension.

##### **§ 18A:40-5.5** Findings, declaration relative to mental health. {#sec-18a-40-5.5 omnilex-key=us-nj-statutes--title-18a--18A:40-5.5}

1. The Legislature finds and declares that:

a. Depression is the most common mental health disorder among American teens and adults, with over 2.8 million young people between the ages of 12 and 17 experiencing at least one major depressive episode each year, approximately 10 to 15 percent of teenagers exhibiting at least one symptom of depression at any time, and roughly five percent of teenagers suffering from major depression at any time. Teenage depression is two to three times more common in females than in males.

b. Various biological, psychological, and environmental risk factors may contribute to teenage depression, which can lead to substance and alcohol abuse, social isolation, poor academic and workplace performance, unnecessary risk taking, early pregnancy, and suicide, which is the third leading cause of death among teenagers. Approximately 20 percent of teens with depression seriously consider suicide and one in 12 attempt suicide. Untreated teenage depression can also result in adverse consequences throughout adulthood.

c. Most teens who experience depression suffer from more than one episode. It is estimated that, although teenage depression is highly treatable through combinations of therapy, individual and group counseling, and certain medications, fewer than one-third of teenagers experiencing depression seek help or treatment.

d. The proper detection and diagnosis of depression is a key element in reducing the risk of teenage suicide and improving physical and mental health outcomes for young people. It is therefore fitting and appropriate to establish school-based depression screenings to help identify the symptoms of depression and facilitate access to appropriate treatment.

##### **§ 18A:40-5.6** Mental Health Screening in Schools Grant Program; purposes of program. {#sec-18a-40-5.6 omnilex-key=us-nj-statutes--title-18a--18A:40-5.6}

2. a. There is established in the Department of Education the Mental Health Screening in Schools Grant Program. The purpose of the grant program shall be to provide funding and resources to allow school districts to implement depression screening programs to identify students in the grades seven through 12 who are at risk of depression.

b. (1) A school district that receives an award under the grant program shall make available to each student in the grades seven through 12 an annual health screening for depression. The school district shall meet the following conditions when implementing its depression screening program:

(a) the school district shall use a research-based screening tool in its depression screening program conducted by a licensed mental health professional or through a partnership with an organization or healthcare provider specializing in pediatric and adolescent mental health to conduct the screenings. Nothing in this subsection shall prohibit a school district from using a self-administered screening tool as part of the depression screening program;

(b) the screenings shall be conducted in a manner that permits real time evaluation of the screening results and same day intervention by a licensed mental health professional as indicated by the screening;

(c) the school district shall ensure that the screenings will be conducted in a manner that accommodates bilingual education students, students with disabilities, and students with low reading proficiency when conducting the screenings;

(d) the screenings shall be conducted in a manner that ensures the privacy of the student during the screening process and the confidentiality of the results, consistent with State and federal laws applicable to the confidentiality of student records and mental health records;

(e) pursuant to the provisions of P.L.2001, c.364 (C.18A:36-34), the school district shall obtain written informed consent from a student's parent or guardian prior to the screening;

(f) the school district shall develop a form to obtain permission from a student's parent or guardian to conduct the screening; and

(g) the school district shall forward data collected from the screenings to the Department of Education and the Department of Children and Families in a form and manner to be determined by the Department of Education, provided that any data forwarded shall be aggregated and shall not contain any identifying or confidential information with regard to any individual.

(2) To assist districts in selecting a research-based screening tool to use as part of depression screening programs, the Department of Education, in consultation with the Department of Children and Families, may develop a list of pre-approved research-based screening tools that are validated to screen depression in adolescents. The list shall be posted on the departments' Internet websites.

(3) (a) In the event that a school district chooses to partner with an organization or healthcare provider specializing in pediatric and adolescent mental health to conduct the depression screenings, the partner organization or provider may also provide mental health services as deemed necessary by the organization or provider and as consented to by a student's parent or guardian. A district partnering with an organization or healthcare provider specializing in pediatric and adolescent mental health may develop a form to obtain parental consent and student health insurance information as necessary to satisfy the provisions of any partnership agreement.

(b) The Department of Education, in consultation with the Department of Children and Families and the Department of Health, shall within 180 days of the date of enactment of this act develop guidance and resources for school districts to establish partnerships with organizations or healthcare providers specializing in pediatric and adolescent mental health to conduct depression screenings.

c. A school district seeking to participate and receive funding under the grant program shall submit an application to the Commissioner of Education, in accordance with application procedures and requirements prescribed by the commissioner. An application submitted by a school district shall include, at a minimum:

(1) a description of the depression screening program to be implemented by the school district and an explanation of how the district will make available to each student in the grades seven through 12 an annual health screening for depression;

(2) a description of how the school district will meet the conditions of paragraphs (1) and (3) of subsection b. of this section as applicable;

(3) details concerning the research-based screening tool that will be used by the district or whether the district will partner with an organization or healthcare provider specializing in pediatric and adolescent mental health to conduct the screenings;

(4) a request and justification for the amount of funding sought by the district under the grant program;

(5) a description of how the grant funding will be used to further the purposes of the depression screening program, including hiring additional personnel, purchasing materials, or contracting with outside entities;

(6) a description of how the depression screenings will be conducted in a manner that permits real-time evaluation of the screening results and same day intervention by a licensed mental health professional if required by the results of the screening;

(7) as applicable, the details of any partnership with an organization or provider specializing in pediatric and adolescent mental health services, which shall include, but not be limited to, the name of the organization or provider, the number of students being served by the organization or provider, the expected timeframe to screen the students, the costs associated with engaging in a partnership with the organization or provider, and the location where the screenings will take place. A school district shall detail whether student health insurance information will be required under its agreement with a partner organization or provider, how it will obtain that information, and what accommodations will be made for uninsured or underinsured students whose parents or guardians have consented to the depression screening;

(8) a description of how the district will ensure that the parent or guardian of a student whose screening for depression detects an abnormality is notified of such abnormality and how it will advise the parent or guardian of the services available through a partner organization or provider or supply the parent or guardian with resources to assist in the acquisition of the services of a health care professional in order to obtain further evaluation and diagnosis; and

(9) a description of how the district will obtain written informed consent from a student's parent or guardian prior to the screening, in accordance with the provisions of P.L.2001, c.364 (C.18A:36-34).

d. Awards under the grant program shall be allocated to school districts in a manner to be determined by the commissioner, except that the commissioner shall, to the greatest extent possible, approve applications from at least one school district in each the northern, central, and southern regions of the State and seek a cross-section of school districts from urban, suburban, and rural areas of the State.

e. Nothing in this act shall be construed to affect a school district's ability to provide additional or supplemental services to a student as required by, or as consistent with, any applicable provision of State or federal law.

##### **§ 18A:40-5.7** Mental Health Screening in Schools Grant Program Fund established. {#sec-18a-40-5.7 omnilex-key=us-nj-statutes--title-18a--18A:40-5.7}

3. a. There is established in the Department of Education a non-lapsing fund which shall be known as the Mental Health Screening in Schools Grant Program Fund. All monies appropriated annually by the Legislature, federal and other grants received by the State, and any other monies made available for the purposes of the fund shall be deposited in the fund. Monies deposited in the fund shall be used by the Department of Education to provide funding for grants awarded pursuant to section 2 of this act.

b. A school district may seek to secure funds or other resources from the federal government or from private nonprofit or for-profit sources as may be available, to supplement funds received pursuant to the Mental Health Screening in Schools Grant Program Fund. These funds shall not have any impact on the availability of funding received under the Mental Health Screening in Schools Grant Program.

##### **§ 18A:40-5.8** Depression screening programs; report and evaluation. {#sec-18a-40-5.8 omnilex-key=us-nj-statutes--title-18a--18A:40-5.8}

4. a. The Commissioner of Education shall develop a report, or contract with a research institution or organization to develop a report, evaluating depression screening programs in school districts participating in the Mental Health Screening in Schools Grant Program established pursuant to section 2 of this act as well as other school districts that have developed depression screening programs. In developing the report, the commissioner or contracted research organization or institution shall analyze the data forwarded to the Department of Education and the Department of Children and Families pursuant to subparagraph (g) of paragraph (1) of subsection b. of section 2 of this act. The study shall include information on:

(1) the costs of the programs to the districts and to parents or legal guardians of students, as well as any co-pays received by practitioners as part of the depression screening programs;

(2) the number of students identified as at risk of depression by the depression screenings in each district;

(3) the number of students who were provided mental health services as a result of the screenings;

(4) the number of students who were identified as needing follow-up services;

(5) the number of school staff members involved in the depression screening process and the time spent administering the screening;

(6) best practices utilized by the districts or mental health providers in implementing the depression screening programs;

(7) the health, academic, and safety benefits associated with establishing a depression screening program and an evaluation of any potential negative impacts on school districts and families that may be associated with implementing a depression screening program; and

(8) findings and recommendations concerning additional resources that may be necessary to screen adolescents for depression and to provide follow-up services to adolescents who have exhibited abnormalities in depression screenings.

b. Within 300 days following September 1 of the first full school year following the date of enactment, the report developed pursuant to subsection a. of this section shall be submitted to the Department of Education, the Department of Health, the Department of Children and Families, the Joint Committee on the Public Schools, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).

##### **§ 18A:40-5.9** Referral to professional counseling for students. {#sec-18a-40-5.9 omnilex-key=us-nj-statutes--title-18a--18A:40-5.9}

1. A student assistance coordinator, school counselor, or school psychologist or other mental health professional working in a school district may refer, or help facilitate the referral of, a student to an individual or practice licensed to provide professional counseling under Title 45 of the Revised Statutes, for mental health assessments and services. A student assistance coordinator, school counselor, or school psychologist or other mental health professional working in a school district shall not refer a student to an individual or practice licensed to provide professional counseling if the student assistance coordinator, school counselor, or school psychologist or other mental health professional, or that individual’s immediate family, or that individual in combination with the individual’s immediate family has a significant beneficial interest in or with the individual or practice licensed to provide professional counseling. If a student is not legally permitted to consent to the mental health assessments and services, the student’s parent or guardian shall be notified of, and consent to, the referral or the facilitation of a referral prior to the provision of any assessment or service by the licensed individual or practice. A licensed individual or practice shall be required to obtain consent from a student, or from the parent or guardian in the case of a student who is not legally permitted to consent, before providing mental health assessments or services. In the case of a referral or a facilitation of a referral pursuant to this section, neither the school district nor the individual referring or facilitating the referral shall bear the cost of the assessments or services provided to the student, unless otherwise provided by law.

This section shall not be construed to limit a school district’s authority to provide mental health assessments and services to a student prior to or after a referral or the facilitation of a referral has been made to an individual or practice licensed to provide professional counseling under Title 45 of the Revised Statutes.

##### **§ 18A:40-6** In general {#sec-18a-40-6 omnilex-key=us-nj-statutes--title-18a--18A:40-6}

The board of education of any district may provide such equipment, supplies, and services as in its judgment will aid in the preservation and promotion of the health of the pupils, subject to the provisions of section 18A:18-5.1.

##### **§ 18A:40-7** Exclusion of pupils who are ill {#sec-18a-40-7 omnilex-key=us-nj-statutes--title-18a--18A:40-7}

When there is evidence of departure from normal health of any pupil, the principal of the school shall upon the recommendation of the school physician or school nurse exclude such pupil from the school building, and in the absence from the building of the school physician or school nurse, the classroom teacher may exclude the pupil from the classroom and the principal may exclude the pupil from the school building.

##### **§ 18A:40-8** Exclusion of pupils whose presence is detrimental to health and cleanliness {#sec-18a-40-8 omnilex-key=us-nj-statutes--title-18a--18A:40-8}

The principal may, upon the recommendation of the school physician or the school nurse, if either of them are present in the building, exclude from school any pupil who has been exposed to a communicable disease or whose presence in the school room certified by the medical inspector as detrimental to the health or cleanliness of the pupils in the school, and in the absence from the building of the school physician or school nurse, the classroom teacher may exclude the pupil from the classroom and the principal may exclude the pupil from the school building and the principal or the classroom teacher, as the case may be, shall notify the parent, guardian or other person having control of the pupil of the reason for his exclusion.

##### **§ 18A:40-9** Failure of parent to remove cause for exclusion; penalty {#sec-18a-40-9 omnilex-key=us-nj-statutes--title-18a--18A:40-9}

If the cause for exclusion under this article is such that it can be remedied, and the parent, guardian or other person having control of the pupil excluded shall fail within a reasonable time to have the cause for the exclusion removed, the parent, guardian or other person shall be proceeded against, and upon conviction, be punishable as a disorderly person.

##### **§ 18A:40-10** Exclusion of teachers and pupils exposed to disease {#sec-18a-40-10 omnilex-key=us-nj-statutes--title-18a--18A:40-10}

No teacher or pupil who is a member of a household in which a person is ill with smallpox, diphtheria, scarlet fever, whooping cough, yellow fever, typhus fever, cholera, measles, or such other contagious or infectious disease as may be designated by the board of education, or of a household exposed to contagion as aforesaid, shall attend any public school during such illness, nor until the board of education has been furnished with a certificate from the board of health, or from the physician attending such person, or from a medical inspector, certifying that all danger of communicating the disease by the teacher or pupil has passed.

##### **§ 18A:40-11** Exclusion of pupils having communicable tuberculosis {#sec-18a-40-11 omnilex-key=us-nj-statutes--title-18a--18A:40-11}

Any pupil found to have communicable tuberculosis shall be excluded from school and a report of each such case shall be filed by the school medical inspector with the health officer of the municipality in which the pupil resides. Readmission to school may be granted when proof satisfactory to the school medical inspector is furnished to indicate that the pupil is free from communicable tuberculosis.

##### **§ 18A:40-11.1** Request for home instruction. {#sec-18a-40-11.1 omnilex-key=us-nj-statutes--title-18a--18A:40-11.1}

1. a. A parent or guardian requesting home instruction due to a student’s temporary or chronic health condition or need for treatment that precludes participation in the student’s usual education setting, whether general education or special education, shall submit to the board of education a request that includes a written determination from the student’s physician, physician assistant, or advanced practice nurse documenting the projected need for confinement at the student’s residence or other treatment setting for more than 10 consecutive school days or 17 cumulative school days during the school year.

b. The provisions of this section shall be in addition to any other requirement for the receipt of home instruction established pursuant to State Board of Education regulations.

##### **§ 18A:40-12** Closing schools during epidemic {#sec-18a-40-12 omnilex-key=us-nj-statutes--title-18a--18A:40-12}

Whenever the board of health of any municipality shall declare any epidemic or cause of ill health to be so injurious or hazardous as to make it necessary to close any or all of the public schools in the municipality, the board shall immediately serve notice on the board of education of the school district situated in the municipality that it is desirable to close the school or schools. Upon receipt of the notice the board of education may close the schools under its control, or such of them as may be designated by the board of health. The schools so closed shall not be reopened until the board of education is satisfied that all danger from the epidemic or cause of ill health has been removed.

##### **§ 18A:40-12.1** Protective eye devices required for teachers, pupils and visitors in certain cases {#sec-18a-40-12.1 omnilex-key=us-nj-statutes--title-18a--18A:40-12.1}

The board of education of every school district shall require each pupil and teacher in the public schools of the district to wear industrial quality eye protective devices while attending classes in vocational or industrial art shops or laboratories in which caustic or explosive chemicals, hot liquids or solids, hot molten metals, or explosives are used or in which welding of any type, repair or servicing of vehicles, heat treatment or tempering of metals, or the milling, sawing, stamping or cutting of solid materials, or any similar dangerous process is taught, exposure to which might have a tendency to cause damage to the eyes. Visitors to such classrooms or laboratories shall also be required to wear such protective devices.

##### **§ 18A:40-12.2** Rules prescribing kinds, types and quality of devices {#sec-18a-40-12.2 omnilex-key=us-nj-statutes--title-18a--18A:40-12.2}

The commissioner, by rule or regulation, shall prescribe the kinds, types and quality of such protective devices and in so doing, the commissioner shall be guided by the standards promulgated by the American Standards Association, Inc. for such protective devices.

##### **§ 18A:40-12.3** Self-administration of medication by pupil permitted. {#sec-18a-40-12.3 omnilex-key=us-nj-statutes--title-18a--18A:40-12.3}

1. a. A board of education or the governing board or chief school administrator of a nonpublic school shall permit the self-administration of medication by a pupil for asthma or other potentially life-threatening illnesses, a life-threatening allergic reaction, or adrenal insufficiency provided that:

(1) the parents or guardians of the pupil provide to the board of education or the governing board or chief school administrator of a nonpublic school written authorization for the self-administration of medication;

(2) the parents or guardians of the pupil provide to the board of education or the governing board or chief school administrator of a nonpublic school written certification from the physician of the pupil that the pupil has asthma or another potentially life-threatening illness, is subject to a life-threatening allergic reaction, or has adrenal insufficiency and is capable of, and has been instructed in, the proper method of self-administration of medication;

(3) the board of education or the governing board or chief school administrator of a nonpublic school informs the parents or guardians of the pupil in writing that the district and its employees or agents or the nonpublic school and its employees or agents shall incur no liability as a result of any injury arising from the self-administration of medication by the pupil;

(4) the parents or guardians of the pupil sign a statement acknowledging that the district or the nonpublic school shall incur no liability as a result of any injury arising from the self-administration of medication by the pupil and that the parents or guardians shall indemnify and hold harmless the district and its employees or agents or the nonpublic school and its employees or agents against any claims arising out of the self-administration of medication by the pupil; and

(5) the permission is effective for the school year for which it is granted and is renewed for each subsequent school year upon fulfillment of the requirements in paragraphs (1) through (4) of this subsection.

b. Notwithstanding any other law or regulation to the contrary, a pupil who is permitted to self-administer medication under the provisions of this section shall be permitted to carry an inhaler or prescribed medication for allergic reactions, including a pre-filled auto-injector mechanism, or prescribed medication for adrenal insufficiency at all times, provided that the pupil does not endanger himself or other persons through misuse.

c. Any person who acts in good faith in accordance with the requirements of this act shall be immune from any civil or criminal liability arising from actions performed pursuant to this act.

##### **§ 18A:40-12.4** Rules, regulations {#sec-18a-40-12.4 omnilex-key=us-nj-statutes--title-18a--18A:40-12.4}

2. a. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) the State Board of Education shall promulgate such rules and regulations as it deems necessary no later than six months after the effective date of this act.

b. A board of education shall not be prohibited from permitting the administration of medication pursuant to section 1 of this act prior to the promulgation of rules and regulations by the State Board of Education.

##### **§ 18A:40-12.5** Development of policy for emergency administration of epinephrine to students. {#sec-18a-40-12.5 omnilex-key=us-nj-statutes--title-18a--18A:40-12.5}

1. Each board of education or chief school administrator of a nonpublic school shall develop a policy in accordance with the guidelines established by the Department of Education pursuant to section 4 of P.L.2007, c.57 (C.18A:40-12.6a) for the emergency administration of epinephrine via a pre-filled auto-injector mechanism to a pupil for anaphylaxis provided that:

a. the parents or guardians of the pupil provide to the board of education or chief school administrator of a nonpublic school written authorization for the administration of the epinephrine;

b. the parents or guardians of the pupil provide to the board of education or chief school administrator of a nonpublic school written orders from the physician or advanced practice nurse that the pupil requires the administration of epinephrine for anaphylaxis;

c. the board or chief school administrator of a nonpublic school informs the parents or guardians of the pupil in writing that the district and its employees or agents or the nonpublic school and its employees or agents shall have no liability as a result of any injury arising from the administration of the epinephrine via a pre-filled auto-injector mechanism;

d. the parents or guardians of the pupil sign a statement acknowledging their understanding that the district or the nonpublic school shall have no liability as a result of any injury arising from the administration of the epinephrine via a pre-filled auto-injector mechanism to the pupil and that the parents or guardians shall indemnify and hold harmless the district and its employees or agents or the nonpublic school and its employees or agents against any claims arising out of the administration of the epinephrine via a pre-filled auto-injector mechanism; and

e. the permission is effective for the school year for which it is granted and is renewed for each subsequent school year upon fulfillment of the requirements in subsections a. through d. of this section.

The policy developed by a board of education or chief school administrator of a nonpublic school shall require:

(1) the placement of a pupil's prescribed epinephrine in a secure but unlocked location easily accessible by the school nurse and designees to ensure prompt availability in the event of an allergic emergency at school or at a school-sponsored function. The location of the epinephrine shall be indicated on the pupil's emergency care plan. Back-up epinephrine via a pre-filled auto-injector mechanism shall also be available at the school if needed;

(2) the school nurse or designee to be promptly available on site at the school and school-sponsored functions in the event of an allergic reaction; and

(3) the transportation of the pupil to a hospital emergency room by emergency services personnel after the administration of epinephrine, even if the pupil's symptoms appear to have resolved.

f. The policy developed by a board of education or chief school administrator of a nonpublic school shall also:

(1) permit the school nurse or trained designee to administer epinephrine via a pre-filled auto-injector mechanism to any pupil without a known history of anaphylaxis or any pupil whose parent or guardian has not met the requirements of subsections a., b., and d. of this section and has not received the notice required pursuant to subsection c. of this section when the nurse or designee in good faith believes that the pupil is having an anaphylactic reaction; and

(2) require each public and nonpublic school to maintain in a secure but unlocked and easily accessible location a supply of epinephrine auto-injectors that is prescribed under a standing protocol from a licensed physician or an advanced practice nurse, and is accessible to the school nurse and trained designees for administration to a pupil having an anaphylactic reaction.

##### **§ 18A:40-12.6** Policy for administration of epinephrine to pupil. {#sec-18a-40-12.6 omnilex-key=us-nj-statutes--title-18a--18A:40-12.6}

2. The policy for the administration of medication to a pupil shall provide that the school nurse shall have the primary responsibility for the administration of the epinephrine. The school nurse shall designate, in consultation with the board of education, or chief school administrator of a nonpublic school additional employees of the school district or nonpublic school who volunteer to administer epinephrine via a pre-filled auto-injector mechanism to a pupil for anaphylaxis when the nurse is not physically present at the scene. In the event that a licensed athletic trainer volunteers to administer epinephrine, it shall not constitute a violation of the "Athletic Training Licensure Act," P.L.1984, c.203 (C.45:9-37.35 et seq.).

Except as otherwise provided pursuant to subsection f. of section 1 of P.L.1997, c.368 (C.18A:40-12.5), the school nurse shall determine that:

a. the designees have been properly trained in the administration of the epinephrine via a pre-filled auto-injector mechanism using standardized training protocols established by the Department of Education in consultation with the Department of Health;

b. the parents or guardians of the pupil consent in writing to the administration of the epinephrine via a pre-filled auto-injector mechanism by the designees;

c. the board or chief school administrator of a nonpublic school informs the parents or guardians of the pupil in writing that the district and its employees or agents or the nonpublic school and its employees and agents shall have no liability as a result of any injury arising from the administration of the epinephrine to the pupil;

d. the parents or guardians of the pupil sign a statement acknowledging their understanding that the district or nonpublic school shall have no liability as a result of any injury arising from the administration of the epinephrine via a pre-filled auto-injector mechanism to the pupil and that the parents or guardians shall indemnify and hold harmless the district and its employees or agents against any claims arising out of the administration of the epinephrine via a pre-filled auto-injector mechanism to the pupil; and

e. the permission is effective for the school year for which it is granted and is renewed for each subsequent school year upon fulfillment of the requirements in subsections a. through d. of this section.

The Department of Education, in consultation with the Department of Health, shall require trained designees for students enrolled in a school who may require the emergency administration of epinephrine for anaphylaxis when the school nurse is not available.

Nothing in this section shall be construed to prohibit the emergency administration of epinephrine via a pre-filled auto-injector mechanism to a pupil for anaphylaxis by the school nurse or other employees designated pursuant to this section when the pupil is authorized to self-administer epinephrine pursuant to section 1 of P.L.1993, c.308 (C.18A:40-12.3), or when there is a coexisting diagnosis of asthma, or when a prescription is received from a licensed health care professional for epinephrine coupled with another form of medication, or when the epinephrine is administered pursuant to subsection f. of section 1 of P.L.1997, c.368 (C.18A:40-12.5).

##### **§ 18A:40-12.6a** Guidelines for schools for management of food allergies, administration of epinephrine. {#sec-18a-40-12.6a omnilex-key=us-nj-statutes--title-18a--18A:40-12.6a}

4. The Department of Education, in consultation with the Department of Health, appropriate medical experts, and professional organizations representing school nurses, principals, teachers, and the food allergy community, shall establish and disseminate to each board of education and chief school administrator of a nonpublic school guidelines for the development of a policy by a school district or nonpublic school for the management of food allergies in the school setting and the emergency administration of epinephrine to students for anaphylaxis.

##### **§ 18A:40-12.6b** Implementation of established guidelines. {#sec-18a-40-12.6b omnilex-key=us-nj-statutes--title-18a--18A:40-12.6b}

5. Each board of education and chief school administrator of a nonpublic school shall implement in the schools of the district or the nonpublic school the guidelines established and disseminated pursuant to section 4 of P.L.2007, c.57 (C.18A:40-12.6a).

##### **§ 18A:40-12.6c** Training protocols for volunteer designees to administer epinephrine. {#sec-18a-40-12.6c omnilex-key=us-nj-statutes--title-18a--18A:40-12.6c}

6. a. In an effort to assist the certified school nurse in a public school district and the school nurse in a nonpublic school in recruiting and training additional school employees as volunteer designees to administer epinephrine for anaphylaxis when the school nurse is not physically present, the Department of Education and the Department of Health shall jointly develop training protocols, in consultation with the New Jersey School Nurses Association.

b. The certified school nurse in consultation with the board of education, or the school nurse in consultation with the chief school administrator of a nonpublic school, shall recruit and train volunteer designees who are determined acceptable candidates by the school nurse within each school building as deemed necessary by the nursing service plan.

##### **§ 18A:40-12.6d** Immunity from liability. {#sec-18a-40-12.6d omnilex-key=us-nj-statutes--title-18a--18A:40-12.6d}

7. No school employee, including a school nurse, or any other officer or agent of a board of education or nonpublic school, or a physician or an advanced practice nurse providing a prescription under a standing protocol for school epinephrine pursuant to subsection f. of section 1 of P.L.1997, c.368 (C.18A:40-12.5), shall be held liable for any good faith act or omission consistent with the provisions of P.L.1997, c.368 (C.18A:40-12.5 et seq.), nor shall an action before the New Jersey State Board of Nursing lie against a school nurse for any such action taken by a person designated in good faith by the school nurse pursuant to section 2 of P.L.1997, c.368 (C.18A:40-12.6). Good faith shall not include willful misconduct, gross negligence or recklessness.

##### **§ 18A:40-12.6e** Funds used for compliance in nonpublic schools. {#sec-18a-40-12.6e omnilex-key=us-nj-statutes--title-18a--18A:40-12.6e}

4. Notwithstanding any law to the contrary, funds appropriated or otherwise made available pursuant to P.L.1991, c.226 (C.18A:40-23 et seq.) may be used to comply with the requirements of subsection f. of section 1 of P.L.1997, c.368 (C.18A:40-12.5) in nonpublic schools.

##### **§ 18A:40-12.7** Nebulizer required in schools. {#sec-18a-40-12.7 omnilex-key=us-nj-statutes--title-18a--18A:40-12.7}

2. Each public and nonpublic school in the State shall have and maintain for the use of pupils at least one nebulizer in the office of the school nurse or a similar accessible location

##### **§ 18A:40-12.8** Regulations for use of nebulizer in schools. {#sec-18a-40-12.8 omnilex-key=us-nj-statutes--title-18a--18A:40-12.8}

3. The State Board of Education, in consultation with the Commissioner of Health, shall adopt regulations requiring each public school board of education to develop policies for the administration of asthma medication through the use of a nebulizer by the school nurse or other person authorized by regulation. The regulations shall include:

a. a requirement that each certified nurse or other person authorized to administer asthma medication receive training in airway management and in the use of nebulizers and inhalers consistent with nationally recognized standards, including, but not limited to, those of the National Institutes of Health and the American Association of Allergy and Immunology; and

b. a requirement that each pupil authorized to use asthma medication pursuant to section 1 of P.L.1993, c.308 (C.18A:40-12.3), or a nebulizer have an asthma treatment plan prepared by the physician of the pupil, which shall identify, at a minimum, asthma triggers, the treatment plan, and such other elements as shall be determined by the State Board of Education.

##### **§ 18A:40-12.9** Annual asthma education opportunities. {#sec-18a-40-12.9 omnilex-key=us-nj-statutes--title-18a--18A:40-12.9}

4. The Commissioner of Education shall ensure that annual asthma education opportunities are made available for medical inspectors and all members of the teaching staff.

##### **§ 18A:40-12.10** Reimbursement to school. {#sec-18a-40-12.10 omnilex-key=us-nj-statutes--title-18a--18A:40-12.10}

5. A public or nonpublic school shall apply to the Department of Education for reimbursement of the costs incurred in implementing the provisions of this act. The department is authorized to accept contributions of funds to reimburse public and nonpublic schools for those costs.

##### **§ 18A:40-12.11** Findings, declarations relative to the care of students with diabetes. {#sec-18a-40-12.11 omnilex-key=us-nj-statutes--title-18a--18A:40-12.11}

1. The Legislature finds and declares that:

a. Diabetes is a serious chronic disease that impairs the body's ability to use food, and must be managed 24 hours a day in order to avoid the potentially life-threatening short-term consequences of blood sugar levels that are either too high or too low, and avoid or delay the serious long-term complications of high blood sugar levels that include blindness, amputation, heart disease, and kidney failure;

b. In order to manage their disease, students with diabetes must have access to the means to balance food, medications, and physical activity level while at school and at school-related activities;

c. The school nurse is the most appropriate person in the school setting to provide care for a student with diabetes, because the school nurse is in a position to coordinate care and educate school staff in the monitoring and treatment of symptoms, develop an individualized health care plan and an individualized emergency health care plan, and consult and coordinate with a student's parents or guardians and health care provider to establish a safe, therapeutic environment;

d. Because of the significant number of students with diabetes, the effect of diabetes upon a student's ability to learn, and the risk of serious long and short-term medical complications, the Legislature deems it in the public interest to enact legislation that addresses the care of students with diabetes within the public school system.

##### **§ 18A:40-12.12** Definitions relative to the care of students with diabetes. {#sec-18a-40-12.12 omnilex-key=us-nj-statutes--title-18a--18A:40-12.12}

2. As used in this act:

"Individualized emergency health care plan" means a document developed by the school nurse, in consultation with the parent or guardian of a student with diabetes and other appropriate medical professionals, which is consistent with the recommendations of the student's health care providers and which outlines a set of procedural guidelines that provide specific directions about what to do in a particular emergency situation and is signed by the parent or guardian and the school nurse.

"Individualized health care plan" means a document developed by the school nurse, in consultation with the parent or guardian of a student with diabetes and other appropriate medical professionals who may be providing diabetes care to the student, which is consistent with the recommendations of the student's health care providers and which sets out the health services needed by the student at school and is signed by the parent or guardian and the school nurse.

"School" means an elementary or secondary public school located within this State.

"School employee" means a person employed by a school district.

##### **§ 18A:40-12.13** Development of health care plans for students with diabetes. {#sec-18a-40-12.13 omnilex-key=us-nj-statutes--title-18a--18A:40-12.13}

3. a. The parent or guardian of a student with diabetes who seeks diabetes care while at school shall inform the school nurse who shall develop an individualized health care plan and an individualized emergency health care plan for the student provided that:

(1) the parents or guardians of the student annually provide to the board of education written authorization for the provision of diabetes care as may be outlined in the individualized plans including authorization for the emergency administration of glucagon and, if requested by the student's parents or guardians pursuant to section 5 of this act, authorization for the student's self-management and care of his diabetes; and

(2) if a request is made by a student's parent or guardian pursuant to section 5 of this act, the student's physician or advanced practice nurse provides written certification to the board of education that the student is capable of, and has been instructed in, the management and care of his diabetes.

b. The individualized health care plan and individualized emergency health care plan developed in accordance with subsection a. of this section shall be updated by the school nurse prior to the beginning of each school year and as necessary in the event that there is a change in the health status of the student.

c. Each individualized health care plan shall include, and each individualized emergency health care plan may include, the following information:

(1) the symptoms of hypoglycemia for that particular student and the recommended treatment;

(2) the symptoms of hyperglycemia for that particular student and the recommended treatment;

(3) the frequency of blood glucose testing;

(4) written orders from the student's physician or advanced practice nurse outlining the dosage and indications for insulin administration and the administration of glucagon, if needed;

(5) times of meals and snacks and indications for additional snacks for exercise;

(6) full participation in exercise and sports, and any contraindications to exercise, or accommodations that must be made for that particular student;

(7) accommodations for school trips, after-school activities, class parties, and other school-related activities;

(8) education of all school personnel who may come in contact with the student about diabetes, how to recognize and treat hypoglycemia, how to recognize hyperglycemia, and when to call for assistance;

(9) medical and treatment issues that may affect the educational process of the student with diabetes; and

(10) how to maintain communications with the student, the student's parent or guardian and health care team, the school nurse, and the educational staff.

d. The school nurse assigned to a particular school shall coordinate the provision of diabetes care at that school and ensure that appropriate staff are trained in the care of students with diabetes, including staff working with school-sponsored programs outside of the regular school day, as provided in the individualized health care plan and the individualized emergency health care plan.

##### **§ 18A:40-12.14** Authorized employees for administration of glucagon. {#sec-18a-40-12.14 omnilex-key=us-nj-statutes--title-18a--18A:40-12.14}

4. a. The school nurse shall have the primary responsibility for the emergency administration of glucagon to a student with diabetes who is experiencing severe hypoglycemia. The school nurse shall designate, in consultation with the board of education, additional employees of the school district who volunteer to administer glucagon to a student with diabetes who is experiencing severe hypoglycemia. The designated employees shall only be authorized to administer glucagon, following training by the school nurse or other qualified health care professional, when a school nurse is not physically present at the scene.

b. The activities set forth in subsection a. of this section shall not constitute the practice of nursing and shall be exempted from all applicable statutory or regulatory provisions that restrict the activities that may be delegated to a person who is not a licensed health care professional.

c. In the event that a licensed athletic trainer volunteers to administer glucagon to a student with diabetes pursuant to subsection a. of this section, it shall not constitute a violation of the "Athletic Training Licensure Act," P.L.1984, c.203 (C.45:9-37.35 et seq.).

##### **§ 18A:40-12.15** Management, care of diabetes by student permitted; authorization. {#sec-18a-40-12.15 omnilex-key=us-nj-statutes--title-18a--18A:40-12.15}

5. Upon the written request of the parent or guardian and as provided in a student's individualized health care plan, a school district shall allow the student to attend to the management and care of the student's diabetes as needed in the classroom, in any area of the school or school grounds, or at any school-related activity if the student has been evaluated and determined to be capable of doing so as reflected in the student's individualized health care plan. The student's management and care of his diabetes shall include the following:

a. performing blood glucose level checks;

b. administering insulin through the insulin delivery system the student uses;

c. treating hypoglycemia and hyperglycemia;

d. possessing on the student's person at any time the supplies or equipment necessary to monitor and care for the student's diabetes;

e. compliance with required procedures for medical waste disposal in accordance with district policies and as set forth in the individualized health care plan; and

f. otherwise attending to the management and care of the student's diabetes.

##### **§ 18A:40-12.16** Notification to school bus driver. {#sec-18a-40-12.16 omnilex-key=us-nj-statutes--title-18a--18A:40-12.16}

6. A school district shall, for each pupil with diabetes whom a school bus driver transports, provide the driver with a notice of the pupil's condition, how to treat hypoglycemia, who to contact in an emergency, and parent contact information.

##### **§ 18A:40-12.17** Posting of reference sheet. {#sec-18a-40-12.17 omnilex-key=us-nj-statutes--title-18a--18A:40-12.17}

7. Designated areas of the school building shall have posted, in plain view, a reference sheet identifying signs and symptoms of hypoglycemia in students with diabetes.

##### **§ 18A:40-12.18** Release for sharing of certain medical information. {#sec-18a-40-12.18 omnilex-key=us-nj-statutes--title-18a--18A:40-12.18}

8. The school nurse shall obtain a release from the parent or guardian of a diabetic student to authorize the sharing of medical information between the student's physician or advanced practice nurse and other health care providers. The release shall also authorize the school nurse to share medical information with other staff members of the school district as necessary.

##### **§ 18A:40-12.19** Immunity from liability. {#sec-18a-40-12.19 omnilex-key=us-nj-statutes--title-18a--18A:40-12.19}

9. No school employee, including a school nurse, a school bus driver, a school bus aide, or any other officer or agent of a board of education, shall be held liable for any good faith act or omission consistent with the provisions of this act, nor shall an action before the New Jersey State Board of Nursing lie against a school nurse for any such action taken by a person trained in good faith by the school nurse pursuant to this act. Good faith shall not include willful misconduct, gross negligence, or recklessness.

##### **§ 18A:40-12.20** Possession of syringes authorized. {#sec-18a-40-12.20 omnilex-key=us-nj-statutes--title-18a--18A:40-12.20}

10. The possession and use of syringes consistent with the purposes of this act shall not be considered a violation of applicable statutory or regulatory provisions that may otherwise restrict or prohibit such possession and use.

##### **§ 18A:40-12.21** School choice not restricted. {#sec-18a-40-12.21 omnilex-key=us-nj-statutes--title-18a--18A:40-12.21}

11. A student's school choice shall not be restricted due to the fact that the student has diabetes.

##### **§ 18A:40-12.21a** Type 1 diabetes, informational materials, available to parents, guardians of enrolled students. {#sec-18a-40-12.21a omnilex-key=us-nj-statutes--title-18a--18A:40-12.21a}

1. a. The Department of Health, in consultation with the Department of Education, shall develop informational materials on type 1 diabetes. The materials shall be posted on the Department of Education's Internet website. Each school district shall make the informational materials available to the parents or guardians of the students enrolled in the districts.

b. The informational materials shall include, at minimum:

(1) a description of type 1 diabetes;

(2) a description of risk factors and warning signs associated with type 1 diabetes;

(3) a recommendation that the parents or guardians of students displaying warning signs associated with type 1 diabetes should consult with the student's primary care provider to determine if immediate screening for type 1 diabetes is appropriate;

(4) a description of the screening process for type 1 diabetes and the implications of test results;

(5) a recommendation that, following a type 1 diagnosis, parents or guardians should consult with the student's primary care provider to develop an appropriate treatment plan, which may include consultation with and examination by a specialty care provider, including, but not limited to, a properly qualified endocrinologist; and

(6) information on the provision of diabetes care in school following a type 1 diagnosis pursuant to P.L.2009. c.131 (C.18A:40-12.11 et seq.)

##### **§ 18A:40-12.22** Policy for administration of medical cannabis to student. {#sec-18a-40-12.22 omnilex-key=us-nj-statutes--title-18a--18A:40-12.22}

1. a. A board of education or chief school administrator of a nonpublic school shall develop a policy authorizing parents, guardians, and designated caregivers to administer medical cannabis to a student while the student is on school grounds, aboard a school bus, or attending a school-sponsored event.

b. A policy adopted pursuant to subsection a. of this section shall, at a minimum:

(1) require that the student be authorized to engage in the medical use of cannabis pursuant to P.L.2009, c.307 (C.24:6I-1 et al.) and that the parent, guardian, or designated caregiver be authorized to assist the student with the medical use of cannabis pursuant to P.L.2009, c.307 (C.24:6I-1 et al.);

(2) establish protocols for verifying the registration status and ongoing authorization pursuant to P.L.2009, c.307 (C.24:6I-1 et al.) concerning the medical use of cannabis for the student and the parent, guardian, or designated caregiver;

(3) expressly authorize parents, guardians, and designated caregivers of students who have been authorized for the medical use of cannabis to administer medical cannabis to the student while the student is on school grounds, aboard a school bus, or attending a school-sponsored event;

(4) identify locations on school grounds where medical cannabis may be administered; and

(5) prohibit the administration of medical cannabis to a student by smoking or other form of inhalation while the student is on school grounds, aboard a school bus, or attending a school-sponsored event.

c. Medical cannabis may be administered to a student while the student is on school grounds, aboard a school bus, or attending school-sponsored events, provided that such administration is consistent with the requirements of the policy adopted pursuant to this section.

##### **§ 18A:40-12.23** Definitions relative to the emergency administration of opioid antidotes in schools. {#sec-18a-40-12.23 omnilex-key=us-nj-statutes--title-18a--18A:40-12.23}

1. As used in this act:

"Opioid antidote" means any drug, regardless of dosage amount or method of administration, which has been approved by the United States Food and Drug Administration (FDA) for the treatment of an opioid overdose. "Opioid antidote" includes, but is not limited to, naloxone hydrochloride, in any dosage amount, which is administered through nasal spray or any other FDA-approved means or methods.

"Opioid overdose" means an acute condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death resulting from the consumption or use of an opioid drug or another substance with which an opioid drug was combined, and that a layperson would reasonably believe to require medical assistance.

"School-sponsored function" means any activity, event, or program occurring on or off school grounds, whether during or outside of regular school hours, that is organized or supported by the school.

##### **§ 18A:40-12.24** Development of school policy for emergency administration of opioid antidotes. {#sec-18a-40-12.24 omnilex-key=us-nj-statutes--title-18a--18A:40-12.24}

2. a. Each board of education, board of trustees of a charter school, and chief school administrator of a nonpublic school shall develop a policy, in accordance with guidelines established by the Department of Education pursuant to section 3 of this act, for the emergency administration of an opioid antidote to a student, staff member, or other person who is reasonably believed to be experiencing an opioid overdose. The policy shall:

(1) require each school that includes any of the grades nine through 12, and permit any other school, to obtain a standing order for opioid antidotes pursuant to section 4 of the "Overdose Prevention Act," P.L.2013, c.46 (C.24:6J-4), and to maintain a supply of opioid antidotes under the standing order in a secure but unlocked and easily accessible location; and

(2) direct the school nurse, or a trained employee designated pursuant to subsection c. of this section, to administer an opioid antidote to any person whom the nurse or trained employee in good faith reasonably believes is experiencing an opioid overdose.

b. (1) Opioid antidotes shall be maintained by a school pursuant to paragraph (1) of subsection a. of this section in quantities and types deemed adequate by the board of education, board of trustees of a charter school, or chief school administrator of a nonpublic school, in consultation with the Department of Education and the Department of Human Services.

(2) The opioid antidotes shall be accessible in the school during regular school hours and during school-sponsored functions that take place in the school or on school grounds adjacent to the school building. A board of education, board of trustees of a charter school, or chief school administrator of a nonpublic school may, in its discretion, make opioid antidotes accessible during school-sponsored functions that take place off school grounds.

c. (1) The school nurse shall have the primary responsibility for the emergency administration of an opioid antidote in accordance with a policy developed under this section. The board of education, board of trustees of a charter school, or chief school administrator of a nonpublic school shall designate additional employees of the school district, charter school, or nonpublic school who volunteer to administer an opioid antidote in the event that a person is reasonably believed to be experiencing an opioid overdose when the nurse is not physically present at the scene. Nothing in this section shall be construed to prohibit any other person from administering an opioid antidote to a person who is reasonably believed to be experiencing an opioid overdose, if the administration is consistent with the requirements of P.L.2013, c.46 (C.24:6J-1 et al.).

(2) In the event that a licensed athletic trainer volunteers to administer an opioid antidote pursuant to this act, it shall not constitute a violation of the "Athletic Training Licensure Act," P.L.1984, c.203 (C.45:9-37.35 et seq.).

d. A policy developed pursuant to this section shall require the transportation of a person reasonably believed to have experienced an overdose to a hospital emergency room by emergency services personnel after the administration of an opioid antidote, even if the person's symptoms appear to have resolved.

##### **§ 18A:40-12.25** Guidelines for development of policy. {#sec-18a-40-12.25 omnilex-key=us-nj-statutes--title-18a--18A:40-12.25}

3. a. The Department of Education, in consultation with the Department of Human Services and appropriate medical experts, shall establish guidelines for the development of a policy by a school district, charter school, or nonpublic school for the emergency administration of opioid antidotes. Each board of education, board of trustees of a charter school, and chief school administrator of a nonpublic school shall implement the guidelines in developing a policy pursuant to section 2 of this act.

b. The guidelines shall include a requirement that each school nurse, and each employee designated pursuant to subsection c. of section 2 of this act, receive training on standardized protocols for the administration of an opioid antidote to a person who is reasonably believed to be experiencing an opioid overdose. The training shall include the overdose prevention information described in subsection a. of section 5 of the "Overdose Prevention Act," P.L.2013, c.46 (C.24:6J-5). The guidelines shall specify an appropriate entity or entities to provide the training, and a school nurse shall not be solely responsible to train the employees designated pursuant to subsection c. of section 2 of this act.

##### **§ 18A:40-12.26** Immunity from liability. {#sec-18a-40-12.26 omnilex-key=us-nj-statutes--title-18a--18A:40-12.26}

4. No school employee, including a school nurse, or any other officer or agent of a board of education, charter school, or nonpublic school, or a prescriber of opioid antidotes for a school through a standing order, shall be held liable for any good faith act or omission consistent with the provisions of this act. Good faith shall not include willful misconduct, gross negligence, or recklessness.

##### **§ 18A:40-12.27** Shared services arrangement. {#sec-18a-40-12.27 omnilex-key=us-nj-statutes--title-18a--18A:40-12.27}

5. A school district may enter into a shared services arrangement with another school district for the provision of opioid antidotes pursuant to section 2 of this act if the arrangement will result in cost savings for the districts.

##### **§ 18A:40-12.28** Funds used for compliance by nonpublic schools. {#sec-18a-40-12.28 omnilex-key=us-nj-statutes--title-18a--18A:40-12.28}

6. Notwithstanding any law to the contrary, funds appropriated or otherwise made available pursuant to P.L.1991, c.226 (C.18A:40-23 et seq.) may be used to comply with the requirements of section 2 of this act in nonpublic schools.

##### **§ 18A:40-12.29** Policy for emergency administration of hydrocortisone sodium succinate. {#sec-18a-40-12.29 omnilex-key=us-nj-statutes--title-18a--18A:40-12.29}

2. a. Each board of education or chief school administrator of a nonpublic school shall develop a policy in accordance with the guidelines established by the Department of Education pursuant to section 4 of P.L.2019, c.118 (C.18A:40-12.31) for the emergency administration of hydrocortisone sodium succinate through appropriate delivery devices and equipment to a pupil for adrenal insufficiency provided that:

(1) the parents or guardians of the pupil provide to the board of education or chief school administrator of a nonpublic school written authorization for the administration of hydrocortisone sodium succinate;

(2) the parents or guardians of the pupil provide to the board of education or chief school administrator of a nonpublic school written orders from the physician or advanced practice nurse that the pupil requires the administration of hydrocortisone sodium succinate for adrenal insufficiency;

(3) the board or chief school administrator of a nonpublic school informs the parents or guardians of the pupil in writing that the district and its employees or agents or the nonpublic school and its employees or agents shall have no liability as a result of any injury arising from the administration of hydrocortisone sodium succinate;

(4) the parents or guardians of the pupil sign a statement acknowledging their understanding that the district or the nonpublic school shall have no liability as a result of any injury arising from the administration of hydrocortisone sodium succinate to the pupil and that the parents or guardians shall indemnify and hold harmless the district and its employees or agents or the nonpublic school and its employees or agents against any claims arising out of the administration of hydrocortisone sodium succinate; and

(5) the permission is effective for the school year for which it is granted and is renewed for each subsequent school year upon fulfillment of the requirements in paragraphs (1) through (4) of this subsection.

b. The policy developed by a board of education or chief school administrator of a nonpublic school shall require:

(1) the placement of a pupil's prescribed hydrocortisone sodium succinate in a secure but unlocked location easily accessible by the school nurse and designees to ensure prompt availability in the event of emergency situations at school or at a school-sponsored function. The location of the hydrocortisone sodium succinate shall be indicated on the pupil's emergency care plan. Back-up hydrocortisone sodium succinate, provided by the pupil's parent or guardian, shall also be available at the school if needed;

(2) the school nurse or designee to be promptly available on site at the school and school-sponsored functions in the event of an emergency; and

(3) the transportation of the pupil to a hospital emergency room by emergency services personnel after the administration of hydrocortisone sodium succinate, even if the pupil's symptoms appear to have resolved.

##### **§ 18A:40-12.30** School nurse to have primary responsibility. {#sec-18a-40-12.30 omnilex-key=us-nj-statutes--title-18a--18A:40-12.30}

3. The policy for the administration of medication to a pupil shall provide that the school nurse shall have the primary responsibility for the administration of the hydrocortisone sodium succinate. The school nurse shall designate, in consultation with the board of education or chief school administrator of a nonpublic school, additional employees of the school district or nonpublic school who volunteer to administer hydrocortisone sodium succinate to a pupil for adrenal insufficiency when the nurse is not physically present at the scene. In the event that a licensed athletic trainer volunteers to administer hydrocortisone sodium succinate, it shall not constitute a violation of the "Athletic Training Licensure Act," P.L.1984, c.203 (C.45:9-37.35 et seq.).

The school nurse shall determine that:

a. the designees have been properly trained in the administration of hydrocortisone sodium succinate using standardized training protocols established by the Department of Education in consultation with the Department of Health;

b. the parents or guardians of the pupil consent in writing to the administration of hydrocortisone sodium succinate by the designees;

c. the board or chief school administrator of a nonpublic school informs the parents or guardians of the pupil in writing that the district and its employees or agents or the nonpublic school and its employees or agents shall have no liability as a result of any injury arising from the administration of hydrocortisone sodium succinate to the pupil;

d. the parents or guardians of the pupil sign a statement acknowledging their understanding that the district or nonpublic school shall have no liability as a result of any injury arising from the administration of hydrocortisone sodium succinate to the pupil and that the parents or guardians shall indemnify and hold harmless the district and its employees or agents or the nonpublic school and its employees or agents against any claims arising out of the administration of hydrocortisone sodium succinate to the pupil; and

e. the permission is effective for the school year for which it is granted and is renewed for each subsequent school year upon fulfillment of the requirements in subsections a. through d. of this section.

Nothing in this section shall be construed to prohibit the emergency administration of hydrocortisone sodium succinate to a pupil for adrenal insufficiency by the school nurse or other employees designated pursuant to this section when the pupil is authorized to self-administer hydrocortisone sodium succinate pursuant to section 1 of P.L.1993, c.308 (C.18A:40-12.3).

##### **§ 18A:40-12.31** Guidelines for development of policy relative to emergency administration of hydrocodone sodium succinate. {#sec-18a-40-12.31 omnilex-key=us-nj-statutes--title-18a--18A:40-12.31}

4. a. The Department of Education, in consultation with the Department of Health, appropriate medical experts, and professional organizations representing school nurses, principals, and teachers shall establish and disseminate to each board of education and chief school administrator of a nonpublic school guidelines for the development of a policy by a school district or nonpublic school for the emergency administration of hydrocortisone sodium succinate to pupils for adrenal insufficiency.

b. Each board of education and chief school administrator of a nonpublic school shall implement in the schools of the district or the nonpublic school the guidelines established and disseminated pursuant to subsection a. of this section.

##### **§ 18A:40-12.32** Training protocols. {#sec-18a-40-12.32 omnilex-key=us-nj-statutes--title-18a--18A:40-12.32}

5. a. In an effort to assist the certified school nurse in a school district and the school nurse in a nonpublic school in recruiting and training additional school employees as volunteer designees to administer hydrocortisone sodium succinate for adrenal insufficiency when the school nurse is not physically present, the Department of Education and the Department of Health shall jointly develop training protocols, in consultation with the New Jersey School Nurses Association.

b. The certified school nurse in consultation with the board of education, or the school nurse in consultation with the chief school administrator of a nonpublic school, shall recruit and train volunteer designees who are determined acceptable candidates by the school nurse within each school building as deemed necessary by the nursing service plan.

##### **§ 18A:40-12.33** Immunity from liability. {#sec-18a-40-12.33 omnilex-key=us-nj-statutes--title-18a--18A:40-12.33}

6. No school employee, including a school nurse, or any other officer or agent of a board of education or nonpublic school shall be held liable for any good faith act or omission consistent with the provisions of P.L.2019, c.118 (C.18A:40-12.29 et al.), nor shall an action before the New Jersey State Board of Nursing lie against a school nurse for any action taken by a person designated in good faith by the school nurse pursuant to section 3 of P.L.2019, c.118 (C.18A:40-12.30). Good faith shall not include willful misconduct, gross negligence or recklessness.

##### **§ 18A:40-12.34** Definitions relative to epilepsy and seizure disorders. {#sec-18a-40-12.34 omnilex-key=us-nj-statutes--title-18a--18A:40-12.34}

1. As used in this act:

"Individualized emergency health care plan" means a document developed by the school nurse, in consultation with the parent or guardian of a student with epilepsy or a seizure disorder and other appropriate medical professionals, which is consistent with the recommendations of the student's health care providers and which provides specific actions for non-medical school staff to do in a particular emergency situation and is signed by the parent or guardian and the school nurse.

"Individualized health care plan" means a document developed by the school nurse, in consultation with the parent or guardian of a student with epilepsy or a seizure disorder and other appropriate medical professionals who may be providing epilepsy or seizure disorder care to the student, which is consistent with the recommendations of the student's health care providers and which sets out the health services needed by the student at school and is signed by the parent or guardian and the school nurse.

"School" means an elementary or secondary public school located within this State.

"School employee" means a person employed by a school district.

"Seizure action plan" means a comprehensive document provided by the student's physician, advanced practice nurse, or physician's assistant which includes, but is not limited to, information regarding presentation of seizures, seizure triggers, daily seizure medications, seizure first aid, and additional treatments.

##### **§ 18A:40-12.35** Annual submission of student's seizure action plan. {#sec-18a-40-12.35 omnilex-key=us-nj-statutes--title-18a--18A:40-12.35}

2. a. The parent or guardian of a student with epilepsy or a seizure disorder who seeks epilepsy or seizure disorder care while at school shall submit annually to the school nurse the student's seizure action plan. The school nurse shall develop an individualized health care plan and an individualized emergency health care plan for the student, provided that the parents or guardians of the student annually provide to the board of education written authorization for the provision of epilepsy or seizure disorder care.

b. The individualized health care plan and individualized emergency health care plan developed in accordance with subsection a. of this section shall be updated by the school nurse annually and as necessary in the event that there is a change in the health status of the student.

c. Each individualized health care plan shall include, and each individualized emergency health care plan may include, the following information:

(1) written orders from the student's physician or advanced practice nurse outlining the epilepsy or seizure disorder care;

(2) the symptoms of the epilepsy or seizure disorder for that particular student and recommended care;

(3) full participation in exercise and sports, and any contraindications to exercise, or accommodations that must be made for that particular student;

(4) accommodations for school trips, after-school activities, class parties, and other school-related activities;

(5) education of all school personnel about epilepsy and seizure disorders, how to recognize and provide care for epilepsy and seizure disorders, and when to call for assistance;

(6) medical and treatment issues that may affect the educational process of the student with epilepsy or the seizure disorder;

(7) the student's ability to manage, and the student's level of understanding of, the student's epilepsy or seizure disorder; and

(8) how to maintain communication with the student, the student's parent or guardian and health care team, the school nurse, and the educational staff.

d. (1) The board of education shall coordinate the provision of epilepsy and seizure disorder care at the school and ensure that all staff are trained every five years in the care of students with epilepsy and seizure disorders, including staff working with school-sponsored programs outside of the regular school day.

(2) The training that is required every five years pursuant to paragraph (1) of this subsection shall include a Department of Health-approved on-line or in-person course of instruction provided by a nonprofit national organization that supports the welfare of individuals with epilepsy and seizure disorders.

##### **§ 18A:40-12.36** Information provided to bus driver. {#sec-18a-40-12.36 omnilex-key=us-nj-statutes--title-18a--18A:40-12.36}

3. In the event that a school bus driver transports a student with epilepsy or a seizure disorder, a school district shall provide the driver with: a notice of the student's condition; information on how to provide care for epilepsy or the seizure disorder; emergency contact information; epilepsy and seizure disorder first aid training; and parent contact information.

##### **§ 18A:40-12.37** Release to share medical information. {#sec-18a-40-12.37 omnilex-key=us-nj-statutes--title-18a--18A:40-12.37}

4. The school nurse shall obtain a release from the parent or guardian of a student with epilepsy or a seizure disorder to authorize the sharing of medical information between the student's physician or advanced practice nurse and other health care providers. The release shall also authorize the school nurse to share medical information with other staff members of the school district as necessary.

##### **§ 18A:40-12.38** Immunity from liability. {#sec-18a-40-12.38 omnilex-key=us-nj-statutes--title-18a--18A:40-12.38}

5. No school employee, including a school nurse, a school bus driver, a school bus aide, or any other officer or agent of a board of education, shall be held liable for any good faith act or omission consistent with the provisions of this act, nor shall an action before the New Jersey State Board of Nursing lie against a school nurse for any such action taken by a person trained in good faith by the school nurse pursuant to this act. Good faith shall not include willful misconduct, gross negligence, or recklessness.

##### **§ 18A:40-12.39** Student sun protection policy. {#sec-18a-40-12.39 omnilex-key=us-nj-statutes--title-18a--18A:40-12.39}

1. a. As used in this section, "sunscreen" means a topical product used for the purpose of limiting skin damage caused by overexposure to the sun, and which is regulated by the federal Food and Drug Administration for over-the-counter use.

b. Notwithstanding any law or regulation to the contrary, a board of education shall adopt a policy concerning a student's use of sunscreen and sun-protective clothing, such as hats and sunglasses, while outdoors at school and school-sponsored functions. The policy shall not require a student to provide documentation from a physician or other licensed health care professional in order to use sunscreen or sun-protective clothing while outdoors at school or a school-sponsored function. The policy may require written permission from a student's parent or guardian to allow that student to carry or use sunscreen at school or a school-sponsored function. Nothing in the policy shall be construed as requiring school personnel to assist a student in applying sunscreen.

##### **§ 18A:40-12.40** Water safety educational fact sheet. {#sec-18a-40-12.40 omnilex-key=us-nj-statutes--title-18a--18A:40-12.40}

1. a. The Department of Children and Families shall develop an educational fact sheet on water safety. The fact sheet shall include, at a minimum, information on:

(1) how parents and guardians can reduce their child’s risk of injury or drowning while in, on, and around bodies of water;

(2) the value of water safety education courses and the role swimming lessons play in preventing incidents of injury or drowning;

(3) the recommended use of flotation devices; and

(4) the importance of monitoring water conditions and swimming in areas monitored by a lifeguard.

b. In developing the fact sheet, the Department of Children and Families shall consult with, or utilize resources produced by, water safety organizations including, but not limited to, the American Red Cross and the New Jersey Swim Safety Alliance.

c. The Department of Education shall make the educational fact sheet available to all school districts and nonpublic schools.

d. A school district shall annually distribute the fact sheet to parents and guardians in a manner prescribed by the Department of Education. A nonpublic school is encouraged, but not required, to distribute the fact sheet to parents and guardians in a manner determined by the nonpublic school.

e. As used in this section, “water safety” means safety in, on, and around bodies of water to reduce the risk of injury or drowning.

##### **§ 18A:40-12.41** School district to publish list of locations offering swimming lessons, age-appropriate water safety courses. {#sec-18a-40-12.41 omnilex-key=us-nj-statutes--title-18a--18A:40-12.41}

2. A school district shall publish on its Internet website a list of locations where swimming lessons and age-appropriate water safety courses providing instruction to promote safety in, on, and around bodies of water to reduce the risk of injury and drowning are offered, including lessons and courses that are offered for free or reduced prices. The list shall be comprised of locations that have voluntarily requested to be included in the list. The list shall be made available to school districts and shall be updated annually. Each school district shall provide access to the list on its Internet website.

##### **§ 18A:40-16** Tuberculosis infection; determination of presence {#sec-18a-40-16 omnilex-key=us-nj-statutes--title-18a--18A:40-16}

The board of education of every school district shall periodically determine or cause to be determined the presence or absence of tuberculosis infection in any or all pupils in public schools, and, with respect to frequency, procedure, and selection of pupils, shall comply with the rules of the State board.

##### **§ 18A:40-17** Equipment, materials and services for tuberculosis test {#sec-18a-40-17 omnilex-key=us-nj-statutes--title-18a--18A:40-17}

The board may provide at its expense the equipment, materials, and services necessary to make such determination, or it may contract to use for that purpose, with or without financial reimbursement, the equipment, materials, and services available through a hospital or public health agency approved by the State Department of Health.

##### **§ 18A:40-18** Exclusion of pupils failing to comply with rules and orders {#sec-18a-40-18 omnilex-key=us-nj-statutes--title-18a--18A:40-18}

Any pupil failing to comply with the rules of the board of education relating to the determination of the presence of tuberculosis or any order issued by a school officer pursuant to such rules may be excluded from school.

##### **§ 18A:40-19** Records and reports of tuberculosis testing; disposition; inspection {#sec-18a-40-19 omnilex-key=us-nj-statutes--title-18a--18A:40-19}

All records and reports of tuberculosis testing conducted by or under the auspices of a board of education shall be the property of the board, and shall be filed with the medical inspector as confidential information except that such records and reports shall be open for inspection by officers of the State Department of Health and of the local board of health, of the municipality in which the pupil resides and of the municipality in which the school is located.

##### **§ 18A:40-20** Immunization at public expense {#sec-18a-40-20 omnilex-key=us-nj-statutes--title-18a--18A:40-20}

A board of education may provide, at public expense, the necessary equipment, materials and services for immunizing pupils from the diseases which pupils are required to be immunized against by the State Sanitary Code or for diseases against which immunization may be recommended by the State Department of Health

##### **§ 18A:40-21.1** Hepatitis B vaccination required for public, private school students in grades nine through twelve. {#sec-18a-40-21.1 omnilex-key=us-nj-statutes--title-18a--18A:40-21.1}

3. The Commissioner of Health shall require the immunization of a child for hepatitis B as a condition of enrollment in grades nine through 12.

b. Beginning with the 2003-2004 school year, a principal, director or other person in charge of a public or private school in this State shall not knowingly admit or retain in grades nine through 12 a child whose parent or guardian has not submitted acceptable evidence of the child's immunization for hepatitis B prior to or during enrollment in ninth grade, as provided by regulation of the Commissioner of Health.

c. The Commissioner of Health shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this section.

##### **§ 18A:40-21.2** Distribution of fact sheet on meningitis. {#sec-18a-40-21.2 omnilex-key=us-nj-statutes--title-18a--18A:40-21.2}

2. a. (1) For the 2006 school year, a school district shall distribute to parents and guardians of students in grades 6 through 12 the educational fact sheet on meningitis prepared pursuant to section 1 of P.L.2006, c.64 (C.26:2X-3), in a manner prescribed by the Commissioner of Education.

(2) Beginning with the 2007 school year, a school district shall distribute the educational fact sheet annually to parents or guardians of students in the sixth grade in a manner prescribed by the Commissioner of Education.

b. The Commissioner of Education shall also make the educational fact sheet available to private schools educating students in grades 6 through 12, or any combination thereof. Such schools are encouraged to distribute the fact sheet to parents or guardians of students at the school; however, nothing in this section shall be construed to require such schools to distribute the fact sheet.

##### **§ 18A:40-23** Findings, declarations {#sec-18a-40-23 omnilex-key=us-nj-statutes--title-18a--18A:40-23}

1. The Legislature hereby finds and determines that the welfare of the State requires that all school-age children be assured equal access to appropriate health care services. In order to achieve this objective, it is the intent of the Legislature to require that the State and local communities provide basic nursing services for children in both public and nonpublic schools.

##### **§ 18A:40-24** Definitions {#sec-18a-40-24 omnilex-key=us-nj-statutes--title-18a--18A:40-24}

2. As used in this act:

"Commissioner" means the State Commissioner of Education.

"Nonpublic school" means an elementary or secondary school within the State, other than a public school, offering education for grades kindergarten through 12, or any combination of them, wherein any child may legally fulfill compulsory school attendance requirements and which complies with the requirements of Title VI of the "Civil Rights Act of 1964," Pub.L.88-352, (42 U.S.C. s.2000d et seq.)

"Support limit" means the maximum amount which may be appropriated each year for the purposes of this act for each pupil enrolled full-time in nonpublic schools of the State.

##### **§ 18A:40-25** Provision of nursing services to pupils in nonpublic schools {#sec-18a-40-25 omnilex-key=us-nj-statutes--title-18a--18A:40-25}

3. Each board of education of a district in which a nonpublic school is located shall:

a. provide nursing services for pupils who are enrolled full-time in the nonpublic school. The services shall include:

(1) assistance with medical examinations, including dental screening;

(2) conducting screening of hearing examinations;

(3) the maintenance of student health records, and notification of local or county health officials of any student who has not been properly immunized; and

(4) conducting examinations of pupils between the ages of 10 and 18 for the condition known as scoliosis.

b. adopt written policies and procedures extending the emergency care provided to public school pupils to those pupils who are enrolled full-time in the nonpublic school who are injured or become ill at school or during participation on a school team or squad.

##### **§ 18A:40-26** Provision of additional medical services to nonpublic school pupils {#sec-18a-40-26 omnilex-key=us-nj-statutes--title-18a--18A:40-26}

4. Each board of education of a district in which a nonpublic school is located may:

a. within the limit of funds appropriated or otherwise made available, adopt policies and procedures to provide the pupils who are enrolled full-time in the nonpublic school with additional medical services; and

b. provide the necessary equipment, materials and services for immunizing the pupils who are enrolled full-time in the nonpublic school from the diseases which pupils are required to be immunized against by the State Sanitary Code adopted pursuant to section 7 of P.L.1947, c.177 (C.26:1A-7) or for diseases against which immunization may be recommended by the State Department of Health.

##### **§ 18A:40-27** Instructional services not included {#sec-18a-40-27 omnilex-key=us-nj-statutes--title-18a--18A:40-27}

5. The nursing services provided to nonpublic schools under sections 3 and 4 of this act shall not include instructional services.

##### **§ 18A:40-27.1** Provision of nursing services to preschool pupil in nonpublic schools, certain circumstances. {#sec-18a-40-27.1 omnilex-key=us-nj-statutes--title-18a--18A:40-27.1}

1. The nursing services provided pursuant to P.L.1991, c.226 (C.18A:40-23 et seq.) may also include, in the event of an emergency, the provision of nursing services to a preschool pupil enrolled in the nonpublic school.

##### **§ 18A:40-28** Provision of nursing services through collaboration contracts. {#sec-18a-40-28 omnilex-key=us-nj-statutes--title-18a--18A:40-28}

6. A board of education may join with other boards of education or contract with any public or private agency approved by the commissioner for the provision of nursing services required or permitted under sections 3 and 4 of this act. Prior to any change in the provision of these services, the board shall provide timely and meaningful consultation with appropriate nonpublic school representatives, including parents.

##### **§ 18A:40-29** Nonpublic school may decline nursing services {#sec-18a-40-29 omnilex-key=us-nj-statutes--title-18a--18A:40-29}

7. A nonpublic school may decline the nursing services which are required or permitted under sections 3 and 4 of this act by submitting written notification to the board of education from the appropriate administrator of the nonpublic school.

##### **§ 18A:40-30** Pupils of nonpublic schools not compelled to receive services {#sec-18a-40-30 omnilex-key=us-nj-statutes--title-18a--18A:40-30}

8. A pupil who is enrolled in a nonpublic school and whose parent or guardian objects to the pupil receiving any services provided under this act shall not be compelled to receive the services except for a physical or medical examination to determine whether the pupil is ill or infected with a communicable disease.

##### **§ 18A:40-31** Determination of support limit for school year {#sec-18a-40-31 omnilex-key=us-nj-statutes--title-18a--18A:40-31}

9. a. The support limit for the 1997-98 school year shall be $61.44. For each school year thereafter the commissioner shall determine the support limit by multiplying the support limit for the previous school year times the sum of 1.0 plus the average annual percentage increase in the consumer price index for the New York and Philadelphia areas during the fiscal year preceding the prebudget year as reported by the United States Department of Labor.

b. On or before November 5 of each year, each board of education shall forward to the commissioner an estimate of the cost of providing, during the next school year, the services required pursuant to this act and the number of pupils attending nonpublic schools located within the district as of the last school day of October of the current school year, excluding those pupils who have refused nursing services pursuant to section 8 of this act. The commissioner shall provide State aid to each school district in an amount equal to the number of nonpublic school pupils within the district identified by the district on or before November 5 multiplied by the State support limit. In the event that the expenditure incurred by any district is less than the amount of State aid received, the district shall refund the unexpended State aid after the completion of the school year, but not later than December 1 of the following school year.

c. If in any year, the amount of State aid appropriated is insufficient to carry out in full the provisions of this act, the commissioner shall apportion that appropriation among the districts in proportion to the State aid each district would have received had the full amount of State aid been appropriated. In any year, no district shall be required to make expenditures for the purposes of this act in excess of the amount of State aid received for these purposes.

##### **§ 18A:40-32** "Cancer Awareness Week" designated {#sec-18a-40-32 omnilex-key=us-nj-statutes--title-18a--18A:40-32}

1. The second week of January shall be designated "Cancer Awareness Week" in all the public schools in New Jersey.

##### **§ 18A:40-33** School program development {#sec-18a-40-33 omnilex-key=us-nj-statutes--title-18a--18A:40-33}

2. The Commissioner of Education, in consultation with the State school boards, shall develop a cancer awareness program appropriate for school-aged children.

##### **§ 18A:40-34** Regulations adopted by Commissioner of Education relative to children's health care coverage. {#sec-18a-40-34 omnilex-key=us-nj-statutes--title-18a--18A:40-34}

3. The Commissioner of Education, in consultation with the Commissioner of Human Services and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt regulations to:

a. provide for the implementation by the board of education in each school district of such procedures by each public elementary and secondary school in the district as the commissioner deems necessary to effectuate the purposes of subsection h. of section 5 of P.L.2005, c.156 (C.30:4J-12); and

b. facilitate and provide for the participation of nonpublic elementary and secondary schools in the enrollment initiative created pursuant to subsection h. of section 5 of P.L.2005, c.156 (C.30:4J-12).

##### **§ 18A:40-35** Findings, declarations relative to comprehensive eye examinations for certain students. {#sec-18a-40-35 omnilex-key=us-nj-statutes--title-18a--18A:40-35}

1. The Legislature finds and declares that: approximately one-half of all New Jersey students with a special education classification are classified as Specific Learning Disabled (SLD); the rate of growth in SLD classified students in recent years has been 9%, while total school enrollment has grown at only 2%; nationwide, approximately 80% of SLD students have primary difficulties with reading, and as many as 70% of those students might not have been classified if they had received appropriate early intervention; undiagnosed and untreated vision-related learning problems are significant contributors to early reading difficulties and often lead to special education classification; under current State Board of Education regulations, only one vision assessment is required by the end of grade three and that screening tests only for vision acuity; the number of children classified as requiring special education continues to increase, and once classified few students return to full-time general education; it is therefore imperative that the State takes steps to study the impact of comprehensive eye examinations for students in the primary grades to assess their impact on eliminating the special education classification of students for treatable vision-related difficulties.

##### **§ 18A:40-36** "Comprehensive eye examination", defined. {#sec-18a-40-36 omnilex-key=us-nj-statutes--title-18a--18A:40-36}

2. As used in this act, "comprehensive eye examination" means an evaluation that includes a child's history, external and ophthalmoscopic examination, visual acuity, ocular alignment and motility, refraction, and assessment of accommodation and binocular vision, performed by an optometrist or ophthalmologist.

##### **§ 18A:40-37** Three-year comprehensive eye examination pilot program for second grade students. {#sec-18a-40-37 omnilex-key=us-nj-statutes--title-18a--18A:40-37}

3. a. The Commissioner of Education, in consultation with the Commissioner of Health, shall establish a three-year comprehensive eye examination pilot program for second grade students. The purpose of the program shall be to eliminate inappropriate referrals for special education programs and services by examining students at the end of second grade for vision-related problems that may go undiagnosed and result in special education classification.

b. The commissioner shall select for participation in the pilot program one school district in each of the northern, central, and southern regions of the State, including an urban school district, a suburban school district, and a rural school district. In selecting the pilot school districts, the commissioner may consider the percentage of students in the district classified as eligible for special education programs and services, the percentage increase in such classifications over the prior five school years, and the district's interest in participating in the program. The commissioner shall collaborate with each pilot school district on the procedures to be implemented to conduct the comprehensive eye examinations, including the coverage of any costs associated with the examinations. In any agreement concerning the cost of providing examinations, no parent or guardian of a student shall be required to make any payment to the optometrist or ophthalmologist providing a comprehensive eye examination, or the school district or any other entity; except that if the student is covered by a health insurance plan which has a copayment requirement, the parent or guardian shall pay the health care provider the required copayment. In this case, the parent or guardian may apply to the Comprehensive Eye Examination Fund for reimbursement of the copayment.

c. The commissioner shall develop and distribute to the pilot districts a form to document and provide information on each comprehensive eye examination conducted under the program.

##### **§ 18A:40-38** Collection of data on pilot program from school districts. {#sec-18a-40-38 omnilex-key=us-nj-statutes--title-18a--18A:40-38}

4. The commissioner shall implement a plan to collect data from each participating school district on the impact of the pilot program on reducing the number of students classified as eligible for special education programs and services. The data collected from each district shall include, but not be limited to: information regarding the types, number, and severity of vision-related problems diagnosed; the percentage of students classified as eligible for special education programs and services in the district in each of the five school years prior to the inception of the pilot program; the percentage of students classified as eligible for special education programs and services in each of the school years in which the district participates in the pilot program; an analysis of the cost-savings to the school district attributable to a reduction in the number of classified students; the level of parental satisfaction with the program; and any other information required by the commissioner.

##### **§ 18A:40-39** "Comprehensive Eye Examination Fund," use. {#sec-18a-40-39 omnilex-key=us-nj-statutes--title-18a--18A:40-39}

5. There is hereby created a special fund in the Department of Education, which shall be entitled the "Comprehensive Eye Examination Fund." The fund shall be maintained in a separate account and administered by the commissioner to carry out the provisions of this section. The fund shall consist of (1) any monies appropriated by the State for the purposes of the fund; (2) any monies donated for the purposes of the fund; and (3) all interest and investment earnings received on monies in the fund. The fund shall be used to cover the costs of comprehensive eye examinations conducted pursuant to P.L.2007, c.122 (C.18A:40-35 et seq.), for any uninsured students and students without applicable healthcare coverage and to reimburse the cost of copayments for any insured students.

##### **§ 18A:40-40** Report to Governor, Legislature. {#sec-18a-40-40 omnilex-key=us-nj-statutes--title-18a--18A:40-40}

6. No later than June 30 of the third school year following the enactment of the pilot program, the commissioner shall submit to the Governor and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) a report that evaluates the effectiveness of the pilot program in reducing the number of students classified as in need of special education programs and services. The report shall include a recommendation on the advisability of the program's continuation and extension to additional school districts.

##### **§ 18A:40-41** Sudden cardiac arrest pamphlet; development, distribution. {#sec-18a-40-41 omnilex-key=us-nj-statutes--title-18a--18A:40-41}

1. a. The Commissioner of Education, in consultation with the Commissioner of Health, the American Heart Association, and the American Academy of Pediatrics, shall develop a pamphlet that provides information about sudden cardiac arrest to student-athletes and the parents or guardians of student athletes and shall post the information on the Department of Education's website. The pamphlet shall include: an explanation of sudden cardiac arrest; its incidence among student athletes; a description of early warning signs, including fainting, labored breathing, chest pains, dizziness and abnormal heart rate, and the risks associated with continuing to play or practice after experiencing one or more of the symptoms; an overview of the options that are privately available to screen for cardiac conditions that may lead to sudden cardiac arrest, including a statement about the limitations of these options ; and a form to be signed by the student athlete and his parent or guardian acknowledging receipt and review of the pamphlet.

b. The commissioner shall distribute the pamphlet, at no charge, to all school districts and nonpublic schools in the State and shall update the pamphlet as necessary.

c. Each school district and nonpublic school shall distribute the pamphlet to the parents or guardians of students participating in athletic activities.

d. A student participating in or desiring to participate in an athletic activity and the student's parent or guardian shall, each year and prior to participation by the student in an athletic activity, sign and return to the student's school the form developed by the commissioner pursuant to subsection a. of this section acknowledging the receipt and review of the informational pamphlet.

e. As used in this section, "athletic activity" means: interscholastic athletics; an athletic contest or competition, other than interscholastic athletics, that is sponsored by or associated with a school district or nonpublic school, including cheerleading and club-sponsored sports activities; and any practice or interschool practice or scrimmage for those activities.

##### **§ 18A:40-41a** Schools required to have automated external defibrillator. {#sec-18a-40-41a omnilex-key=us-nj-statutes--title-18a--18A:40-41a}

1. a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, beginning on September 1, 2014, the board of education of a public school district and the governing board or chief school administrator of a nonpublic school that includes any of the grades kindergarten through 12 shall ensure that:

(1) each public or nonpublic school has an automated external defibrillator, as defined in section 2 of P.L.1999, c.34 (C.2A:62A-24), which is made available in an unlocked location on school property with an appropriate identifying sign. The defibrillator shall be accessible during the school day and any other time when a school-sponsored athletic event or team practice is taking place in which pupils of the district or nonpublic school are participating. The defibrillator shall be within reasonable proximity of the school athletic field or gymnasium, as applicable;

(2) a team coach, licensed athletic trainer, or other designated staff member if there is no coach or licensed athletic trainer, who is present during the athletic event or team practice, is trained in cardio-pulmonary resuscitation and the use of the defibrillator in accordance with the provisions of section 3 of P.L.1999, c.34 (C.2A:62A-25). A school district or nonpublic school shall be deemed to be in compliance with this requirement if a State-certified emergency services provider or other certified first responder is on site at the event or practice; and

(3) each defibrillator is tested and maintained according to the manufacturer's operational guidelines and notification is provided to the appropriate first aid, ambulance, or rescue squad or other appropriate emergency medical services provider regarding the defibrillator, the type acquired, and its location in accordance with section 3 of P.L.1999, c.34 (C.2A:62A-25).

b. A school district or nonpublic school and its employees shall be immune from civil liability in the acquisition and use of defibrillators pursuant to the provisions of section 5 of P.L.1999, c.34 (C.2A:62A-27).

##### **§ 18A:40-41b** Emergency action plan. {#sec-18a-40-41b omnilex-key=us-nj-statutes--title-18a--18A:40-41b}

2. a. The board of education of a public school district and the governing body or chief school administrator of a nonpublic school that includes any of the grades kindergarten through 12 shall establish and implement an emergency action plan for responding to a sudden cardiac event including, but not limited to, an event in which the use of an automated external defibrillator may be necessary.

b. The emergency action plan shall be consistent with the provisions of section 1 of this act and also, at minimum, include the following:

(1) a list of no less than five school employees, team coaches, or licensed athletic trainers who hold current certifications from the American Red Cross, American Heart Association, or other training program recognized by the Department of Health and Senior Services, in cardio-pulmonary resuscitation and in the use of a defibrillator. The list shall be updated, as necessary, at least once in each semester of the school year; and

(2) detailed procedures on responding to a sudden cardiac event including, but not limited to, the identification of the persons in the school who will be responsible for: responding to the person experiencing the sudden cardiac event, calling 911, starting cardio-pulmonary resuscitation, retrieving and using the defibrillator, and assisting emergency responders in getting to the individual experiencing the sudden cardiac event.

##### **§ 18A:40-41c** Rules, regulations. {#sec-18a-40-41c omnilex-key=us-nj-statutes--title-18a--18A:40-41c}

3. The State Board of Education, in consultation with the Commissioner of Health and Senior Services, and in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations as may be necessary to implement the provisions of this act.

##### **§ 18A:40-41d** Student-Athlete Cardiac Screening professional development module. {#sec-18a-40-41d omnilex-key=us-nj-statutes--title-18a--18A:40-41d}

3. a. The Commissioners of Education and Health, in consultation with the New Jersey Chapter of the American Academy of Pediatrics, the New Jersey Academy of Family Physicians, the American Heart Association, and the New Jersey Chapter of the American College of Cardiology, shall develop, by the 2013-2014 school year, a Student-Athlete Cardiac Screening professional development module to increase the assessment skills of those health care practitioners who perform student-athlete physical examinations and screenings. The module shall include, but need not be limited to, the following:

(1) how to complete and review a detailed medical history with an emphasis on cardiovascular family history and personal reports of symptoms;

(2) identifying symptoms of sudden cardiac arrest that may require follow up with a cardiologist;

(3) recognizing normal structural changes of the athletic heart;

(4) recognizing prodromal symptoms that precede sudden cardiac arrest;

(5) performing the cardiovascular physical examination;

(6) reviewing the major etiologies of sudden unexplained cardiac death with an emphasis on structural abnormalities and acquired conditions; and

(7) when to refer a student to a cardiologist for further assessment.

b. The module developed pursuant to subsection a. of this section and the pamphlet developed pursuant to section 1 of P.L.2007, c.125 (C.18A:40-41) shall be posted on the websites of the Department of Education, the American Academy of Pediatrics, the New Jersey Academy of Family Physicians, the American Heart Association, the American College of Cardiology, the Athletic Trainers' Society of New Jersey, the State Board of Medical Examiners, the New Jersey State Board of Nursing, and the New Jersey State Society of Physician Assistants.

c. A physician, advanced practice nurse, or physician assistant who performs a student-athlete's annual physical examination prior to the student's participation in a school-sponsored interscholastic or intramural athletic team or squad as required pursuant to subsection a. of section 2 of P.L.2013, c.71 (C.18A:40-41.7) shall complete the Student-Athlete Cardiac Screening professional development module developed pursuant to subsection a. of this section. Upon performing a physical examination required by subsection a. of section 2 of P.L.2013, c.71 (C.18A:40-41.7), the physician, advanced practice nurse, or physician assistant shall sign the certification statement on the Preparticipation Physical Evaluation form required pursuant to subsection a. of section 2 of P.L.2013, c.71 (C.18A:40-41.7) attesting to the completion of the module. The board of education of a public school district and the governing board or chief school administrator of a nonpublic school shall retain the original signed statement to attest to the qualification of the health care practitioner to perform the physical examination required by subsection a. of section 2 of P.L.2013, c.71 (C.18A:40-41.7).

##### **§ 18A:40-41e** Short title. {#sec-18a-40-41e omnilex-key=us-nj-statutes--title-18a--18A:40-41e}

1. Sections 2 through 5 of P.L.2013, c.209 (C.18A:40-41f through C.18A:40-41i) and P.L.2007, c.125 (C.18A:40-41) shall be known and may be cited as the "Sudden Cardiac Arrest Prevention Act."

##### **§ 18A:40-41f** Definition. {#sec-18a-40-41f omnilex-key=us-nj-statutes--title-18a--18A:40-41f}

2. As used in sections 3 through 5 of P.L.2013, c.209 (C.18A:40-41g through C.18A:40-41i), "athletic activity" means: interscholastic athletics; an athletic contest or competition, other than interscholastic athletics, that is sponsored by or associated with a school district or nonpublic school, including cheerleading and club-sponsored sports activities; and any practice or interschool practice or scrimmage for those activities.

##### **§ 18A:40-41g** Informational meeting. {#sec-18a-40-41g omnilex-key=us-nj-statutes--title-18a--18A:40-41g}

3. A school district or nonpublic school may hold an informational meeting prior to the start of each athletic season for students-athletes, their parents or guardians, coaches, athletic trainers, the school physician, school nurses, and other school officials on the nature, risk, symptoms and early warning signs, prevention, and treatment of sudden cardiac arrest.

##### **§ 18A:40-41h** Removal of athlete showing warning signs from activity; violations, penalties. {#sec-18a-40-41h omnilex-key=us-nj-statutes--title-18a--18A:40-41h}

4. a. A student who exhibits symptoms or early warning signs of sudden cardiac arrest, as determined by an athletic trainer if one is on site, or if an athletic trainer is not on site, then a game official, team coach, licensed physician, or other official designated by the student's school, while participating in an athletic activity, shall be immediately removed from the athletic activity by the coach. The student shall not be eligible to return to athletic activity until he is evaluated and receives written clearance from a licensed physician.

b. A student who exhibits symptoms or early warning signs of sudden cardiac arrest at any time prior to or following an athletic activity shall be prohibited from participating in an athletic activity. The student shall not be eligible to return to athletic activity until he is evaluated and receives written clearance from a licensed physician.

c. The board of education of a school district or the governing body or chief school administrator of a nonpublic school, as appropriate, shall ensure that a person who coaches a school district or nonpublic school athletic activity who knowingly violates the provisions of subsection a. or b. of this section shall be:

(1) suspended from coaching any athletic activity for the remainder of the season for a first violation;

(2) suspended from coaching any athletic activity for the remainder of the season and the entire next season for a second violation; and

(3) permanently suspended from coaching any athletic activity for a third violation.

##### **§ 18A:40-41i** Certification required for coaches. {#sec-18a-40-41i omnilex-key=us-nj-statutes--title-18a--18A:40-41i}

5. A person who coaches a school district or nonpublic school athletic activity shall hold a current certification in cardio-pulmonary resuscitation from the American Red Cross, American Heart Association, or other training program recognized by the Department of Health.

##### **§ 18A:40-41j** Nonprofit youth-serving organizations encouraged to promulgate information protocol. {#sec-18a-40-41j omnilex-key=us-nj-statutes--title-18a--18A:40-41j}

6. All nonprofit youth-serving organizations as defined in section 1 of P.L.1999, c.432 (C.15A:3A-1) including, but not limited to, Little Leagues, Babe Ruth Leagues, Pop Warner Leagues, Police Athletic Leagues, and youth soccer leagues, which organize, sponsor, or are otherwise affiliated with youth athletic events, are encouraged to:

a. direct the parent or guardian of each child participating in a youth athletic event to the sudden cardiac arrest information posted on the Department of Education's website pursuant to section 1 of P.L.2007, c.125 (C.18A:40-41); and

b. follow the protocol concerning removal-from-play established pursuant to section 4 of P.L.2013, c.209 (C.18A:40-41h) of a child who exhibits symptoms or early warning signs of sudden cardiac arrest during a youth athletic event, or who exhibits symptoms or early warning signs of sudden cardiac arrest at any time prior to or following a youth athletic event.

##### **§ 18A:40-41.1** Findings, declarations relative to head injuries of student athletes. {#sec-18a-40-41.1 omnilex-key=us-nj-statutes--title-18a--18A:40-41.1}

1. The Legislature finds and declares that:

a. A concussion is caused by a blow or motion to the head or body that disrupts the normal functioning of the brain, and can cause significant and sustained neuropsychological impairments including, but not limited to, problem solving, planning, memory, and behavioral problems;

b. The federal Centers for Disease Control and Prevention estimates that 300,000 concussions are sustained during sports-related activity in the United States, and more than 62,000 concussions are sustained each year in high-school contact sports;

c. Although concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities, little effort and resources have been committed to inform athletes, coaches, and parents and guardians about the causes and symptoms of concussions;

d. If a person sustains a second concussion while still having symptoms of a previous concussion, it can lead to the severe impairment and even the death of the victim, and is referred to as second-impact syndrome; and

e. In order to ensure the safety of student-athletes, it is imperative that athletes, coaches, and parents and guardians are educated about the nature and treatment of concussions and other sports-related head injuries, and that all measures are taken to prevent a student-athlete from experiencing second-impact syndrome.

##### **§ 18A:40-41.2** Athletic head injury safety training program. {#sec-18a-40-41.2 omnilex-key=us-nj-statutes--title-18a--18A:40-41.2}

2. a. The Department of Education shall work to develop and implement, by the 2011-2012 school year, an athletic head injury safety training program. The program shall be completed by a school physician, a person who coaches a public school district or nonpublic school interscholastic sport, intramural sport, or cheerleading program, and an athletic trainer involved in a public or nonpublic school interscholastic sports program, intramural sports program, or cheerleading program. The safety training program shall include, but need not be limited to, the following:

(1) the recognition of the symptoms of head and neck injuries, concussions, and injuries related to second-impact syndrome; and

(2) the appropriate amount of time to delay the return to competition or practice of a student-athlete or cheerleader who has sustained a concussion or other head injury.

b. The department shall update the safety training program as necessary to ensure that it reflects the most current information available on the nature, risk, and treatment of sports-related concussions and other head injuries.

c. The department shall develop an educational fact sheet that provides information about sports-related concussions and other head injuries. A school district or a nonpublic school that participates in an interscholastic sports program, intramural sports program, or cheerleading program shall distribute the educational fact sheet annually to the parents or guardians of student-athletes and cheerleaders and shall obtain a signed acknowledgment of the receipt of the fact sheet by the student-athlete or cheerleader and his parent or guardian.

d. As used in P.L.2010, c.94 (C.18A:40-41.1 et seq.), "student-athlete" means any student enrolled in a public or nonpublic school in this State who is a participant in an interscholastic sports program or intramural sports program organized by the school.

##### **§ 18A:40-41.2a** Athletic head injury safety training program revision. {#sec-18a-40-41.2a omnilex-key=us-nj-statutes--title-18a--18A:40-41.2a}

1. Within 180 days of the effective date of P.L.2021, c.222 (C.18A:40-41.2a et al.), the Department of Education shall revise the athletic head injury safety training program established pursuant to section 2 of P.L.2010, c.94 (C.18A:40-41.2) to include information on the graduated, six-step "Return to Play Progression" recommendations developed by the Centers for Disease Control and Prevention. The department shall revise the athletic head injury safety program established pursuant to section 2 of P.L.2010, c.94 (C.18A:40-41.2) whenever the Centers for Disease Control and Prevention changes or otherwise updates the "Return to Play Progression" recommendations.

##### **§ 18A:40-41.3** Written policy for school district concerning prevention, treatment of sports-related head injuries. {#sec-18a-40-41.3 omnilex-key=us-nj-statutes--title-18a--18A:40-41.3}

3. a. Each school district shall develop a written policy concerning the prevention and treatment of sports-related concussions and other head injuries among student-athletes and cheerleaders. The policy shall include, but need not be limited to, the procedure to be followed when it is suspected that a student-athlete or cheerleader has sustained a concussion or other head injury. When developing the district policy, a school district shall review the model policy established by the Commissioner of Education pursuant to subsection b. of this section, the policies established by the New Jersey State Interscholastic Athletic Association, the National Collegiate Athletic Association, and the recommendations made by the Brain Injury Association of New Jersey Concussion in Sports Steering Committee, the Athletic Trainers' Society of New Jersey, and other organizations with expertise in the area of preventing or treating sports-related concussions and other head injuries among student-athletes and cheerleaders. Each school district shall implement the policy by the 2011-2012 school year.

The policy shall be reviewed annually, and updated as necessary, by the district to ensure that it reflects the most current information available on the prevention, risk, and treatment of sports-related concussions and other head injuries.

b. To assist school districts in developing policies concerning the prevention and treatment of sports-related concussions and other head injuries among student-athletes and cheerleaders, the Commissioner of Education shall develop a model policy applicable to grades kindergarten through 12. This model policy shall be issued no later than March 31, 2011.

##### **§ 18A:40-41.3a** School district revision of written policy about prevention, treatment of sports-related head injuries. {#sec-18a-40-41.3a omnilex-key=us-nj-statutes--title-18a--18A:40-41.3a}

2. In the 2021-2022 school year, a school district shall revise its written policy concerning the prevention and treatment of sports-related concussions and other head injuries among student-athletes and cheerleaders established pursuant to section 3 of P.L.2010, c.94 (C.18A:40-41.3) to include the graduated, six-step "Return to Play Progression" recommendations developed by the Centers for Disease Control and Prevention. A school district shall revise its written policy established pursuant to section 3 of P.L.2010, c.94 (C.18A:40-41.3) whenever the Centers for Disease Control and Prevention changes or otherwise updates the "Return to Play Progression" recommendations.

##### **§ 18A:40-41.4** Removal of student-athlete from competition, practice; return. {#sec-18a-40-41.4 omnilex-key=us-nj-statutes--title-18a--18A:40-41.4}

4. A student who participates in an interscholastic sports program, intramural sports program, or cheerleading program and who sustains or is suspected of having sustained a concussion or other head injury while engaged in a competition or practice shall be immediately removed from the competition or practice. A student-athlete or cheerleader who is removed from competition or practice shall not participate in further sports or cheerleading activity until:

a. the student-athlete or cheerleader is evaluated by a physician or other licensed healthcare provider trained in the evaluation and management of concussions, and receives written clearance from a physician trained in the evaluation and management of concussions to return to competition or practice; and

b. the student-athlete or cheerleader returns to regular school activities and is no longer experiencing symptoms of the injury when conducting those activities.

The return of a student-athlete or cheerleader to competition or practice shall be in accordance with the graduated, six-step "Return to Play Progression" recommendations and any subsequent changes or other updates to those recommendations as developed by the Centers for Disease Control and Prevention.

##### **§ 18A:40-41.5** Immunity from liability. {#sec-18a-40-41.5 omnilex-key=us-nj-statutes--title-18a--18A:40-41.5}

5. a. A school district and nonpublic school shall not be liable for the injury or death of a person due to the action or inaction of persons employed by, or under contract with, a youth sports team organization that operates on school grounds, if the youth sports team organization provides the district or nonpublic school, as applicable, with the following:

(1) proof of an insurance policy of an amount of not less than $50,000 per person, per occurrence insuring the youth sports team organization against liability for any bodily injury suffered by a person; and

(2) a statement of compliance with the school district or nonpublic school's policies for the management of concussions and other head injuries.

b. As used in this section, a "youth sports team organization" means one or more sports teams organized pursuant to a nonprofit or similar charter or which are member teams in a league organized by or affiliated with a county or municipal recreation department.

##### **§ 18A:40-41.6** Short title. {#sec-18a-40-41.6 omnilex-key=us-nj-statutes--title-18a--18A:40-41.6}

1. Sections 2 through 4 of this act shall be known and may be cited as the "Scholastic Student-Athlete Safety Act."

##### **§ 18A:40-41.7** Preparticipation Physical Evaluation Form required for student-athletes; certification statement. {#sec-18a-40-41.7 omnilex-key=us-nj-statutes--title-18a--18A:40-41.7}

2. a. The board of education of a public school district and the governing board or chief school administrator of a nonpublic school shall require that prior to the participation of any student enrolled in grades six to 12 on a school-sponsored interscholastic or intramural athletic team or squad, the student shall have a physical examination using the "Preparticipation Physical Evaluation" form developed jointly by the American Academy of Family Physicians, American Academy of Pediatrics, American College of Sports Medicine, American Medical Society for Sports Medicine, American Orthopaedic Society for Sports Medicine, and American Osteopathic Academy of Sports Medicine. The Preparticipation Physical Evaluation form shall include the History and Physical Examination components. The Preparticipation Physical Evaluation form shall also include a certification statement, to be signed by the licensed physician, advanced practice nurse, or physician assistant who performed the physical examination, attesting to the completion of the current professional development module developed pursuant to subsection a. of section 3 of P.L.2013, c.71 (C.18A:40-41d).

b. The physical examination required by subsection a. of this section shall be conducted within 365 days prior to the first day of official practice in an athletic season and shall be conducted by a licensed physician, advanced practice nurse, or physician assistant. Each student whose physical examination was completed more than 90 days prior to the first day of official practice in an athletic season shall provide a health history update questionnaire, completed and signed by the student's parent or guardian. The completed health history update questionnaire shall be reviewed by the school nurse and, if applicable, the school athletic trainer and shall include information as to whether, in the time period since the date of the student's last preparticipation physical examination, the student has:

(1) been advised by a licensed physician, advanced practice nurse, or physician assistant not to participate in a sport;

(2) sustained a concussion, been unconscious or lost memory from a blow to the head;

(3) broken a bone or sprained, strained, or dislocated any muscles or joints;

(4) fainted or blacked out;

(5) experienced chest pains, shortness of breath, or heart racing;

(6) had a recent history of fatigue and unusual tiredness;

(7) been hospitalized, visited an emergency room, or had a significant medical illness;

(8) started or stopped taking any over the counter or prescribed medications; or

(9) had a sudden death in the family, or whether any member of the student's family under the age of 50 has had a heart attack or heart trouble.

c. A board of education of a public school district and the governing board or chief school administrator of a nonpublic school shall not permit a student enrolled in grades six to 12 to participate on a school-sponsored interscholastic or intramural athletic team or squad unless the student has completed a Preparticipation Physical Evaluation form and, if applicable, a completed health history update questionnaire as required by subsections a. and b. of this section.

##### **§ 18A:40-41.8** Findings, declarations relative to protective eyeware for children participating in sports. {#sec-18a-40-41.8 omnilex-key=us-nj-statutes--title-18a--18A:40-41.8}

1. The Legislature finds and declares that:

a. Eye injuries are the leading cause of preventable blindness and visual impairment in children, and most injuries occurring in school-aged children are sports-related;

b. Every 16 minutes a child incurs a sports-related eye injury severe enough to require a visit to the emergency room;

c. According to Prevent Blindness America, 90% of all eye injuries can be avoided by the use of appropriate eye protection; and

d. It is necessary and prudent to educate parents and children about sports-related eye injuries in order to reduce the needless loss of sight that can occur during sports activities.

##### **§ 18A:40-41.9** Development of educational fact sheet providing information relative to sports-related eye injuries. {#sec-18a-40-41.9 omnilex-key=us-nj-statutes--title-18a--18A:40-41.9}

2. a. The Commissioner of Education shall develop within 120 days of the effective date of this act, an educational fact sheet that provides information about sports-related eye injuries. The educational fact sheet shall include, but need not be limited to:

(1) a list of the most common sports-related eye injuries and the recognition of the symptoms of those injuries;

(2) a recommendation that children seek treatment and advice from a licensed health care professional regarding the appropriate amount of time to delay the return to sports competition or practice after sustaining an eye injury;

(3) a recommendation that all children participating in school sports or recreational sports wear protective eyewear;

(4) information concerning the purchase of appropriate protective eyewear; and

(5) any other information the commissioner deems appropriate.

b. Each school district and nonpublic school shall distribute the educational fact sheet annually to the parents or guardians of the students.

##### **§ 18A:40-41.10** Educational fact sheet relative to use, misuse of opioid drugs for sports-related injuries. {#sec-18a-40-41.10 omnilex-key=us-nj-statutes--title-18a--18A:40-41.10}

1. a. The Commissioner of Education, in consultation with the Commissioner of Health, shall develop within 120 days of the effective date of this act, an educational fact sheet that provides information concerning the use and misuse of opioid drugs in the event that a student-athlete or cheerleader is prescribed an opioid for a sports-related injury.

b. A school district or nonpublic school that participates in an interscholastic sports program or cheerleading program shall distribute the educational fact sheet annually to the parents or guardians of student-athletes and cheerleaders and shall obtain a signed acknowledgment of the receipt of the fact sheet by the student-athlete or cheerleader and his parent or guardian.

##### **§ 18A:40-41.11** Emergency action plan for responding to a serious or potentially life-threatening sport-related injury. {#sec-18a-40-41.11 omnilex-key=us-nj-statutes--title-18a--18A:40-41.11}

1. a. The board of education of a school district and the governing body or chief school administrator of a nonpublic school that includes any of the grades six through 12 shall establish and implement an emergency action plan for responding to a serious or potentially life-threatening sports-related injury. The plan shall document the proper procedures to be followed when a student sustains a serious injury while participating in sports or other athletic activity. The plan shall be specific to the activity site, and shall be developed in consultation with local emergency medical services personnel.

b. The emergency action plan established pursuant to subsection a. of this section shall include, but need not be limited to, the following components:

(1) a list of the employees, team coaches, and licensed athletic trainers in each school who are trained in first aid or cardio-pulmonary resuscitation;

(2) identification of the employees, team coaches, or licensed athletic trainers in each school who will be responsible for carrying out the emergency action plan and a description of their respective responsibilities;

(3) identification of the activity location or venue;

(4) identification of the equipment and supplies that may be needed to respond to the emergency, including the location of each item; and

(5) a description of the proper procedures to be followed after a student sustains a serious sports-related injury including, but not limited to, responding to the injured student, summoning emergency medical care, assisting emergency responders in getting to the injured student, and documenting the actions taken during the emergency.

c. The emergency action plan shall be reviewed annually and updated as necessary. The plan shall be rehearsed annually in each school by the individuals who will be responsible for executing the plan in an emergency.

##### **§ 18A:40-41.12** Rules, regulations. {#sec-18a-40-41.12 omnilex-key=us-nj-statutes--title-18a--18A:40-41.12}

2. The State Board of Education, in consultation with the Commissioner of Health, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of this act.

##### **§ 18A:40-42** Educational fact sheet about HPV. {#sec-18a-40-42 omnilex-key=us-nj-statutes--title-18a--18A:40-42}

2. a. The Commissioner of Education, in consultation with the Commissioner of Health, shall develop an educational fact sheet about the human papillomavirus (HPV) for distribution to parents or guardians of students in grades seven through 12. The educational fact sheet shall include information about the causes, symptoms and means of transmission of HPV, and where additional information can be obtained.

b. For the 2007-2008 school year, a school district shall distribute to parents and guardians of students in grades seven through 12 the educational fact sheet on HPV, in a manner prescribed by the Commissioner of Education.

c. Beginning with the 2008-2009 school year, a school district shall distribute the educational fact sheet annually to parents or guardians of students in grade seven in a manner prescribed by the Commissioner of Education.

d. The Commissioner of Education also shall make the educational fact sheet available to private schools educating students in grades seven through 12. Such schools are encouraged, but not required, to distribute the fact sheet to parents or guardians of students at the school.

##### **§ 18A:40-43** Information available to certain public school students about "New Jersey Safe Haven Infant Protection Act." {#sec-18a-40-43 omnilex-key=us-nj-statutes--title-18a--18A:40-43}

2. In the 2006-2007 school year and in each school year thereafter, each board of education which operates an educational program for public school students in grades 7 through 12 shall:

a. ensure that posters providing information on the provisions of the "New Jersey Safe Haven Infant Protection Act," P.L.2000, c.58 (C.30:4C-15.5 et al.), are prominently displayed in the school nurse's office and health education classrooms;

b. have pamphlets and other educational materials providing information about the safe haven procedures available in the guidance office of every public school with students in grades 7 through 12 for free distribution to students; and

c. utilize, for the purposes of this section, informational pamphlets, posters and other educational materials distributed by the Department of Children and Families pursuant to section 1 of P.L.2007, c.143 (C.30:4C-15.11).

##### **§ 18A:40-44** Information relative to child's exposure to violence on electronic devices. {#sec-18a-40-44 omnilex-key=us-nj-statutes--title-18a--18A:40-44}

1. a. The Department of Education shall prepare and make available on the department's Internet website, both in print and in an easily printable format, information on how a parent can limit a child's exposure to violence on television, cell phones, computers, and other electronic devices. The department shall update this information whenever new information about a child's exposure to violence on television and other electronic devices becomes available. The information shall include, but not be limited to:

(1) research and statistics on how violent behavior increases after exposure to violent films, music, television, or video games;

(2) scientific findings that show children who play violent video games are more likely to be involved in physical altercations with classmates, perform poorly on academic tasks, and are unable to relate to adults in positions of authority;

(3) factors that increase the probability a child will be at risk of violent behavior, including, but not limited to, exposure or involvement in violence at critical stages of childhood development, poor socioeconomic conditions, and poor parenting skills;

(4) symptoms of a child's overexposure to violence, including, but not limited to, sleeplessness, anxiety, depression, feelings of hopelessness, truancy, and difficulty in school;

(5) predictors of violent behavior in children, including but not limited to, dishonesty, disobedience, favorable attitude toward violence, hostility toward police, substance use, aggressive or antisocial behavior, and involvement in nonviolent criminal offenses; and

(6) effective strategies, based on a child's age and stage of development, that will help a parent monitor or restrict a child's exposure to violence on television and other electronic devices, including, but not limited to, the use of screening software or other technologies that prevent a child from watching television programs a parent deems inappropriate, co-viewing and commenting on television programs that depict violence, and familiarization with video game advisory labels and rating systems that make it more difficult for children to purchase and play such games.

b. The department shall prepare an informational pamphlet that contains the information posted on its website pursuant to subsection a. of this section, and shall update the pamphlet as necessary. The department shall distribute the pamphlet, at no charge, to all school districts in the State, and shall make additional copies available to nonpublic schools upon request.

c. In the 2013-2014 school year and in each school year thereafter, each school district shall distribute the pamphlet to the parents or guardians of students attending the schools of the district.

##### **§ 18A:40-45** Rules, regulations. {#sec-18a-40-45 omnilex-key=us-nj-statutes--title-18a--18A:40-45}

2. The Department of Education, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.

## **Chapter 40A** {#struct-chapter-40a}

##### **§ 18A:40A-1** Instructional programs on drugs, alcohol, anabolic steroids, tobacco and controlled dangerous substances; curriculum guidelines {#sec-18a-40a-1 omnilex-key=us-nj-statutes--title-18a--18A:40A-1}

Instructional programs on the nature of drugs, alcohol, anabolic steroids, tobacco and controlled dangerous substances, as defined in section 2 of P.L.1970, c.226 (C.24:21-2), and their physiological, psychological, sociological and legal effects on the individual, the family and society shall be taught in each public school and in each grade from kindergarten through 12 in a manner adapted to the age and understanding of the pupils. The programs shall be based upon the curriculum guidelines established by the Commissioner of Education pursuant to section 2 of this act, and shall be included in the curriculum for each grade in such a manner as to provide a thorough and comprehensive treatment of the subject.

##### **§ 18A:40A-2** Curriculum guidelines; annual review and updating; minimum requirements {#sec-18a-40a-2 omnilex-key=us-nj-statutes--title-18a--18A:40A-2}

2. The Commissioner of Education, in consultation with the Commissioner of Health, shall develop curriculum guidelines for education programs on drugs, alcohol, anabolic steroids, tobacco and controlled dangerous substances. These guidelines shall be reviewed annually, and shall be updated as necessary to ensure that the curriculum reflects the most current information available on the nature and treatment of drug, alcohol, anabolic steroids, tobacco and controlled dangerous substance use and substance use disorder treatment. The guidelines shall provide for a sequential course of study for each grade, K-12, and shall, at a minimum, include:

a. Detailed, factual information regarding the physiological, psychological, sociological and legal aspects of substance use;

b. Detailed information concerning the availability of help and assistance for pupils and their families with substance use disorder;

c. Decision making and coping skills; and,

d. The development of activities and attitudes which are consistent with a healthy life style.

The guidelines shall include model instructional units, shall define specific behavioral and learning objectives and shall recommend instructional materials suitable for each grade level.

##### **§ 18A:40A-2.1** Substance abuse instruction, review of curriculum; report. {#sec-18a-40a-2.1 omnilex-key=us-nj-statutes--title-18a--18A:40A-2.1}

1. a. The Department of Education, in consultation with the Division of Mental Health and Addiction Services in the Department of Human Services, shall review the Core Curriculum Content Standards in Comprehensive Health and Physical Education to ensure that guidance for substance use instruction incorporates the most recent evidence-based standards and practices.

b. Within 120 days of the effective date of this act, the department shall issue a written report to the Governor, to the State Board of Education, and to the Legislature as provided under section 2 of P.L.1991, c.164 (C.52:14-19.1), with its determination on whether the Core Curriculum Content Standards in Comprehensive Health and Physical Education adequately incorporate the most recent evidence-based standards and practices pursuant to subsection a. of this section. If the department determines that the Core Curriculum Content Standards in Comprehensive Health and Physical Education need to be revised, it shall propose the revisions to the State board within 12 months of the report's submission.

##### **§ 18A:40A-3** Initial inservice training programs; curriculum; availability {#sec-18a-40a-3 omnilex-key=us-nj-statutes--title-18a--18A:40A-3}

3. a. Upon completion of the curriculum guidelines required pursuant to section 2 of this act, the Commissioner of Education, in consultation with the Commissioner of Health, shall establish inservice workshops and training programs to train selected public school teachers to teach an education program on drugs, alcohol, anabolic steroids, tobacco and controlled dangerous substances. The inservice training programs may utilize existing county or regional offices, or such other institutions, agencies or persons as the Commissioner of Education deems appropriate. The programs and workshops shall provide instructional preparation for the teaching of the drug, alcohol, anabolic steroids, tobacco and controlled dangerous substances curriculum, and shall, in addition to the curriculum material, include information on the history, pharmacology, physiology and psychosocial aspects of drugs, alcohol, anabolic steroids, tobacco and controlled dangerous substances, symptomatic behavior associated with substance use, the availability of rehabilitation and treatment programs, and the legal aspects of substance use. Each local board of education shall provide time for the inservice training during the usual school schedule in order to ensure that appropriate teaching staff members are prepared to teach the education program in each grade in each school district.

b. Upon completion of the initial inservice training program, the Commissioner of Education shall ensure that programs and workshops that reflect the most current information on substance use are prepared and are made available to teaching staff members at regular intervals.

c. In addition to providing inservice training programs for teaching staff members who will provide instruction on substance use disorder in the public schools, the Commissioner of Education shall make these training programs available to such other instructional and supervisory personnel as the commissioner deems necessary and appropriate.

##### **§ 18A:40A-4** Preservice training {#sec-18a-40a-4 omnilex-key=us-nj-statutes--title-18a--18A:40A-4}

4. In addition to the provisions for inservice training established pursuant to this act, the commissioner shall ensure that the preservice training of individuals intending to enter the teaching profession provides for an adequate treatment of the subject of substance use.

No certificate to teach in the public schools shall be issued to any teaching staff member who has not passed a satisfactory examination in (1) physiology and hygiene; and (2) substance use issues which includes material on the physiological, psychological, sociological and legal aspects of substance use, methods of educating students on the negative effects of substance use, and intervention strategies for dealing with students engaged in substance use.

1987, c. 389, s.4; amended 2023, c.177, s.38.

##### **§ 18A:40A-5** Loaning of educational materials {#sec-18a-40a-5 omnilex-key=us-nj-statutes--title-18a--18A:40A-5}

The board of education in each school district in the State in which a nonpublic school is located shall have the power and duty to loan to all pupils attending nonpublic schools located within the district all educational materials developed by the Commissioner of Education pursuant to this act for the instruction of public school pupils on the nature and effects of drugs, alcohol, anabolic steroids, tobacco and controlled dangerous substances. The Commissioner of Education shall make these materials available so that the local board of education shall not be required to expend funds for the loan of these materials.

##### **§ 18A:40A-6** Evaluation {#sec-18a-40a-6 omnilex-key=us-nj-statutes--title-18a--18A:40A-6}

The Commissioner of Education, in consultation with the Commissioner of Health, shall establish and administer a system for the evaluation of the effectiveness of instructional programs established pursuant to this act. Programs which are shown to be effective shall be made available to other school districts throughout the State.

1987, c. 389, s.6.

##### **§ 18A:40A-7** Rules, regulations {#sec-18a-40a-7 omnilex-key=us-nj-statutes--title-18a--18A:40A-7}

The State Board of Education shall adopt, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), rules and regulations necessary for the implementation of this act.

1987, c. 389, s.7.

##### **§ 18A:40A-7.1** Confidentiality of certain information provided by pupil; exceptions. {#sec-18a-40a-7.1 omnilex-key=us-nj-statutes--title-18a--18A:40A-7.1}

1. a. Except as provided by section 3 of P.L.1971, c.437 (C.9:6-8.10), if a public or private elementary or secondary school pupil who is participating in a school-based substance use counseling program provides information during the course of a counseling session in that program which indicates that the pupil's parent or guardian or other person residing in the pupil's household has a substance use disorder, that information shall be kept confidential and may be disclosed only under the circumstances expressly authorized under subsection b. of this section.

b. The information provided by a pupil pursuant to subsection a. of this section may be disclosed:

(1) subject to the pupil's written consent, to another person or entity whom the pupil specifies in writing in the case of a secondary school pupil, or to a member of the pupil's immediate family or the appropriate school personnel in the case of an elementary school pupil;

(2) pursuant to a court order;

(3) to a person engaged in a bona fide research purpose, except that no names or other information identifying the pupil or the person with respect to whose substance use the information was provided, shall be made available to the researcher; or

(4) to the Division of Child Protection and Permanency or to a law enforcement agency, if the information would cause a person to reasonably suspect that the elementary or secondary school pupil or another child may be an abused or neglected child as the terms are used in R.S.9:6-1, or as the terms are defined in section 2 of P.L.1971, c.437 (C.9:6-8.9), or section 1 of P.L.1974, c.119 (C.9:6-8.21).

c. Any disclosure made pursuant to paragraph (1) or (2) of subsection b. of this section shall be limited to that information which is necessary to carry out the purpose of the disclosure, and the person or entity to whom the information is disclosed shall be prohibited from making any further disclosure of that information without the pupil's written consent. The disclosure shall be accompanied by a written statement advising the recipient that the information is being disclosed from records the confidentiality of which is protected by P.L.1997, c.362 (C.18A:40A-7.1 et seq.), and that this law prohibits any further disclosure of this information without the written consent of the person from whom the information originated. Nothing in P.L.1997, c.362 (C.18A:40A-7.1 et seq.) shall be construed as prohibiting the Division of Child Protection and Permanency or a law enforcement agency from using or disclosing the information in the course of conducting an investigation or prosecution. Nothing in P.L.1997, c.362 shall be construed as authorizing the violation of any federal law.

d. The prohibition on the disclosure of information provided by a pupil pursuant to subsection a. of this section shall apply whether the person to whom the information was provided believes that the person seeking the information already has it, has other means of obtaining it, is a law enforcement or other public official, has obtained a subpoena, or asserts any other justification for the disclosure of this information.

##### **§ 18A:40A-7.2** Violations, penalties {#sec-18a-40a-7.2 omnilex-key=us-nj-statutes--title-18a--18A:40A-7.2}

2. Except as provided by section 6 of P.L.1971, c.437 (C.9:6-8.13), a person who discloses or willfully permits the disclosure of information provided by a pupil in violation of the provisions of section 1 of this act is subject to a fine of not more than $500 for a first offense and not more than $5,000 for a second and each subsequent offense. The penalty shall be collected and enforced in summary proceedings under "the penalty enforcement law" (N.J.S.2A:58-1 et seq.).

##### **§ 18A:40A-8** Findings, declarations {#sec-18a-40a-8 omnilex-key=us-nj-statutes--title-18a--18A:40A-8}

1. The Legislature finds and declares that:

a. A significant number of young people are unfortunately already involved in the use of alcohol and other drugs;

b. Research indicates that particular groups of youngsters, such as the children of parents who have alcohol use disorder, may in fact face an increased risk of developing alcohol and other substance use problems and that early intervention services can be critical in their prevention, detection, and treatment; and,

c. School-based initiatives have proven particularly effective in identifying and assisting students at a high risk of developing alcohol and other drug disturbances and in reducing absenteeism, decreasing the consumption of alcohol and other drugs, and in lessening the problems associated with substance use disorders.

1987, c.387, s.1; amended 2023, c.177, s.40.

##### **§ 18A:40A-9** Definitions {#sec-18a-40a-9 omnilex-key=us-nj-statutes--title-18a--18A:40A-9}

2. For the purposes of this act:

"Substance" shall mean alcoholic beverages, controlled dangerous substances as defined in section 2 of P.L.1970, c.266 (C.24:21-2), anabolic steroids or any chemical or chemical compound which releases vapors or fumes causing a condition of intoxication, inebriation, excitement, stupefaction or dulling of the brain or nervous system including, but not limited to, glue containing a solvent having the property of releasing toxic vapors or fumes as defined in section 1 of P.L.1965, c.41 (C.2A:170-25.9).

"Substance use " shall mean the consumption or use of any substance as defined herein for purposes other than for the treatment of sickness or injury as prescribed or administered by a person duly authorized by law to treat sick and injured human beings.

##### **§ 18A:40A-10** Referral program in schools {#sec-18a-40a-10 omnilex-key=us-nj-statutes--title-18a--18A:40A-10}

3. Each local board of education shall, pursuant to guidelines developed by the Commissioner of Education, in consultation with the Assistant Commissioner of the Division of Mental Health and Addiction Services in the Department of Human Services, establish a comprehensive substance use intervention, prevention and treatment referral program in the public elementary and secondary schools of the district. The purpose of the program shall be to identify pupils who use substances, assess the extent of these pupils' involvement with these substances and, where appropriate, refer pupils and their families to organizations and agencies approved by the Division of Mental Health and Addiction Services in the Department of Human Services to offer competent professional treatment. Treatment shall not be at the expense of the local board of education.

Each school district shall develop a clear written policy statement which outlines the district's program to combat substance use and which provides for the identification, evaluation, referral for treatment and discipline of pupils who use substances . Copies of the policy statement shall be distributed to pupils and their parents at the beginning of each school year.

1987, c.387, s.3; amended 2023, c.177, s.42.

##### **§ 18A:40A-11** Policies for evaluations, referral, discipline. {#sec-18a-40a-11 omnilex-key=us-nj-statutes--title-18a--18A:40A-11}

4. Each board of education shall adopt and implement, in accordance with rules and regulations promulgated by the State board, policies and procedures for the evaluation, referral for treatment and discipline of pupils involved in incidents of possession or use of substances as defined in section 2 of this act, on school property or at school functions, or who show significant symptoms of the use of those substances on school property or at school functions. In adopting and implementing these policies and procedures, the board shall consult and work closely with a local organization involved with the prevention, detection and treatment of substance use disorder approved by the Division of Mental Health and Addiction Services in the Department of Human Services.

1987, c.387, s.4; amended 2023, c.177, s.43.

##### **§ 18A:40A-12** Reporting of pupils under influence; examination; report; return home; evaluation of possible need for treatment; referral for treatment. {#sec-18a-40a-12 omnilex-key=us-nj-statutes--title-18a--18A:40A-12}

5. a. Whenever it shall appear to any teaching staff member, school nurse or other educational personnel of any public school in this State that a pupil may be under the influence of substances as defined pursuant to section 2 of this act, other than anabolic steroids, that teaching staff member, school nurse, or other educational personnel shall report the matter as soon as possible to the school nurse or medical inspector, as the case may be, or to a student assistance coordinator, and to the principal or, in the principal's absence, to a designee. The principal or designee shall immediately notify the parent or guardian and the superintendent of schools, if there be one, or the administrative principal and shall arrange for an immediate examination of the pupil by a doctor selected by the parent or guardian, or if that doctor is not immediately available, by the medical inspector, if available. If a doctor or medical inspector is not immediately available, the pupil shall be taken to the emergency department of the nearest hospital for examination accompanied by a member of the school staff designated by the principal and a parent or guardian of the pupil if available. The pupil shall be examined as soon as possible for the purpose of diagnosing whether or not the pupil is under such influence. A written report of that examination shall be furnished within 24 hours by the examining physician to the parent or guardian of the pupil and to the superintendent of schools or administrative principal. If it is determined that the pupil was under the influence of a substance, the pupil shall be returned to the pupil's home as soon as possible and shall not resume attendance at school until the pupil submits to the principal a written report certifying that the pupil is physically and mentally able to return thereto, which report shall be prepared by a personal physician, the medical inspector, or the physician who examined the pupil pursuant to the provisions of this act.

In addition, the pupil shall be interviewed by a student assistance coordinator or another appropriately trained teaching staff member for the purpose of determining the extent of the pupil's involvement with these substances and possible need for treatment. In order to make this determination the coordinator or other teaching staff member may conduct a reasonable investigation which may include interviews with the pupil's teachers and parents. The coordinator or other teaching staff member may also consult with experts in the field of substance use disorder as may be necessary and appropriate. If it is determined that the pupil's involvement with and use of these substances represents a danger to the pupil's health and well-being, the coordinator or other teaching staff member shall refer the pupil to an appropriate treatment program which has been approved by the Assistant Commissioner of the Division of Mental Health and Addiction Services in the Department of Human Services .

b. Whenever any teaching staff member, school nurse, or other educational personnel of any public school in this State shall have reason to believe that a pupil has used or may be using anabolic steroids, that teaching staff member, school nurse, or other educational personnel shall report the matter as soon as possible to the school nurse or medical inspector, as the case may be, or to a student assistance coordinator, and to the principal or, in the principal's absence, to a designee. The principal or a designee, shall immediately notify the parent or guardian and the superintendent of schools, if there be one, or the administrative principal and shall arrange for an examination of the pupil by a doctor selected by the parent or guardian or by the medical inspector. The pupil shall be examined as soon as possible for the purpose of diagnosing whether or not the pupil has been using anabolic steroids. A written report of that examination shall be furnished by the examining physician to the parent or guardian of the pupil and to the superintendent of schools or administrative principal. If it is determined that the pupil has been using anabolic steroids, the pupil shall be interviewed by a student assistance coordinator or another appropriately trained teaching staff member for the purpose of determining the extent of the pupil's involvement with these substances and possible need for treatment. In order to make this determination the coordinator or other teaching staff member may conduct a reasonable investigation which may include interviews with the pupil's teachers and parents. The coordinator or other teaching staff member may also consult with experts in the field of substance use disorder as may be necessary and appropriate. If it is determined that the pupil's involvement with and use of these substances represents a danger to the pupil's health and well-being, the coordinator or other teaching staff member shall refer the pupil to an appropriate treatment program which has been approved by the Assistant Commissioner of the Division of Mental Health and Addiction Services in the Department of Human Services.

##### **§ 18A:40A-13** Immunity for personnel. {#sec-18a-40a-13 omnilex-key=us-nj-statutes--title-18a--18A:40A-13}

6. No action of any kind in any court of competent jurisdiction shall lie against any teaching staff member, including a student assistance coordinator, any school nurse or other educational personnel, medical inspector, examining physician or any other officer, agent or any employee of the board of education or personnel of the emergency room of a hospital because of any action taken by virtue of the provisions of this act, provided the skill and care given is that ordinarily required and exercised by other such teaching staff members, nurses, educational personnel, medical inspectors, physicians or other officers, agents, or any employees of the board of education or emergency room personnel.

##### **§ 18A:40A-14** Civil immunity for reporting. {#sec-18a-40a-14 omnilex-key=us-nj-statutes--title-18a--18A:40A-14}

7. Any teacher, guidance counselor, school psychologist, school nurse, student assistance coordinator or other educational or noneducational personnel, employed by or in any of the public or private schools of this State, who in good faith reports a pupil to the principal or his designee or to the medical inspector or school physician or school nurse in an attempt to help such pupil cure his abuse of substances as defined in section 2 of this act, shall not be liable in civil damages as a result of making any such report.

Nothing in this section is intended to preclude the protections provided in section 2 of P.L.1971, c.414 (C.2A:62A-4) or otherwise provided by law.

##### **§ 18A:40A-15** Inservice training program {#sec-18a-40a-15 omnilex-key=us-nj-statutes--title-18a--18A:40A-15}

8. a. The Commissioner of Education, in consultation with the Assistant Commissioner of the Division of Mental Health and Addiction Services in the Department of Human Services, shall develop an inservice training program for public school teachers to enable the teachers to recognize and respond to substance use by public school pupils. The program shall, at a minimum, include:

(1) Instruction to assist the teacher in the identification of the symptoms and behavioral patterns which might indicate that a child may be involved in substance use;

(2) Appropriate intervention strategies; and,

(3) Information on the State, local and community organizations which are available for the prevention, early intervention, treatment and rehabilitation of individuals who show symptoms of substance use.

The inservice training program required pursuant to this section shall be updated at regular intervals in order to ensure that teaching staff members have the most current information available on this subject.

b. Each local board of education shall ensure that all teaching staff members in the district who are involved in the instruction of pupils are provided with the inservice training program developed pursuant to this section. The inservice training program of the local board of education shall also include information concerning the policy of the board regarding the referral for treatment of pupils with substance use disorder, as required pursuant to section 5 of this act.

1987, c. 387, s.8; amended 2023, c.177, s.45.

##### **§ 18A:40A-16** Guidelines, materials for program {#sec-18a-40a-16 omnilex-key=us-nj-statutes--title-18a--18A:40A-16}

9. a. The Commissioner of Education, in consultation with the Assistant Commissioner of the Division of Mental Health and Addiction Services in the Department of Human Services, shall establish guidelines for substance use education programs to be offered by local boards of education to the parents or legal guardians of public school pupils. The program shall, at a minimum, provide:

(1) A thorough and comprehensive review of the substance use education curriculum which will be taught to the child of the parent or guardian during the school year, with recommendations as to the ways in which the parent or guardian may enhance, reinforce and supplement that program;

(2) Information on the pharmacology, physiology, psychosocial and legal aspects of substance use, and instruction to assist the parent or guardian in the identification of the symptoms and behavioral patterns which might indicate that a child may be involved in substance use; and

(3) Information on the State, local and community organizations which are available for the prevention, early intervention, treatment and rehabilitation of individuals who show symptoms of substance use.

b. In addition to the guidelines required pursuant this section, the Commissioner of Education, in consultation with the Assistant Commissioner of the Division of Mental Health and Addiction Services in the Department of Human Services, shall develop and provide to local boards of education suggested materials for the substance use education program for parents or legal guardians of school pupils, and shall maintain and continuously update a roster of individuals or groups available to assist boards of education in implementing this program and a list of State and local agencies and organizations which are approved by the Department of Health to provide services for the prevention, early intervention, treatment or rehabilitation of individuals who show symptoms of substance use disorder.

1987, c. 387, s.9; amended 2023, c.177, s.46.

##### **§ 18A:40A-17** Outreach program {#sec-18a-40a-17 omnilex-key=us-nj-statutes--title-18a--18A:40A-17}

10. a. Under the guidelines established by the Commissioner of Education, each local board of education shall establish an outreach program to provide substance use education for the parents or legal guardians of the pupils of the district. In establishing the program, the local board of education shall consult with such local organizations and agencies as are recommended by the commissioner. The board of education shall ensure that the program is offered at times and places convenient to the parents of the district on school premises, or in other suitable facilities.

b. In addition to the substance use education program required pursuant to this section, each local board of education shall establish policies and procedures to provide assistance to parents or legal guardians who believe that their child may be involved in substance use. These policies and procedures shall be consistent with the policies and procedures for intervention by school personnel developed pursuant to this act.

c. The board of education in each school district in the State in which a nonpublic school is located shall have the power and duty to loan to the parents or legal guardians of all pupils attending nonpublic schools located within the district all educational materials developed by the Commissioner of Education for the instruction of the parents or legal guardians of public school pupils on the nature and effects of substances and substance use. The Commissioner of Education shall make these materials available so that the local board of education shall not be required to expend funds for the loan of these materials.

1987, c. 387, s.10; amended 2023, c.177, s.47.

##### **§ 18A:40A-18** Employment of student assistance coordinators in certain school districts. {#sec-18a-40a-18 omnilex-key=us-nj-statutes--title-18a--18A:40A-18}

11. The Commissioner of Education, in consultation with the Assistant Commissioner of the Division of Mental Health and Addiction Services in the Department of Human Services, shall develop and administer a program which provides for the employment of student assistance coordinators in certain school districts.

a. Within 90 days of the effective date of this act, the Commissioner of Education shall forward to each local school board a request for a proposal for the employment of a student assistance coordinator. A board that wants to participate in the program shall submit a proposal to the commissioner which outlines the district's plan to provide substance use prevention, intervention, and treatment referral services to students through the employment of a student assistance coordinator. Nothing shall preclude a district which employs a student assistance coordinator at the time of the effective date of this act from participating in this program. The commissioner shall select school districts to participate in the program through a competitive grant process. The participating districts shall include urban, suburban, and rural districts from the north, central, and southern geographic regions of the State with at least one school district per county. In addition to all other State aid to which the local district is entitled under the provisions of P.L.2007, c.260 (C.18A:7F-43 et al.) and other pertinent statutes, each board of education participating in the program shall receive from the State, for a three-year period, the amount necessary to pay the salary of its student assistance coordinator.

b. The position of student assistance coordinator shall be separate and distinct from any other employment position in the district, including, but not limited to district guidance counselors, school social workers, and school psychologists. The State Board of Education shall approve the education and experience criteria necessary for employment as a student assistance coordinator. The criteria shall include a requirement for certification by the State Board of Examiners. In addition to the criteria established by the State board, the Department of Education and the Division of Mental Health and Addiction Services in the Department of Human Services shall jointly conduct orientation and training programs for student assistance coordinators, and shall also provide for continuing education programs for coordinators.

c. It shall be the responsibility of student assistance coordinators to assist local school districts in the effective implementation of this act. Coordinators shall assist with the in service training of school district staff concerning substance use issues and the district program to combat substance use; serve as an information resource for substance use curriculum development and instruction; assist the district in revising and implementing substance use policies and procedures; develop and administer intervention services in the district; provide counseling services to pupils regarding substance use problems; and, where necessary and appropriate, cooperate with juvenile justice officials in the rendering of substance use disorder treatment services.

d. The Commissioner of Education, in consultation with the Assistant Commissioner of the Division of Mental Health and Addiction Services in the Department of Human Services, shall implement a plan to collect data on the effectiveness of the program in treating problems associated with substance use and in reducing the incidence of substance use in local school districts. Six months prior to the expiration of the program authorized pursuant to this section, the Commissioner of Education shall submit to the Governor and the Legislature an evaluation of the program and a recommendation on the advisability of its continuation or expansion to all school districts in the State.

##### **§ 18A:40A-19** Pilot programs {#sec-18a-40a-19 omnilex-key=us-nj-statutes--title-18a--18A:40A-19}

12. The Commissioner of Education is authorized to make grants to local school districts in such amounts as the commissioner shall determine, to assist the districts in the implementation of innovative pilot programs designed to educate pupils of elementary and secondary schools and members of the general public on the subject of substance use, and to prevent the use of those substances. Application for grants shall be made on forms furnished by the Commissioner of Education and shall set forth the program proposed and appropriate administrative procedures for the proper and efficient implementation of the program. These pilot programs shall, at a minimum, include:

a. An early intervention competitive grant pilot program to be established by the Commissioner of Education, in consultation with the Assistant Commissioner of the Division of Mental Health and Addiction Services in the Department of Human Services and the Commissioner of Human Services, to enable local school districts to identify and assist elementary school pupils who are affected by family substance use problems or who are at risk of developing such problems themselves. The purpose of the program shall be to encourage the creation of effective model programs for the early identification of children at risk for substance use related problems and to provide for effective intervention when these children are identified.

Grants shall be awarded to boards of education through a competitive grant process based upon written applications submitted by local boards of education. The Commissioner of Education shall select not more than eight of the proposals submitted by boards of education for participation in the pilot program. The commissioner, in addition to considering the overall quality of each proposal and the likelihood that the proposal can be replicated in other districts, shall seek to achieve the broadest geographic distribution of recipients consistent with the purposes of this act.

b. The pilot program established in Ocean County by the Department of Education in conjunction with the Juvenile Services Unit in the Family Division of the Administrative Office of the Courts, to coordinate the efforts of school and juvenile justice personnel in the county to combat substance use by students.

The commissioner shall evaluate the effectiveness of the model program developed and tested pursuant to this section and disseminate information about successful model programs to school districts that do not participate in the pilot program.

1987, c. 387, s.12; amended 2023, c.177, s.49.

##### **§ 18A:40A-20** Annual report. {#sec-18a-40a-20 omnilex-key=us-nj-statutes--title-18a--18A:40A-20}

13. The Commissioner of Education, in consultation with the Assistant Commissioner of the Division of Mental Health and Addiction Services in the Department of Human Services and the Commissioner of Human Services, shall develop procedures for the evaluation of the impact of the programs established pursuant to this act and shall report annually to the Governor and the Legislature on the effects of these programs. That report shall include data concerning the incidence of substance use in the public schools; the nature and scope of intervention, prevention and treatment referral programs; an assessment of the impact of those programs on the problem of substance use; and, any recommendations for modifications in the programs established pursuant to this act.

1987, c. 387, s.13; amended 2023, c.177, s.51.

##### **§ 18A:40A-21** Rules, regulations {#sec-18a-40a-21 omnilex-key=us-nj-statutes--title-18a--18A:40A-21}

The State Board of Education shall, pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), adopt rules and regulations to effectuate the purposes of this act.

1987, c. 387, s.14.

##### **§ 18A:40A-22** Findings, declarations relative to substance abuse testing policies in public school districts. {#sec-18a-40a-22 omnilex-key=us-nj-statutes--title-18a--18A:40A-22}

1. The Legislature finds and declares that there are many school districts within the State with a growing problem of drug abuse among their students. The Legislature further finds that federal and State courts have held that it may be appropriate for school districts to combat this problem through the random drug testing of students participating in extracurricular activities, including interscholastic athletics, and students who possess school parking permits. The Legislature also finds that a random drug testing program may have a positive effect on attaining the important objectives of deterring drug use and providing a means for the early detection of students with drug problems so that counseling and rehabilitative treatment may be offered.

##### **§ 18A:40A-23** Adoption of policy for random testing of certain students. {#sec-18a-40a-23 omnilex-key=us-nj-statutes--title-18a--18A:40A-23}

2. A board of education may adopt a policy, pursuant to rules and regulations adopted by the State Board of Education in consultation with the Department of Human Services, which are consistent with the New Jersey Constitution and the federal Constitution, for the random testing of the district's students in grades 9-12 who participate in extracurricular activities, including interscholastic athletics, or who possess school parking permits, for the use of controlled dangerous substances as defined in N.J.S.2C:35-2 and anabolic steroids. The testing shall be conducted by the school physician, school nurse or a physician, laboratory or health care facility designated by the board of education and the cost shall be paid by the board. Any disciplinary action taken against a student who tests positive for drug use or who refuses to consent to testing shall be limited to the student's suspension from or prohibition against participation in extracurricular activities, or revocation of the student's parking permits.

##### **§ 18A:40A-24** Public hearing prior to adoption of drug testing policy. {#sec-18a-40a-24 omnilex-key=us-nj-statutes--title-18a--18A:40A-24}

3. Each board of education shall hold a public hearing prior to the adoption of its drug testing policy. The policy shall be in written form and shall be distributed to students and their parents or guardians at the beginning of each school year. The policy shall include, but need not be limited to, the following:

a. notice that the consent of the student and his parent or guardian for random student drug testing is required for the student to participate in extracurricular activities and to possess a school parking permit;

b. the procedures for collecting and testing specimens;

c. the manner in which students shall be randomly selected for drug testing;

d. the procedures for a student or his parent or guardian to challenge a positive test result;

e. the standards for ensuring the confidentiality of test results;

f. the specific disciplinary action to be imposed upon a student who tests positive for drug use or refuses to consent to testing;

g. the guidelines for the referral of a student who tests positive for drug use to drug counseling or rehabilitative treatment; and

h. the scope of authorized disclosure of test results

##### **§ 18A:40A-25** Rules, regulations. {#sec-18a-40a-25 omnilex-key=us-nj-statutes--title-18a--18A:40A-25}

4. The State Board of Education, in consultation with the Department of Human Services, shall adopt pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the rules and regulations necessary to carry out the provisions of this act.

## **Chapter 41** {#struct-chapter-41}

##### **§ 18A:41-1** Fire, school security drills. {#sec-18a-41-1 omnilex-key=us-nj-statutes--title-18a--18A:41-1}

Every principal of a school of two or more rooms, or of a school of one room when located above the first story of a building, shall have at least one fire drill and one school security drill each month within the school hours, including any summer months during which the school is open for instructional programs. Employees of the school district or receiving school, whether occupying buildings of one or more stories, shall keep all exterior doors and exits locked at all times except when necessary to comply with the requirements set forth in the Uniform Fire Code, including applicable requirements during an emergency lockdown or an emergency lockdown drill. All students and staff shall fully participate in each drill conducted to the greatest extent practicable and, when appropriate, utilize procedures for assisting in the rescue of persons unable to use the general means of egress to ensure that participation does not pose a safety risk. Where school buildings have been provided with fire escapes, they shall be used by a part or all of the pupils performing every fire drill. An actual school security emergency that occurs at a school during the month that includes activities which are the equivalent of a drill shall be considered a school security drill for the purposes of meeting the requirements of this section.

A law enforcement officer shall be present at a minimum of one school security drill in each school year in order to make recommendations on any improvements or changes to school security drill procedures that the officer may deem advisable.

##### **§ 18A:41-2** Fire and smoke doors closed {#sec-18a-41-2 omnilex-key=us-nj-statutes--title-18a--18A:41-2}

Every principal and janitor of a school building having furnace room, hallway, or stair-tower fire or smoke doors shall keep them closed during the time the building is occupied by teachers and pupils.

##### **§ 18A:41-3** Violations; misdemeanors {#sec-18a-41-3 omnilex-key=us-nj-statutes--title-18a--18A:41-3}

Any principal, teacher, or janitor failing to comply with the provisions of this chapter shall be guilty of a misdemeanor, and shall be punishable by a fine of not to exceed $100.00 for each offense

##### **§ 18A:41-4** Posting copies of chapter {#sec-18a-41-4 omnilex-key=us-nj-statutes--title-18a--18A:41-4}

The commissioner shall prepare and have printed in proper form copies of this chapter and cause them to be posted in each school building.

##### **§ 18A:41-5** Notification {#sec-18a-41-5 omnilex-key=us-nj-statutes--title-18a--18A:41-5}

Each school district shall immediately notify the appropriate local fire department of any fire which occurs in a school building or on school property. The local fire department shall forward the data to the bureau of fire safety in the Department of Community Affairs.

##### **§ 18A:41-6** "School security drill" defined. {#sec-18a-41-6 omnilex-key=us-nj-statutes--title-18a--18A:41-6}

1. As used in this act:

"School security drill" means an exercise, other than a fire drill, to practice procedures that respond to an emergency situation including, but not limited to, a bomb threat, non-fire evacuation, lockdown, or active shooter situation and that is similar in duration to a fire drill.

##### **§ 18A:41-7** Provision of training on school safety, security. {#sec-18a-41-7 omnilex-key=us-nj-statutes--title-18a--18A:41-7}

2. a. A local board of education, chief school administrator of a receiving school, and chief school administrator of a nonpublic school shall ensure that all full-time employees in the district, receiving school, or nonpublic school are provided with training on school safety and security that includes instruction on school security drills. The training shall model the training provided by the New Jersey School Safety Specialist Academy established pursuant to section 1 of P.L.2017, c.162 (C.18A:17-43.2), use the drill guide and training materials prepared pursuant to section 3 of P.L.2009, c.178 (C.App.A:9-86), and utilize various formats such as drills, functional exercises, and tabletop exercises. The annual training provided to employees shall be conducted by the district, receiving school, or nonpublic school in consultation with emergency responders, including law enforcement, fire, and emergency medical services personnel, in order to identify weaknesses in school safety and security policies and procedures and to increase the effectiveness of emergency responders.

b. A local board of education, chief school administrator of a receiving school, and chief school administrator of a nonpublic school shall ensure that individuals employed in the school district, receiving school, or nonpublic school in a substitute capacity are provided with information and training on the district's, receiving school's, or nonpublic school's practices and procedures on school safety and security including instruction on school security drills, evacuation procedures, and emergency response protocols in the school district, receiving school, or nonpublic school and the school building where the individuals are employed. In the event that an individual is employed in a substitute capacity in the district, receiving school, or nonpublic school at the time the school safety and security training is being provided to full-time employees pursuant to subsection a. of this section, the district, receiving school, or nonpublic school shall include the individual in the training.

c. A local board of education, chief school administrator of a receiving school, and chief school administrator of a nonpublic school shall provide, to the extent permitted by federal law, to all persons who supervise youth programs that are not sponsored by the school district, receiving school, or nonpublic school, but operate a program in a district, receiving school, or nonpublic school building before or after school hours, on the weekend, or during a period when school is not in session, information on school district, receiving school, or nonpublic school practices and procedures in the event of a school safety or security incident at a school including non-confidential information on evacuation procedures, emergency response protocols, and emergency contact information. The information provided to persons who supervise youth programs pursuant to the provisions of this subsection shall not include student records. It shall be the responsibility of the organization that sponsors the youth program to train the program's employees and volunteers on the school security and emergency procedures in effect in the school building in which the youth program is located. The organization that sponsors the youth program shall file a statement of assurance with the school district superintendent, chief school administrator of the receiving school, or chief school administrator of the nonpublic school that it has complied with the training requirements prior to the district, receiving school, or nonpublic school authorizing the use of the school building. The statement of assurance shall be developed by the Commissioner of Education and shall be filed with the school district, receiving school, or nonpublic school on an annual basis.

d. Any information or training provided pursuant to this section shall address the unique needs of students with disabilities in the event of a fire drill, school security drill, or actual emergency situation. An employee subject to the provisions of subsections a. or b. of this section shall be made aware of any anticipated mobility, sensory, medical, social, communication, emotional, regulatory, and decision-making support needs of students in the care of the employee and any supports, modifications, accommodations, and services to be provided to students, as enumerated in their individualized education programs, individualized health care plans, 504 plans, or service plans pursuant to section 4 of P.L.2023, c.212 (C.18A:46-2.15).

e. As used in this section, "receiving school" means an educational services commission, jointure commission, regional day school, county special services school district, the Marie H. Katzenbach School for the Deaf, approved private school for students with disabilities, and public college-operated programs for students with disabilities.

##### **§ 18A:41-7a** School security drills, procedure. {#sec-18a-41-7a omnilex-key=us-nj-statutes--title-18a--18A:41-7a}

1. a. Notwithstanding any other provision of law to the contrary, a school district shall ensure that a school security drill that occurs when students are present:

(1) includes clear, developmentally and age-appropriate messaging to students and staff at the conclusion of the drill that the event is a drill and that no current danger exists;

(2) does not expose students to content or imaging that is not developmentally or age-appropriate;

(3) is paired with trauma-informed approaches to address any student inquiries or concerns which may arise as a result of a school security drill;

(4) does not include the use of fake blood, real or prop firearms, or the simulations of gun shots, explosions, or other sounds or visuals that may induce panic or a traumatic response from a student or school district employee;

(5) does not require a student to role play as a victim, but may include first aid training in which students participate;

(6) is accessible to students with disabilities and mental health conditions, and provides all necessary accommodations for these students.

b. A school district shall provide written notification to the parent or guardian of a student enrolled in the district following completion of a school security drill, which notice shall be provided to the parent or guardian by no later than the end of the school day on which the school security drill is conducted.

c. A school district may permit emergency personnel access to the buildings and grounds of its schools for school security drills that are scheduled outside of school hours and during such times as students are not present.

d. A school district shall review and update its school security drill procedures using a process that coincides with the review of the school safety and security plan developed pursuant to N.J.A.C.6A:16-5.1 and collects input from emergency personnel, parents and guardians of students enrolled in the district, teachers and staff employed in the district, mental health professionals, and student government representatives from multiple grade levels.

e. A school district shall annually track data on such measures and information as are required by the Commissioner of Education, and shall report the data to the commissioner.

##### **§ 18A:41-7.1** Schools to provide critical incident mapping data to local law enforcement. {#sec-18a-41-7.1 omnilex-key=us-nj-statutes--title-18a--18A:41-7.1}

1. a. Each board of education of a school district, board of trustees of a charter school or renaissance school project, or chief school administrator of a nonpublic school shall provide to local law enforcement authorities critical incident mapping data for all schools and school grounds. In the case of a school building located in a municipality in which there is no municipal police department, critical incident mapping data shall be provided to an entity designated by the Superintendent of State Police. A board of education of a school district, board of trustees of a charter school or renaissance school project, or chief school administrator of a nonpublic school shall provide revised mapping data to the applicable law enforcement authorities or designated entities any time that there is a change to the critical incident mapping data.

b. Critical incident mapping data provided pursuant to subsection a. of this section shall be:

(1) compatible with all platforms and applications used by local, State, and federal law enforcement authorities;

(2) provided in a printable format; and

(3) verified for accuracy through an annual walkthrough of school buildings and school grounds.

c. As used in this section, "critical incident mapping data" means information provided in electronic or digital form to assist first responders in an emergency including, but not limited to:

(1) aerial images of schools;

(2) floor plans, including room and suite numbers;

(3) building access points;

(4) locations of hazardous materials and utility shut-offs; and

(5) any other relevant location information.

d. Nothing in this section shall be construed to require local law enforcement authorities or designated entities to access critical incident mapping data using third party viewing software.

##### **§ 18A:41-8** Establishment of school security position pilot program. {#sec-18a-41-8 omnilex-key=us-nj-statutes--title-18a--18A:41-8}

1. a. The Commissioner of Education shall establish a three-year pilot program that provides for the training and placement of veterans in school security positions available in school districts. The purpose of the pilot program shall be to increase school security by utilizing the skills of veterans.

b. The commissioner, in consultation with the Attorney General, shall establish policies and procedures for the recruitment, selection, and training of veterans eligible to participate in the pilot program, and for matching the selected veterans to school security positions available in school districts. The policies shall evaluate the level of skills, training, experience, fitness, and other qualifications deemed necessary for a veteran to serve in a school security position.

Notwithstanding the provisions of P.L.2004, c.134 (C.45:19A-1 et seq.) or P.L.2005, c.276 (C.52:17B-71.8 et al.) to the contrary, the commissioner may utilize the education and training program for security officers established pursuant to section 5 of the "Security Officer Registration Act," P.L.2004, c.134 (C.45:19A-5) or the training for safe schools resource officers and school liaisons to law enforcement developed pursuant to section 2 of P.L.2005, c.276 (C.52:17B-71.8), to train eligible veterans for school security positions under the pilot program.

c. A school district that wants to participate in the pilot program shall submit an application to the commissioner in such form as required by the commissioner. The school district, as part of the application, shall include information on the security needs of the school district, the number of school security positions at each school, the rate of turnover in these positions, and other information as required by the commissioner.

d. The commissioner shall select up to 12 school districts for participation in the pilot program. The commissioner shall select districts in the northern, central, and southern regions of the State and shall seek a cross section of school districts from urban, suburban, and rural areas of the State. The selected school districts may include, but shall not be limited to, Making Our Schools Safe Districts as designated under the Department of Education's Safer Schools for a Better Tomorrow initiative.

In selecting the pilot school districts, the commissioner shall consider the security needs of the district as reflected in the data reported in the commissioner's annual report on violence, vandalism, and harassment, intimidation, or bullying in the public schools, as required under section 3 of P.L.1982, c.163 (C.18A:17-48).

e. Three years following the establishment of the pilot program, the commissioner shall submit a report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). The report shall contain information on the implementation of the pilot program, the effectiveness of veterans in school security positions, and the recommendations of the commissioner and the Attorney General on the advisability of continuing, expanding, or modifying the program.

##### **§ 18A:41-9** Access to school surveillance equipment by law enforcement authorities. {#sec-18a-41-9 omnilex-key=us-nj-statutes--title-18a--18A:41-9}

1. a. If at least one school building of a school district is equipped with video surveillance equipment that is capable of streaming live video wirelessly to a remote location, the board of education shall enter into a memorandum of understanding with local law enforcement authorities providing the authorities with the capacity to activate the equipment and view live streaming video. The memorandum of understanding shall include, but need not be limited to, the following:

(1) the designation of individuals who shall be authorized to view live streaming video;

(2) the circumstances under which the designated individuals would view live streaming video; and

(3) a detailed plan for preventing and detecting unauthorized access to live streaming video.

b. In the case of a school building that is located in a municipality in which there is no municipal police department, the board shall enter into a memorandum of understanding with an entity designated by the Superintendent of the State Police.

c. In the event that the parties to the memorandum of understanding are unable to reach an agreement regarding any provision required to be included pursuant to subsection a. of this section, the county prosecutor shall make the final determination regarding that provision.

d. A board shall enter into the memorandum of understanding no later than 180 days following the effective date of this act.

e. Nothing in this section shall be construed as to require the installation of video surveillance equipment capable of streaming live video wirelessly to a remote site.

##### **§ 18A:41-9.1** Protocol regarding retention of video footage from school surveillance systems. {#sec-18a-41-9.1 omnilex-key=us-nj-statutes--title-18a--18A:41-9.1}

1. a. No later than six months following the effective date of this act, the Attorney General, in consultation with the Commissioner of Education, shall develop a protocol regarding the retention of video footage from school surveillance systems. Matters to be addressed in the protocol shall include, but need not be limited to, the following: a minimum and maximum amount of time that footage may be retained; measures to be taken to limit access to the footage; and compliance with the "Family Educational Rights and Privacy Act of 1974," (20 U.S.C. s.1232g). The Attorney General shall review the protocol annually and shall revise it as necessary.

b. Nothing in this act shall be construed to require a school district to install a school surveillance system.

##### **§ 18A:41-10** Short title {#sec-18a-41-10 omnilex-key=us-nj-statutes--title-18a--18A:41-10}

1. This act shall be known and may be cited as "Alyssa's Law."

##### **§ 18A:41-11** Equipping public and secondary schools with panic alarms or emergency mechanisms {#sec-18a-41-11 omnilex-key=us-nj-statutes--title-18a--18A:41-11}

2. a. As used in this section:

"Panic alarm" means a silent security system signal generated by the manual activation of a device intended to signal a life-threatening or emergency situation requiring a response from law enforcement.

b. Except as otherwise provided pursuant to subsection e. of this section, each public elementary and secondary school building shall be equipped with at least one panic alarm for use in a school security emergency including, but not limited to, a non-fire evacuation, lockdown, or active shooter situation. The alarm shall be directly linked to local law enforcement authorities or, in the case of a school building located in a municipality in which there is no municipal police department, a location designated by the Superintendent of State Police, and shall immediately transmit a signal or message to such authorities upon activation. The alarm shall not be audible within the school building.

c. Each panic alarm required under this section shall adhere to nationally recognized industry standards, including the standards of the National Fire Protection Association and Underwriters Laboratories.

d. Each panic alarm required under this section shall be installed solely by a person licensed to engage in the alarm business in accordance with the provisions of section 7 of P.L.1997, c.305 (C.45:5A-27).

e. A school district may equip its elementary and secondary school buildings with an emergency mechanism that is an alternative to a panic alarm if the mechanism is approved by the Department of Education.

##### **§ 18A:41-12** Funding of panic alarms or emergency mechanisms {#sec-18a-41-12 omnilex-key=us-nj-statutes--title-18a--18A:41-12}

3. A portion of the proceeds of bonds authorized to be issued to fund school security, upon voter approval of P.L.2018, c.119, shall be used to fund the full cost of the panic alarms required in public elementary and secondary school buildings in any district pursuant to section 2 of this act or alternative emergency mechanisms approved by the department pursuant to that section. A school district that, prior to the effective date of this act, installed a panic alarm or alternative emergency mechanism approved by the department may receive reimbursement for those costs.

##### **§ 18A:41-13** Rules, regulations {#sec-18a-41-13 omnilex-key=us-nj-statutes--title-18a--18A:41-13}

4. The New Jersey Schools Development Authority shall adopt, immediately upon filing with the Office of Administrative Law, rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to establish a program to effectuate the purposes of this act, which regulations shall be effective for a period not to exceed six months and may thereafter be amended, adopted or readopted by the Schools Development Authority in accordance with the requirements of P.L.1968, c.410.

##### **§ 18A:41-14** Annual school safety audit for each school building. {#sec-18a-41-14 omnilex-key=us-nj-statutes--title-18a--18A:41-14}

1. a. A school district and a nonpublic school shall annually conduct a school safety audit for each school building using the checklist developed by the New Jersey Office of Homeland Security and Preparedness in collaboration with the Department of Education pursuant to subsection b. of this section. The school district and the nonpublic school shall submit the completed audit to the New Jersey Office of Homeland Security and Preparedness and the Department of Education. The audits shall be kept confidential and shall not be deemed a public record under P.L.1963, c.73 (C.47:1A-1 et seq.) or the common law concerning access to public records, but may be utilized for the purposes of allocating any State grants or loans made available for the purpose of school facility safety and security upgrades.

b. The New Jersey Office of Homeland Security and Preparedness in collaboration with the Department of Education shall develop a comprehensive checklist of items to be reviewed and evaluated in the school safety audits conducted by school districts and nonpublic schools pursuant to subsection a. of this section. The checklist shall include items to assess the security features and security vulnerabilities of a school district's and nonpublic school's school buildings and grounds. The checklist shall also include items to assess the emergency notification systems used to facilitate notification to parents and other members of the community in the case of school emergencies. The checklist shall be reviewed annually by the New Jersey Office of Homeland Security and Preparedness and the Department of Education and updated as appropriate.

The New Jersey Office of Homeland Security and Preparedness in collaboration with the Department of Education shall provide technical assistance to school districts and nonpublic schools to facilitate the completion of the checklists in a uniform manner.

##### **§ 18A:41-15** Districtwide school safety, security plan, consideration of individualized programs, plans, students with disabilities; communicating needs to third parties. {#sec-18a-41-15 omnilex-key=us-nj-statutes--title-18a--18A:41-15}

5. In developing its districtwide school safety and security plan, a school district and receiving school shall:

a. demonstrate that it has considered the individual needs of each student with a disability, as enumerated in the students' individualized education programs, individualized health care plans, 504 plans, or, in the case of students with disabilities enrolled in nonpublic schools, service plans pursuant to section 4 of P.L.2023, c.212 (C.18A:46-2.15); and

b. incorporate protocols into the districtwide school safety and security plan for communicating the individual needs of each student with a disability, when appropriate and in compliance with the "Family Educational Rights and Privacy Act of 1974," (20 U.S.C. s. 1232g), to third parties including, but not limited to, first responders and emergency management agencies.

c. As used in this section, "receiving school" means an educational services commission, jointure commission, regional day school, county special services school district, the Marie H. Katzenbach School for the Deaf, approved private school for students with disabilities, and public college-operated programs for students with disabilities.

## **Chapter 42** {#struct-chapter-42}

##### **§ 18A:42-1** Safety patrol by pupils {#sec-18a-42-1 omnilex-key=us-nj-statutes--title-18a--18A:42-1}

Any board of education may make rules providing for the organization of school safety patrols in the public schools under its jurisdiction and for the appointment, with the permission of the parents, of pupils as members thereof, for the purpose of influencing and encouraging other pupils to refrain from crossing public highways at points other than at regular crossings, and for the purpose of directing pupils not to cross highways at times when the presence of traffic would render such crossing unsafe. No liability shall attach either to the board of education or any person holding office, position or employment under it, by virtue of the organization, maintenance or operation of a school safety patrol organized, maintained, and operated under the authority of this section.

##### **§ 18A:42-2** School orchestra not to compete with civilian musicians; exceptions {#sec-18a-42-2 omnilex-key=us-nj-statutes--title-18a--18A:42-2}

No music supervisor, music teacher or any person having charge of any band or orchestra connected with a public school of this state shall permit such band or orchestra to play, perform or furnish music as a school band or orchestra at any function in competition with civilian musicians. Excepted herefrom are functions connected with such public school and functions which shall be of a patriotic nature.

##### **§ 18A:42-3** Collection and deposit of savings of pupils {#sec-18a-42-3 omnilex-key=us-nj-statutes--title-18a--18A:42-3}

In order to encourage the habit of saving among the pupils in schools, the principal or superintendent of any public school, or any person designated for that purpose by the board of education or other school authority under which the school shall be, may collect once a week, or from time to time, small amounts of savings from the pupils of the school, to be deposited by the principal, superintendent, or designated person promptly upon collection in any financial institution having its principal office in New Jersey, whose accounts or deposits are insured or guaranteed by any corporation created or organized under the laws of the United States, which corporation is an instrumentality of the United States or of any successor corporation having for its purpose the insurance of deposits or accounts.

These moneys shall be placed to the credit of the respective pupils for whom the money has been collected, or if the amount collected at any one time is deemed insufficient for the opening of individual accounts, in the name of the principal, superintendent, or designated person, in trust, and to be by him eventually transferred to the credit of the respective pupils to whom the same belongs. In the meantime, the principal, superintendent, or designated person shall furnish to the financial institution a list giving the names, signatures, addresses, ages, places of birth, parents' names, and such other data concerning the respective pupils as the financial institution may require.

The words "system of school savings" or "school savings" may be used in circulars, reports, and other printed or written matter used in connection with this section.

##### **§ 18A:42-4** Distribution of literature as to candidacy, bond issues, or other public question to be submitted at election; prohibited {#sec-18a-42-4 omnilex-key=us-nj-statutes--title-18a--18A:42-4}

No literature which in any manner and in any part thereof promotes, favors or opposes the candidacy of any candidate for election at any annual school election, or the adoption of any bond issue, proposal, or any public question submitted at any general, municipal or school election shall be given to any public school pupil in any public school building or on the grounds thereof for the purpose of having such pupil take the same to his home or distribute it to any person outside of said building or grounds, nor shall any pupil be requested or directed by any official or employee of the public schools to engage in any activity which tends to promote, favor or oppose any such candidacy, bond issue, proposal, or public question. The board of education of each school district shall prescribe necessary rules to carry out the purposes of this section.

##### **§ 18A:42-5** Certain student organizations declared harmful {#sec-18a-42-5 omnilex-key=us-nj-statutes--title-18a--18A:42-5}

Every fraternity, sorority, secret society or organization composed in whole or in part of public school pupils, which seeks to organize and perpetuate itself by taking in members from among the pupils enrolled in such school in which they are students, upon the basis of decision of the membership of such organization, rather than from the free choice of any pupils in such school who are otherwise qualified to fill the special aims of such organization, is hereby declared to be an organization inimical to the good of the school system and to the democratic principles and ideals of public education and to the public good.

##### **§ 18A:42-6** Organizations forbidden in high schools; rules; exceptions {#sec-18a-42-6 omnilex-key=us-nj-statutes--title-18a--18A:42-6}

No such fraternity, sorority, society or organization shall be formed or maintained in any public high school, and the board of education of every school district shall adopt rules providing for the necessary disciplinary measures to enforce this section.

This section shall not apply to any state college.

##### **§ 18A:42-7** Participants in certain interscholastic extracurricular activities may earn varsity letter. {#sec-18a-42-7 omnilex-key=us-nj-statutes--title-18a--18A:42-7}

1. a. A school district that includes any of the grades 9 through 12 shall adopt a policy to provide that a student enrolled in those grades who participates in any school-sponsored, interscholastic extracurricular activity that includes competitions in which the student competes against students enrolled in schools outside of the district may be eligible to earn a varsity letter awarded by the district.

b. Nothing in this act shall be construed to require a school district to award a varsity letter or to establish any school-sponsored, interscholastic extracurricular activity.

## **Chapter 43** {#struct-chapter-43}

##### **§ 18A:43-1** Accident insurance for pupils authorized {#sec-18a-43-1 omnilex-key=us-nj-statutes--title-18a--18A:43-1}

The board of education in any school district may arrange for and maintain, and may pay the premiums for policies of accident insurance with any insurance company created by or under the laws of this State or authorized by law to transact business in this State, to provide for payments to pupils of the school district in connection with loss resulting from bodily injury sustained by such pupils through accidental means while participating in, practicing or training for, or during transportation to or from games or contests conducted by the school district, or by any school of the district, or with the consent of the board of education or of the school and under the supervision of an employee of the board of education, and for payments to pupils injured in connection either with the conduct of the regular curricular and extra-curricular programs of the district or with student travel to and from the places where such programs are conducted and which travel is made necessary by such programs.

##### **§ 18A:43-2** Payment by pupils of proportionate share of premiums {#sec-18a-43-2 omnilex-key=us-nj-statutes--title-18a--18A:43-2}

A board of education maintaining such accident insurance for the benefit of its pupils may require the payment to the board of education by pupils, to whom the benefit of such insurance is extended, of a proportionate share of the premiums or any part thereof. The sums to be paid by the pupils shall be established by a schedule determined by the board of education, but no pupil electing not to participate in the accident insurance coverage, shall be required to make any payment toward the cost of the premiums therefor.

##### **§ 18A:43-3** No liability imposed on board of education {#sec-18a-43-3 omnilex-key=us-nj-statutes--title-18a--18A:43-3}

The provisions of this chapter shall not be construed to impose any liability on the part of a board of education for injury sustained by a pupil as a result of or in connection with any of the games or contests hereinabove mentioned, or as a result of or in connection with the conduct of the physical education program of the school district or of any school of the district.

## **Chapter 43A** {#struct-chapter-43a}

##### **§ 18A:43A-1** Children's bureau {#sec-18a-43a-1 omnilex-key=us-nj-statutes--title-18a--18A:43A-1}

The board of education of any school district including any regional school district, by resolution, may provide for the establishment of a children's bureau for the district.

##### **§ 18A:43A-2** Director {#sec-18a-43a-2 omnilex-key=us-nj-statutes--title-18a--18A:43A-2}

Every children's bureau so established shall be under the immediate supervision of a director to be appointed by the board of education of the district and who shall be a person qualified by training and experience to direct the work of such bureau.

##### **§ 18A:43A-3** Staffing and assignment of personnel {#sec-18a-43a-3 omnilex-key=us-nj-statutes--title-18a--18A:43A-3}

The board of education shall provide for the operation of the bureau, for the payment of its expenses, for the staffing and assignment of personnel to the bureau including provision for the services of a social welfare caseworker or caseworkers and such other professional personnel as may be required by the bureau. Except as provided in section 18A:43A-8, the board may fix the compensation of the employees of the bureau including the director, assign duties and regulate the terms and conditions of all such employments.

##### **§ 18A:43A-4** Function {#sec-18a-43a-4 omnilex-key=us-nj-statutes--title-18a--18A:43A-4}

It shall be the function of any children's bureau so established, to coordinate the various student supervisory and counseling programs of the school district; and to cooperate with, and seek the cooperation of, state, county and municipal authorities and public or private social welfare and recreational agencies to assist in the solution of juvenile problems generally and in providing those services recognized as basic to the team approach in solving problems of individuals in their relations to others and to their environment.

##### **§ 18A:43A-5** Services that may be provided or administered. {#sec-18a-43a-5 omnilex-key=us-nj-statutes--title-18a--18A:43A-5}

The bureau may, subject to the approval of the board of education, provide for or administer any or all of the following services:

(a) Take, keep and maintain a census of all children residing in the district pursuant to the provisions of N.J.S.18A:11-2;

(b) Supervise and maintain a school attendance service to carry out the provisions of article 3 of chapter 38 of this title, Compulsory Education;

(c) Maintain a register and classification of children with disabilities pursuant to the provisions of chapter 46 of this title;

(d) Supervise the issuance of employment certificates, age certificates and special permits pursuant to the provisions of P.L.1940, c.153 (C.34:2-21.1 et seq.), the law limiting and regulating child labor;

(e) Establish and maintain group and individual child guidance and counseling programs;

(f) Establish and operate speech and remedial reading clinics and such other clinics as will promote the educational development of the children of the district;

(g) Arrange with the respective county and municipal authorities concerned with proper juvenile development and particularly with those concerned with juvenile delinquency for mutual cooperation and assistance including service of the children's bureau as a receiving center for juvenile delinquents;

(h) Carry out, under guidance, the recommendations of mental health and diagnostic centers and clinics and of family psychiatrists and physicians;

(i) Counsel with parent and child;

(j) Cooperate in providing long- or short-term supervision of any child in connection with any of the services authorized by this section;

(k) Assist in the promotion of the development of youth and their proper adjustment in society.

##### **§ 18A:43A-6** Cooperation by other services and civil authorities {#sec-18a-43a-6 omnilex-key=us-nj-statutes--title-18a--18A:43A-6}

In connection with any of the functions or services authorized by this chapter, the bureau shall cooperate with and receive the cooperation of, the medical inspector, nurse, psychological examiner or any approved clinic or agency providing psychological or psychiatric services to the district, the teachers, guidance counsellor, attendance officer, and all other personnel of the district as may be of assistance to the bureau in the performance of its authorized functions or services under this chapter. In addition the bureau is authorized to cooperate with and seek the cooperation of state, county and municipal authorities and public or private social welfare and recreational agencies.

##### **§ 18A:43A-7** Cooperation by county and municipal government {#sec-18a-43a-7 omnilex-key=us-nj-statutes--title-18a--18A:43A-7}

The board of chosen freeholders of any county in which the board of education of any district therein has established a children's bureau pursuant to this chapter and the governing body of the municipality or municipalities of which such district is comprised is authorized and empowered to cooperate with and assist any such children's bureau in the performance of any of its functions or services authorized by this chapter and any such board of chosen freeholders or governing body may authorize the assignment of any county or municipal employee, including members of the municipal police department, subject to the approval of the director of such children's bureau, to serve with such children's bureau and under the direction of the director thereof.

##### **§ 18A:43A-8** Employee to retain rights {#sec-18a-43a-8 omnilex-key=us-nj-statutes--title-18a--18A:43A-8}

Any such county or municipal employee, including members of the municipal police department, so assigned to serve with the children's bureau of a school district shall continue as an employee or member of, and be compensated by, the respective department or division from which he was assigned, and shall retain all his pension, tenure and other rights as an employee or member thereof.

##### **§ 18A:43A-9** Extension of service to other districts; contract {#sec-18a-43a-9 omnilex-key=us-nj-statutes--title-18a--18A:43A-9}

Any board of education, which has established a children's bureau, and the board of education of any other school district may, pursuant to resolutions duly adopted, contract for the extension of the services of such bureau to such other district, upon such terms as may be determined upon between them and in any such case the bureau shall be operated for the benefit of both such school districts, pursuant to such contract.

##### **§ 18A:43A-10** Empowers previously formed bureaus {#sec-18a-43a-10 omnilex-key=us-nj-statutes--title-18a--18A:43A-10}

Any children's bureau heretofore established in any school district and which has been and is performing any of the functions or services authorized by this chapter shall have all the powers conferred upon children's bureaus by this chapter in the same manner as though such bureau was established pursuant to this chapter.

## **Chapter 44** {#struct-chapter-44}

##### **§ 18A:44-1** Establishment of preschool {#sec-18a-44-1 omnilex-key=us-nj-statutes--title-18a--18A:44-1}

The board of education of any district may establish a preschool school or department in any school under its control, and shall admit to such preschool school or department any child who is under the age at which children are admitted to other schools or classes in such district.

##### **§ 18A:44-2** Establishment of kindergarten. {#sec-18a-44-2 omnilex-key=us-nj-statutes--title-18a--18A:44-2}

a. The board of education of a district serving elementary grades shall establish a kindergarten school or kindergarten department, which in order to receive State aid shall be a one-year program in advance of or in preparation for entrance to first grade, in any school under its control, and shall admit to the kindergarten school or department any child over the age of five and under the age of six years as of October 1 of that school year who is a resident of the district, but a board of education may, in its discretion, admit any student who turns five after this date if they meet entrance requirements as may be established by the rules and regulations of the board through a board approved policy.

b. A kindergarten school or kindergarten department established by a board of education shall provide a full-day kindergarten program no later than the beginning of the 2029-2030 school year, provided, however, that a district not providing a full-day kindergarten program prior to the effective date of P.L.2025, c.100 (C.18A:44-7 et al.) may satisfy the requirements of this subsection by entering a sending-receiving relationship with a kindergarten school or kindergarten department established by the board of education of an adjacent school district. The tuition of students attending a kindergarten school or kindergarten department in another district in accordance with a sending-receive agreement shall be determined in accordance with N.J.S.18A:38-19. Attendance at a kindergarten school or kindergarten department shall be free in accordance with the requirements of N.J.S.18A:38-1.

##### **§ 18A:44-3** Nursery school and kindergarten school teachers; special certificates {#sec-18a-44-3 omnilex-key=us-nj-statutes--title-18a--18A:44-3}

Every teacher in a nursery school or department and every teacher in a kindergarten school or department shall hold an appropriate certificate, which shall be issued by the state board of examiners at the request of the board of education of the district in which such school or department is situate or by the board of examiners of the city in which he is teaching, if there is such a board.

##### **§ 18A:44-4** Expenses; how paid. {#sec-18a-44-4 omnilex-key=us-nj-statutes--title-18a--18A:44-4}

a. Except as otherwise provided pursuant to subsection b. of this section, the expenses of preschool schools or departments and of kindergarten schools or departments shall be paid out of any moneys available for the general fund expenses of the schools, and in the same manner and under the same restrictions as the expenses of other schools or departments are paid, except when wholly or partly subsidized by restricted funding sources or restricted endowments.

b. A district may collect tuition from the parents or guardians of students enrolled in a preschool school or department for whom the district does not receive preschool education aid pursuant to section 12 of P.L.2007, c.260 (C.18A:7F-54). The amount of tuition may not exceed the per pupil cost of the preschool program.

##### **§ 18A:44-6** Division of Early Childhood Education. {#sec-18a-44-6 omnilex-key=us-nj-statutes--title-18a--18A:44-6}

2. a. There is established a Division of Early Childhood Education in the Department of Education. The administrator and head of the division shall be a person qualified by training and experience to perform the duties of the division and shall devote his entire time to the performance of those duties.

b. The division shall be responsible for:

(1) setting required standards for early childhood education programs in districts that operate preschool programs for three- and four-year olds that emphasize the quality necessary to meet children's needs, including, but not limited to, standards for teacher qualifications, program design and facilities;

(2) identifying and disseminating information on model early childhood education programs that meet and exceed high standards for program quality;

(3) the coordination of early childhood programs and services in consultation with the Department of Human Services;

(4) identifying the amount of funds necessary to implement successful early childhood education programs based on a comprehensive needs assessment;

(5) providing assistance, as needed, to school districts in implementing early childhood education programs;

(6) implementing the early childhood education orders of the New Jersey Supreme Court;

(7) overseeing the evaluation and monitoring of early childhood education programs in districts that operate preschool programs for three- and four-year olds; and

(8) providing, in consultation with the Department of Human Services, an annual report to the Legislature and public on early childhood education.

##### **§ 18A:44-7** Short title. {#sec-18a-44-7 omnilex-key=us-nj-statutes--title-18a--18A:44-7}

1. Sections 1 and 2 and 6 through 11 of this act shall be known and may be cited as the "New Jersey Universal Preschool and Kindergarten Act."

##### **§ 18A:44-8** Findings, declarations. {#sec-18a-44-8 omnilex-key=us-nj-statutes--title-18a--18A:44-8}

2. The Legislature finds and declares that:

a. Research is clear that high-quality preschool can change the educational trajectories of young children, particularly economically disadvantaged children and multilingual learners. Improvements in literacy, numeracy, social-emotional and self-regulatory development, and lifetime earnings have been demonstrated among individuals who attend high-quality preschool compared to their peers.

b. New Jersey leads the nation in expanding access to high-quality preschool opportunities. The State has achieved a unique and world-class combination of significant financial investment and rigorous quality standards. New Jersey State-funded preschools are required to serve three- and four-year olds in full-day programs featuring small class sizes led by quality instructors with ample curriculum support, professional development, and accommodations for students with special needs. New Jersey's State spending on preschool is among the highest in the country, with clear, significant impacts on our public school system: tens of thousands of three- and four-year olds in hundreds of communities around the State attend transformative high-quality early education programs.

c. District-operated preschool programs, licensed childcare centers, and Head Start programs form an interrelated and interdependent early childhood ecosystem. Each component is made stronger by the other, and the system is greater and more impactful than the sum of its parts. No component can reach its full potential without the facilities, staff, resources, and expertise of the others. Together, the system represents a continuum of education and care services from birth through age five necessary not only for children to realize their full life potential, but for families to participate fully in economic and civic society. To lift up this system is a moral and economic imperative.

d. To build on the State's preschool expansion progress to date and to realize the full benefits of high-quality preschool, it is fitting and proper for the State to enshrine certain policies and values in State law, including:

(1) providing sustainable, annual financial support for expanding access to high-quality preschool;

(2) codifying preschool education aid provisions previously implemented through language in various annual appropriations acts and harmonizing New Jersey law accordingly;

(3) prioritizing expansion for economically disadvantaged families and communities;

(4) requiring State-funded preschool programs to make every effort to partner with local ready, willing, and able licensed childcare providers and Head Start programs; and

(5) conducting ongoing evaluations of the State's approach to early childhood and preschool education to ensure that policy continues to reflect stakeholder expertise and evolving research.

e. In addition to high-quality preschool education, full-day kindergarten is necessary not only to unlock a child's full learning potential, but to facilitate a smooth transition from high-quality preschool into elementary programs.

##### **§ 18A:44-9** Universal Preschool Implementation Steering Committee. {#sec-18a-44-9 omnilex-key=us-nj-statutes--title-18a--18A:44-9}

9. a. There is established in the Department of Education a Universal Preschool Implementation Steering Committee. The members of the committee shall be as follows:

(1) the Commissioner of Education, or a designee;

(2) the Commissioner of Children and Families, or a designee;

(3) the Commissioner of Human Services, or a designee;

(4) the Commissioner of Labor and Workforce Development, or a designee;

(5) the Commissioner of Health, or a designee;

(6) the Chief Executive Officer of the New Jersey Economic Development Authority, or a designee;

(7) one member appointed by the President of the Senate, who shall be an employee of the Legislature; and

(8) one member appointed by the Speaker of the General Assembly, who shall be an employee of the Legislature.

b. The duties of the committee shall be as follows:

(1) recommending to the Governor and Legislature a funding methodology for preschool costs to be implemented for all school districts beginning in the 2028-2029 school year, which may include proposing a Preschool Adequacy Budget and preschool education aid formula modeled after the calculation of equalization aid pursuant to section 11 of P.L.2007, c.260 (C.18A:7F-53);

(2) evaluating the pilot program established pursuant to subsection h. of section 12 of P.L.2007, c.260 (C.18A:7F-54) for school districts that first receive preschool education aid in the 2025-2026, 2026-2027, and 2027-2028 school years;

(3) proposing methods to incentivize school districts to pursue mixed delivery partnerships with licensed child care providers and Head Start programs;

(4) proposing optional methods for school districts to establish centralized enrollment systems that prioritize family choice first in determining a preschool student's placement setting;

(5) analyzing whether providing an adjustment to school districts' tax levy growth limitation related to preschool costs is necessary or beneficial to the State's preschool expansion efforts; and

(6) recommending any appropriate means by which the State can seek to strengthen and expand the preschool workforce.

c. The steering committee shall convene one or more local subcommittees to solicit input from local practitioners to facilitate completion of the requirements set forth in subsection b. of this section.

d. The steering committee shall organize within 90 days of the effective date of P.L.2025, c.100 (C.18A:44-7 et al.).

##### **§ 18A:44-10** Mixed Delivery Model Preschool Handbook. {#sec-18a-44-10 omnilex-key=us-nj-statutes--title-18a--18A:44-10}

10. The Department of Education, in consultation with the Department of Children and Families, shall develop and periodically update a Mixed Delivery Model Preschool Handbook to compile all State requirements and associated guidance documents, organized by topic, deemed relevant by the Commissioner of Education. The topics addressed in the handbook shall include, but not be limited to:

a. funding and staffing requirements;

b. school district and licensed child care provider program administration;

c. eligibility, recruitment, and enrollment;

d. family engagement;

e. curriculum;

f. child assessments;

g. classroom assessments and program evaluation;

h. optional strategies for school districts to establish centralized enrollment systems that prioritize family choice first in determining a preschool student's placement setting; and

i. strategies for supporting contracted licensed child care providers in maintaining access to infant and toddler care.

##### **§ 18A:44-11** Preschool education aid recipients, requirements. {#sec-18a-44-11 omnilex-key=us-nj-statutes--title-18a--18A:44-11}

7. a. A school district that receives preschool education aid pursuant to section 12 of P.L.2007, c.260 (C.18A:7F-54) shall:

(1) demonstrate due diligence to partner with all ready, willing, and able licensed child care providers and Head Start programs in the immediate and neighboring communities; and

(2) submit to the Department of Education an annual program plan detailing the status of the district's preschool program implementation. The plan shall include information specified by the commissioner, including, but not limited to:

(a) the district's comprehensive curriculum;

(b) protocol for how students' families can access community services, including services offered by licensed child care providers and Head Start programs;

(c) a description of how the district conducts outreach to families to determine individual family needs, advocate on their behalf, and obtain appropriate community services; and

(d) a description of how the district identifies and recruits families of at-risk pupils and other hard-to-reach populations and subsequently ensures these children receive priority placement in the preschool program.

b. A school district that receives preschool education aid pursuant to section 12 of P.L.2007, c.260 (C.18A:7F-54) shall participate in a system of self-assessment for continuous quality improvement approved by the Department of Education to inform the school district of the status of its preschool program implementation. The system shall identify program areas in need of improvement based on a self-assessment and shall include a validation visit by a State team at least once every three years. The department may, based on the results of a district's self-assessment and the validation visit, require the district to complete an improvement plan. The improvement plan shall include a detailed explanation and timeline of the steps the district will take to improve areas identified for improvement.

##### **§ 18A:44-12** Report to Legislature. {#sec-18a-44-12 omnilex-key=us-nj-statutes--title-18a--18A:44-12}

8. The Department of Education, the Department of Children and Families, and the Department of Human Services shall, in consultation with school districts, licensed child care providers, Head Start program providers, and other stakeholders identified by the Commissioner of Education, submit a report to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) no later than March 1 next following the date of enactment of P.L.2025, c.100 (C.18A:44-7 et al.) and each March 1 annually thereafter on the status of preschool education in the State and the efficacy of the mixed delivery method of preschool education. The Department of Education may utilize up to $250,000 of any appropriation for preschool education aid to contract temporary staff to assist with the preparation of the report issued pursuant to this section.

## **Chapter 45** {#struct-chapter-45}

##### **§ 18A:45-1** Establishment of secondary schools and junior high schools {#sec-18a-45-1 omnilex-key=us-nj-statutes--title-18a--18A:45-1}

The board of education of any school district may, with the consent of the state board, establish and organize secondary schools including junior high schools which shall be subject to rules prescribed by the state board and the state board may withhold or withdraw its approval of any such school whenever in its opinion the academic work, location or enrollment and per capita cost of maintenance thereof shall not warrant its establishment or continuance.

## **Chapter 46** {#struct-chapter-46}

##### **§ 18A:46-1** Definitions. {#sec-18a-46-1 omnilex-key=us-nj-statutes--title-18a--18A:46-1}

As used in this chapter, a child with a disability shall mean and include any child who has: an intellectual disability, a visual impairment, an auditory impairment, a communication impairment, a neurological or perceptual impairment, an orthopedic impairment, a chronic illness, an emotional disturbance impairment, multiple disabilities, autism spectrum disorder, a traumatic brain injury, other health impairments, a specific learning disability, or is deaf-blind, or a pre-schooler with a disability.

##### **§ 18A:46-1.1** Burden of proof, production on school district relative to special education due process hearings. {#sec-18a-46-1.1 omnilex-key=us-nj-statutes--title-18a--18A:46-1.1}

1. Whenever a due process hearing is held pursuant to the provisions of the "Individuals with Disabilities Education Act," 20 U.S.C. s.1400 et seq., chapter 46 of Title 18A of the New Jersey Statutes, or regulations promulgated thereto, regarding the identification, evaluation, reevaluation, classification, educational placement, the provision of a free, appropriate public education, or disciplinary action, of a child with a disability, the school district shall have the burden of proof and the burden of production.

##### **§ 18A:46-1.2** Database relative to legal decisions concerning special education to be available on website. {#sec-18a-46-1.2 omnilex-key=us-nj-statutes--title-18a--18A:46-1.2}

1. a. The Department of Education shall make available on its website an electronic database of legal decisions concerning special education in New Jersey. The purpose of the database shall be to provide parents, school districts, child study team members, and other interested members of the public with easily accessible information on legal decisions regarding New Jersey special education matters.

b. The database shall contain a full-text copy of each written decision rendered by the New Jersey Office of Administrative Law in a special education due process hearing, and, if the decision is appealed, any subsequent decision on the matter rendered by a court of the State of New Jersey or a federal court. The database shall include each special education decision rendered after the effective date of this act.

c. The department may meet the requirements of this section by maintaining the database directly on its website or by entering into a memorandum of understanding with another entity or organization that maintains an electronic database of the legal decisions, provided that the database is easily accessible to the general public and the department's website contains a link to the database or information on how to access and use the database.

##### **§ 18A:46-1.3** Due process hearing request, filing deadline. {#sec-18a-46-1.3 omnilex-key=us-nj-statutes--title-18a--18A:46-1.3}

1. a. Notwithstanding the provisions of the "Individuals with Disabilities Education Act," 20 U.S.C. s.1400 et seq., chapter 46 of Title 18A of the New Jersey Statutes, regulations promulgated thereto, and any other law, rule, or regulation to the contrary, a request for a due process hearing made by a parent, guardian, or local educational agency regarding the identification, evaluation, educational placement, or the provision of a free and appropriate public education of a child with a disability during a COVID-19 school closure or a period of virtual, remote, hybrid, or in-person instruction accruing between March 18, 2020 and September 1, 2021 may be filed at any time prior to September 1, 2023.

b. A local educational agency shall, not later than December 31, 2022, or earlier if requested by a parent or guardian, hold an Individualized Education Program (IEP) team meeting to discuss the need for compensatory education and services for every student with a disability who had an IEP at any time between March 18, 2020 and September 1, 2021. Notification of the IEP meeting shall indicate that a purpose of the meeting is to discuss the need for compensatory education and services for the period from March 18, 2020 to September 1, 2021. Following the meeting, written notice shall be provided to a parent or guardian in accordance with N.J.A.C.6A:14-1.1 et seq. and shall indicate all determinations made by the IEP team with respect to the need for and, if applicable, the provision of, compensatory education and services. All compensatory education and services deemed appropriate by the IEP team, including their frequency, duration, location, and agreed upon time period for delivery, shall be documented in an IEP in accordance with the provisions of N.J.A.C.6A:14-1.1 et seq. and provided as indicated therein. A parent or guardian may file for a due process hearing at any time, up to and including September 1, 2023, to challenge the determinations of the IEP team if the parent or guardian disagrees with the determinations.

c. If a local educational agency has held an IEP team meeting prior to the effective date of this act and discussed the need for compensatory education and services for a student with a disability who had an IEP at any time between March 18, 2020 and September 1, 2021, and documented the IEP team's determinations pursuant to subsection b. of this section, the local educational agency shall not be required to hold an additional IEP meeting for purposes of this section unless agreed to by a parent or guardian and the local educational agency. A parent or guardian may file for a due process hearing at any time, up to and including September 1, 2023, to challenge the determinations of the IEP team.

d. If a parent or guardian filed for mediation or a due process hearing with respect to the need for compensatory education and services for a student with a disability who had an IEP at any time between March 18, 2020 and September 1, 2021, and the matter was resolved as a result of the mediation or a settlement agreement executed by the parties or a judicial or administrative order, then the parent or guardian shall be barred from filing the same claims for the same time period addressed in the prior filing.

e. The provisions of this section shall not apply to any student subject to the provisions of P.L.2021, c.109 (C.18A:46-6.3), and all claims for compensatory or additional services for the time period from March 18, 2020 through September 1, 2021 for students subject to the provisions of P.L.2021, c.109 (C.18A:46-6.3) shall be addressed pursuant to the provisions of P.L.2021, c.109 (C.18A:46-6.3).

##### **§ 18A:46-1.4** Written statement regarding review of Individualized Education Program. {#sec-18a-46-1.4 omnilex-key=us-nj-statutes--title-18a--18A:46-1.4}

1. a. Not less than two business days prior to the annual team meeting concerning the review of an Individualized Education Program (IEP) for a special education student, the public school shall provide the student's parent or guardian with a written statement of items to be discussed at the meeting. The written statement of items shall be delivered to the parent or guardian by regular mail and, if the school maintains the parent's or guardian's email address on file, by electronic mail.

b. The written statement of items required pursuant to subsection a. of this section shall include:

(1) the student's current levels of academic and functional performance;

(2) a list of the names of any required IEP team members who are seeking excusal from participation in the IEP team meeting, accompanied by any excused IEP team member's input with respect to the programs and services for which the member is responsible. The list provided pursuant to this subsection shall be in addition to any requests for consent for excusal that are included with the notice of the IEP team meeting date and participants that is provided in accordance with federal and State law and regulation; and

(3) an invitation for the parent or guardian to provide input and feedback as to the programs and services proposed in the student's IEP.

##### **§ 18A:46-2** Coordination, administration of special educational services. {#sec-18a-46-2 omnilex-key=us-nj-statutes--title-18a--18A:46-2}

The commissioner shall be responsible for the coordination of the work of the county departments of child study and the general administration of special educational services in the public schools of this State.

In order to carry out the provisions of this chapter, the commissioner shall appoint staff persons qualified to administer educational services in the general field of education for children with disabilities pursuant to N.J.S.18A:46-1, including each of the disability groups identified in N.J.S.18A:46-1, and a consultant experienced in child psychiatry, and specialists in school psychology, health service, school social work, learning disabilities and special education and such other qualified personnel as the commissioner shall deem necessary and the commissioner shall fix their compensation with the approval of the State board.

The commissioner shall appoint biannually an advisory council with the approval of the State board which will consist of not less than seven nor more than 15 members representative of public and private professional and lay interests. The advisory council shall advise in the promulgation of rules, regulations, and the implementation of this chapter and the establishment of standards and qualifications for the professional personnel. The council shall serve without remuneration.

##### **§ 18A:46-2.1** Legislative findings {#sec-18a-46-2.1 omnilex-key=us-nj-statutes--title-18a--18A:46-2.1}

The Legislature finds that impaired hearing can greatly handicap a child's ability to acquire language and develop speech. This can have a profoundly negative effect, not only on the child's intellectual development, but on his emotional and social development as well. The Legislature further finds that in order to safeguard the well-being of those children in this State with significant hearing loss it is of the utmost importance that they be provided with adequate educational services. This bill attempts to insure that the educational needs of all hearing impaired children are met by establishing within the Department of Education the position of coordinator of deaf education.

##### **§ 18A:46-2.2** Coordinator for persons who are deaf or have a hearing impairment. {#sec-18a-46-2.2 omnilex-key=us-nj-statutes--title-18a--18A:46-2.2}

2. The Commissioner of Education shall appoint a coordinator of education for persons who are deaf or have a hearing impairment.

##### **§ 18A:46-2.3** Duties. {#sec-18a-46-2.3 omnilex-key=us-nj-statutes--title-18a--18A:46-2.3}

3. The duties of the coordinator of education for persons who are deaf or have a hearing impairment shall include evaluating, coordinating and developing local, county, regional, and State-operated educational programs and services for children who are deaf or have a hearing impairment.

##### **§ 18A:46-2.4** Office of the Special Education Ombudsman. {#sec-18a-46-2.4 omnilex-key=us-nj-statutes--title-18a--18A:46-2.4}

1. a. There is established in the Department of Education the Office of the Special Education Ombudsman. The purpose of the ombudsman is to serve as a resource to provide information and support to parents, students, and educators regarding special education rights and services.

b. The Commissioner of Education shall appoint a Special Education Ombudsman, who shall be qualified by training and experience to perform the duties of the office. The ombudsman shall be a person of recognized judgment, integrity, and objectivity, and shall be skilled in communication, conflict resolution, and professionalism.

c. The ombudsman shall organize and direct the work of the office, including the work of such professional and clerical staff as may be necessary to carry out the ombudsman's duties.

##### **§ 18A:46-2.5** Duties. {#sec-18a-46-2.5 omnilex-key=us-nj-statutes--title-18a--18A:46-2.5}

2. a. The duties of the Special Education Ombudsman shall include, but need not be limited to, the following:

(1) to serve as a source of information for parents, students, educators, and interested members of the public to help them better understand State and federal laws and regulations governing special education;

(2) to provide information and support to parents of students with disabilities in navigating and understanding the process for obtaining special education evaluations and services;

(3) to provide information and communication strategies to parents and school districts for resolving a disagreement regarding the identification, evaluation, classification, placement, provision of a free, appropriate public education, or disciplinary action, of a student with a disability; and to educate parents on the available options for resolving such disputes, including due process hearings, mediation, and other alternative dispute resolution processes;

(4) to work neutrally and objectively with all parties to help ensure that a fair process is followed and that the special education system functions equitably and as intended;

(5) to identify any patterns of complaints that emerge regarding special education rights and services, and to recommend strategies for improvement to the Department of Education;

(6) to assist the Department of Education in creating public information programs designed to acquaint and educate parents and the public about the ombudsman's duties; and

(7) to serve as a resource for disability-related information and referrals to other available programs and services for individuals with disabilities, including early intervention and transition to adult life.

b. The ombudsman shall treat communications received in the course of his duties, including personally identifiable information regarding students, parents, and others from whom information is acquired, as confidential, except when disclosure is necessary to enable the ombudsman to perform the duties of the office and consent for disclosure is obtained. Upon receipt of information that by law is confidential or privileged, the ombudsman shall maintain the confidentiality of such information and shall not disclose or disseminate the information except as provided by applicable State or federal law.

##### **§ 18A:46-2.6** Annual report. {#sec-18a-46-2.6 omnilex-key=us-nj-statutes--title-18a--18A:46-2.6}

3. The Special Education Ombudsman shall make an annual report to the State Board of Education and the Commissioner of Education, which includes a summary of the services the ombudsman provided during the year, and any specific recommendations the ombudsman deems appropriate and necessary concerning the State's implementation of special education procedures and services.

##### **§ 18A:46-2.7** Short title. {#sec-18a-46-2.7 omnilex-key=us-nj-statutes--title-18a--18A:46-2.7}

1. This act shall be known and may be cited as the "Deaf Student's Bill of Rights Act."

##### **§ 18A:46-2.8** "Deaf Student's Bill of Rights." {#sec-18a-46-2.8 omnilex-key=us-nj-statutes--title-18a--18A:46-2.8}

2. The Legislature recognizes that children who are deaf, hard of hearing, or deaf-blind who utilize one or more modes of communication have the same rights and potential as children who are not deaf, hard of hearing, or deaf-blind. Therefore, the Legislature recognizes the following "Deaf Student's Bill of Rights."

a. School districts shall provide children who are deaf, hard of hearing, or deaf-blind appropriate screening and assessment of hearing and vision capabilities and communication and language needs at the earliest possible age and the continuation of screening and evaluation services throughout the educational experience.

b. School districts shall provide children who are deaf, hard of hearing, or deaf-blind with individualized and appropriate early intervention to support the acquisition of solid language bases developed at the earliest possible age.

c. School districts shall inform the parents or guardians of children who are deaf, hard of hearing, or deaf-blind of all placement considerations, including the Marie H. Katzenbach School for the Deaf, and options available to children who are deaf, hard of hearing, or deaf-blind and provide opportunities for parents and guardians to fully participate in the development and implementation of their child's education plan.

d. School districts shall strive to provide children who are deaf, hard of hearing, or deaf-blind opportunities to meet and associate with adult role models who are deaf, hard of hearing, or deaf-blind and who utilize varied communication modalities to learn advocacy skills, including self-advocacy.

e. School districts shall provide children who are deaf, hard of hearing, or deaf-blind opportunities to meet and associate with their peers in the school environment and during school-sponsored activities.

f. School districts shall provide direct instruction to children who are deaf, hard of hearing, or deaf-blind.

g. School districts shall include a communication plan in the Individualized Education Program of a student who is deaf, hard of hearing, or deaf-blind, and in the educational plan prepared pursuant to section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. s.794 for a student who is deaf, hard of hearing, or deaf-blind.

h. School districts shall provide children who are deaf, hard of hearing, or deaf-blind placement that is best suited to the child's individual needs including, but not limited to, social, emotional, communication, and cultural needs, with consideration for the child's age, degree and type of hearing loss, academic level, mode of communication, style of learning, motivational level, and amount of family support.

i. School districts shall provide children who are deaf, hard of hearing, or deaf-blind individual considerations for free, appropriate education across a continuum of placement options required by law.

j. School districts shall provide children who are deaf, hard of hearing, or deaf-blind full support services provided by qualified and certified professionals in their educational settings. The Department of Education through the coordinator for educational programs shall work with school districts to ensure technical assistance is available to support boards of education in meeting the needs of children who are deaf, hard of hearing, or deaf-blind. As used in this subsection, "technical assistance" means guidance and support provided to a school district to enable the school district to meet State and federal policy and regulatory requirements and to ensure the provision of a thorough and efficient education.

k. School districts shall provide children who are deaf, hard of hearing, or deaf-blind full communication access to all programs in their educational settings including, but not limited to, extracurricular activities, recess, lunch, media showings, driver education, and public announcements.

l. School districts shall ensure that parents and guardians of children who are deaf, hard of hearing or deaf-blind receive information from appropriately qualified and certified professionals on the medical, ethical, cultural, and linguistic issues of individuals who are deaf, hard of hearing, or deaf-blind.

m. School districts shall ensure that children who are deaf, hard of hearing, or deaf-blind have direct access to mental health services and supporting services from qualified and certified providers fluent in the student's primary mode of communication, including American Sign Language.

##### **§ 18A:46-2.9** Construction of act. {#sec-18a-46-2.9 omnilex-key=us-nj-statutes--title-18a--18A:46-2.9}

3. Nothing in this act shall be construed to give any greater rights or protections than can be found under the "Individuals with Disabilities Education Act," 20 U.S.C. s.1400 et seq., or section 504 of the federal "Rehabilitation Act of 1973," 29 U.S.C. s.794, or any other federal law.

##### **§ 18A:46-2.10** Working Group on Deaf Education. {#sec-18a-46-2.10 omnilex-key=us-nj-statutes--title-18a--18A:46-2.10}

1. a. There is established in the Department of Education a Working Group on Deaf Education for the purpose of making recommendations on issues related to the early linguistic development of children who are deaf or hard of hearing.

b. The working group shall consist of 15 members appointed by the Commissioner of Education including:

(1) a parent of a child who is deaf or hard of hearing who uses the dual languages of American Sign Language and English;

(2) a parent of a child who is deaf or hard of hearing who uses only American Sign Language;

(3) a parent of a child who is deaf or hard of hearing who uses only Listening and Spoken Language;

(4) a certified teacher of deaf and hard of hearing students who use the dual languages of American Sign Language and Listening and Spoken Language;

(5) a certified teacher of deaf and hard of hearing students employed at the Marie H. Katzenbach School for the Deaf;

(6) an expert who holds a master's or doctorate degree who researches language outcomes for deaf and hard of hearing children using American Sign Language and English;

(7) an expert who holds a master's or doctorate degree who researches language outcomes for deaf and hard of hearing children using Listening and Spoken Language;

(8) an expert who holds a master's or doctorate degree who researches language outcomes for deaf and hard of hearing children using only American Sign Language;

(9) a certified teacher of deaf and hard of hearing students whose expertise is in curriculum and instruction in American Sign Language and English;

(10) an advocate for the teaching and use of the dual languages of American Sign Language and English;

(11) an advocate for the teaching and use of Listening and Spoken Language;

(12) an early intervention specialist, who is appropriately certified and, if required, licensed, who works with deaf and hard of hearing infants and toddlers using the dual languages of American Sign Language and English;

(13) a certified teacher of deaf and hard of hearing students whose expertise is in American Sign Language and English language assessment;

(14) a speech -language pathologist with expertise in Listening and Spoken Language for children who are deaf and hard of hearing; and

(15) an audiologist who provides direct services in the classroom, including the educational management, verification, and fitting of appropriate amplification including hearing aids and hearing assistance technologies.

c. Appointments to the working group shall be made within 30 days after the effective date of this act. Vacancies in the membership of the working group shall be filled in the same manner as the original appointments were made.

##### **§ 18A:46-2.11** Duty of the working group. {#sec-18a-46-2.11 omnilex-key=us-nj-statutes--title-18a--18A:46-2.11}

2. a. It shall be the duty of the working group to examine, research, and make recommendations to the Department of Education and the Department of Health for:

(1) the development of a resource guide for parents to monitor and track deaf and hard of hearing children's expressive and receptive language acquisition and developmental stages toward English literacy; (2) the selection of one or more early intervention assessments to be used by educators to assess the language and literacy development of deaf and hard of hearing children; and

(3) the development of methods of evaluation to annually collect and publicly report data on language acquisition and developmental progress of children from birth to age five who are deaf or hard of hearing.

b. The working group shall issue a report, including its recommendations, no later than one year after the working group organizes.

##### **§ 18A:46-2.12** Development of parent resource guide. {#sec-18a-46-2.12 omnilex-key=us-nj-statutes--title-18a--18A:46-2.12}

3. a. The Department of Education, in an effort to assist deaf and hard of hearing children in becoming linguistically ready for kindergarten and in consultation with the Department of Health, shall develop a parent resource guide for use by parents of deaf and hard of hearing children.

The parent resource guide shall:

(1) help parents monitor and track deaf and hard of hearing children's expressive and receptive language acquisition and developmental stages toward English literacy by presenting language developmental milestones;

(2) be appropriate for use, in both content and administration, with deaf and hard of hearing children from birth to five years of age, who use both or one of the languages of American Sign Language and English;

(3) be written for clarity and ease of use by parents;

(4) be aligned to existing instruments used by school districts to assess the development of children with disabilities pursuant to federal and State law;

(5) include a statement that the parent resource guide is not a formal assessment of language and literacy development, and that a parent's observations of his child may differ from formal assessment data collected as part of a professional evaluation; and

(6) include a statement that a parent may bring the parent resource guide to a child study team meeting for purposes of sharing observations about the child's development.

b. The department shall incorporate the recommendations provided by the working group established pursuant to section 1 of this act into the parent resource guide.

c. The department shall make the parent resource guide developed pursuant to this section publicly available on its website.

##### **§ 18A:46-2.13** Development of guidance regarding early intervention assessments. {#sec-18a-46-2.13 omnilex-key=us-nj-statutes--title-18a--18A:46-2.13}

4. a. The Department of Education, in consultation with the Department of Health, shall, after consideration of the recommendations provided by the working group established pursuant to section 1 of this act, develop guidance regarding early intervention assessments to assess the language and literacy development of deaf and hard of hearing children. The guidance shall include information regarding the development of deaf and hard of hearing children's expressive and receptive language acquisition and the developmental stages toward English literacy of children who are deaf and hard of hearing, and shall be appropriate for the assessment of children from birth to five years of age.

b. The department shall disseminate the guidance developed pursuant to this section to school districts.

##### **§ 18A:46-2.14** Implementation of methods, collection, reporting of data. {#sec-18a-46-2.14 omnilex-key=us-nj-statutes--title-18a--18A:46-2.14}

5. The Department of Education and the Early Intervention Program in the Department of Health shall implement the methods developed by the working group pursuant to section 2 of this act to annually collect and publicly report data on the language acquisition and developmental progress of children from birth to age five who are deaf or hard of hearing.

##### **§ 18A:46-2.15** Unique needs, students, documentation maintained in student records, safe participation in school fire, security drills; written plan, accommodations. {#sec-18a-46-2.15 omnilex-key=us-nj-statutes--title-18a--18A:46-2.15}

4. a. A school district, receiving school, and a nonpublic school shall ensure that a student's unique mobility, sensory, medical, social, communication, emotional, regulatory, and decision-making needs in the event of a fire drill, school security drill,or an actual emergency situation that may occur on school grounds is maintained in the student record. The documentation maintained in the student record shall indicate whether or not the student is able to safely and fully participate in fire drills or school security drills without the use of supplementary supports, modifications, accommodations, or services, or if any accommodations are needed, including determining areas of refuge during an emergency.

b. If it is determined that a student requires supplementary supports, modifications, accommodations, or services in order to safely and fully participate in a fire drill or school security drill, a written plan shall be maintained in the student record. The written plan shall:

(1) describe the anticipated mobility, sensory, medical, social, communication, emotional, regulatory, and decision-making support needs of the student during a fire drill or school security drill and during an actual emergency situation;

(2) describe the supports, modifications, accommodations, and services to be provided to the student during a fire drill or school security drill and during an actual emergency situation; and

(3) describe the role of school employees in supporting the student during a fire drill or school security drill and during an actual emergency situation, including the need for any specific training of school employees.

c. A school district and, if applicable, a nonpublic school shall on a regular basis, but not less than once annually, perform a review of any determinations made pursuant to this section to evaluate the school security needs of a student.

##### **§ 18A:46-3** Establishment of department of child study. {#sec-18a-46-3 omnilex-key=us-nj-statutes--title-18a--18A:46-3}

When the results of a survey of children with disabilities in any county, in the opinion of the commissioner warrants it, the commissioner shall, with the approval of the State board, establish a department of child study which shall be charged with the duty of performing the services required to be performed at the county level under this chapter. The commissioner shall appoint for each county department of child study or, with the approval of the State board, for one or more county departments of child study, a supervisor, whose duties shall include the coordination of the special education services in the county, and such additional personnel, constituting a child study team as the commissioner deems necessary to perform such services for children with disabilities.

In addition to the supervisor of child study, the members of each child study team shall include personnel qualified to administer, supervise, or otherwise perform the special education services required under this chapter.

The county superintendent of the county, or the county superintendents of the counties served by one child study team jointly, shall, with the approval of the commissioner, designate a member of the child study team to serve as chair. In the event that the superintendents cannot agree, the chair shall be designated by the commissioner.

##### **§ 18A:46-3.1** Regional consultants for children who are deaf or have a hearing impairment. {#sec-18a-46-3.1 omnilex-key=us-nj-statutes--title-18a--18A:46-3.1}

1. The Commissioner of Education shall appoint four regional consultants for children who are deaf or have a hearing impairment. The duties of these consultants shall include assisting the child study teams in the educational evaluation and placement of children who are deaf or have a hearing impairment and the development of appropriate individual educational programs, for each child with a disability and significant hearing loss.

##### **§ 18A:46-4** Terms; salaries; supervisor's expense; state aid {#sec-18a-46-4 omnilex-key=us-nj-statutes--title-18a--18A:46-4}

The commissioner shall fix the terms of office and compensation of the supervisor and other members of the child study team. Their salaries shall be paid as other State salaries are paid by warrants drawn by the Director of the Division of Budget and Accounting on the State Treasurer, on orders issued by the commissioner. All claims for expenses of the supervisor, for each county in which he shall serve, shall be paid after being audited by the county superintendent on orders issued by the county superintendent and drawn on the county treasurer. Notwithstanding any other provision of the law, the State shall reimburse each county no more than $750.00 for the expenses of the supervisor in any 1 year. All claims for expenses of the supervisor which exceed the sum of $750.00 shall be paid by the county.

##### **§ 18A:46-5** Functions of child study teams. {#sec-18a-46-5 omnilex-key=us-nj-statutes--title-18a--18A:46-5}

Each county child study team shall function in consultation with the local boards of education in the county or the local boards of education in the counties served by it in the fields pertaining to:

a. identification and diagnosis of children needing special educational services,

b. development and approval of public school programs for pupils with disabilities,

c. supervision and coordination of public school programs for pupils with disabilities,

d. reporting and referral of children with disabilities of such severity as to indicate the necessity of residential placement, medical or psychological treatment, or care, to the appropriate agency for such purpose,

e. social case work and psychological evaluation,

f. remedial instruction,

g. cooperative action with other state and county departments and lay professional organizations, and

h. additional responsibilities as determined by the commissioner with the approval of the State board.

##### **§ 18A:46-5.1** Basic child study team services; provision by boards of education and state operated programs {#sec-18a-46-5.1 omnilex-key=us-nj-statutes--title-18a--18A:46-5.1}

Each board of education and State operated program shall separately or jointly with one or more boards of education or State agencies provide for basic child study team services. The basic child study team shall consist of a school psychologist, a learning disability teacher consultant and a school social worker, and for the purposes of evaluation and classification shall include pertinent information from certified school personnel making the referral. This information shall be considered in the evaluation and classification process as defined in N.J.A.C. 6:28-1.1 et seq.

The referring certified school personnel and the school principal, or his designee, may attend the classification conference as defined in N.J.A.C. 6:28-1.1 et seq. and participate in the classification decision.

##### **§ 18A:46-5.2** Participation by parent or guardian {#sec-18a-46-5.2 omnilex-key=us-nj-statutes--title-18a--18A:46-5.2}

Any decision by the basic child study team concerning the evaluation, classification and placement of a student shall include the full participation of that student's parents or guardian as prescribed under N.J.A.C. 6:28-1.1 et seq.

##### **§ 18A:46-6** Identification of children with disabilities. {#sec-18a-46-6 omnilex-key=us-nj-statutes--title-18a--18A:46-6}

Each board of education, according to uniform rules prescribed by the commissioner with the approval of the State board, shall provide for the identification of any children between the ages of five and 21 residing in the district and enrolled in the public schools of the State or in a nonpublic school located in the district, who cannot be properly accommodated through the school facilities usually provided, because of disabilities.

For the purposes of N.J.S.18A:46-1 et seq., a child who boards at a school in a district in which the child's parents do not maintain a residence shall not be considered a resident of the district.

In addition, each board of education shall also identify and ascertain, according to rules promulgated by the commissioner with the approval of the State board, those children between the ages of three and five years who require and who would be benefited by special education programs and services, which may prevent their disabilities from becoming more debilitating.

Each board of education shall provide information to parents of children with disabilities who are below the age of three regarding available services and programs provided by other State, county, or local agencies, which may prevent their disabilities from becoming more debilitating.

##### **§ 18A:46-6.1** Providers of services for children with disabilities aged 3 through 5. {#sec-18a-46-6.1 omnilex-key=us-nj-statutes--title-18a--18A:46-6.1}

2. The programs and services required pursuant to N.J.S.18A:46-1 et seq. for children with disabilities between the ages of 3 and 5 shall be provided by one or more of the following:

a. Parent training and counseling;

b. Special programs and services in the district including programs in hospitals, homes or other institutions;

c. Special programs and services offered by other districts as provided by agreement between one or more districts;

d. A Jointure Commission;

e. A county special services school district; and

f. Such other methods as shall be approved by the commissioner with the approval of the State board.

##### **§ 18A:46-6.3** Provision of education, related services to students with disabilities. {#sec-18a-46-6.3 omnilex-key=us-nj-statutes--title-18a--18A:46-6.3}

1. a. Notwithstanding the provisions of N.J.S.18A:46-6, N.J.S.18A:46-8, or of any other law, rule, or regulation concerning the age of eligibility for special education and related services to the contrary, a board of education shall, in the 2021-2022 school year, provide special education and related services contained in an individualized education program to a student with disabilities who attains the age of 21 during the 2020-2021 school year, provided that the parent of the student and the individualized education program team determine that the student requires additional or compensatory special education and related services, including transition services, during the 2021-2022 school year. A student receiving special education and related services pursuant to this subsection shall not be eligible to receive such education and services beyond June 30, 2022, unless otherwise provided in a student's individualized education program or as ordered by a hearing officer, complaint investigation, or court of competent jurisdiction.

b. Notwithstanding the provisions of N.J.S.18A:46-6, N.J.S.18A:46-8, or of any other law, rule, or regulation concerning the age of eligibility for special education and related services to the contrary, a board of education shall, in the 2022-2023 school year, provide special education and related services contained in an individualized education program to a student with disabilities who attains the age of 21 during the 2021-2022 school year, provided that the parent of the student and the individualized education program team determine that the student requires additional or compensatory special education and related services, including transition services, during the 2022-2023 school year. A student receiving special education and related services pursuant to this subsection shall not be eligible to receive such education and services beyond June 30, 2023, unless otherwise provided in a student's individualized education program or as ordered by a hearing officer, complaint investigation, or court of competent jurisdiction.

c. Notwithstanding the provisions of N.J.S.18A:46-6, N.J.S.18A:46-8, or of any other law, rule, or regulation concerning the age of eligibility for special education and related services to the contrary, a board of education shall, in the 2023-2024 school year, provide special education and related services contained in an individualized education program to a student with disabilities who attains the age of 21 during the 2022-2023 school year, provided that the parent of the student and the individualized education program team determine that the student requires additional or compensatory special education and related services, including transition services, during the 2023-2024 school year. A student receiving special education and related services pursuant to this subsection shall not be eligible to receive such education and services beyond June 30, 2024, unless otherwise provided in a student's individualized education program or as ordered by a hearing officer, complaint investigation, or court of competent jurisdiction.

d. A student receiving special education and related services, including transition services, pursuant to this section shall be afforded the same rights, privileges, and remedies provided to students with disabilities pursuant to State law, State Board of Education regulations concerning special education, and the federal "Individuals with Disabilities Education Act," 20 U.S.C. s.1400 et seq. Any disputes that arise with respect to the provision or nature of services provided to a student with disabilities in the additional year as provided under subsections a., b., and c. of this section may be addressed, as determined by the parent of the student with disabilities, by either:

(1) mediation;

(2) a written request for a complaint investigation submitted to the Director of the Office of Special Education Policy and Dispute Resolution in the Department of Education; or

(3) a special education due process hearing pursuant to the provisions of the "Individuals with Disabilities Education Act," 20 U.S.C. s.1400 et seq., chapter 46 of Title 18A of the New Jersey Statutes, or regulations promulgated thereto.

e. (1) The special education and related services, including transition services, provided to students with disabilities pursuant to the provisions of this section shall, to the extent permitted by federal law, be paid for from the monies received by the State or a school district under the federal "Coronavirus Aid, Relief, and Economic Security (CARES) Act," Pub.L.116-136, the federal "Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act, 2021," Pub.L.116-260, the federal "American Rescue Plan (ARP) Act," Pub.L.117-2, or any other federal funding provided to address the impact of the coronavirus pandemic on elementary and secondary schools as it becomes available.

(2) To the extent that the federal funds described in paragraph (1) of this subsection do not cover the costs borne by school districts to provide the special education and related services, including transition services, to students with disabilities pursuant to the provisions of this section, the State shall appropriate funds as necessary from the Property Tax Relief Fund to reimburse school districts for these costs.

(3) The special education and related services funded pursuant to the provisions of this subsection may include, but are not limited to, the additional staff, programs, and facilities deemed necessary by school districts to provide the special education and related services, including transition services, required under this section.

f. Notwithstanding the provisions of chapter 26 of Title 14 of the New Jersey Administrative Code, N.J.A.C.6A:14-4.9, or of any other law, rule, or regulation establishing educational facility planning standards, temporary facility standards, or age range and group size requirements for approved private schools for students with disabilities to the contrary, for the 2021-2022 school year through the 2023-2024 school year, the Department of Education shall permit an approved private school for students with disabilities to temporarily utilize non-qualifying spaces on school property for instruction and educational purposes in order to serve any additional students receiving special education and related services, including transition services, pursuant to the provisions of this section, if the department and the applicable county office of education determine that the school is able to provide suitable accommodations in those spaces for the additional students.

g. (Deleted by amendment, P.L.2021, c.487)

h. As used in this section, "parent" means the natural or adoptive parent, the legal guardian, resource family parent when willing to so serve, a surrogate parent, or a person acting in the place of a parent, such as a grandparent or stepparent with whom the student lives or a person legally responsible for the student's welfare. Parent shall also include an adult student who has attained the age of 18, who is not under legal guardianship, and who is entitled to receive special education and related services.

##### **§ 18A:46-7** Reports of children with disabilities. {#sec-18a-46-7 omnilex-key=us-nj-statutes--title-18a--18A:46-7}

Each board of education shall report annually to the county superintendent of schools of the county in which the school district is situate, who shall report to the commissioner, the names of all children who are in special education instructional programs and the names and addresses of their parents or persons having control or custody of them, together with the category into which they have been classified. Included in this report shall be the names and addresses of any known children with disabilities who are not attending school. The commissioner shall make the information in the reports available to any State agency charged with providing care and rehabilitation services for children with disabilities.

##### **§ 18A:46-7.1** Copies of chapter 46 of title 18A, guidelines, distributed annually to parents of children with disabilities. {#sec-18a-46-7.1 omnilex-key=us-nj-statutes--title-18a--18A:46-7.1}

1. In every school district having children who have been classified as children with disabilities pursuant to the provisions of chapter 46 of Title 18A of the New Jersey Statutes, the board of education of the district shall, annually, cause copies of chapter 46, as amended and supplemented, together with all current rules and regulations of the commissioner relating thereto, to be prepared for distribution to parents of children classified as children with disabilities or the persons having control or custody of such children who request copies thereof.

Persons requesting copies shall be required to pay a reasonable fee as fixed by the board, to cover the cost of preparing the copies.

##### **§ 18A:46-7.2** DOE to disseminate information on adult services to parents of special education recipients. {#sec-18a-46-7.2 omnilex-key=us-nj-statutes--title-18a--18A:46-7.2}

1. The Department of Education shall include in its "Parental Rights in Special Education" booklet that is available to parents of children who receive special education services, information describing services available through, and contact information for, State agencies serving persons with disabilities. The booklet shall include, but not be limited to, information regarding the following State agencies serving persons with disabilities: the Division of Vocational Rehabilitation Services in the Department of Labor and Workforce Development; the Divisions of Developmental Disabilities, Mental Health Services, the Deaf and Hard of Hearing, and Disability Services in the Department of Human Services; and the Commission for the Blind and Visually Impaired in the Department of Human Services.

##### **§ 18A:46-7.3** Designation of disability services resource in high school for parents. {#sec-18a-46-7.3 omnilex-key=us-nj-statutes--title-18a--18A:46-7.3}

2. The Department of Education shall require that, beginning with the 2006-2007 school year, all school districts with grades nine through 12 designate at least one staff member to serve as a disability services resource for parents. The designated staff member shall be able to demonstrate competency in the various services available through State agencies that serve persons with disabilities, and shall provide information to parents about how to access the services and assistance to parents in contacting the appropriate State agency. The district shall conduct outreach activities to ensure that the parents of children who receive special education services in the district, and local community disability organizations and service providers, are made aware of the name and contact information of the designated staff member.

##### **§ 18A:46-7.4** Posting of timeline. {#sec-18a-46-7.4 omnilex-key=us-nj-statutes--title-18a--18A:46-7.4}

2. The Commissioner of Education shall post the timeline developed pursuant to section 1 of P.L.2016, c.72 (C.30:1-1.4) on the official website of the Department of Education.

##### **§ 18A:46-8** Examination, classification of children residing in the district. {#sec-18a-46-8 omnilex-key=us-nj-statutes--title-18a--18A:46-8}

Each board of education shall provide for the examination and classification of each child residing in the district and identified pursuant to N.J.S.18A:46-6, except that the board of education of a county vocational school district shall provide for the examination and classification of each child who is attending the county vocational school on a full-time basis and is identified pursuant to N.J.S.18A:46-6. Such examination and classification shall be accomplished according to procedures prescribed by the commissioner and approved by the State board, under one of the categories identified in N.J.S.18A:46-1. The examination and classification of such nonpublic school children shall be in a location determined by the local board of education of the district in which the nonpublic school is located and approved by the commissioner pursuant to rules and regulations promulgated by the State board.

The classification of a child with a communication impairment shall be made by the basic child study team and an approved speech correctionist or speech pathologist, without child study consultation. Such children shall be reported to the basic child study team. The proposed classification shall be reported to the parent or guardian of the child and an opportunity provided, prior to implementation of the classification, for consultation by such parent or guardian with the appropriate special educational services personnel of the district. Pursuant to rules of the State board, the parent or guardian shall also be provided an opportunity for further review of the classification in the Department of Education.

##### **§ 18A:46-9** Classification of children having an intellectual disability. {#sec-18a-46-9 omnilex-key=us-nj-statutes--title-18a--18A:46-9}

Each child classified pursuant to N.J.S.18A:46-8 as having an intellectual disability shall be similarly further identified, examined and classified into one of the following subcategories:

a. Educable children with intellectual disabilities who may be expected to succeed with a minimum of supervision in homes and schools and community life and are characterized particularly by reasonable expectation that at maturity they will be capable of vocational and social independence in competitive environments;

b. Trainable children with intellectual disabilities who are so intellectually disabled that they cannot be classified as educable but are, notwithstanding, potentially capable of self-help, of communicating satisfactorily, or participating in groups, of directing their behavior so as not to be dangerous to themselves or others and of achieving with training some degree of personal independence and social and economic usefulness within sheltered environments;

c. Children eligible for day training, who are incapable of giving evidence of understanding and responding in a positive manner to simple directions expressed in the child's primary mode of communication and who cannot in some manner express basic wants and needs.

##### **§ 18A:46-10** Classification of children needing special education services. {#sec-18a-46-10 omnilex-key=us-nj-statutes--title-18a--18A:46-10}

Pupils identified as needing special education services to ameliorate or to prevent the development of learning disabilities shall be classified according to their ability to benefit from specified types of educational service, and such educational service shall be conducted according to rules and regulations prescribed by the commissioner, with the approval of the State board, and may include, but need not be limited to:

a. case work with the pupil at home or school;

b. counseling or guidance;

c. remedial instruction;

d. special scheduling of a school program including part-time attendance in special or general groups;

e. referral to other agencies or institutions for special services;

f. special grouping in school for children whose prognosis is favorable for return to the general program; and

g. arrangement through the commissioner for direct services through the county department of child study.

##### **§ 18A:46-11** Psychological and other examinations {#sec-18a-46-11 omnilex-key=us-nj-statutes--title-18a--18A:46-11}

Each board of education shall separately or jointly with one or more boards of education employ a psychological examiner, who acting jointly with special education personnel approved by the commissioner, shall administer the procedures for diagnosis and classification required in this chapter, or, in lieu of employing a psychological examiner, it or they may contract to use, with or without financial reimbursement, the psychological or other services of any clinic or agency approved by the commissioner.

##### **§ 18A:46-12** Approval of clinics {#sec-18a-46-12 omnilex-key=us-nj-statutes--title-18a--18A:46-12}

The commissioner with the approval of the state board and of the state board of control of the department of institutions and agencies, shall prescribe suitable standards for the approval by him of any clinic or agency furnishing services, pursuant to this chapter.

##### **§ 18A:46-13** Types of facilities and programs. {#sec-18a-46-13 omnilex-key=us-nj-statutes--title-18a--18A:46-13}

It shall be the duty of each board of education to provide suitable facilities and programs of education for all the children who are classified as children with disabilities under this chapter. The absence or unavailability of a special class facility in any district shall not be construed as relieving a board of education of the responsibility for providing education for any child who qualifies under this chapter.

The Department of Human Services, and the Department of Children and Families, as applicable, shall provide transportation for all children who attend day training centers operated by the department.

A board of education is not required to provide any further educational program for children who have been admitted to the New Jersey School for the Deaf, Katzenbach Campus, but shall be required to furnish necessary daily transportation Monday through Friday to and from the school for nonboarding pupils when such transportation is approved by the county superintendent of schools in accordance with such rules and regulations as the State board shall promulgate for such transportation. Any special education facility or program authorized and provided for a child attaining age 20 during a school year shall be continued for the remainder of that school year.

##### **§ 18A:46-13.1** Disabled students, certain, participation in interscholastic athletic programs. {#sec-18a-46-13.1 omnilex-key=us-nj-statutes--title-18a--18A:46-13.1}

1. Notwithstanding the provisions of any law, rule or regulation to the contrary, a pupil who is disabled and who is placed by the parents or guardians at their own expense in a nonpublic school for treatment of the disability shall be eligible to participate in the interscholastic athletic program of the student's resident school district, provided the student otherwise meets the eligibility requirements of the program and the student's participation has the written approval of the board of education of the school district where the program is located.

##### **§ 18A:46-13.2** Findings, declarations relative to the use of service animals by certain students. {#sec-18a-46-13.2 omnilex-key=us-nj-statutes--title-18a--18A:46-13.2}

1. The Legislature finds and declares that: service animals have a long history of performing crucial tasks and fulfilling a significant role in the daily activities of many people with physical disabilities; in addition to their traditional roles, service animals can be trained to be a calming influence and provide a connection to the familiar in unfamiliar surroundings for students with autism or other developmental disabilities; under the federal Americans with Disabilities Act of 1990, service animals are permitted in schools, other public areas, and places of public accommodation; allowing a student with autism or other disability to bring a service animal to class and on school grounds will enhance the learning process and help the student reach his full academic potential.

##### **§ 18A:46-13.3** Permitted access for service animals. {#sec-18a-46-13.3 omnilex-key=us-nj-statutes--title-18a--18A:46-13.3}

2. a. A student with a disability, including autism, shall be permitted access for a service animal in school buildings, including the classroom, on school buses, and on school grounds.

b. A school official may inquire as to whether the service animal is required due to a disability and what task or work the service animal has been trained to perform, unless the student's disability and the work or task that the service animal will perform are readily apparent. A school official may require: (1) certification from a veterinarian that the service animal is properly vaccinated and does not have a contagious disease that may harm students or staff; and (2) documentation that any license required by the municipality in which the student resides has been obtained for the service animal.

c. The service animal shall be under a handler's control at all times by use of a leash, tether, voice control, signal, or other suitable means. The school shall not be responsible or liable for the care or supervision of the service animal. The school shall provide reasonable accommodations to allow the handler to provide for the care and feeding of the service animal while on school grounds or at a school function.

##### **§ 18A:46-13.4** Definitions relative to use of physical restraint, seclusion techniques on students with disabilities. {#sec-18a-46-13.4 omnilex-key=us-nj-statutes--title-18a--18A:46-13.4}

1. As used in this act:

"Physical restraint" means the use of a personal restriction that immobilizes or reduces the ability of a student to move all or a portion of his or her body.

"Seclusion technique" means the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving, but does not include a timeout.

"Timeout" means a behavior management technique that involves the monitored separation of a student in a non-locked setting, and is implemented for the purpose of calming.

##### **§ 18A:46-13.5** Use of physical restraint on students with disabilities. {#sec-18a-46-13.5 omnilex-key=us-nj-statutes--title-18a--18A:46-13.5}

2. a. A school district, an educational services commission, or an approved private school for students with disabilities that utilizes physical restraint on students with disabilities shall ensure that:

(1) physical restraint is used only in an emergency in which the student is exhibiting behavior that places the student or others in immediate physical danger;

(2) a student is not restrained in the prone position, unless the student's primary care physician authorizes, in writing, the use of this restraint technique;

(3) staff members who are involved in the restraint of a student receive training in safe techniques for physical restraint from an entity determined by the board of education to be qualified to provide such training, and that the training is updated at least annually;

(4) the parent or guardian of a student is immediately notified when physical restraint is used on that student, which notification may be by telephone or electronic communication. A full written report of the incident of physical restraint shall be provided to the parent or guardian within 48 hours of the occurrence of the incident;

(5) each incident in which a physical restraint is used is carefully and continuously visually monitored to ensure that it was used in accordance with established procedures set forth in a board policy developed in conjunction with the entity that trains staff in safe techniques for physical restraint, in order to protect the safety of the child and others; and

(6) each incident in which physical restraint is used is documented in writing in sufficient detail to enable the staff to use this information to develop or improve the behavior intervention plan at the next individualized education plan meeting.

b. A school district, an educational services commission, and an approved private school for students with disabilities shall attempt to minimize the use of physical restraints through inclusion of positive behavior supports in the student's behavior intervention plans developed by the individualized education plan team.

##### **§ 18A:46-13.6** Use of seclusion techniques on students with disabilities. {#sec-18a-46-13.6 omnilex-key=us-nj-statutes--title-18a--18A:46-13.6}

3. a. A school district, an educational services commission, or an approved private school for students with disabilities that utilizes seclusion techniques on students with disabilities shall ensure that :

(1) a seclusion technique is used on a student with disabilities only in an emergency in which the student is exhibiting behavior that places the student or others in immediate physical danger;

(2) each incident in which a seclusion technique is used is carefully and continuously visually monitored to ensure that it was used in accordance with established procedures set forth in a board policy developed in conjunction with the entity that trains staff in safe techniques for physical restraint, in order to protect the safety of the child and others; and

(3) each incident in which a seclusion technique is used is documented in writing in sufficient detail to enable the staff to use this information to develop or improve the behavior intervention plan at the next individualized education plan meeting.

b. A school district, an educational services commission, and an approved private school for students with disabilities shall attempt to minimize the use of seclusion techniques through inclusion of positive behavior supports in the student's behavior intervention plans developed by the individualized education plan team.

##### **§ 18A:46-13.7** Guidelines, review process. {#sec-18a-46-13.7 omnilex-key=us-nj-statutes--title-18a--18A:46-13.7}

4. The department shall establish guidelines for school districts, educational services commissions, and approved private schools for students with disabilities to ensure that a review process is in place to examine the use of physical restraints or seclusion techniques in emergency situations, and for the repeated use of these methods for an individual child, within the same classroom, or by a single individual. The review process shall include educational, clinical, and administrative personnel. Pursuant to the review process the student's individualized education plan team may, as deemed appropriate, determine to revise the behavior intervention plan or classroom supports, and a school district, educational services commission, or approved private school for students with disabilities may determine to revise a staff member's professional development plan.

##### **§ 18A:46-14** Enumeration of facilities and programs. {#sec-18a-46-14 omnilex-key=us-nj-statutes--title-18a--18A:46-14}

The facilities and programs of education required under this chapter shall be provided by one or more of the following:

a. A special class or classes in the district, including a class or classes in hospitals, convalescent homes, or other institutions;

b. A special class in the public schools of another district in this State or any other state in the United States;

c. Joint facilities including a class or classes in hospitals, convalescent homes, or other institutions to be provided by agreement between one or more school districts;

d. A jointure commission program;

e. A State of New Jersey operated program;

f. Instruction at school supplementary to the other programs in the school, whenever, in the judgment of the board of education with the consent of the commissioner, the pupil with a disability will be best served thereby;

g. Sending children capable of benefiting from a day school instructional program to privately operated day classes, in New Jersey or, with the approval of the commissioner to meet particular circumstances, in any other state in the United States, the services of which are nonsectarian whenever, in the judgment of the board of education with the consent of the commissioner, it is impractical to provide services pursuant to subsection a., b., c., d., e., or f. otherwise;

h. Individual instruction at home or in school whenever, in the judgment of the board of education with the consent of the commissioner, it is impracticable to provide a suitable special education program for a child pursuant to subsection a., b., c., d., e., f., or g. otherwise.

Whenever a child study team determines that a suitable special education program for a child cannot be provided pursuant to subsection a., b., c., d., e., f., g., or h. of this section, and that the most appropriate placement for that child is in an academic program in an accredited nonpublic school within the State or, to meet particular circumstances, in any other state in the United States, the services of which are nonsectarian, and which is not specifically approved for the education of pupils with disabilities, that child may be placed in that academic program by the board of education, with the consent of the commissioner, or by order of a court of competent jurisdiction. An academic program which meets the requirements of the child's Individual Education Plan as determined by the child study team and which provides the child with a thorough and efficient education, shall be considered an approved placement for the purposes of chapter 46 of this Title, and the board of education shall be entitled to receive State aid for that child as provided pursuant to P.L.2007, c.260 (C.18A:7F-43 et al.), and all other pertinent statutes.

Whenever any child shall be confined to a hospital, convalescent home, or other institution in New Jersey or in any other state in the United States and is enrolled in an education program approved under this article, or shall be placed in any other State facility as defined in section 3 of P.L.2007, c.260 (C.18A:7F-45), the board of education of the district in which the child resides shall pay the tuition of that child. The board of education may also furnish (a) the facilities or programs provided in this article to any person over the age of 20 who does not hold a diploma of a high school approved in this State or in any other state in the United States, and (b) suitable approved facilities and programs for children under the age of five.

##### **§ 18A:46-15** Approval of special facilities and education programs. {#sec-18a-46-15 omnilex-key=us-nj-statutes--title-18a--18A:46-15}

a. The commissioner with the consent of the State board shall, according to the rules and regulations prescribed by the commissioner and approved by the State board, approve all special facilities and education programs which meet the requirements of this chapter. The commissioner shall, by the use of available staff members, by the publication of bulletins, and by any other means available, assist boards of education in formulating programs required under this chapter.

b. The commissioner shall continually review the operation of the programs of special education required under this chapter and whenever in any area or region of this State, in the commissioner's judgment, children of one or more disability groups, as identified in N.J.S.18A:46-1, are not receiving satisfactory education programs, despite the operation of facilities and programs approved by the commissioner pursuant to subsection a. of this section, the commissioner shall, with the consent of the State board, order the establishment of a special class or classes for such group or groups in such area or region, either using the facilities to be provided by one or more boards of education, pursuant to subsection b. of N.J.S.18A:46-20, or the facilities of one or more jointure commissions by directing one or more boards of education not members to become contracting districts of any thereof under P.L.2007, c.63 (C.40A:65-1 et al.).

c. The commissioner shall continually review the operation of such class or classes, and in case the operation of any of such classes is not satisfactory, the commissioner shall, with the consent of the State board, take such steps available under this chapter as may seem necessary to improve such operation including the use of different receiving districts and sending districts and the use of different jointure commissions or the addition or withdrawal of districts to or from existing jointure commissions.

##### **§ 18A:46-18.2** Definitions {#sec-18a-46-18.2 omnilex-key=us-nj-statutes--title-18a--18A:46-18.2}

For the purposes of this act:

a. "Multidisciplinary treatment team" means an evaluation team consisting of a psychologist, a learning disability teacher consultant, a social worker and any other professional who may be involved in the evaluation or treatment of a child in a State facility.

b. "State facility" means a State residential facility for the developmentally disabled, a day training center which is operated by or under contract with the State and in which all the children have been placed by the State, a State residential youth center, a State training school or correctional facility, and a State child treatment center or psychiatric hospital.

##### **§ 18A:46-18.3** Notice to parents, guardians. {#sec-18a-46-18.3 omnilex-key=us-nj-statutes--title-18a--18A:46-18.3}

2. a. The multidisciplinary treatment team at a State facility shall provide written notice to the parent or legal guardian of a child who is placed in the facility, when the child attains the age of 18, or, if the child is over the age of 18 when placed in the facility, at the time of placement, that the child is not entitled to receive tuition free educational services after the age of 21.

b. Written notice given pursuant to this section shall describe in detail the parent's or guardian's opportunity to consent to having the child's name or other relevant information forwarded in a report to the Commissioner of Human Services, the Commissioner of Children and Families, or the Commissioner of Corrections, as appropriate, for the purposes of determining whether the child will likely need services after the age of 21 and, if so, recommending possible adult educational services. For the purposes of this subsection, "relevant information" means that information in the possession of and used by the multidisciplinary treatment team to ascertain the physical, mental, emotional, and cultural-educational factors which contribute to the child's disability, including but not limited to: (1) results of physical and psychological examinations performed by private and school district physicians and psychologists; (2) relevant information presented by the parent or legal guardian and teacher; (3) school data which bear on the child's progress, including the child's most recent individualized educational program; (4) results of the most recent examinations and evaluations performed; and (5) results of other suitable evaluations and examinations possessed by the team. Nothing in this subsection shall be construed to require a multidisciplinary treatment team to perform any examination or evaluation not otherwise required by law.

c. Upon the written consent of the parent or legal guardian, the multidisciplinary treatment team shall forward the child's name and other relevant information in a report to the Commissioner of Human Services, the Commissioner of Children and Families, or the Commissioner of Corrections, as appropriate, for the development of a recommendation for adult educational services. A copy of the report shall also be submitted to the Commissioner of Education at the same time that the report is submitted to the Commissioner of Human Services, the Commissioner of Children and Families, or the Commissioner of Corrections, as applicable.

##### **§ 18A:46-18.4** Recommendation for adult educational services. {#sec-18a-46-18.4 omnilex-key=us-nj-statutes--title-18a--18A:46-18.4}

3. a. The Commissioner of Human Services, the Commissioner of Children and Families, or the Commissioner of Corrections, as appropriate, or their designees, in consultation with the Commissioner of Education, or his designee, shall determine whether a child, whose report is submitted to the Department of Human Services, Department of Children and Families, or the Department of Corrections, as appropriate, pursuant to subsection c. of section 2 of this act, will likely need adult educational services and, if the need will likely exist, develop a recommendation of all appropriate educational programs operated or approved by the Department of Human Services, Department of Children and Families, Department of Corrections or Department of Education which may be available when the child attains the age of 21. If necessary and appropriate, the Commissioner of Human Services, the Commissioner of Children and Families, or the Commissioner of Corrections, as appropriate, may conduct an evaluation of the child to determine if adult educational services will be needed. The recommendation of all programs shall be made available to the parent or guardian of the child as soon as practicable but not later than six months before the child attains the age of 21.

b. If the Commissioner of Human Services, Commissioner of Children and Families, or Commissioner of Corrections, as appropriate, determines, pursuant to subsection a. of this section, that the child will not require adult educational services, the commissioner shall notify the child's parent or guardian in writing of the determination. The notice shall be given as soon as practicable but no later than six months before the child attains the age of 21.

##### **§ 18A:46-18.5** Annual report. {#sec-18a-46-18.5 omnilex-key=us-nj-statutes--title-18a--18A:46-18.5}

4. The multidisciplinary treatment team shall prepare and submit an annual report to the Departments of Education, Corrections, Children and Families, and Human Services on October 1, 1986 and thereafter on or before October 1 of each year. The annual report shall contain the number of cases submitted to the Commissioner of Human Services, the Commissioner of Children and Families, and the Commissioner of Corrections pursuant to subsection c. of section 2 of this act, the type and severity of the handicapping condition involved with each case, and other necessary information. The annual report shall not contain individually identifying information.

##### **§ 18A:46-18.6** Rules, regulations. {#sec-18a-46-18.6 omnilex-key=us-nj-statutes--title-18a--18A:46-18.6}

5. The Commissioner of Human Services, the Commissioner of Children and Families, and the Commissioner of Corrections shall adopt, within six months from the date that this act takes effect, rules and regulations in accordance with the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) that are appropriate to implement this act.

##### **§ 18A:46-19** Additional reports {#sec-18a-46-19 omnilex-key=us-nj-statutes--title-18a--18A:46-19}

The commissioner may require at such time, and in the manner and on forms prescribed by him, such educational, financial and statistical reports as he may deem necessary to carry out the purpose of this chapter.

##### **§ 18A:46-19.1** Legislative findings and determinations. {#sec-18a-46-19.1 omnilex-key=us-nj-statutes--title-18a--18A:46-19.1}

The Legislature finds and declares that:

a. The security and welfare of the State require that all school age children be assured the fullest possible opportunity to develop their intellectual capacities. In order to achieve this objective it is the intent of this Legislature to require that the State and local communities identify and provide remedial services for children with disabilities in both public and nonpublic schools.

b. The annual appropriations to provide services pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.) should be fully expended each year to support nonpublic school students.

c. The maximum per service aid amounts established by the commissioner are to be calculated in accordance with the provisions of P.L.1977, c.193 (C.18A:46-19.1 et al.) in order to maintain the quality of services provided to eligible nonpublic students and the overall sustainability of the program.

##### **§ 18A:46-19.2** Definitions {#sec-18a-46-19.2 omnilex-key=us-nj-statutes--title-18a--18A:46-19.2}

As used in this act:

a. "Commissioner" means the State Commissioner of Education.

b. "Nonpublic school" means an elementary or secondary school within the State, other than a public school, offering education for grades kindergarten through 12, or any combination of them, wherein any child may legally fulfill compulsory school attendance requirements and which complies with the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352).

##### **§ 18A:46-19.3** Provision of facilities and programs pursuant to chapter 46; application only to public school pupils; exception {#sec-18a-46-19.3 omnilex-key=us-nj-statutes--title-18a--18A:46-19.3}

The provision of facilities and programs pursuant to chapter 46 of Title 18A of the New Jersey Statutes shall apply only to children enrolled in the public schools of the State except as specifically provided by law.

##### **§ 18A:46-19.4** Provision for speech language specialist {#sec-18a-46-19.4 omnilex-key=us-nj-statutes--title-18a--18A:46-19.4}

Each board of education shall provide for the services of a certified speech-language specialist for each child attending a nonpublic school located in the school district and classified pursuant to N.J.S.18A:46-8 as requiring the services of a certified speech-language specialist.

##### **§ 18A:46-19.5** Services to students in nonpublic schools. {#sec-18a-46-19.5 omnilex-key=us-nj-statutes--title-18a--18A:46-19.5}

7. Services for children enrolled in nonpublic schools shall be provided only upon the consent of the parent or guardian and shall be provided in a location determined by the local board pursuant to rules and regulations of the State board.

##### **§ 18A:46-19.6** Transportation to location or maintenance of vehicular classrooms to obtain services; payment of cost. {#sec-18a-46-19.6 omnilex-key=us-nj-statutes--title-18a--18A:46-19.6}

8. If the provision of services, pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.), requires transportation or the maintenance of vehicular classrooms, the board of education of a district in which a nonpublic school is located shall provide for such transportation and maintenance, and the cost shall be reimbursed to the district in the form of State aid received by the district for the purpose of P.L.1977, c.193 (C.18A:46-19.1 et al.).

##### **§ 18A:46-19.7** Contracting for examination, classification, speech correction services. {#sec-18a-46-19.7 omnilex-key=us-nj-statutes--title-18a--18A:46-19.7}

9. A board of education may contract with an educational improvement center, an educational services commission or other public or private agency approved by the commissioner other than a church or sectarian school, for the provision of examination, classification and speech correction services required by this act. Prior to any change in the provision of these services, the board shall provide timely and meaningful consultation with appropriate nonpublic school representatives, including parents.

##### **§ 18A:46-19.8** Estimated cost of services; inclusion in budget; State aid. {#sec-18a-46-19.8 omnilex-key=us-nj-statutes--title-18a--18A:46-19.8}

14. a. On November 5 of each year, each board of education shall report the number of nonpublic school children who attended a nonpublic school located within the district who were identified as eligible to receive examination, classification, and speech correction services pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.) during the previous school year.

The commissioner may require any additional data collection as may be necessary to ensure that the maximum per service aid amounts established pursuant to subsection c. of this section are reflective of the number of students eligible for each applicable service provided pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.).

b. For the purposes of any report or other data provided pursuant to subsection a. of this section, a board of education shall include a pupil enrolled in a nonpublic school located within the district who does not reside in the State in the number of pupils requiring an initial evaluation or reevaluation for examination and classification or requiring an annual review for examination and classification.

Notwithstanding the provisions of N.J.S.18A:46-6, N.J.S.18A:46-8, or any other section of law to the contrary, a school district may seek reimbursement from the State pursuant to the provisions of P.L.1977, c.193 (C.18A:46-19.1 et al.) for the initial evaluation or reevaluation for examination and classification or annual review for examination and classification of a nonpublic school pupil who is not a resident of the State.

c. (1) The allocation of State aid to local school districts to provide services pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.) shall be determined by the commissioner in a manner consistent with the provisions of this subsection, and the aid shall be distributed to school districts pursuant to section 4 of P.L.2025, c.252 (C.18A:46-19.8a). In allocating State aid, the commissioner shall establish maximum per service aid amounts for an initial evaluation or reevaluation for examination and classification, an annual review for examination and classification, speech correction, and supplementary instruction services. The maximum per service aid amounts shall be determined by dividing the amount annually appropriated to provide services pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.) by the average number of documented services delivered in the prior three school years. In the second full school year following the date of enactment of P.L.2025, c.252 (C.18A:46-19.8a et al.) and every third school year thereafter, the commissioner shall cause a survey to be conducted, which shall collect from service providers information as the commissioner deems necessary to calculate the average and range of costs incurred to provide services pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.). The commissioner shall report the findings of the survey to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and shall use the report to inform recommendations on the annual appropriation to provide services pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.).

(2) In distributing State aid to provide services pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.), the commissioner shall also ensure that, to the greatest extent possible, the amounts annually appropriated are fully exhausted by the end of the school year for which the maximum amounts are established and that the amounts appropriated are equitably distributed among school districts applying for reimbursement pursuant to section 4 of P.L.2025, c.252 (C.18A:46-19.8a). To the extent permitted by federal law, the commissioner may establish limits on the duration and frequency of speech correction services and supplementary instruction services provided pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.) in order to ensure that the greatest number of eligible students are provided the services throughout the school year and that, to the greatest extent possible, the amount annually appropriated for the services is available to reimburse school districts during the entirety of the school year. The maximum per service aid amounts, and any limits established by the commissioner on the duration and frequency of speech correction services and supplementary instruction services, shall be disseminated by the commissioner to school districts and nonpublic schools no later than July 15 of the school year.

d. A school district seeking State aid for services provided pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.) shall apply for reimbursement of the costs to provide the services in accordance with the process established by the commissioner in section 4 of P.L.2025, c.252 (C.18A:46-19.8a).

##### **§ 18A:46-19.8a** Process for reimbursement. {#sec-18a-46-19.8a omnilex-key=us-nj-statutes--title-18a--18A:46-19.8a}

4. a. The commissioner shall establish a process by which school districts are reimbursed for costs, within the limits of available appropriations and the applicable maximum per service aid amounts established pursuant to subsection c. of section 14 of P.L.1977, c.193 (C.18A:46-19.8), that are incurred to provide services for all eligible nonpublic school pupils pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.). The process to be established by the commissioner shall permit school districts to apply for reimbursement payments on a quarterly basis in a manner to be determined by the commissioner. School districts seeking reimbursement for services pursuant to this section shall submit applications for reimbursement on a quarterly basis and adhere to all submission guidelines, accounting and budgeting guidance, documentation requirements, and defined timelines for reimbursement as determined by the commissioner.

b. No later than July 15 of each school year, the commissioner shall notify school districts and nonpublic schools of the details concerning the reimbursement process established pursuant to subsection a. of this section, which details shall include submission guidelines, accounting and budgeting guidance, documentation requirements, and defined timelines for reimbursement. School districts shall be able to first apply for reimbursement beginning on September 1. Notwithstanding the reimbursement process first opening on September 1, a district shall be able to apply for reimbursement for costs incurred prior to September 1, provided that the costs are within the applicable maximum per service aid amounts established pursuant to subsection c. of section 14 of P.L.1977, c.193 (C.18A:46-19.8). Reimbursements shall be made to school districts throughout the school year until the amount annually appropriated as State aid for services provided pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.) has been fully expended in the school year for which the appropriation has been made.

c. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, the commissioner is authorized to withhold all or a portion of the amount of aid that may be retained by a school district for administrative purposes, if the commissioner finds that the district did not apply for reimbursement of costs in a timely manner, in accordance with the defined timelines for reimbursement established by the commissioner pursuant to subsection b. of this section, or otherwise did not properly or efficiently administer funds allocated to the district pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.).

##### **§ 18A:46-19.9** Severability {#sec-18a-46-19.9 omnilex-key=us-nj-statutes--title-18a--18A:46-19.9}

If any provision of this act or the application of such provision to any person or circumstance is declared invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect; and, to this end, the provisions of this act are declared to be severable.

##### **§ 18A:46-19.10** Certain state funds excluded from minimum funding requirement calculation under IDEA {#sec-18a-46-19.10 omnilex-key=us-nj-statutes--title-18a--18A:46-19.10}

1. State funds appropriated pursuant to P.L.1977, c.193 (C.18A:46-19.1 et seq.) to provide special education and related services to students enrolled in nonpublic schools shall not be included by a school district in the calculation of the minimum funding requirement for nonpublic school students under the "Individuals with Disabilities Education Act," 20 U.S.C. s. 1400 et seq.

##### **§ 18A:46-20** Receiving pupils from outside district; establishment of facilities {#sec-18a-46-20 omnilex-key=us-nj-statutes--title-18a--18A:46-20}

The commissioner may, in his discretion, with the approval of the State board:

a. Require any board of education, having the necessary facilities to provide the services required to be provided by this chapter, to receive pupils requiring such services from other districts; or

b. Require any board of education not having the necessary facilities to provide the facilities and services required to be provided pursuant to N.J.S. 18A:46-15b and to receive pupils requiring such services from other districts.

##### **§ 18A:46-21** Tuition for pupils with disabilities. {#sec-18a-46-21 omnilex-key=us-nj-statutes--title-18a--18A:46-21}

Any board of education, jointure commission, or private school for pupils with disabilities which receives pupils from a sending district under this chapter shall determine a tuition rate to be paid by the sending board of education, but in no case shall the tuition rate exceed the actual cost per pupil as determined under rules prescribed by the commissioner and approved by the State Board of Education.

##### **§ 18A:46-21.1** Private school for students with disabilities, eligibility for aid. {#sec-18a-46-21.1 omnilex-key=us-nj-statutes--title-18a--18A:46-21.1}

2. a. In the event that an approved private school for students with disabilities is required to close the school for more than three consecutive school days due to a declared state of emergency, declared public health emergency, or a directive by the appropriate health agency or officer to institute a public health-related closure, the commissioner shall allow the school to apply one or more days of virtual or remote instruction provided to students on the day or days the school was closed to qualify as a day of instruction for the purposes of calculating tuition if the program of virtual or remote instruction meets such criteria as may be established by the commissioner. An approved private school for students with disabilities that wants to use a program of virtual or remote instruction to qualify as a day of instruction for the purposes of calculating tuition shall submit its proposed program of virtual or remote instruction to the commissioner within 30 days of the effective date of P.L.2020, c.27 and annually thereafter, provided however that if the school is unable to complete its proposed program within the 30-day period and the school is required to close for a declared state of emergency, declared public health emergency, or a directive by the appropriate health agency or officer to institute a public health-related closure, the commissioner may retroactively approve the program.

A day of virtual or remote instruction, if instituted under a program approved by the commissioner, shall be considered the equivalent of a full day of school attendance for the purposes of meeting State and local graduation requirements, the awarding of course credit, and such other matters as determined by the commissioner.

Special education and related services, including speech language services, counseling services, physical therapy, occupational therapy, and behavioral services, may be delivered to students with disabilities through the use of electronic communication or a virtual or online platform and as required by the student's Individualized Education Program (IEP), to the greatest extent practicable.

b. In the event that the State or local health department determines that it is advisable to close or mandates closure of an approved private school for students with disabilities due to a declared state of emergency, declared public health emergency, or a directive by the appropriate health agency or officer to institute a public health-related closure, the principal of the school shall have the authority to implement the school's program of virtual or remote instruction.

c. The commissioner shall define virtual and remote instruction and establish guidance for its use. The guidance shall provide schools with information on:

(1) providing instruction to students who may not have access to a computer or to sufficient broadband, or to any technology required for virtual or remote instruction;

(2) the required length of a virtual or remote instruction day;

(3) the impact of virtual or remote instruction on the schedule for administering State assessments; and

(4) such other topics as the commissioner deems necessary.

##### **§ 18A:46-22** Withdrawal of pupils by sending districts. {#sec-18a-46-22 omnilex-key=us-nj-statutes--title-18a--18A:46-22}

Any board of education which has entered or hereafter shall enter its pupils with disabilities in the schools of a receiving district may not withdraw such pupils for the purpose of entering them in the schools of another district unless good and sufficient reason exists for such a change and unless an application therefor is made and approved by the commissioner. Either the receiving or sending board of education, if dissatisfied with the determination of the commissioner on any such application, may appeal to the state board, and, in its discretion, that body may affirm, reverse, or modify the commissioner's determination.

##### **§ 18A:46-23** Transportation of children with disabilities, State aid. {#sec-18a-46-23 omnilex-key=us-nj-statutes--title-18a--18A:46-23}

The board of education shall furnish transportation to all children with disabilities identified pursuant to this chapter who shall qualify therefor pursuant to law and it shall furnish the transportation for a lesser distance also to any child with a disability, if the board finds upon the advice of the examiner, that the disability makes transportation necessary or advisable.

The board of education shall furnish transportation to all children being sent by local boards of education to an approved 12-month program pursuant to N.J.S.18A:46-14, or any other program approved pursuant to N.J.S.18A:46-14 and who qualify therefor pursuant to law, during the entire time the child is attending the program. The board shall furnish transportation for a lesser distance also to a child with a disability, if the board finds upon the advice of the examiner that the disability makes the transportation necessary or advisable.

The school district shall be entitled to State aid for the transportation pursuant to section 15 of P.L.2007, c.260 (C.18A:7F-57) when the necessity for the transportation and the cost and method thereof have been approved by the executive county superintendent of the county in which the district paying the cost of the transportation is situated.

##### **§ 18A:46-24** Agreements for joint facilities, etc.; approval by commissioner {#sec-18a-46-24 omnilex-key=us-nj-statutes--title-18a--18A:46-24}

Any two or more districts may provide for facilities, examinations or transportation under this chapter under the terms of an agreement adopted by resolutions of each of the boards of education concerned setting forth the essential information concerning the facilities, examination or transportation to be provided, the method of apportioning the cost among the districts and of computing the proportion of the state aid to which each district shall be entitled, and any other matters deemed necessary to carry out the purpose of the agreement. No such agreements shall become effective until approved by the commissioner.

##### **§ 18A:46-29** County special services school district. {#sec-18a-46-29 omnilex-key=us-nj-statutes--title-18a--18A:46-29}

1. The board of chosen freeholders of any county may establish a county special services school district for the education and treatment of children with disabilities, pursuant to N.J.S.18A:46-1, upon its finding that the need for such county special services school district exists. Before making any finding as to the existence of such need, the board shall hold at least one public hearing thereon upon not less than 10 days' notice of the time and place thereof published in a newspaper of general circulation in the county. If the board of freeholders, by resolution, authorizes the establishment of such a school district for the county, schools shall be forthwith established and maintained in the county and shall be known as the "schools for special services in the county of" (here insert the name of the county in which the schools are located).

##### **§ 18A:46-30** Rules and regulations {#sec-18a-46-30 omnilex-key=us-nj-statutes--title-18a--18A:46-30}

The State Board of Education shall prescribe rules and regulations for the organization, management and control of such special service schools.

##### **§ 18A:46-31** Powers, duties of special services school district board of education. {#sec-18a-46-31 omnilex-key=us-nj-statutes--title-18a--18A:46-31}

3. a. Any school established pursuant to P.L.1971, c.271 (C.18A:46-29 et al.) shall accept all eligible pupils within the county, so far as facilities permit. Pupils residing outside the county may be accepted should facilities be available only after provision has been made for all eligible pupils within the county. Any child accepted shall be classified pursuant to chapter 46 of Title 18A of the New Jersey Statutes.

b. The board of education of any county special services school district may receive such funds as may be appropriated by the county pursuant to section 13 of P.L.1971, c.271 (C.18A:46-41) and shall be entitled to collect and receive from the sending districts in which the pupils attending the county special services school reside, for the tuition of those pupils, a sum not to exceed the actual cost per pupil as determined for each special education program or for the special services school district, according to rules prescribed by the commissioner and approved by the State board. Whenever funds have been appropriated by the county, the county special services school district may charge a fee in addition to tuition for any pupils who are not residents of the county. The fee shall not exceed the amount of the county's per pupil appropriation to the county special services school district. For each special education program or for the special services school district, the tuition shall be at the same rate per pupil for each sending district whether within or without the county. Ten percent of the tuition amount and the nonresident fee amount, if any, shall be paid on the first of each month from September to June to the receiving district by each sending district. The annual aggregate amount of all tuition may be anticipated by the board of education of the county special services school district with respect to the annual budget of the county special services school district. The amounts of all annual payments or tuition to be paid by any other school district shall be raised in each year in the annual budget of the other school district and paid to the county special services school district.

Tuition charged to the resident district shall be deducted from the resident district's State aid and transferred directly to the county special services district by the Department of Education according to procedures established by the commissioner. The transfers shall equal 1/20th of the tuition charged and shall occur on the same schedule of State aid payments for the resident districts. Beginning in May of the preceding year the county special services district shall report to the department and the resident districts the current enrollments and tuition rates by district. Enrollment changes reported at least 30 days in advance of a scheduled transfer shall be honored.

Unless specifically designated, county special services school districts shall not receive State aid under the provisions of P.L.2007, c.260 (C.18A:7F-43 et al.). The county special services general fund budget, exclusive of any county contribution, shall not exceed the general fund budget, exclusive of any county contribution, in the prebudget year adjusted by the CPI or three percent, whichever is greater, plus an enrollment factor.

An undesignated general fund balance of 10 percent of the general fund budget exclusive of tuition adjustments of prior years may be maintained. For the years 1997-98 through 2001-2002, State aid shall be provided to fund tuition losses when placements drop by more than five percent between the budget year and prebudget year. State aid shall equal the difference between 95 percent of the prebudget year enrollment on May 1 preceding the prebudget year multiplied by the budget year tuition rate and actual enrollments on May 1 preceding the budget year multiplied by the budget year tuition rate.

c. The board of education of any county special services school district, with the approval of the board of chosen freeholders of the county, may provide for the establishment, maintenance and operation of dormitory and other boarding care facilities for pupils in conjunction with any one or more of its schools for special services, and the board shall provide for the establishment, maintenance and operation of such health care services and facilities for the pupils as the board shall deem necessary.

d. (Deleted by amendment, P.L.1991, c.62).

##### **§ 18A:46-32** Approval of program and courses of study {#sec-18a-46-32 omnilex-key=us-nj-statutes--title-18a--18A:46-32}

The program and courses of study to be pursued in such special services school and all changes therein shall be approved by the Commissioner of Education, with the advice and consent of the State Board of Education.

##### **§ 18A:46-33** Priority of types of courses of study {#sec-18a-46-33 omnilex-key=us-nj-statutes--title-18a--18A:46-33}

Courses of study should be pursued to provide as a first priority, programs or courses of study not at that time available in any other school within the county especially for those with unusually severe disability or those with unusual multi-disability. Then courses of study should be pursued, as deemed necessary by the Commissioner of Education which may be available at that time but where there is not sufficient capacity available at that time to accommodate all the students identified and classified as requiring these courses of study.

##### **§ 18A:46-34** School year {#sec-18a-46-34 omnilex-key=us-nj-statutes--title-18a--18A:46-34}

The school year for a county special services school district shall begin on July 1 and end June 30.

##### **§ 18A:46-35** Board of education; composition; terms; vacancies {#sec-18a-46-35 omnilex-key=us-nj-statutes--title-18a--18A:46-35}

For each county special services school district established in accordance with this act there shall be a board of education consisting of the county superintendent of schools, ex officio, and six persons to be appointed by the director of the board of chosen freeholders with the advice and consent of the remaining members of such board. In any county having a county mental health board, the chairman thereof, or his designee, shall also serve as an ex-officio member of the board of education but shall not be entitled to vote on any matter before the board. The appointive members shall serve for terms of 3 years commencing as of July 1 of the calendar year in which they are appointed and to continue until their successors are appointed and qualify, except that of those first appointed two shall be appointed for terms of 1 year, two for 2 years, and two for 3 years.

Vacancies in the board caused by the death, resignation or removal of a member shall be reported forthwith by the secretary of the board to the director of the board of chosen freeholders, who, by the next regular meeting of the board of chosen freeholders and in the manner herein prescribed for making appointments for a full term, shall appoint a person to fill the vacancy for the unexpired term.

##### **§ 18A:46-36** Qualifications of board members {#sec-18a-46-36 omnilex-key=us-nj-statutes--title-18a--18A:46-36}

A member of the board of education created under the provisions hereof shall be a citizen and a resident of the county, shall have been such citizen and resident for at least 2 years immediately preceding his becoming a member of the board, and shall have shown an interest in children with an unusual disability to learn or in the field of mental health.

##### **§ 18A:46-37** Organization {#sec-18a-46-37 omnilex-key=us-nj-statutes--title-18a--18A:46-37}

Each board of education for a county special services school district shall organize annually by the election of a president and vice-president on any day, except a Sunday, during the first two weeks of July.

##### **§ 18A:46-38** Designation and powers of board of education {#sec-18a-46-38 omnilex-key=us-nj-statutes--title-18a--18A:46-38}

10. The board of education provided for herein shall be a body corporate and shall be known as "The Board of Education of the Special Services School District of the county of ," (here insert the name of the county in which such school shall be located). The board shall organize and operate in the manner provided by law and shall have the power to appoint or employ such officers, agents and employees as may be required to carry out the provisions of P.L.1971, c.271 and to fix and determine their qualifications, duties, compensation, terms of office and all other conditions and terms of employment and retention. In addition, the board shall have all the powers as are now or may hereafter be provided by law and applicable for other school districts, subject to the additional restrictions provided by this act.

##### **§ 18A:46-39** Board of school estimate {#sec-18a-46-39 omnilex-key=us-nj-statutes--title-18a--18A:46-39}

The board of school estimate of such county special services school district shall consist of two members of the board of education of the school district appointed by the board, two members of the board of chosen freeholders of the county appointed by that board, and the director of the board of chosen freeholders. The appointments shall be made annually between January 1 and January 15. In case of a vacancy occurring in the board by reason of the resignation, death or removal of any appointed member, the vacancy shall be filled immediately by the board which originally appointed the member, by appointing another of its members to fill the vacancy. The secretary of the board of education of the county special services school district shall be the secretary of the board of school estimate, but shall receive no compensation as such.

##### **§ 18A:46-40** Estimate of general fund expenses {#sec-18a-46-40 omnilex-key=us-nj-statutes--title-18a--18A:46-40}

12. On or before the fourth Tuesday in March in each year the board of education of a county special services school district shall prepare and deliver to each member of the board of school estimate an itemized statement of the amount of money estimated to be necessary for the general fund expenses of the county special services school district for the ensuing school year.

##### **§ 18A:46-41** Appropriation for current expenses {#sec-18a-46-41 omnilex-key=us-nj-statutes--title-18a--18A:46-41}

13. a. Between the fourth Tuesday in March and April 8 in each year the board of school estimate shall fix and determine by official action taken at a public meeting of the board the amount of money necessary to be appropriated for the use of the county special services school district for the ensuing school year.

b. The board of school estimate shall, on or before the last named date, make two certificates of the amount, signed by at least three of its members, one of which certificates shall be delivered to the board of education of the county special services school district and the other to the board of chosen freeholders of the county.

c. The board of chosen freeholders shall, upon receipt of the certificate, appropriate, in the same manner as other appropriations are made by it, the amount so certified, and the amount shall be assessed, levied, and collected in the same manner as moneys appropriated for other purposes in the county are assessed, levied, and collected, unless such amount is to be raised as otherwise hereinafter provided in this act.

##### **§ 18A:46-42** Bonds, appropriation for land or buildings {#sec-18a-46-42 omnilex-key=us-nj-statutes--title-18a--18A:46-42}

14. Whenever a board of education of a county special services school district shall decide that it is necessary to sell bonds to raise money for the purchase of lands or buildings for school purposes or for erecting, enlarging, improving, repairing, or furnishing a building or buildings for the use of the school district, it shall prepare and deliver to each member of the board of school estimate a statement of the amount of money estimated to be necessary for such purpose or purposes.

The board of school estimate shall fix and determine the necessary amount and shall make two certificates thereof, one of which certificates shall be delivered to the board of education and the other to the board of chosen freeholders of the county.

The board of chosen freeholders may appropriate and borrow such amount for the purpose or purposes aforesaid by issuance of bonds or notes of the county pursuant to the Local Bond Law, notwithstanding any debt or limitation or requirement for down payment therein provided for. The proceeds of the sale of such obligations shall be paid to the treasurer of the county special services school district and shall be paid out by him only on the warrants or orders of the board of education of the county special services school district. The treasurer shall in no event disburse such proceeds, except to pay the expense of issuing and selling such obligations and for the purpose or purposes for which such obligations were issued. If for any reason any part of such proceeds are not applied to or necessary for such purpose or purposes, the board of education of the county special services school district may transfer the balance remaining unapplied to the general fund of the school district.

##### **§ 18A:46-43** Rights and privileges of teachers, principals and employees {#sec-18a-46-43 omnilex-key=us-nj-statutes--title-18a--18A:46-43}

All teachers, principals, and other employees of the board of education of the county special services school district are hereby held to possess all rights and privileges of teachers, principals and other employees of boards of education of other school districts as provided in Title 18A of the New Jersey Statutes.

##### **§ 18A:46-45** Advisory committee {#sec-18a-46-45 omnilex-key=us-nj-statutes--title-18a--18A:46-45}

The board of education of any county special services school district shall appoint an advisory committee of not less than 10 members consisting of representatives of recognized parent and professional organizations working exclusively for the children classified as having unusual disability, as well as at least one psychiatrist, one psychologist, one social worker, and, in any county in which the commissioner has established a department of child study, the county child study supervisor. The committee shall meet at least four times per year to consider matters referred to it by the board and to make recommendations to the board.

##### **§ 18A:46-46** Treasurer of board of education {#sec-18a-46-46 omnilex-key=us-nj-statutes--title-18a--18A:46-46}

The board of education of any county special services school district may appoint a treasurer, who shall not be a member of the board of education, and fix his salary and term of office. The treasurer shall give bonds in such amounts and with such securities as the board shall determine.

##### **§ 18A:46-47** Establishment of one board of education for county special services, vocational school district. {#sec-18a-46-47 omnilex-key=us-nj-statutes--title-18a--18A:46-47}

1. a. Notwithstanding any provisions of law to the contrary, a board of chosen freeholders may, by resolution, establish one board of education for the county special services school district established pursuant to section 1 of P.L.1971, c.271 (C.18A:46-29) and the county vocational school district established pursuant to chapter 54 of Title 18A of the New Jersey Statutes. This board of education shall be known as "The Board of Education of the Special Services School District and the Vocational School District of the county of...." This board shall have all the powers, functions and duties provided to a board of education of a county special services school district pursuant to article 8 of chapter 46 of Title 18A of the New Jersey Statutes and a board of education of a county vocational school district pursuant to article 3 of chapter 54 of Title 18A of the New Jersey Statutes.

b. The consolidated board of education established pursuant to subsection a. of this section shall consist of the county superintendent of schools, ex officio, and six persons to be appointed by the chief elected executive officer of the county, or the director of the board of chosen freeholders, with the advice and consent of the remaining members of the board of chosen freeholders, as appropriate to the appointment procedures established by the form of government of the county. In any county having a county mental health board, the chairman thereof, or his designee, shall also serve as an ex-officio, nonvoting member of the board. At least three of the appointed members shall have an interest in children with an educational disability or in the field of mental health and at least three of the appointed members shall have an interest in the field of vocational education. The appointed members shall serve for terms of three years and shall continue to serve until their successors are appointed and qualify. A vacancy in the board shall be deemed to exist, and shall be filled, in the manner prescribed in P.L.1979, c.302 (C.40A:9-12.1).

Each appointed member shall be a citizen and resident of the county and shall have been a citizen and resident for at least two years immediately preceding becoming a member of the board. If an appointed member ceases to be a resident of the county, membership on the board shall cease.

c. Of the initial members appointed to the board of education established pursuant to subsection a. of this section, two shall serve a one-year term, two shall serve a two-year term, and two shall serve a three-year term. Thereafter when a term of one of the appointed members expires, the vacancy shall be filled as provided pursuant to this section and the member shall serve a three-year term from November 1 next succeeding the date of his appointment.

##### **§ 18A:46-48** Existing boards dissolved. {#sec-18a-46-48 omnilex-key=us-nj-statutes--title-18a--18A:46-48}

2. Whenever a board of education is established pursuant to subsection a. of section 1 of this act, the board of education of the county special services school district and the board of education of the county vocational school district shall be dissolved upon the first organization of the consolidated board.

##### **§ 18A:46-49** Annual organization. {#sec-18a-46-49 omnilex-key=us-nj-statutes--title-18a--18A:46-49}

3. Each board of education established pursuant to subsection a. of section 1 of this act shall organize annually on July 1 by the election of a president and vice-president, unless July 1 falls on Sunday, in which case the board shall organize on the following day.

If the organization meeting cannot take place on the day hereinabove provided for by reason of a lack of a quorum or for any other reason, the meeting shall be held within 3 days thereafter.

##### **§ 18A:46-50** Certain school districts remain independent. {#sec-18a-46-50 omnilex-key=us-nj-statutes--title-18a--18A:46-50}

4. Nothing in this act shall be deemed to authorize the consolidation of a county special services school district and a county vocational school district into one school district. If a consolidated board of education is established pursuant to subsection a. of section 1 of this act, the county special services school district and the county vocational school district shall continue to be funded, operated, and maintained as independent school districts.

##### **§ 18A:46-51** Employees transferred to consolidated school board. {#sec-18a-46-51 omnilex-key=us-nj-statutes--title-18a--18A:46-51}

5. All employees of a board of education dissolved pursuant to this act shall continue in their respective assignments in the county special services school district or the county vocational school district. A consolidated board of education established pursuant to this act shall recognize, preserve, and maintain all rights to tenure, seniority, pension, leaves of absence, and all other terms and conditions of employment, whether created by statute, regulation, contract, or past practice. Any periods of employment with a board of education dissolved pursuant to this act shall count toward the acquisition of tenure and any other rights, benefits, or emoluments to the same extent as if all employment had been with the consolidated board of education established pursuant to this act.

##### **§ 18A:46-52** Maintenance of collective bargaining unit, representatives. {#sec-18a-46-52 omnilex-key=us-nj-statutes--title-18a--18A:46-52}

6. All collective bargaining units and their respective majority representatives in existence in the county special services school district and the county vocational school district prior to the consolidation of the boards of education shall be maintained without change under a consolidated board of education established pursuant to this act, unless they are otherwise altered through an appropriate petition to the Public Employment Relations Commission for a change in representation or bargaining units.

##### **§ 18A:46-53** Reference to consolidated board. {#sec-18a-46-53 omnilex-key=us-nj-statutes--title-18a--18A:46-53}

7. If a board of chosen freeholders establishes a board of education pursuant to subsection a. of section 1 of this act, whenever in any law, rule, regulation, contract, document, judicial or administrative proceeding or otherwise, reference is made to the board of education of the county special services school district, the same shall mean and refer to the consolidated board.

##### **§ 18A:46-54** Regulations requiring plan to establish stability in special education programming. {#sec-18a-46-54 omnilex-key=us-nj-statutes--title-18a--18A:46-54}

1. The State Board of Education shall promulgate regulations to require school districts to develop a plan to establish stability in special education programming. The plan shall take into account the consistency of the location, curriculum, and staffing in the provision of special education programs and services.

The State board regulations shall also require that when developing an individualized education program (IEP) with the parent or guardian of a student who is prone to regression due to frequent changes in location including, but not limited to, students diagnosed with autism spectrum disorder, the IEP team shall consider, among other factors, the consistency of the location of services when determining in-district special education placements.

##### **§ 18A:46-55** Regulations incorporating definition of dyslexia. {#sec-18a-46-55 omnilex-key=us-nj-statutes--title-18a--18A:46-55}

1. The State Board of Education shall promulgate regulations that incorporate the International Dyslexia Association's definition of dyslexia into chapter 14 of Title 6A of the New Jersey Administrative Code.

## **Chapter 46A** {#struct-chapter-46a}

##### **§ 18A:46A-1** Legislative findings and determinations. {#sec-18a-46a-1 omnilex-key=us-nj-statutes--title-18a--18A:46A-1}

The Legislature hereby finds and declares that:

a. The welfare of the State requires that present and future generations of school age children be assured opportunity to develop to the fullest their intellectual capacities. It is the intent of this Legislature to ensure that the State shall furnish on an equal basis auxiliary services to all pupils in the State in both public and nonpublic schools.

b. The annual appropriations to provide services pursuant to P.L.1977, c.192 (C.18A:46A-1 et seq.) should be fully expended each year to support nonpublic school students.

c. The maximum per service aid amounts established by the commissioner are to be calculated in accordance with the provisions of P.L.1977, c.192 (C.18A:46A-1 et seq.) in order to maintain the quality of services provided to eligible nonpublic students and the overall sustainability of the program.

##### **§ 18A:46A-2** Definitions {#sec-18a-46a-2 omnilex-key=us-nj-statutes--title-18a--18A:46A-2}

As used in this act:

a. "Commissioner" means the State Commissioner of Education.

b. "Nonpublic school" means an elementary or secondary school within the State, other than a public school, offering education for grades kindergarten through 12, or any combination of them, wherein any child may legally fulfill compulsory school attendance requirements and which complies with the requirements of Title VI of the Civil Rights Act of 1964 (P.L.88-352).

c. "Auxiliary services" means compensatory education services for the improvement of students' computation skills; compensatory education services for the improvement of students' communication skills; supportive services for acquiring communication proficiency in the English language for children of limited English-speaking ability; and home instruction services.

d. (Deleted by P.L.1990, c.52).

e. "Compensatory education services" means preventive and remedial programs offered during the normal school day, or in programs offered beyond the normal school day or during summer vacation, which are integrated and coordinated with programs operated during the regular school day and year. The programs shall be approved by the State Board of Education, supplemental to the regular programs and designed to assist pupils who have academic needs that prevent them from succeeding in regular school programs.

##### **§ 18A:46A-3** Nonpublic schools; receipt of auxiliary services by pupils in school in district {#sec-18a-46a-3 omnilex-key=us-nj-statutes--title-18a--18A:46A-3}

In the 1977-78 school year, and each school year thereafter each board of education of a district in which a nonpublic school is located shall provide for the receipt of auxiliary services by children between the ages of five and 20 residing in the State and enrolled full-time in a nonpublic school located within the district.

For the purposes of this act, a child who boards at a school in a district in which his parents do not maintain a residence shall not be considered a resident of the district.

##### **§ 18A:46A-4** Eligibility for auxiliary services {#sec-18a-46a-4 omnilex-key=us-nj-statutes--title-18a--18A:46A-4}

Auxiliary services shall be provided only to those children who would be eligible for such services if they were enrolled in the public schools of the State.

##### **§ 18A:46A-5** Provision of auxiliary services. {#sec-18a-46a-5 omnilex-key=us-nj-statutes--title-18a--18A:46A-5}

5. Auxiliary services shall be provided only upon the consent of the parent or guardian and shall be provided in a location determined by the local board of education.

##### **§ 18A:46A-6** Transportation to location or maintenance of vehicular classrooms to obtain services; payment of cost. {#sec-18a-46a-6 omnilex-key=us-nj-statutes--title-18a--18A:46A-6}

6. If the provision of services pursuant to P.L.1977, c.192 (C.18A:46A-1 et seq.) requires transportation or the maintenance of vehicular classrooms, the board of education of the district in which a nonpublic school is located shall provide for such transportation and maintenance, and the cost shall be reimbursed to the district in the form of additional State aid received by the district for the purpose of P.L.1977, c.192 (C.18A:46A-1 et seq.).

##### **§ 18A:46A-7** Contract with certain agencies for provision of auxiliary services. {#sec-18a-46a-7 omnilex-key=us-nj-statutes--title-18a--18A:46A-7}

7. Any board of education may contract with an educational improvement center, an educational services commission or other public or private agency, other than a church or sectarian school, approved by the commissioner for the provision of auxiliary services. Prior to any change in the provision of these services, the board shall provide timely and meaningful consultation with appropriate nonpublic school representatives, including parents.

##### **§ 18A:46A-8** Limitation on expenditures for administration of act and rental of facilities. {#sec-18a-46a-8 omnilex-key=us-nj-statutes--title-18a--18A:46A-8}

8. No more than six percent of the aid received by any district pursuant to P.L.1977, c.192 (C.18A:46A-1 et seq.) shall be used by the district for administration of the act, and no more than 18 percent of the aid shall be used to rent facilities needed to implement the provisions of P.L.1977, c.192 (C.18A:46A-1 et seq.). Notwithstanding the provisions of any other law, rule, or regulation to the contrary, the commissioner is authorized to withhold all or a portion of the amount of aid retained by a school district pursuant to this section, if the commissioner finds that the district did not apply for reimbursement of costs in a timely manner, in accordance with the defined timelines for reimbursement established by the commissioner pursuant to section 9 of P.L.2025, c.252 (C.18A:46A-9.1), or otherwise did not properly or efficiently administer funds allocated to the district pursuant to P.L.1977, c.192 (C.18A:46A-1 et seq.).

##### **§ 18A:46A-9** Apportionment of State aid; calculation. {#sec-18a-46a-9 omnilex-key=us-nj-statutes--title-18a--18A:46A-9}

9. (1) The allocation of State aid to local school districts for services provided pursuant to P.L.1977, c.192 (C.18A:46A-1 et seq.) shall be determined by the commissioner in a manner consistent with the provisions of this section, and the aid shall be distributed to school districts pursuant to section 9 of P.L.2025, c.252 (C.18A:46A-9.1). In allocating State aid, the commissioner shall establish maximum per service aid amounts for providing the equivalent service to children of limited English-speaking ability, compensatory education, and home instruction. The maximum per service aid amounts shall be determined by dividing the amount annually appropriated to provide services provided pursuant to P.L.1977, c.192 (C.18A:46A-1 et seq.) by the average number of documented services delivered in the prior three school years. In the second full school year following the date of enactment of P.L.2025, c.252 (C.18A:46-19.8a et al.) and every third school year thereafter, the commissioner shall cause a survey to be conducted, which shall collect from service providers information as the commissioner deems necessary to calculate the average and range of costs incurred to provide services pursuant to P.L.1977, c.192 (C.18A:46A-1 et seq.). The commissioner shall report the findings of the survey to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and shall use the report to inform recommendations on the annual appropriation to provide services pursuant to P.L.1977, c.192 (C.18A:46A-1 et seq.).

(2) In distributing State aid for services pursuant to P.L.1977, c.192 (C.18A:46A-1 et seq.), the commissioner shall also ensure that, to the greatest extent possible, the amounts annually appropriated are fully exhausted by the end of the school year for which the maximum amounts are established and that the amounts appropriated are equitably distributed among school districts applying for reimbursement pursuant to section 9 of P.L.2025, c.252 (C.18A:46A-9.1). To the extent permitted by federal law, the commissioner may establish limits on the duration and frequency of each auxiliary service provided pursuant to P.L.1977, c.192 (C.18A:46A-1 et seq.) in order to ensure that the greatest number of eligible students are provided the services throughout the school year and that, to the greatest extent possible, the amount annually appropriated for the services is available to reimburse school districts during the entirety of the school year. The maximum per service aid amounts, and any limits established by the commissioner on the duration and frequency of auxiliary services, shall be disseminated by the commissioner to school districts and nonpublic schools no later than July 15 of the school year.

A school district seeking State aid for services provided pursuant to P.L.1977, c.192 (C.18A:46A-1 et seq.) shall apply for reimbursement of the costs to provide the services in accordance with the process established by the commissioner in section 9 of P.L.2025, c.252 (C.18A:46A-9.1).

a. (Deleted by amendment, P.L.2025, c.252)

b. (Deleted by amendment, P.L.2025, c.252)

c. (Deleted by amendment, P.L.2025, c.252)

##### **§ 18A:46A-9.1** Process for reimbursement. {#sec-18a-46a-9.1 omnilex-key=us-nj-statutes--title-18a--18A:46A-9.1}

9. a. The commissioner shall establish a process by which school districts are reimbursed for costs, within the limits of available appropriations and the applicable maximum per service aid amounts established pursuant to section 9 of P.L.1977, c.192 (C.18A:46A-9), that are incurred to provide services for eligible nonpublic school students pursuant to P.L.1977, c.192 (C.18A:46A-1 et seq.). The process to be established by the commissioner shall permit school districts to apply for reimbursement payments on a quarterly basis in a manner to be determined by the commissioner. School districts seeking reimbursement for services pursuant to this section shall submit applications for reimbursement on a quarterly basis and adhere to all submission guidelines, accounting and budgeting guidance, documentation requirements, and defined timelines for reimbursement as determined by the commissioner.

b. No later than July 15 of each school year, the commissioner shall notify school districts and nonpublic schools of the details concerning the reimbursement process established pursuant to subsection a. of this section, which details shall include submission guidelines, accounting and budgeting guidance, documentation requirements, and defined timelines for reimbursement. School districts shall be able to first apply for reimbursement beginning on September 1. Notwithstanding the reimbursement process first opening on September 1, a district shall be able to apply for reimbursement for costs incurred prior to September 1, provided that the costs are within the applicable maximum per service aid amounts established pursuant to section 9 of P.L.1977, c.192 (C.18A:46A-9). Reimbursements shall be made to school districts throughout the school year until the amount annually appropriated as State aid for services provided pursuant to P.L.1977, c.192 (C.18A:46A-1 et seq.) has been fully expended in the school year for which the appropriation has been made.

##### **§ 18A:46A-10** Annual report; contents. {#sec-18a-46a-10 omnilex-key=us-nj-statutes--title-18a--18A:46A-10}

13. Annually, on or before November 5, each board shall file a report on the number of such pupils who have been identified as eligible to receive each auxiliary service as of the last school day in October. The commissioner may require any additional data collection as may be necessary to ensure that the maximum per service aid amounts established pursuant to section 9 of P.L.1977, c.192 (C.18A:46A-9) are reflective of the number of students eligible for each applicable service provided pursuant to P.L.1977, c.192 (C.18A:46A-1 et seq.).

##### **§ 18A:46A-15** Expenditures in excess of State aid. {#sec-18a-46a-15 omnilex-key=us-nj-statutes--title-18a--18A:46A-15}

18. In any year, no district shall be required to make expenditures for the provision of an auxiliary service provided for the purposes of P.L.1977, c.192 (C.18A:46A-1 et seq.) in excess of the maximum per service aid amount determined by the commissioner pursuant to section 9 of P.L.1977, c.192 (C.18A:46A-9) for that year.

##### **§ 18A:46A-17** Severability {#sec-18a-46a-17 omnilex-key=us-nj-statutes--title-18a--18A:46A-17}

If any provision of this act or the application of such provision to any person or circumstance is declared invalid, such invalidity shall not affect other provisions of this act which may be given effect; and to this end, the provisions of this act are declared to be severable.

## **Chapter 47** {#struct-chapter-47}

##### **§ 18A:47-1** Establishment; purposes {#sec-18a-47-1 omnilex-key=us-nj-statutes--title-18a--18A:47-1}

The board of education of a school district may establish and maintain a special school of instruction for the purpose of restraining, instructing, and caring for dependent and delinquent children under 16 years of age, committed to the school by the Superior Court, Chancery Division, Family Part. Such special school shall be deemed to be a part of the public school system of the school district in or by which it has been established.

##### **§ 18A:47-2** Location of school outside of district {#sec-18a-47-2 omnilex-key=us-nj-statutes--title-18a--18A:47-2}

If, in the judgment of the board of education, it will best serve the purposes of such special school, the board may purchase land and locate the school outside the school district.

##### **§ 18A:47-3** Approval by state board of establishment and location. {#sec-18a-47-3 omnilex-key=us-nj-statutes--title-18a--18A:47-3}

Such special school of instruction shall not be established, nor its location determined without the approval of the state board.

##### **§ 18A:47-4** Pupils to be admitted; court order {#sec-18a-47-4 omnilex-key=us-nj-statutes--title-18a--18A:47-4}

Such special school shall receive, restrain, and instruct dependent delinquent children, and children under the age of 16 years, committed to such school by the Superior Court, Chancery Division, Family Part pursuant to the "New Jersey Code of Youth Justice," P.L.1982, c. 77 (C.2A:4A-20 et seq.).

If in the judgment of the court the best interests of a child demand that the special school have the entire charge and control of the child, the court may take the custody of the child from its parents or guardian and give it, for an indeterminate period, to the board of education having control of the special school. When in the judgment of the board the conduct of the child has so improved that it should be permitted to attend the regular public schools, it may return the child to the custody of its parents or guardian.

Any child, under the age of 16 years, arrested for any cause except murder or manslaughter, and pupils habitually truant or incorrigible, may, by order of the Family Part be held in the school until final judgment.

##### **§ 18A:47-5** Commitment to school in another district. {#sec-18a-47-5 omnilex-key=us-nj-statutes--title-18a--18A:47-5}

Children who are dependent and delinquent, or who are habitually truant or incorrigible, or who shall be found by the court to require special instruction, and who reside in a school district in which there is no such special school of instruction may be committed to such a special school of instruction maintained in another district. The board of education of the receiving district shall be entitled to collect and receive from the board of education of the sending district such sum for the tuition and maintenance of such children as the boards shall agree to, but not in excess of the actual cost per pupil as determined according to rules of the commissioner approved by the State board. The board of education of the sending district shall issue an order, payable from any funds available for current expenses, for such sum in favor of the secretary or treasurer of school moneys, as appropriate, of the school district maintaining the school to which the child shall have been committed.

##### **§ 18A:47-6** Character of training {#sec-18a-47-6 omnilex-key=us-nj-statutes--title-18a--18A:47-6}

Each such special school of instruction shall be conducted for the well-being and safe custody of children committed to it, and for their training and education for good citizenship and self-support. There shall be ample ground for farming and gardening, and shops and other means for industrial training shall be provided. The school shall, as far as possible, be conducted as a home. There shall be a superintendent and the teachers and other employees necessary for the proper conduct of the school. The superintendent shall reside in the school. Teachers in such school shall be required to hold such certificates to teach as are required of teachers in the public schools.

##### **§ 18A:47-7** Rules; courses of study {#sec-18a-47-7 omnilex-key=us-nj-statutes--title-18a--18A:47-7}

Rules for the government and management of each such special school of instruction, and the course or courses of study to be pursued therein shall be prescribed by the board of education of the school district in which the school is established. The rules and courses of study, and any change therein, shall be submitted to the state board for approval.

##### **§ 18A:47-8** Contribution by parents toward the support of delinquents {#sec-18a-47-8 omnilex-key=us-nj-statutes--title-18a--18A:47-8}

Whenever a person is committed to such a special school the judge making the adjudication shall inquire into the family conditions and circumstances surrounding the delinquent. If in his opinion the parents of the delinquent are of sufficient ability to maintain him, the judge may include in the order of commitment an order requiring them to pay to the board of education of the district such sum toward the support, maintenance, and clothing of the delinquent, as in the discretion of the judge may be proper. The order for payment may be enforced by attachment as for a contempt of the court.

##### **§ 18A:47-9** Use of moneys available for general fund expenses {#sec-18a-47-9 omnilex-key=us-nj-statutes--title-18a--18A:47-9}

Any money available for the general fund expenses of the public schools in a district in which such a special school of instruction has been established may be used for the general fund expenses of the school.

##### **§ 18A:47-10** Funds for building and equipment {#sec-18a-47-10 omnilex-key=us-nj-statutes--title-18a--18A:47-10}

Moneys for the purchase of land, the erection of buildings, the enlarging or repairing of buildings, and the purchase of furniture and other necessary equipment for such special schools of instruction, shall be appropriated in the same manner as moneys are appropriated for the erection and furnishing of schoolhouses.

##### **§ 18A:47-11** Annual report to state board {#sec-18a-47-11 omnilex-key=us-nj-statutes--title-18a--18A:47-11}

At the end of each school year a special report for each special school of instruction shall be made to the state board in the manner and form prescribed by it.

##### **§ 18A:47-12** Reports by superintendent {#sec-18a-47-12 omnilex-key=us-nj-statutes--title-18a--18A:47-12}

The superintendent of a special school of instruction shall, when required, present to the Superior Court, Chancery Division, Family Part a report concerning the conduct and maintenance of the school and the number of pupils therein and such other information as the court shall require.

##### **§ 18A:47-13** Construction of chapter {#sec-18a-47-13 omnilex-key=us-nj-statutes--title-18a--18A:47-13}

Nothing in this chapter shall be construed to alter or diminish any of the powers conferred on the Superior Court, Chancery Division, Family Part by any other legislation.

## **Chapter 48** {#struct-chapter-48}

##### **§ 18A:48-1** Establishment; number and duration of sessions; state aid {#sec-18a-48-1 omnilex-key=us-nj-statutes--title-18a--18A:48-1}

The board of education of any school district may establish and maintain public evening schools for the instruction of persons over 16 years of age. Unless such evening schools are maintained for at least 64 evening sessions of at least 2 hours each in each year and at least 3 evening sessions each week, the amount of State school aid payable to such district for the ensuing year shall be determined without including therein any sum for evening school pupils. Each board of education may, to the extent its facilities will permit and subject to the regulations of the Department of Education, accept students who are residents of any other school district in the State. For the purposes of calculating State school aid for approved public evening schools, the number of students shall be the sum of the resident and nonresident students.

##### **§ 18A:48-2** Expenses; how paid {#sec-18a-48-2 omnilex-key=us-nj-statutes--title-18a--18A:48-2}

The expenses of the evening schools shall be paid out of money available for the general fund expenses of the schools, in the same manner and under the same restrictions as the expenses of day schools are paid.

## **Chapter 49** {#struct-chapter-49}

##### **§ 18A:49-1** Establishment; courses of study {#sec-18a-49-1 omnilex-key=us-nj-statutes--title-18a--18A:49-1}

The board of education of any school district may establish and maintain a public evening school or evening schools for the instruction of foreign-born residents of the district over 14 years of age, in the English language and in the form of government and the laws of this state and of the United States. The course of study in each of such schools and any changes therein shall be submitted to and approved by the state board.

##### **§ 18A:49-2** Rules; teachers {#sec-18a-49-2 omnilex-key=us-nj-statutes--title-18a--18A:49-2}

The state board shall prescribe rules for the proper control and management of such schools, for the inspection thereof, for the issuance of certificates to teach therein, and for carrying into effect the purposes of this chapter. Every teacher employed in such a school shall hold a special teacher's certificate.

##### **§ 18A:49-3** State aid. {#sec-18a-49-3 omnilex-key=us-nj-statutes--title-18a--18A:49-3}

When in any school district there shall have been raised for such purposes, by appropriation and taxation, or by subscription, or both, a sum which in the judgment of the State board shall be sufficient for the maintenance in the district of such an evening school or schools, wherein the course of study or any changes therein shall have been approved by the State board, there shall be paid to the secretary or treasurer of school moneys, as appropriate, of the district toward the maintenance of such evening school or schools, on the order of the commissioner, an amount equal to that so raised, but not exceeding the sum of $5,000.00 in any one year. The amount shall be paid by the State treasurer on the warrant of the director of the division of budget and accounting.

##### **§ 18A:49-4** Apportionment of appropriations {#sec-18a-49-4 omnilex-key=us-nj-statutes--title-18a--18A:49-4}

Whenever the amount of money appropriated by the state for such evening schools in any year is less than the amount legally applied for by the school districts, there shall be paid to each district its proportionate share of the amount applied for, based on the ratio of the amount of the appropriation for that year to the total amount applied for.

##### **§ 18A:49-5** Custody of moneys. {#sec-18a-49-5 omnilex-key=us-nj-statutes--title-18a--18A:49-5}

The secretary or treasurer of school moneys, as appropriate, of the school district shall be the legal custodian of all funds appropriated, raised, or subscribed for the maintenance of such evening schools. He shall keep a separate and distinct account thereof, and shall disburse the moneys on orders signed by the president and secretary of the board of education and the chief school administrator or by the treasurer of school moneys, as appropriate to the district.

##### **§ 18A:49-6** Report to commissioner {#sec-18a-49-6 omnilex-key=us-nj-statutes--title-18a--18A:49-6}

The board of education of any school district receiving state aid for the purpose mentioned in this chapter shall annually, on or before August 1, make a special report to the commissioner in the manner and form prescribed by him.

##### **§ 18A:49-7** Appointment of persons to assist state board {#sec-18a-49-7 omnilex-key=us-nj-statutes--title-18a--18A:49-7}

The state board may, from time to time, appoint suitable persons to assist in carrying out the provisions of this chapter and to encourage the establishment of such evening schools. The persons so appointed shall receive no compensation for their services, but shall be paid the necessary expenses incurred by them under the provisions of this chapter.

##### **§ 18A:49-8** Payment of expenses {#sec-18a-49-8 omnilex-key=us-nj-statutes--title-18a--18A:49-8}

The expenses incurred in carrying out the provisions of this chapter shall be paid by the state treasurer on the warrant of the director of the division of budget and accounting. No expense shall be incurred nor payment made for any of the purposes named in this chapter until an appropriation therefor shall have been made.

## **Chapter 50** {#struct-chapter-50}

##### **§ 18A:50-1** Maintenance of program {#sec-18a-50-1 omnilex-key=us-nj-statutes--title-18a--18A:50-1}

The board of education of any school district may maintain a program of adult education and utilize buildings, equipment, and other school facilities of the district for such purpose. The board shall determine the courses, which are to be offered, subject to the approval of the commissioner, with the consent of the state board.

##### **§ 18A:50-2** Tuition {#sec-18a-50-2 omnilex-key=us-nj-statutes--title-18a--18A:50-2}

The board of education of any district offering adult education courses shall be entitled to charge and collect from persons taking such courses, whether residing within or without the district, for tuition a sum not exceeding the actual cost per pupil as determined according to rules prescribed by the commissioner and approved by the state board.

##### **§ 18A:50-3** Apportionment of federal funds and state moneys for adult education {#sec-18a-50-3 omnilex-key=us-nj-statutes--title-18a--18A:50-3}

Moneys allotted to this state by the federal government which are to be devoted to the object set forth in this chapter, together with moneys and apportionments made available under this chapter, shall be apportioned by the commissioner under rules approved by the state board.

##### **§ 18A:50-4** Donation and tuition fees; disposition {#sec-18a-50-4 omnilex-key=us-nj-statutes--title-18a--18A:50-4}

All income derived from donations and from tuition fees charged for furnishing adult education courses shall be applied by the board of education receiving the same exclusively for carrying out a program of adult education.

##### **§ 18A:50-5** Custodian of moneys; accounting and disbursement. {#sec-18a-50-5 omnilex-key=us-nj-statutes--title-18a--18A:50-5}

The secretary or treasurer of school moneys, as appropriate, of each school district shall be the legal custodian of all funds allocated by the board of education and received from tuition fees or from any other source for the purpose of carrying out a program of adult education. He shall keep a separate account thereof and shall disburse the moneys on orders signed by the president and secretary of the board of education and the chief school administrator or by the treasurer of school moneys, as appropriate to the district.

##### **§ 18A:50-6** Surplus of moneys; disposition {#sec-18a-50-6 omnilex-key=us-nj-statutes--title-18a--18A:50-6}

Any surplus arising from the excess of receipts from donations, tuition fees or from any source other than local taxation over the actual cost of the maintenance and operation of the adult education program in any school year shall not lapse into the unreserved general fund balance of the district, but shall remain in the separate account, reserved fund balance - adult education programs, to be utilized exclusively for carrying out a program of adult education during the next ensuing school year. In the event that the adult education program in any district shall be discontinued for two consecutive school years, any funds remaining in the separate account shall lapse into the unreserved general fund balance of the district.

##### **§ 18A:50-7** Districts employing supervisors of adult education; apportionment of funds for {#sec-18a-50-7 omnilex-key=us-nj-statutes--title-18a--18A:50-7}

There shall be apportioned and paid by the state annually to each school district employing a supervisor of adult education an amount equal to two thirds of the supervisor's annual salary; provided that in no case shall payment by the state exceed $12,000.00. In the case of districts employing a part-time supervisor, the salary of such supervisor shall be proportionate to the ratio such part-time employment bears to full-time employment, such applicable ratio to be established in each instance by the commissioner.

##### **§ 18A:50-8** Joint adult education programs; agreement, etc. {#sec-18a-50-8 omnilex-key=us-nj-statutes--title-18a--18A:50-8}

The boards of education of two or more school districts may provide jointly by agreement for maintaining a program of adult education and utilizing buildings, equipment and other school facilities of the participating boards for such purposes. Such agreement shall be adopted by resolution of each of the participating boards of education and shall set forth the courses which are to be offered, subject to the approval of the department; the tuition, if any, to be charged to residents of the participating districts and to persons received from other districts; provided that such tuition shall not exceed the actual cost per pupil; the personnel to be employed to administer the program; and other matters deemed necessary to carry out the purposes of the agreement.

##### **§ 18A:50-9** Supervisors of adult education; designation of employer {#sec-18a-50-9 omnilex-key=us-nj-statutes--title-18a--18A:50-9}

Where two or more boards of education have provided jointly by agreement for the employment of a supervisor of adult education to serve the participating districts, the agreement shall designate the board of education of one of such districts as the employer and the one to receive the state aid herein provided. Such aid shall be calculated and paid in the manner provided in section 18A:50-7.

##### **§ 18A:50-10** Rules and regulations by state board {#sec-18a-50-10 omnilex-key=us-nj-statutes--title-18a--18A:50-10}

The state board shall prescribe rules and regulations for the proper control and management of the office and activities of the supervisor of adult education, for the certification of persons to hold such position, for saving from harm those supervisors and directors employed on July 1, 1964, and for encouraging a close working relationship between the office of the supervisor of adult education, the public adult education program and the adult education program sponsored by other community agencies, with particular attention to adult retraining programs and their related federal programs.

##### **§ 18A:50-11** Appropriations; estimating and budgeting {#sec-18a-50-11 omnilex-key=us-nj-statutes--title-18a--18A:50-11}

On or before November 15 of each year, the commissioner shall estimate the amount necessary to be appropriated to carry out the provisions of this chapter for the succeeding school year, and shall determine for budget purposes the amounts estimated so to be payable to each of the districts for such succeeding school year.

On or before September 15 of the succeeding school year, the commissioner shall make his final determination of the payments to be made under this chapter for said school year. An amount equal to 25% of the sum payable to each district shall be paid to the district on October 1, December 1, March 1 and May 1.

If such payments to any district should exceed the amount to which such district is entitled under section 18A:50-7, such excess shall be deducted by the commissioner from succeeding State aid payments to said district.

##### **§ 18A:50-12** High school programs of education for adults; application for funds {#sec-18a-50-12 omnilex-key=us-nj-statutes--title-18a--18A:50-12}

School districts, county community colleges, county and State institutions may apply to the Commissioner of Education for funds to be used toward the establishment and operation of classes and programs of education for adults and out-of-school young adults designed to provide such persons with the equivalent of a high school education.

These programs for adults and out-of-school young adults shall include such curricular content appropriate to the high school curriculum as to give the adult an opportunity to attain a level of educational achievement comparable to high school graduation and prepare him to secure the high school equivalency certificate as can be obtained through the Office of Adult and Continuing Education and High School Equivalency, New Jersey State Department of Education.

##### **§ 18A:50-13** Rules and regulations {#sec-18a-50-13 omnilex-key=us-nj-statutes--title-18a--18A:50-13}

The State Board of Education shall prescribe such rules and regulations for the proper management of the programs under this act, including the control and management of all funds appropriated for its implementation.

##### **§ 18A:50-14** Apportionment of funds; determination of amounts; deduction for excess payment {#sec-18a-50-14 omnilex-key=us-nj-statutes--title-18a--18A:50-14}

The apportionment of funds available shall be designated according to a plan submitted by the local educational agency to the Office of Adult and Continuing Education and High School Equivalency, of the New Jersey State Department of Education. Such plan submitted by the local educational agency shall include the costs of instructors' salaries, guidance and counseling services, as well as such items as instructional materials and other equipment needed in the operation and promotion of a local program. Payment by the State, in the form of aid to each program, shall be in an amount equal to these annual costs.

On or before November 15 of each year, the commissioner shall estimate the amount necessary to be appropriated to carry out the provisions of this act for the succeeding fiscal year, including costs for adequate State supervisory and administrative control, and needed personnel training.

The commissioner shall determine the amounts to be payable to each of the agencies eligible under this act for the succeeding fiscal year based upon the per student cost per hour of instruction.

On or before September 15 of the succeeding fiscal year, the commissioner shall make this final determination of the payments to be made under this act for said school year. An amount equal to 25% of the sum payable to each eligible agency shall be paid to the eligible agency on October 1, December 1, March 1 and May 1.

If such payments to any agency should exceed the amount to which such agency is entitled under this act, such excess shall be deducted by the commissioner from succeeding State aid payments to said agencies.

## **Chapter 50A** {#struct-chapter-50a}

##### **§ 18A:50A-1** Provision of State-issued high school diploma. {#sec-18a-50a-1 omnilex-key=us-nj-statutes--title-18a--18A:50A-1}

1. A State-issued high school diploma shall be provided by the New Jersey Department of Education to persons 16 years of age or older and no longer enrolled in school to document the attainment of academic skills and knowledge equivalent to a high school education. Demonstration of the appropriate level of academic competency for receipt of the State-issued high school diploma shall include, but need not be limited to, passage of the Tests of General Educational Development (GED) of the American Council on Education.

##### **§ 18A:50A-2** Rules, regulations relative to State-issued high school diploma. {#sec-18a-50a-2 omnilex-key=us-nj-statutes--title-18a--18A:50A-2}

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 implement the provisions of P.L.2008, c.25 (C.18A:50A-1 et seq.). The rules and regulations adopted by the commissioner shall be effective for a period not to exceed 12 months. Rules and regulations shall thereafter be amended, adopted, or re-adopted by the State Board of Education pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

The rules and regulations shall include, but not be limited to:

a. the establishment of reasonable and appropriate fees for persons seeking a State-issued high school diploma by examination or re-examination of the Tests of General Educational Development (GED) of the American Council on Education; provided that the fees shall not exceed the actual cost of the tests and their administration; and

b. the establishment of the manner in which a not for profit third party may participate in the administration of examinations and re-examinations of the Tests of General Educational Development (GED) and in the collection of fees from person seeking a high school diploma by examinations and re-examinations of the tests. The rules and regulations regarding not for profit third parties shall be in conformance with the application and approval process overseen by the Department of Education and the General Educational Development Testing Service of the American Council on Education.

## **Chapter 51** {#struct-chapter-51}

##### **§ 18A:51-1** County educational audiovisual aids centers authorized {#sec-18a-51-1 omnilex-key=us-nj-statutes--title-18a--18A:51-1}

The boards of education of two or more school districts in any county may by resolution adopted by a majority vote of all of the members of each such board, determine to establish a "county educational audiovisual aids center" .

##### **§ 18A:51-2** County educational audiovisual aids commission {#sec-18a-51-2 omnilex-key=us-nj-statutes--title-18a--18A:51-2}

The supervision, management and control of such center shall be vested in a county educational audiovisual aids commission which shall consist of seven members who shall serve without compensation. Three members of the commission, who shall be known as members of the first class, shall be chosen from the membership of the boards of education of the participating school districts, three members of the commission, who shall be known as members of the second class, shall be chosen from the membership of the professional staffs of said boards of education whose offices, positions or employments are such as to require them to hold appropriate certificates in full force and effect in this state, and one member of the commission, who shall be known as the librarian member, shall be the county librarian if there be a county library in the county, who shall hold office ex officio, and if there be no county library in the county, then such member shall be chosen from among the librarians of the libraries in the county supported in whole or in part by public funds.

##### **§ 18A:51-3** Appointed members of commission {#sec-18a-51-3 omnilex-key=us-nj-statutes--title-18a--18A:51-3}

The first members of the commission shall be appointed forthwith by the county superintendent of the county upon notification that it has been determined to establish such a center and they shall serve until June 30 next ensuing.

##### **§ 18A:51-4** Election of members of commission; terms; vacancies {#sec-18a-51-4 omnilex-key=us-nj-statutes--title-18a--18A:51-4}

On or before said June 30 and annually thereafter, the county superintendent shall call a meeting of all of the members of the boards of education of the participating school districts for the election of permanent members of the commission. At such first meeting one member of the first class and one member of the second class, shall be elected for terms of one year, two years and three years, each, beginning on July 1 next succeeding, and if there be no county library in the county, the librarian member shall be elected for a term of one year. At each subsequent meeting one member of each class shall be elected to serve for a term of three years and a librarian member to serve for one year shall be elected, also, if there be no county library in the county. In all cases the vote of the majority of the members of the boards of education of the participating school districts present and voting shall be necessary for election. Vacancies in the commission shall be filled by the remaining members of the commission according to the qualifications hereinbefore provided for original appointments and they shall serve for the unexpired terms only.

##### **§ 18A:51-5** Organization of commission; officers; rules and bonds {#sec-18a-51-5 omnilex-key=us-nj-statutes--title-18a--18A:51-5}

Each county educational audiovisual aids commission shall organize by the election of a chairman and a vice chairman from its own membership and shall adopt rules for the establishment and maintenance of said center. The county superintendent shall serve as secretary of the commission, and the county treasurer of the county shall serve as custodian of all moneys and funds of the commission from whatever source derived, without compensation. The county treasurer as such custodian shall keep said moneys and funds in a separate and distinct account and shall disburse the same on orders signed by the chairman and secretary of the commission. Before entering upon his duties as such custodian he shall be required to give additional bond or to renew his bond as county treasurer, in such manner as to cover and secure the faithful performance of his duties as such custodian and any additional premium shall be paid by the commission.

##### **§ 18A:51-6** Powers and duties of commission {#sec-18a-51-6 omnilex-key=us-nj-statutes--title-18a--18A:51-6}

The commission shall provide, maintain and furnish educational audiovisual aids to the public schools of the participating school districts and shall provide such facilities, and may incur such expenses as it may deem necessary for said purpose, but shall not make expenditures or commitments in any year in excess of the funds available for that year.

The commission may contract with nonprofit, private schools within the county to provide, maintain and furnish educational audiovisual aids to such private schools. Before contracting with any nonprofit, private school, the commission shall submit the terms of the contract to the member boards for review, which terms shall include a description of the educational audiovisual aid to the furnished, the amount of payment and the time for payment.

##### **§ 18A:51-7** Assessment for maintenance of audiovisual aids center {#sec-18a-51-7 omnilex-key=us-nj-statutes--title-18a--18A:51-7}

The commission shall assess against the participating school districts a sum which, together with any anticipated State aid and private donations, shall be required for the establishment and maintenance of the county educational audiovisual aids center during the first year and for the maintenance and operation of the same, during each year thereafter, which total annual assessment shall be apportioned among the participating school districts in the proportion which the resident enrollment of the pupils for the prebudget year of each such district shall bear to the total resident enrollment of the pupils for the prebudget year of all of the participating school districts as determined by the commissioner.

##### **§ 18A:51-8** Budget procedure {#sec-18a-51-8 omnilex-key=us-nj-statutes--title-18a--18A:51-8}

On or before September 30 of each year the commission shall prepare a tentative budget of the sums required by said commission in carrying on its activities for the ensuing year so itemized as to make it readily understandable, together with a statement of the amount to be assessed against each participating school district for such year, and shall deliver the same to the board of education of each of the participating school districts before the date of the October meeting of such board. The board of education of each participating school district shall consider such tentative budget at its October meeting and shall return the same forthwith to the commission with its endorsement or suggestions for change, if any, and after all such boards of education shall have so returned the same, the commission shall adopt its budget for the ensuing year and notify the board of education of each participating school district, on or before the November meeting thereof if practicable and otherwise as soon thereafter as possible, of the total amount of the budget and the amount to be assessed against such school district for said year and each such board of education shall include the amount so assessed against it in the item "current expenses of schools" in the budget adopted or submitted for adoption by it for the ensuing year and the same shall be paid to the custodian of moneys of the commission as required and requisitioned by him. If during the first year of the establishment of any such commission it shall be impossible to carry out the budgetary provisions hereinbefore provided, the commission shall certify to the boards of education of the participating school districts the amounts of said assessments as soon as practicable after the establishment of the commission and said boards of education shall pay said assessments from available current expense funds.

##### **§ 18A:51-9** Statement to be forwarded to commissioner; state aid to audiovisual aid centers {#sec-18a-51-9 omnilex-key=us-nj-statutes--title-18a--18A:51-9}

Each county educational audiovisual aids commission shall forward to the commissioner, on or before September 1 of each year, a statement of its organization and its proposed program of operation for the next ensuing school year, together with an estimate of the amount of State aid, calculated as hereinafter provided, to which it will be entitled for that school year and it shall certify, on or before the next June 30, the amount raised by assessments and private donations for the purposes of such audiovisual center for the said school year and if the amount so raised by assessments or private donations or both for any one school year, for the establishment and maintenance or for the maintenance of such aids center shall be not less than the sum of $500.00, and if the commissioner shall approve such organization and program he shall thereupon certify to the Director of Budget and Accounting in the Department of the Treasury that there shall be paid to the custodian of moneys of the commission an amount equal to the amount so raised by assessments and private donations out of any funds appropriated by law for said purposes, which amount shall be paid on the warrant of said director drawn on the State Treasurer in favor of the custodian of moneys of the commission except that the amount so to be paid by the State to any such commission shall not exceed the sum of $5,000.00 in any 1 year nor shall it exceed the sum expended by the commission for educational audiovisual aids purchased by it in any year after the first 5 annual payments have been made. If the sum appropriated by the State for State aid to county educational audiovisual centers in any 1 year shall be less than the total amounts so certified by the commissioner, each commission shall be entitled to be paid its proportionate share of the total amount so appropriated.

##### **§ 18A:51-10** Unexpended funds; disposition {#sec-18a-51-10 omnilex-key=us-nj-statutes--title-18a--18A:51-10}

Any unexpended balance of the moneys or funds in the hands of the custodian of moneys of any such commission at the end of any school year shall be available for expenditure by the commission in the succeeding year or years but it shall not be included in any report of the amount raised as the basis for the calculation of state aid for any succeeding year.

##### **§ 18A:51-11** Single county educational audiovisual aids center in county {#sec-18a-51-11 omnilex-key=us-nj-statutes--title-18a--18A:51-11}

Not more than one county educational audiovisual aids center shall be established in any one county and if any board of education of any school district within the county shall, subsequent to the establishment of a county educational audiovisual aids center within the county, determine, by resolution adopted by a recorded roll call majority vote of its full membership to apply for membership therein and shall give notice thereof to the secretary of the commission, such board of education shall be admitted to membership therein beginning on the first day of the month next following and thereafter shall be subject to the provisions of this chapter in the same manner as though it had been one of the original participating school districts therein.

##### **§ 18A:51-12** Withdrawal of districts from, and dissolution of, audiovisual aids center {#sec-18a-51-12 omnilex-key=us-nj-statutes--title-18a--18A:51-12}

Any board of education of any participating school district may withdraw as a participating district pursuant to resolution duly adopted by said board and notice of intention to withdraw given to the secretary of the commission on or before August 1 in any year and in event that all participating boards of education, or all of said participating boards of education except one, shall determine to withdraw from any such county educational audiovisual center, the same shall be dissolved and the property of such center shall be disposed of at a public or private sale and one half of the amount realized therefrom, together with one half of any unexpended balances remaining in the treasury of such center, shall be paid to the state treasurer to be devoted to the maintenance and support of the public schools and the remainder thereof shall be apportioned among the board of education participating in said center at the time of its dissolution on the basis of the total average daily enrollment of the pupils of said district ascertained as hereinbefore provided.

##### **§ 18A:51-13** Contracting for television educational services {#sec-18a-51-13 omnilex-key=us-nj-statutes--title-18a--18A:51-13}

Every board is hereby authorized to make use of television as an educational aid by contracting for the services of any noncommercial, nonprofit educational television station located within or without the state but such contract shall not require the board to incur expenses in any one year period in excess of an amount equal to $2.00 per pupil in resident enrollment in the district.

##### **§ 18A:51-14** Participation in noncommercial educational television stations {#sec-18a-51-14 omnilex-key=us-nj-statutes--title-18a--18A:51-14}

Every board, in addition to the powers set forth in section 18A:51-13 and subject to the rules and regulations of the state board, may participate in the organization and operation of a noncommercial, nonprofit, educational television station in this state and utilize the services therefrom, and in order to effectuate such purpose, every board is authorized:

(1) To enter into any contractual arrangement agreeable to the board with any other public or private agencies or organizations, including membership in a noncommercial, nonprofit corporation or association duly organized under the laws of this state to operate such a station;

(2) To designate one or more representatives to the board of trustees of such corporation or association, and otherwise to participate in its affairs in compliance with the charter and bylaws of such organization;

(3) To procure for the public schools under the board's jurisdiction the services of such a station, by subscription or otherwise; and

(4) To incur such expenses as the board may deem advisable for such purposes, by way of dues, subscription charges, assessments, capital contributions and otherwise, but in amounts not exceeding in any one year $2.00 per pupil in resident enrollment in the district.

##### **§ 18A:51-15** Calculation of resident enrollment {#sec-18a-51-15 omnilex-key=us-nj-statutes--title-18a--18A:51-15}

The resident enrollment shall be calculated and determined upon the basis of the current school year in the same manner as the same was calculated and determined by the commissioner for the apportionment of current expenses state aid for schools among the participating school districts.

##### **§ 18A:51-16** Approval of program or contract by commissioner requisite {#sec-18a-51-16 omnilex-key=us-nj-statutes--title-18a--18A:51-16}

Anything herein to the contrary notwithstanding, no board of education shall participate in any educational television program or enter into any contract which may be disapproved by the commissioner as being incompatible with the policies, rules or regulations established by the state board governing public instruction in this state.

##### **§ 18A:51-17** Termination of participation {#sec-18a-51-17 omnilex-key=us-nj-statutes--title-18a--18A:51-17}

Any board which has become a participant in any educational television organization may terminate its participation therein at the end of any school year by giving to such organization not less than 30 days' written notice of the board's withdrawal therefrom.

## **Chapter 52** {#struct-chapter-52}

##### **§ 18A:52-1** Furnishing by boards of education {#sec-18a-52-1 omnilex-key=us-nj-statutes--title-18a--18A:52-1}

The boards of education in municipalities containing a population of over 10,000 may provide for the employment of lecturers on the natural sciences and kindred subjects in the public schools in any such municipality, in the evenings, for the benefit of workingmen and workingwomen.

##### **§ 18A:52-2** Books and other equipment provided {#sec-18a-52-2 omnilex-key=us-nj-statutes--title-18a--18A:52-2}

Such boards may purchase the books, stationery, charts, and other things necessary and expedient to conduct the lectures successfully, which they may direct.

##### **§ 18A:52-3** Admission free; number and frequency of lectures {#sec-18a-52-3 omnilex-key=us-nj-statutes--title-18a--18A:52-3}

No admission fee shall be charged. At least one school in each ward or subdivision of each municipality, where practicable, shall be designated by the board of education for the purpose of carrying out the provisions of this chapter. At least one lecture shall be delivered during each of the months of October, November, December, January, February and March in each year, which shall be advertised in a newspaper published in the municipality, or, if no newspaper is published in the municipality, then in a newspaper published in the county and circulating in the district, at least 10 days in advance of the delivery of the lecture.

## **Chapter 53** {#struct-chapter-53}

##### **§ 18A:53-1** Maintenance of museum facilities by boards of education {#sec-18a-53-1 omnilex-key=us-nj-statutes--title-18a--18A:53-1}

The board of education of any school district may provide by contract and appropriate funds for the support and maintenance of existing museum facilities and services for the educational or recreational use and benefit of pupils in the public schools. Appropriations for such facilities and services shall be made in the same manner as for other school purposes.

##### **§ 18A:53-2** Facilities maintained {#sec-18a-53-2 omnilex-key=us-nj-statutes--title-18a--18A:53-2}

Such museum facilities and services may include exhibition in a museum building or elsewhere of subjects of natural, historical, educational, scientific, industrial or cultural nature; operation of arts, crafts and other hobby workshops; conduct of field trips and other projects of an educational or recreational nature and provision for the personal services required in connection with any of the foregoing.

## **Chapter 54** {#struct-chapter-54}

##### **§ 18A:54-1** Definitions {#sec-18a-54-1 omnilex-key=us-nj-statutes--title-18a--18A:54-1}

As used in this chapter, "vocational education" means any education the controlling purpose of which is: (a) to fit for profitable employment; (b) to provide training which is supplemental to the daily employment; or (c) to fit for homemaking, according to the state plan for vocational education adopted by the state board.

##### **§ 18A:54-2** Investigation and approval of establishment by commissioner {#sec-18a-54-2 omnilex-key=us-nj-statutes--title-18a--18A:54-2}

The commissioner shall investigate the necessity for the introduction of vocational education and report thereon, from time to time, to the state board. Subject to the approval of the state board and to such rules as it may make, the commissioner shall superintend the establishment and maintenance of schools for this form of education and supervise and approve such schools as provided in this chapter.

##### **§ 18A:54-3** Day, part-time and evening classes {#sec-18a-54-3 omnilex-key=us-nj-statutes--title-18a--18A:54-3}

In order that instruction in the principles and practice may go on together, vocational education schools may offer instruction in day, part-time and evening classes.

##### **§ 18A:54-4** Discontinuance of vocational schools {#sec-18a-54-4 omnilex-key=us-nj-statutes--title-18a--18A:54-4}

When in the judgment of the state board the management and control, equipment, methods of instruction, attendance of pupils, or per capita cost of maintenance based upon the average daily attendance is so unsatisfactory as to make the continuance of any school established under the provisions of this chapter unwise, the commissioner shall give the board of education having the control and management of the school written notice that the approval of the school has been withdrawn. Any unexpended balance of moneys received from the state for the support of the school at the end of the school year following the withdrawal of the approval shall be returned to the state treasury.

##### **§ 18A:54-4.1** Findings, declarations. {#sec-18a-54-4.1 omnilex-key=us-nj-statutes--title-18a--18A:54-4.1}

1. The Legislature finds and declares that:

a. Career and technical education programs provide the high-level academic and technical skills needed to prepare students for success in college and the workplace;

b. In addition to meeting the State's high school graduation requirements, career and technical education programs provide students with the opportunity to earn industry-recognized credentials and college credits;

c. Career and technical education students often have the opportunity to participate in work-based learning experiences and in regional, State, and national skill competitions; and

d. Recognizing the achievements of career and technical education students throughout New Jersey will highlight the importance of career and technical education in addressing the demands of business and industry for highly skilled and trained workers.

##### **§ 18A:54-4.2** "Career and Technical Education Scholar Awards" established. {#sec-18a-54-4.2 omnilex-key=us-nj-statutes--title-18a--18A:54-4.2}

2. a. The Department of Education, in consultation with the Department of Labor and Workforce Development, shall establish an awards program to be known as the "Career and Technical Education Scholar Awards." The awards program shall annually recognize outstanding career and technical education students who:

(1) demonstrate a high level of achievement in a career and technical education program as exemplified by course grades, industry-recognized technical assessments, and teacher recommendations;

(2) demonstrate a high level of achievement in at least three academic classes, as exemplified by course grades, end-of-course assessments, and teacher recommendations;

(3) successfully complete a college-level course or a work-based learning experience including, but not limited to, employment under a cooperative education agreement, an internship, or a work-based structured learning experience; and

(4) participate in a career and technical education student organization or a community service project that demonstrates the application of career and technical skills.

b. The department shall establish an application procedure and criteria and guidelines for the eligibility, nomination, and judging of applications for the awards program.

c. The department shall post the names of the recipients of the "Career and Technical Education Scholar Awards" prominently on its website, and shall recognize the recipients through the award of a certificate, a press announcement, or another form of recognition deemed appropriate to highlight the achievements of the recipients. The department may coordinate with the Department of Labor and Workforce Development in recognizing the award recipients.

##### **§ 18A:54-5** Establishment by district or regional boards of education {#sec-18a-54-5 omnilex-key=us-nj-statutes--title-18a--18A:54-5}

The board of education of any school district or regional school district may establish and maintain vocational schools.

##### **§ 18A:54-6** Approval of location, management and course of study {#sec-18a-54-6 omnilex-key=us-nj-statutes--title-18a--18A:54-6}

Before any such school shall be established, the location and rules for the management of the school, the course or courses of study to be pursued therein, and all changes in such courses shall be approved by the commissioner, subject to the advice and consent of the state board.

##### **§ 18A:54-7** Receiving pupils from other districts {#sec-18a-54-7 omnilex-key=us-nj-statutes--title-18a--18A:54-7}

All such boards of education shall receive pupils from other districts so far as their facilities will permit and shall be entitled to collect and receive from any sending district for the tuition of such pupils a sum not exceeding the actual cost per pupil, as determined according to rules prescribed by the commissioner and approved by the state board.

##### **§ 18A:54-8** Raising of moneys by district for buildings and maintenance {#sec-18a-54-8 omnilex-key=us-nj-statutes--title-18a--18A:54-8}

Moneys for the purchase of land, the erection, repair, or improvement of buildings, and the purchase of furniture and equipment for the use of any such school, and for the maintenance and support thereof, shall be appropriated and raised in the same manner as the district maintaining the school is authorized to appropriate and raise money for similar purposes for the schools in its public school system.

##### **§ 18A:54-9** State aid for schools other than day schools. {#sec-18a-54-9 omnilex-key=us-nj-statutes--title-18a--18A:54-9}

When any such school other than a full-time day school shall have been established, there shall be paid to the board secretary or treasurer of school moneys, as appropriate, of the district maintaining the school on the order of the commissioner, an amount equal to that raised in the district for the establishment of the school, exclusive of the amount appropriated for the purchase of land or the erection of a building, which amount shall be paid by the State treasurer on the warrant of the director of the division of budget and accounting in the department of the treasury. Annually thereafter there shall be paid in like manner an amount equal to the amount appropriated by the district for the current expenses of such schools; but the money contributed by the State for the support and maintenance of any such school shall not exceed in any one year the sum of $10,000.00.

##### **§ 18A:54-10** Apportionment of sums appropriated {#sec-18a-54-10 omnilex-key=us-nj-statutes--title-18a--18A:54-10}

Whenever the money appropriated for vocational schools by the legislature, together with the amount certified by the commissioner to the director of the division of budget and accounting in the department of the treasury for apportionment to such schools, shall be less than the amount legally applied for by the several schools, then there shall be paid to each school such proportionate share of the amount applied for as the total amount applied for shall bear to the total amount of the appropriation and apportionment for that year. Such proportionate payment shall not relieve the state of its obligation toward the districts respecting vocational school funds. Nothing in this section shall apply to a county vocational school.

##### **§ 18A:54-10.1** Private vocational schools; contracts to provide vocational education courses; qualifications {#sec-18a-54-10.1 omnilex-key=us-nj-statutes--title-18a--18A:54-10.1}

For the purpose of providing vocational education courses on an individual or group basis, boards of education may, according to rules prescribed by the commissioner and approved by the State board, enter into contracts with private vocational schools when such courses cannot be provided by the county or regional vocational schools or other school districts or a private vocational school can provide substantially equivalent training at a lesser cost. Each private vocational school shall hold a current license or certificate of approval issued by the State Board of Education or other appropriate State board or agency and shall be approved for the purposes of this act by the Commissioner of Education. Such license or certificate of approval must have been held by the private vocational school for at least 2 consecutive years immediately preceding execution of the contract.

##### **§ 18A:54-10.2** Rules for qualifications for eligibility to enter contracts {#sec-18a-54-10.2 omnilex-key=us-nj-statutes--title-18a--18A:54-10.2}

The rules prescribed pursuant to section 1 of this act shall include, but shall not be limited to, teacher qualifications, maximum class size, facilities and safety.

##### **§ 18A:54-10.3** Inspection of records {#sec-18a-54-10.3 omnilex-key=us-nj-statutes--title-18a--18A:54-10.3}

Each private vocational school entering into a contract pursuant to section 1 of this act shall make its records available for inspection by the commissioner or his designated representative.

##### **§ 18A:54-10.4** Contracts; terms; approval {#sec-18a-54-10.4 omnilex-key=us-nj-statutes--title-18a--18A:54-10.4}

Any contract entered into shall be in accordance with applicable Federal and State laws and regulations. The commissioner shall approve in writing all such contracts prior to their execution.

##### **§ 18A:54-11** County vocational school not to include certain cities {#sec-18a-54-11 omnilex-key=us-nj-statutes--title-18a--18A:54-11}

County vocational schools organized after July 1, 1931, shall not, except as otherwise in this chapter provided, include the territory within the school district boundaries of any city having a resident public school enrollment of 15,000 or more, if such city is maintaining a system of vocational education approved for the purposes of federal or state allotment of vocational funds by the commissioner under the regulations of the state board.

##### **§ 18A:54-11.1** County vocational school districts, when to include cities {#sec-18a-54-11.1 omnilex-key=us-nj-statutes--title-18a--18A:54-11.1}

Any county vocational school district created or organized subsequent to July 1, 1962 in a county of the second class having a population of not less than 375,000 nor more than 425,000 inhabitants, shall include the territory within the boundaries of any city referred to in section 18A:54-11 after the date of filing in the office of the commissioner of a certified copy of a resolution adopted by the board of chosen freeholders of such county subsequent to the organization of such county vocational school district and of a resolution adopted by the board of education of such city (with the concurrence expressed by resolution of the board of school estimate of such city and of the board or body having charge of the finances of such city), setting forth the finding and determination that it is in the best interests of such county vocational school district and of such city and its school district, that such county vocational school district shall include the territory within the school district boundaries of such city.

##### **§ 18A:54-11.2** County vocational school districts, assumption, etc., of city vocational education system {#sec-18a-54-11.2 omnilex-key=us-nj-statutes--title-18a--18A:54-11.2}

The board of education of each county vocational school district and the board of education of each city referred to above in section 18A:54-11.1, are each hereby authorized and empowered to undertake and to enter into agreements of any nature whatsoever necessary, desirable, useful or convenient for and with respect to the assumption, operation, or administration by the county vocational school district of any system of vocational education then being maintained in such city, including, but not limited to, the transfer of principals, teachers, employees, pupils or classes, the purchase, grant, transfer or lease to the county vocational school district of any lands, schools, buildings, furnishings, equipment, apparatus or supplies constituting part of or used in connection with such city system, and the making of or provision for payments, costs or expenses in connection with any of the aforesaid, and copy of any such agreement shall be filed in the office of the commissioner.

##### **§ 18A:54-11.3** Transfer of teaching staff members and employees to new district {#sec-18a-54-11.3 omnilex-key=us-nj-statutes--title-18a--18A:54-11.3}

All principals, teachers and employees of the school district in any city referred to above in section 18A:54-11.1 and who are employed in or assigned to the system of vocational education in any such city shall be transferred to and continue their respective employments in the employ of the county vocational school district from and after the date of transfer provided for in any agreement entered into pursuant to section 18A:54-11.2, and their rights to tenure, pension and accumulated leave of absence accorded under the laws of the state shall not be affected by the transfer to the county vocational school district.

##### **§ 18A:54-12** Establishment by board of chosen freeholders on recommendation of state board {#sec-18a-54-12 omnilex-key=us-nj-statutes--title-18a--18A:54-12}

When it has been determined by resolution of the state board that a need exists in any county for county vocational schools, the state board shall transmit a copy of the resolution to the board of chosen freeholders of the county. Upon receiving the copy, the board of chosen freeholders shall vote on the question whether such schools shall be established in the county in accordance with the recommendation. If the board of chosen freeholders by a majority vote favors the establishment of such schools in the county, such schools shall be forthwith established and maintained in the county and shall be known as the "vocational schools in the county of " (here insert the name of the county in which the schools are located).

##### **§ 18A:54-12.1** Establishment of one board of education. {#sec-18a-54-12.1 omnilex-key=us-nj-statutes--title-18a--18A:54-12.1}

8. Notwithstanding any provision of this chapter to the contrary, a board of chosen freeholders may, by resolution, establish one board of education for the county special services school district established pursuant to section 1 of P.L.1971, c.271 (C.18A:46-29) and the county vocational school district established pursuant to chapter 54 of Title 18A of the New Jersey Statutes, according to the provisions of sections 1 through 6 of P.L.2007, c.222 (C.18A:46-47 through C.18A:46-52).

##### **§ 18A:54-12.2** Reference to consolidated board. {#sec-18a-54-12.2 omnilex-key=us-nj-statutes--title-18a--18A:54-12.2}

9. If a board of chosen freeholders establishes a board of education pursuant to subsection a. of section 1 of P.L.2007, c.222 (C.18A:46-47), whenever in any law, rule, regulation, contract, document, judicial or administrative proceeding or otherwise, reference is made to the board of education of the county vocational school district, the same shall mean and refer to the consolidated board.

##### **§ 18A:54-13** Establishment by election on request of voters {#sec-18a-54-13 omnilex-key=us-nj-statutes--title-18a--18A:54-13}

In any county having a population not exceeding 100,000 inhabitants, there may be established and maintained a vocational school to be known as the "vocational school in the county of " (here insert the name of the county in which the schools are located).

At the request in writing of not less than 15% of the registered voters of any such county the county clerk shall submit at the next ensuing general election, and shall cause to be printed upon the ballot to be voted at such election the following question:

"Shall vocational schools be established in the county of (here insert the name of the county), pursuant to the provisions of article 3 of chapter 54 of Title 18A, Education, of the New Jersey Statutes."

In squares at the right shall be placed the words "Yes" and "No." Any person desiring the establishment of such schools in the county shall mark a cross ( x ), plus (+) or check ( X ) mark in the square opposite the word "Yes," and any person opposed thereto shall make a cross ( x ), plus (+) or check ( X ) mark opposite the word "No."

If a majority of all the ballots so voted shall favor the establishment of the schools, then the same shall be forthwith established and maintained as provided in this chapter. The results from such election shall be returned and canvassed in the same manner and at the same time as other election returns are canvassed.

##### **§ 18A:54-14** Establishment in second-class counties by board of chosen freeholders {#sec-18a-54-14 omnilex-key=us-nj-statutes--title-18a--18A:54-14}

In any second-class county of this state in which there does not presently exist a vocational school established under the laws of the state, the board of chosen freeholders of such county may, by a majority vote, establish a vocational school to be known as the "vocational school in the county of " (here insert the name of the county in which the school is to be located).

##### **§ 18A:54-16** Boards of education of county vocational schools. {#sec-18a-54-16 omnilex-key=us-nj-statutes--title-18a--18A:54-16}

For each county system of vocational schools established in accordance with this chapter, there shall be a board of education consisting of the county superintendent of schools and four persons to be appointed; provided, however, that a county of the first class which has adopted a form of government pursuant to the provisions of the "Optional County Charter Law" (P.L.1972, c.154; C.40:41A-1 et seq.) may, by ordinance, establish a board of education consisting of six, seven, or nine persons to be appointed and any other county may, by ordinance, establish a board of education consisting of six persons to be appointed.

In counties of the first class which, by ordinance, have established a board consisting of six, seven, or nine persons to be appointed, the appointive members shall be appointed by the chief elected executive officer of the county with the advice and consent of the board of chosen freeholders. In all other counties, the appointive members of the board shall be appointed by the chief elected executive officer of the county, or the director of the board of chosen freeholders, with the advice and consent of that board, as appropriate to the appointment procedures established by the form of government of the county. On a board with four appointive members, not more than two members, or in the case of a board with six appointive members, not more than three members, appointed in any such county of the second, third, fifth or sixth class shall be members of the same political party, but no changes for adjustment of party representation shall be made in a board except as vacancies occur.

In making the first appointments to a board with four appointive members, one person shall be appointed to serve for one year, one for two years, one for three years and one for four years from November 1 next succeeding the date of their respective appointments. In a county of the first class which, by ordinance, has established a board with seven appointive members, the chief elected executive officer shall make the first appointments to the board in the following manner: two shall be appointed to serve for one year, two for two years, two for three years, and one for four years from November 1 next succeeding the date of their respective appointments. The persons so appointed shall also serve from the date of their respective appointments until November 1 next ensuing.

In the case of a board of education with four appointive members on the effective date of P.L.2005, c.299 (C.18A:54-16.14 et al.) in a county of the first class or any other county which determines by ordinance to appoint a board with six appointive members, in making the initial appointment of the two additional members, one person shall be appointed to serve for two years and one person shall be appointed to serve for four years from November 1 next succeeding the date of their respective appointments.

In the case of a board of education with four appointive members on the effective date of P.L.2005, c.299 (C.18A:54-16.14 et al.) in a county of the first class which determines by ordinance to appoint a board with seven appointive members, in making the initial appointment of the three additional members, one person shall be appointed to serve for two years, one person shall be appointed to serve for three years, and one person shall be appointed to serve for four years from November 1 next succeeding the date of their respective appointments.

In the case of a board of education with four appointive members on the effective date of P.L.2005, c.299 (C.18A:54-16.14 et al.) in a county of the first class which determines by ordinance to appoint a board with nine appointive members, in making the initial appointment of the five additional members, one person shall be appointed to serve for one year, one person shall be appointed to serve for two years, one person shall be appointed to serve for three years, and two persons shall be appointed to serve for four years from November 1 next succeeding the date of their respective appointments.

In the case of a board of education with seven appointive members on the effective date of P.L.2005, c.299 (C.18A:54-16.14 et al.) in a county of the first class which determines by ordinance to appoint a board with nine appointive members, in making the initial appointment of the two additional members, one person shall be appointed to serve for two years and one person shall be appointed to serve for four years from November 1 next succeeding the date of their respective appointments.

Annually during the month of October a member or members, as the case may be, of the board shall be appointed to serve for a term of four years, and thereafter until the appointment and qualification of his respective successor, to take the place of the member or members, as the case may be, whose term or terms shall expire on November 1 then next ensuing.

A vacancy in the board shall be deemed to exist, and shall be filled, in the manner prescribed in P.L.1979, c.302 (C.40A:9-12.1).

##### **§ 18A:54-16.8** Counties of third class of 110,000 to 125,000; board of education; members; appointment {#sec-18a-54-16.8 omnilex-key=us-nj-statutes--title-18a--18A:54-16.8}

Notwithstanding any contrary provisions of chapter 54 of Title 18A of the New Jersey Statutes, in all counties of the third class with a population greater than 110,000 but less than 125,000 as of the latest federal decennial census the board of education of the county vocational-technical school shall consist of five members to be appointed by the appointing authority of the county.

##### **§ 18A:54-16.9** Third class counties of 70,000 to 105,000; board members; term of office {#sec-18a-54-16.9 omnilex-key=us-nj-statutes--title-18a--18A:54-16.9}

The board members elected pursuant to section 1 of P.L.1977, c. 30 (C. 18A:54-16.1), for the school year preceding the year in which this act takes effect shall remain in office until their successors are appointed and qualified which shall occur no later than December 31, 1983. In making the first appointments to a board one person shall be appointed to serve for one year, one person for two years, one for three years and two for four years; thereafter, members shall serve for terms of four years. Vacancies in the membership of the board shall be filled in the same manner as the original appointments were made.

##### **§ 18A:54-16.11** Third class counties of 80,000 to 105,000; board members {#sec-18a-54-16.11 omnilex-key=us-nj-statutes--title-18a--18A:54-16.11}

Notwithstanding any provision of chapter 54 of Title 18A of the New Jersey Statutes to the contrary, in all counties of the third class with a population greater than 80,000 but less than 105,000 as of the latest federal decennial census the board of education of the county vocational-technical school shall consist of at least five members to be appointed by the appointing authority of the county.

##### **§ 18A:54-16.12** Third class counties of 70,000 to 105,000; board members; successors; terms; vacancies {#sec-18a-54-16.12 omnilex-key=us-nj-statutes--title-18a--18A:54-16.12}

The board members elected pursuant to section 1 of P.L.1977, c. 30 (C. 18A:54-16.1), for the school year preceding the year in which this act takes effect shall remain in office until their successors are appointed and qualified which shall occur no later than November 1, 1984. In making the first five appointments to a board one person shall be appointed to serve for one year, one person for two years, one for three years and two for four years and the terms of any additional members of the board shall also be staggered to ensure that an approximately equal number of terms expire every year. Thereafter, members shall serve for terms of four years. Vacancies in the membership of the board shall be filled in the same manner as the original appointments were made.

##### **§ 18A:54-16.14** Appointment of additional board members, county vocational schools, certain. {#sec-18a-54-16.14 omnilex-key=us-nj-statutes--title-18a--18A:54-16.14}

2. Notwithstanding the provisions of P.L.2005, c.299 (C.18A:54-16.14 et al.) to the contrary, if a county of the first class which has a county vocational school board of education with seven members on the effective date of this act determines by ordinance within six months of the effective date of this act to appoint a board with nine members, one person shall be appointed to serve for two years and one person shall be appointed to serve for four years, which terms shall begin immediately upon appointment and shall expire on November 1 next succeeding the completion of the terms.

##### **§ 18A:54-17** Qualifications of board members {#sec-18a-54-17 omnilex-key=us-nj-statutes--title-18a--18A:54-17}

Each member of a board of education for county vocational schools shall be a citizen and resident of the county and shall have been such citizen and resident for at least three years immediately preceding his becoming a member of the board, and if he shall cease to be a resident of such county, his membership in said board shall cease.

##### **§ 18A:54-18** Organization of boards of education {#sec-18a-54-18 omnilex-key=us-nj-statutes--title-18a--18A:54-18}

Each board of education for county vocational schools shall organize annually on November 1 by the election of a president and vice-president, unless November 1 shall fall on Sunday, in which case the board shall organize on the following day.

If the organization meeting cannot take place on the day hereinabove provided for by reason of a lack of a quorum or for any other reason, said meeting shall be held within 3 days thereafter.

##### **§ 18A:54-19** Board body corporate; name {#sec-18a-54-19 omnilex-key=us-nj-statutes--title-18a--18A:54-19}

Each such board of education shall be a body corporate and shall be known as and called "the board of education of the vocational school in the county of " (here insert the name of the county in which such school shall be located).

##### **§ 18A:54-20** Powers of board {#sec-18a-54-20 omnilex-key=us-nj-statutes--title-18a--18A:54-20}

The board of education of a county vocational school district may:

a. Purchase, sell, and improve school grounds, erect, purchase, lease, enlarge, improve, and repair school buildings, including any building or buildings for school purposes owned by any municipality or school district in such county, with or without furnishings and equipment, and purchase school furniture and other necessary equipment;

b. Take and condemn land and other property for school purposes in the manner provided by law regulating the ascertainment and payment of compensation for property condemned and taken for public uses. If either party shall feel aggrieved by any proceedings and award thereunder, he may appeal in the manner provided by law for appeals from such proceedings and award;

c. Insure school buildings, furniture, and other school property, and receive, lease, and hold in trust any and all real and personal property for the benefit of the school district;

d. Employ and dismiss principals, teachers, janitors, mechanics, and laborers; fix, alter, and order paid their salaries and compensation, and prescribe the course of study to be pursued;

e. Appoint a treasurer, who shall not be a member of the board of education and fix his salary and term of office. The treasurer shall give bond in such amounts and with such security as the board shall determine;

f. Make, amend, and repeal rules, not inconsistent with this title, or with the rules of the State board, for its own government, for the transaction of business, and for the government and management of the school and school property under its control;

g. Suspend and expel pupils from school;

h. Provide textbooks and other necessary supplies and apparatus;

i. Adopt an official seal by which all its official acts may be authenticated;

j. Make an annual report to the commissioner on or before August 1 in the manner and form prescribed by him;

k. Appoint a secretary and fix his salary and term of office; and

l. Borrow by temporary loan such sum as may be necessary to meet the current expenses of such school district, not exceeding 80% of the anticipated tuition payments to be received from sending districts. Such temporary obligation, if any, shall be paid first out of the moneys received under this chapter.

##### **§ 18A:54-20.1** Enrollment of pupils in county vocational schools, funding {#sec-18a-54-20.1 omnilex-key=us-nj-statutes--title-18a--18A:54-20.1}

a. The board of education of each school district or regional school district in any county in which there is a county vocational school district shall send to any of the schools of the county vocational school district each pupil who resides in the school district or regional school district and who has applied for admission to and has been accepted for attendance at any of the schools of the county vocational school district. The board of education shall pay tuition for each of these pupils to the county vocational school district pursuant to subsection c. of this section. The provisions of this section shall not apply to the board of education of a school district or regional school district maintaining a vocational school or schools pursuant to article 2 of chapter 54 of Title 18A of the New Jersey Statutes.

b. The board of education of a county vocational school district shall receive pupils from districts without the county so far as their facilities may permit.

c. The board of education of a county vocational school district shall receive such funds as may be appropriated by the county pursuant to N.J.S.18A:54-29.2 and shall be entitled to collect and receive from the sending districts in which each pupil attending the vocational school resides, for the tuition of that pupil, except for a post-secondary vocational education pupil, a sum not to exceed the actual cost per pupil as determined for each vocational program classification, according to rules prescribed by the commissioner and approved by the State board. Whenever funds have been appropriated by the county, the county vocational school district may charge a fee in addition to tuition for any pupils who are not residents of the county. The fee shall not exceed the amount of the county's per pupil appropriation to the county vocational school district.

d. The tuition and nonresident fee, if any, shall be established not later than January 15 in advance of the school year by the board of education. The tuition for each program category shall be at the same rate per pupil for each sending district whether within or without the county, and 10% of the tuition amount and nonresident fee, if any, shall be paid on the first of each month from September to June by or on behalf of the board of education of each sending district.

e. (Deleted by amendment, P.L.1991, c.62).

##### **§ 18A:54-20.3** Pupil directory information provided to county vocational school district. {#sec-18a-54-20.3 omnilex-key=us-nj-statutes--title-18a--18A:54-20.3}

1. a. As used in this section, "pupil directory information" means a pupil's name and address.

b. The board of education of a school district or regional school district located in a county in which there is a county vocational school district shall provide, upon the request of that county vocational school district, pupil directory information for each pupil enrolled in grades six through 12, or any subset of these grades, as requested by that county vocational school district. The board of education of a school district or regional school district shall not provide the pupil directory information for a pupil if the parent previously submitted a request that the pupil's information not be released for the purposes of this subsection. The board of education of a school district or regional school district shall notify parents of the opportunity to prohibit the release of pupil directory information.

c. The Commissioner of Education shall establish the timelines during which a county vocational school district may request pupil directory information and when the school district or regional school district shall provide the information.

##### **§ 18A:54-21** Rules for organization and management of county vocational schools {#sec-18a-54-21 omnilex-key=us-nj-statutes--title-18a--18A:54-21}

The state board shall prescribe rules for the organization, management and control of such schools.

##### **§ 18A:54-22** Teachers, principals, superintendents, assistant superintendents; directors and assistant directors; rights and privileges {#sec-18a-54-22 omnilex-key=us-nj-statutes--title-18a--18A:54-22}

All teachers, principals, directors and assistant directors of boards of education of county vocational schools shall have all rights and privileges of teachers, principals, superintendents and assistant superintendents of schools, respectively, in school districts.

##### **§ 18A:54-23.1** Receiving pupils from other counties; county vocational school districts with post secondary vocational-technical education {#sec-18a-54-23.1 omnilex-key=us-nj-statutes--title-18a--18A:54-23.1}

Every county vocational school district board of education providing post secondary vocational-technical education shall, to the extent its facilities permit and subject to rules prescribed by the commissioner and approved by the State board, accept for post secondary vocational-technical education students who are residents of any other county in the State.

##### **§ 18A:54-23.2** Application for issuance of certificate of residence; grant or denial; appeal; hearing; determination {#sec-18a-54-23.2 omnilex-key=us-nj-statutes--title-18a--18A:54-23.2}

Any person desiring to enroll in a post secondary vocational-technical program in a county vocational school district as a nonresident student shall apply to the chief fiscal officer of his county of residence for a certificate of residence showing that said person is a resident of said county. The chief fiscal officer shall, upon application and submission to him of satisfactory evidence of such residence, issue said certificate provided that (a) the county does not maintain a vocational school providing such a program, or (b) the county vocational school district board of education certifies to the chief fiscal officer that it does not offer the particular course or curriculum desired by the applicant, or (c) the county vocational school cannot admit the applicant into a particular course or curriculum desired by the applicant pursuant to rules approved by the State Board of Education. If the chief fiscal officer refuses to issue such a certificate, the applicant may appeal to the board of chosen freeholders within 10 days of the receipt of notice of such refusal. The board of chosen freeholders shall hold a hearing on such appeal within a reasonable time, but not less than 10 days after notice is given to the chief fiscal officer and the applicant. The board of chosen freeholders shall notify the applicant of its decision within 10 days after such hearing.

##### **§ 18A:54-23.3** Certificate of residence; filing; duration {#sec-18a-54-23.3 omnilex-key=us-nj-statutes--title-18a--18A:54-23.3}

Upon his registration for each school year, the nonresident student shall file with the county vocational school district board of education such a certificate of residence issued not more than 2 months prior thereto and such a certificate of residence shall be valid for the current year or the academic year next succeeding the date of issuance.

##### **§ 18A:54-23.4** Payments by county of residence for each student {#sec-18a-54-23.4 omnilex-key=us-nj-statutes--title-18a--18A:54-23.4}

Any county vocational school district board of education admitting nonresident students shall annually charge to, and collect from, each county of residence for each such student (a) $200.00 to be applied to the county's share of the vocational school district's capital expenses and (b) the average county share of budgeted operating cost per full-time student as certified by the commissioner; provided however, that the said board of education may, with the approval of the commissioner, charge and collect a higher annual amount or amounts when high-cost or high-priority programs are provided.

##### **§ 18A:54-23.5** List of nonresident students, courses and programs; notice to department of education {#sec-18a-54-23.5 omnilex-key=us-nj-statutes--title-18a--18A:54-23.5}

Each county vocational school district board of education shall notify the department of education of the names and addresses of all nonresident students and the courses and programs in which they are enrolled as of the second week of each term. Such notification shall be made in writing no later than the end of the fourth week of each term.

##### **§ 18A:54-24** Approval of courses of study {#sec-18a-54-24 omnilex-key=us-nj-statutes--title-18a--18A:54-24}

The courses of study to be pursued in every county vocational school, and all changes therein shall be approved by the commissioner, with the advice and consent of the state board.

##### **§ 18A:54-24.1** "Green job" defined, certification program. {#sec-18a-54-24.1 omnilex-key=us-nj-statutes--title-18a--18A:54-24.1}

1. a. As used in this section, "green job" means those aspects of employment that deal with renewable energy, energy conservation, energy efficiency, and energy sustainability.

b. A county vocational school district may enter into a partnership with one or more private entities to develop and establish a green jobs certification program. Under the program the county vocational school district shall identify needed skills, develop training programs, and train workers for green jobs in one or more industries including, but not limited to, energy efficient building, construction and retrofits, renewable electric power, energy efficient vehicles, biofuels, and manufacturing that produces sustainable products and uses sustainable processes and materials. The county vocational school district shall issue a green jobs certification to each person who successfully completes the training program.

c. A county vocational school district may review national standards established by various industries in developing a green jobs certification program.

d. A county vocational school district may consult with the Department of Community Affairs in developing a green jobs certification program.

##### **§ 18A:54-25** School year {#sec-18a-54-25 omnilex-key=us-nj-statutes--title-18a--18A:54-25}

The school year for a county vocational school shall begin on July 1 and end June 30.

##### **§ 18A:54-26** Contracts; payment of bills {#sec-18a-54-26 omnilex-key=us-nj-statutes--title-18a--18A:54-26}

No contract shall be entered into by the board of education of a county vocational school, nor shall any bill or demand for money be paid until the same shall have been presented and passed on at a regularly called meeting of the board. Every such bill or demand, except for salaries, exceeding $25.00 shall be verified by affidavit or contain or have annexed thereto a signed declaration in writing to the effect that such bill or demand is correct in all its particulars, that the articles have been furnished or services rendered as stated therein and that no bonus has been given or received on account thereof.

##### **§ 18A:54-27** Boards of school estimate {#sec-18a-54-27 omnilex-key=us-nj-statutes--title-18a--18A:54-27}

There shall be for each county system of vocational schools a board of school estimate, which shall consist of two members of the board of education of the school, appointed by that board, two members of the board of chosen freeholders of the county in which the school is situate, appointed by that board, and the county supervisor of the county, in counties of the first class, and the director of the board of chosen freeholders, in other counties.

The appointments shall be made annually between January 1 and January 15. In case of a vacancy occurring in the board by reason of the resignation, death, or removal of any appointed member, the vacancy shall be filled immediately by the body which originally appointed the member, by appointing another of its members to fill the vacancy. The secretary of the board of education of the school shall be the secretary of the board of school estimate, but shall receive no compensation as such.

##### **§ 18A:54-28** Estimate by board of education of general fund expenses {#sec-18a-54-28 omnilex-key=us-nj-statutes--title-18a--18A:54-28}

On or before the fourth Tuesday in March in each year the board of education of a county vocational school district shall prepare and deliver to each member of the board of school estimate an itemized statement of the amount of money estimated to be necessary for the general fund expenses of the county vocational school district for the ensuing school year. The board of education shall follow the procedures established in section 5 of P.L.1996, c.138 (C.18A:7F-5).

##### **§ 18A:54-29** Fixing, determining amounts necessary to be raised {#sec-18a-54-29 omnilex-key=us-nj-statutes--title-18a--18A:54-29}

Between the fourth Tuesday in March and April 8 in each year the board of school estimate shall fix and determine by action taken at a public meeting of the board the amount of money necessary to be appropriated for the use of the county vocational school district for the ensuing school year exclusive of the amount to be received from the State as provided in section 18A:54-32. The board of education of the county vocational school district and the board of school estimate shall follow the procedures established in section 5 of P.L.1996, c.138 (C.18A:7F-5).

##### **§ 18A:54-29.1** Certification of amounts to be raised {#sec-18a-54-29.1 omnilex-key=us-nj-statutes--title-18a--18A:54-29.1}

The board of school estimate shall, on or before the last named date, make two certificates of the amount, signed by at least three of its members, one of which certificates shall be delivered to the board of education of the county vocational school district and the other to the board of chosen freeholders of the county in which the school is situated.

##### **§ 18A:54-29.2** Appropriation and raising of amounts required {#sec-18a-54-29.2 omnilex-key=us-nj-statutes--title-18a--18A:54-29.2}

The board of chosen freeholders shall, upon receipt of the certificate, appropriate, in the same manner as other appropriations are made by it, the amount so certified, and the amount shall be assessed, levied, and collected in the same manner as moneys appropriated for other purposes in the county are assessed, levied, and collected, unless such amount is to be raised as otherwise hereinafter provided in this chapter.

##### **§ 18A:54-29.3** County vocational school districts including cities, annual or special appropriations, apportionment {#sec-18a-54-29.3 omnilex-key=us-nj-statutes--title-18a--18A:54-29.3}

The board of chosen freeholders of any county of the second class having a population of not less than 375,000 nor more than 425,000 inhabitants and which has created a county vocational school district subsequent to July 1, 1962, may provide that the amounts (other than amounts to be raised for interest and redemption of bonds or notes issued by the county for purposes of such county vocational school district) to be raised for annual or special appropriations for such county vocational school district are to be apportioned on the basis of (1) the apportionment valuations, as defined in section 54:4-49 of the Revised Statutes, of the municipalities in such county, or (2) the average daily enrollment of pupils from municipalities within such county during the preceding school year, or (3) any combination or percentage of either of the aforesaid, as shall be determined by said board of chosen freeholders prior to October 1 for and with respect to the school year commencing on July 1 next succeeding said date. Determination as to any basis as aforesaid shall be made by resolution of such board of chosen freeholders, if such board, after consideration of the vocational school needs of such county and of the municipalities therein and of the costs and expenses of such county vocational school district and of the financial resources and abilities of such county and of the municipalities therein, shall find that such basis is in the best interests of the county and of such county vocational school district and the municipalities therein. Any basis so established shall continue without change for a period of five school years, unless prior to the end of such period the commissioner, upon the request of the board of chosen freeholders or of the board of education of the county vocational school district, shall determine that some other or different basis, as herein permitted or provided for, shall be in the best interest of such county, such county vocational school district and the municipalities therein, and is a basis which could have been established by the board of chosen freeholders of such county. Until any other basis shall have been established, the basis referred to as above shall be applicable to such county vocational school district. Where average daily enrollment of the preceding school year is to be used as the whole or any part of a basis for apportionment of amounts to be raised for annual or special appropriations, the commissioner shall certify to the county vocational school district and to the county board of taxation, from the latest official statistics then available or estimates thereof, the average daily enrollment to be used until such time as actual average daily enrollment statistics shall be available and certified by the commissioner as aforesaid. No amount to be raised for annual or special appropriations for the county vocational school district shall be so appropriated except with the concurrence and consent of the board of chosen freeholders if the basis for raising such annual or special appropriations of the county vocational school district shall require that more than 50% of such basis shall be such apportionment valuations.

##### **§ 18A:54-29.4** County tax levy adjusted for establishment of county vocational school {#sec-18a-54-29.4 omnilex-key=us-nj-statutes--title-18a--18A:54-29.4}

1. Any county which received approval from the State Board of Education, after July 1, 1990, for the establishment of a county vocational school shall, consistent with the practice for existing county vocational schools, be entitled to an exception to the limitation imposed upon increases in the county tax levy pursuant to section 4 of P.L.1976, c.68 (C.40A:4-45.4) in an amount equal to that expended for the county vocational school board of education.

##### **§ 18A:54-30** Contracts for supplies, and construction, alteration and repair of buildings; municipal permits {#sec-18a-54-30 omnilex-key=us-nj-statutes--title-18a--18A:54-30}

All provisions of law relating to the entering into contract for the furnishing of supplies and to the preparation of plans and specifications for the construction, alteration or repair of any building by a board of education of a county vocational school and the approval and filing thereof and of any such contract and to the advertisement for bids and the awarding of contracts as a result thereof, which are applicable to a board of education of a school district, shall likewise be applicable to a board of education of a county vocational school and no municipal permit shall be required in connection with the making or performance of any such contract.

##### **§ 18A:54-31** Raising of moneys for lands or buildings; bond issued. {#sec-18a-54-31 omnilex-key=us-nj-statutes--title-18a--18A:54-31}

Whenever a board of education of a county vocational school district shall decide that it is necessary to sell bonds to raise money for any capital project, as defined in section 18A:21-1 of this Title, it shall prepare and deliver to each member of the board of school estimate a statement of the amount of money estimated to be necessary for such purpose or purposes.

The board of school estimate shall fix and determine the necessary amount and shall make two certificates thereof, one of which certificates shall be delivered to the board of education and the other to the board of chosen freeholders of the county in which the school district is situate.

The board of chosen freeholders, or the members of a county improvement authority at the request of the board of education pursuant to section 1 of P.L.2015, c.68 (C.18A:7G-5a), may appropriate such amount and borrow such amount for the purpose or purposes aforesaid, and secure the repayment of the sum so borrowed, together with interest thereon, by the issuance of bonds or notes of the county pursuant to the local bond law, notwithstanding any debt limitation or requirement for down payment therein provided for, or by the issuance of bonds or notes of the county improvement authority pursuant to the "county improvement authorities law," P.L.1960, c.183 (C.40:37A-44 et seq.). The proceeds of the sale of such obligations shall be paid to the treasurer of the county vocational school district, or in the case of bonds or notes issued by the county improvement authority to the chief financial officer of the authority if so directed by the treasurer, and shall be paid out only on the warrants or orders of the board of education of the school district, or in the case of bonds or notes issued by the county improvement authority on the orders of the chief financial officer of the authority. The treasurer of the board of education or the chief financial officer of the authority, as applicable, shall in no event disburse such proceeds, except to pay the expenses of issuing and selling such obligations and for the purpose or purposes for which such obligations were issued. If for any reason any part of such proceeds are not applied to or necessary for such purpose or purposes, the board of education of the county vocational school district may transfer the balance remaining unapplied to the general fund of the school district.

##### **§ 18A:54-31.1** Findings, declarations relative to certain programs of a school district. {#sec-18a-54-31.1 omnilex-key=us-nj-statutes--title-18a--18A:54-31.1}

1. The Legislature finds and declares that:

a. The economic prosperity of New Jersey depends on a strong pipeline of workers with the academic, technical, and career readiness skills to fill current and future jobs;

b. Expanding access to career and technical education and engaging employers in the development and delivery of technical education are crucial for the State's economic growth and critical strategies for keeping New Jersey competitive in the global economy;

c. While almost 32,000 full-time and shared-time students are currently enrolled at New Jersey's county vocational school districts, the demand for a career and technical education exceeds the space available at most schools;

d. On a Statewide basis, county vocational school districts receive nearly 2.5 applications for each available space, and in some counties, and for certain programs, the demand is much greater. In 2013, roughly 16,700 students seeking career and technical education programs were not able to be accommodated;

e. Given the immediate shortage of space for career and technical education program expansion, employers can play a significant role in helping to meet short-term needs by hosting career and technical education programs in an industry setting and offering work-based learning opportunities for students;

f. This type of public-private partnership is a desirable mechanism to address the needed expansion of career and technical education programs and would give students access to equipment and technology that is expensive or difficult to replicate in public school district settings; and

g. In order to facilitate this worthwhile partnership, career and technical education programs taught in industry settings should be exempted from certain unnecessarily restrictive State regulations.

##### **§ 18A:54-31.2** Career, technical education programs exempt from certain regulations. {#sec-18a-54-31.2 omnilex-key=us-nj-statutes--title-18a--18A:54-31.2}

2. a. Notwithstanding the provisions of any law or regulation to the contrary, in the case of a career and technical education program of a school district which has been approved by the Department of Education and is taught at a location other than the school district:

(1) The educational facility standards for new construction pursuant to N.J.A.C.6A:26-6.3 shall not apply to the location at which the career and technical education program is taught;

(2) The location at which the career and technical education program is taught shall not require approval as a temporary facility pursuant to N.J.A.C.6A:26-8.1; and

(3) The long range facilities plan of the school district shall not be required to take into consideration any career and technical education programs taught at a location other than the school district.

b. The location at which the career and technical education program is taught shall meet the requirements of the uniform construction code and all applicable health and safety standards.

##### **§ 18A:54-33** Establishment of emergency vocational schools; commissions; cost per pupil {#sec-18a-54-33 omnilex-key=us-nj-statutes--title-18a--18A:54-33}

In any county of the second class in which there does not presently exist a vocational school established under the laws of this state, the board of chosen freeholders of such county may, by a majority vote of the board, establish a vocational school to be known as the "emergency vocational school in the county of (here insert the name of the county in which the school is to be located)." In the event of the establishment of any emergency vocational school as in this act provided, the board of chosen freeholders of the county shall have power to name a commission to supervise said school, to prescribe courses in the emergency vocational schools, and power to fix rates of tuition. The cost per pupil shall be established from time to time by the board of chosen freeholders and shall be paid in accordance with rules and regulations to be adopted by the board. The commission, selected for the supervision of such emergency vocational school, shall have power to expend appropriations authorized and to obtain from the federal government or any agency thereof grants in aid of such emergency vocational school.

##### **§ 18A:54-34** Commissioners; terms; reports; vacancies; residence {#sec-18a-54-34 omnilex-key=us-nj-statutes--title-18a--18A:54-34}

The commission charged with the supervision of such school shall be three in number and shall hold their said offices for terms of three years and until their successors are appointed by the board of chosen freeholders. The commission shall annually report to the board of chosen freeholders. Vacancies occurring for any cause shall be filled by the board of chosen freeholders for the unexpired term.

Any person a resident of the county for a period of at least five years prior to the passage of this act may be selected to membership in such commission.

##### **§ 18A:54-35** Duty of commission {#sec-18a-54-35 omnilex-key=us-nj-statutes--title-18a--18A:54-35}

The commission shall be charged with the duty of formulating courses in emergency vocational training in aid of national or state defense and to prescribe the length of such courses.

##### **§ 18A:54-36** Appropriations for schools {#sec-18a-54-36 omnilex-key=us-nj-statutes--title-18a--18A:54-36}

The board of chosen freeholders of any such county is authorized and empowered to provide by appropriation from time to time for the maintenance of emergency vocational schools authorized to be established.

##### **§ 18A:54-37** Municipalities in counties of first class under 700,000; exemption from tax for county vocational school district {#sec-18a-54-37 omnilex-key=us-nj-statutes--title-18a--18A:54-37}

Notwithstanding any of the provisions of chapter 54 of Title 18A of the New Jersey Statutes, in any county of the first class having a population of not more than 700,000 according to the latest federal decennial census, each municipality included within a school district which has maintained for a minimum of 20 years a vocational education program approved for the purposes of federal or State allotment of vocational funds by the Commissioner of Education under the regulation of the State Board of Education shall be exempt from assessment, levy or collection of taxes based on any apportionment of amounts appropriated for the use of a county vocational school district.

##### **§ 18A:54-38** Establishment of New Jersey Council of County Vocational Schools {#sec-18a-54-38 omnilex-key=us-nj-statutes--title-18a--18A:54-38}

1. There is established a body corporate and politic, with corporate succession, to be known as the New Jersey Council of County Vocational Schools. A county vocational school established pursuant to chapter 54 of Title 18A of the New Jersey Statutes may, upon the approval of its board of education, be a member of the council.

##### **§ 18A:54-39** Membership of the council {#sec-18a-54-39 omnilex-key=us-nj-statutes--title-18a--18A:54-39}

2. The council shall consist of the president of the board of education and the superintendent of each county vocational school which is a member of the council. A board of education president may designate another member of the board as an alternate to attend and to vote at council meetings in the president's absence. A member of the council shall serve without compensation but may be reimbursed for all reasonable and necessary expenses.

##### **§ 18A:54-40** Responsibilities of council {#sec-18a-54-40 omnilex-key=us-nj-statutes--title-18a--18A:54-40}

3. The council shall select such officers and make such rules and regulations as may be necessary for the transaction of business. The council may, if it deems necessary, impose and collect dues from council members to defray expenses. The council may also employ such staff as it determines is necessary within the limit of funds available for this purpose.

##### **§ 18A:54-41** Powers, duties of council {#sec-18a-54-41 omnilex-key=us-nj-statutes--title-18a--18A:54-41}

4. The council shall have perpetual succession and shall have the following powers and duties:

a. To make, amend and repeal rules, regulations and bylaws for its own government and guidance, not inconsistent with the purposes of the council;

b. To adopt an official seal and alter the same at pleasure;

c. To maintain an office at such place or places in the State as it may designate;

d. To sue and be sued in its own name;

e. To acquire, hold and dispose of real and personal property in the exercise of its powers and the performance of its duties under this act. All this property shall be exempt from taxation under chapter 4 of Title 54 of the Revised Statutes; and

f. To aid all initiatives for the improvement of vocational, technical, and occupational education and to make recommendations to the State Board of Education concerning the county vocational schools.

##### **§ 18A:54-42** Definitions relative to Work and Learn Consortiums. {#sec-18a-54-42 omnilex-key=us-nj-statutes--title-18a--18A:54-42}

1. As used in this act:

"Guided pathway" means a set map of courses that are clearly identified and aligned with further education and career advancement. A guided pathway shows a student the entire program of study from its beginning to its end.

"Program" means a program operated by a Work and Learn Consortium established pursuant to section 2 of this act.

"Stackable credentials" means industry-recognized, short-term credentials and certificates that count toward a higher-level certificate or degree so that individuals may advance in employment and training over the course of their careers.

"Stop-out point" means a point at which a student may exit a program with an industry-valued credential, with the opportunity to re-enter the program without penalty or loss of progress.

##### **§ 18A:54-43** Work and Learn Consortium. {#sec-18a-54-43 omnilex-key=us-nj-statutes--title-18a--18A:54-43}

2. a. A county college and a county vocational school district shall enter into a Work and Learn Consortium for the purpose of creating certificate and degree programs that lead to employment in industries in which there is a high demand for qualified employees. The consortium shall work in partnership with the New Jersey Department of Labor and Workforce Development and the local workforce investment board to address the highest areas of labor demand in New Jersey as identified by the department.

b. The purpose of the programs developed by a consortium shall be to: foster collaboration between academic and non-academic entities; provide students with an opportunity to earn stackable credentials that will increase the likelihood of employment in industries of high demand and future growth in the State; develop a guided pathway for students to earn those credentials; and allow enrolled students to choose among multiple program stop-out points.

##### **§ 18A:54-44** Components of Work and Learn Consortium. {#sec-18a-54-44 omnilex-key=us-nj-statutes--title-18a--18A:54-44}

3. A Work and Learn Consortium shall include the following components:

a. The county vocational school district shall award the high school diploma, provide training, and award early certificates.

b. The county college shall:

(1) award certificates and the associate degree;

(2) coordinate the program's internship component;

(3) develop the guided pathway;

(4) provide student advising services and student support services; and

(5) award prior learning assessment credits for experience and knowledge acquired while working.

c. The local workforce investment board shall:

(1) identify business and industries that have a workforce demand; and

(2) assist in the recruitment of persons who are unemployed or want to change career.

The local workforce investment board shall have a satellite location on the county college campus.

d. A Work and Learn Consortium shall work to form partnerships with:

(1) four-year public or independent institutions of higher education to provide additional certificates and baccalaureate degrees under the stackable credentials program;

(2) the local chamber of commerce in order to identify business and industry partners and to market and promote the consortium; and

(3) business and industry in order to identify industry trends and required certifications, credentials, and training, and to provide internships to enrolled students.

e. There shall be an advisory board for each Work and Learn Consortium program. The Department of Labor and Workforce Development , the Office of the Secretary of Higher Education, and the Department of Education shall provide support to the advisory board, and shall share trend analysis data related to economic growth.

## **Chapter 54A** {#struct-chapter-54a}

##### **§ 18A:54A-1** Short title {#sec-18a-54a-1 omnilex-key=us-nj-statutes--title-18a--18A:54A-1}

This act shall be known as, and may be cited as, the "Neighborhood Education Center Act of 1968."

##### **§ 18A:54A-2** Liberal construction {#sec-18a-54a-2 omnilex-key=us-nj-statutes--title-18a--18A:54A-2}

This act shall be liberally construed to effectuate the purposes and intent thereof.

##### **§ 18A:54A-3** Legislature's findings {#sec-18a-54a-3 omnilex-key=us-nj-statutes--title-18a--18A:54A-3}

3. The Legislature hereby finds and declares that there is a need for new programs and institutions capable of reaching and motivating the high-school dropout; that the experience gained by the creation of neighborhood education centers in other States indicates that those centers may be a partial answer to the problem of the high-school dropout; that the Commissioners of Education and Community Affairs should be authorized to establish such neighborhood education centers; and that the expenditure of public funds for those purposes is in the public interest.

##### **§ 18A:54A-4** Definitions {#sec-18a-54a-4 omnilex-key=us-nj-statutes--title-18a--18A:54A-4}

The following terms shall have the following meanings for the purposes of this act, unless a different meaning clearly appears from the context:

(a) The term "act" shall mean this act, and any amendments and supplements thereto, and any rules and regulations promulgated thereunder.

(b) The term "commissioner" shall mean the Commissioner of Community Affairs.

(c) The term "council" shall mean the Governor's Council on Neighborhood Education Centers created by section 5 of this act.

(d) The term "neighborhood education center" shall mean a facility which has been or will be developed, organized or operated, subject to the approval and with the assistance of the Governor's Council on Neighborhood Education Centers created by section 5 of this act, for the purpose of providing to public high school students and to public high-school dropouts educational, cultural and social programs and services supplementary to or in lieu of similar programs and services made available as part of the course of instruction at a public high school.

(e) The term "sponsor" shall mean any corporation or association organized not for profit pursuant to the provisions of Title 15 of the Revised Statutes which has been determined by the council as capable of developing, organizing or operating a neighborhood education center.

##### **§ 18A:54A-5** Governor's Council on Neighborhood Education Centers created; membership; officers {#sec-18a-54a-5 omnilex-key=us-nj-statutes--title-18a--18A:54A-5}

5. There is hereby created in but not of the Department of Community Affairs the Governor's Council on Neighborhood Education Centers, which shall consist of the Commissioner of Community Affairs and the Commissioner of Education who shall be members of the council for such times as they shall hold their respective offices. The commissioner shall serve as the administrator and chief executive officer of the council, and shall have primary responsibility for the activities of the council. The Commissioner of Education shall serve as the chairman of the council, which shall meet at the call of said chairman.

##### **§ 18A:54A-6** Authority of council {#sec-18a-54a-6 omnilex-key=us-nj-statutes--title-18a--18A:54A-6}

(a) The council, acting by and through the commissioner, is hereby authorized to develop, organize or operate, or to provide for the development, organization and operation, of not more than 8 neighborhood education centers.

(b) For the purpose of carrying out the provisions of this act, the commissioner, on behalf of and with the approval of the council, is hereby authorized to enter into contracts and agreements with, and to make payments of money based thereon to, sponsors of neighborhood education centers.

##### **§ 18A:54A-7** Commissioner's additional powers {#sec-18a-54a-7 omnilex-key=us-nj-statutes--title-18a--18A:54A-7}

7. In order to carry out the purposes and provisions of this act, the commissioner, in addition to any powers granted to him elsewhere in this act, shall have the following powers:

(a) To make and enter into all contracts and agreements necessary or incidental to the discharge of his duties and the execution of his powers under this act;

(b) To appoint or employ, subject to the provisions of Title 11 of the Revised Statutes, such personnel and employees as may be necessary in his judgment;

(c) To receive and accept aid or contributions from any source, of money, property, labor or other things of value, to be held, used and applied to carry out the purposes of this act subject to any conditions upon which such grants and contributions may be made;

(d) To call upon and avail himself of, so far as may be practicable and within the limits of appropriations available therefor, the services of employees of the Departments of Community Affairs and Education;

(e) To acquire by purchase, gift or lease, sell, lease and otherwise deal with property, whether real or personal or mixed;

(f) To adopt such rules and regulations as may be necessary or convenient to carry out the provisions of this act; and

(g) To do all acts and things necessary or convenient to carry out the provisions of this act.

## **Chapter 54B** {#struct-chapter-54b}

##### **§ 18A:54B-1** Enrichment program defined {#sec-18a-54b-1 omnilex-key=us-nj-statutes--title-18a--18A:54B-1}

For the purposes of this act "Enrichment Program" means any summer school program offered by a public school for which a student does not receive credit for graduation and is unrelated to the curriculum content of the regular school program.

##### **§ 18A:54B-2** Tuition; rules and regulations {#sec-18a-54b-2 omnilex-key=us-nj-statutes--title-18a--18A:54B-2}

For the purpose of providing enrichment programs in public schools boards of education may charge tuition for students to attend such noncredit courses subject to rules and regulations promulgated by the State board.

## **Chapter 54C** {#struct-chapter-54c}

##### **§ 18A:54C-1** Counties of fifth class; marine academy of science and technology; establishment; purposes {#sec-18a-54c-1 omnilex-key=us-nj-statutes--title-18a--18A:54C-1}

Upon the request by a board of education of a regional school district that includes two constituent municipalities with a student population in excess of 3,500 pupils in any county of the fifth class having a population of not less than 450,000 according to the 1980 federal census, the State Board of Education is authorized to establish a Marine Academy of Science and Technology under the local area vocational-technical school for the purpose of providing education to students throughout the State of New Jersey in the fields of marine sciences, marine trades, marine technologies and related courses, as well as academic courses.

##### **§ 18A:54C-2** Powers of board of education of school district {#sec-18a-54c-2 omnilex-key=us-nj-statutes--title-18a--18A:54C-2}

The board of education of a school district that has been given the approval to establish a Marine Academy of Science and Technology shall be permitted to:

a. Acquire, obtain and provide physical facilities, equipment, and all other resources necessary to accommodate the needs of the institution;

b. Enter into contracts and agreements with accredited institutions, governmental bodies, authorities and agencies at the local, county, State, and federal levels to carry out the purposes of this act; and

c. Discharge such financial transactions as are necessary to carry out the purposes of this act.

##### **§ 18A:54C-2.1** Contractual relationship between Marine Academy of Science and Technology and New Jersey Marine Sciences Consortium {#sec-18a-54c-2.1 omnilex-key=us-nj-statutes--title-18a--18A:54C-2.1}

The Marine Academy of Science and Technology created pursuant to P.L.1982, c. 146, is authorized to enter into a contractual relationship with the New Jersey Marine Sciences Consortium. The funds transmitted by the Academy to the Consortium may be considered to serve as the State match for federal funds that may be obtained by the Consortium through the Sea Grant Program or other programs.

##### **§ 18A:54C-4** Marine Academy of Science and Technology, transfer of assets, payment of costs {#sec-18a-54c-4 omnilex-key=us-nj-statutes--title-18a--18A:54C-4}

The assets of the Marine Academy of Science and Technology operating under the auspices of an area vocational technical school in a county of the fifth class having a population of not less than 450,000 shall be transferred to the county vocational technical school board and shall continue to operate as a full-time program as provided under P.L.1982, c.146 (C.18A:54C-1 et seq.) and the costs shall be paid in the same manner as the costs are paid for other county vocational school programs pursuant to the provisions of chapter 54 of Title 18A of the New Jersey Statutes.

##### **§ 18A:54C-6** Admission policies of Marine Academy of Science and Technology {#sec-18a-54c-6 omnilex-key=us-nj-statutes--title-18a--18A:54C-6}

The board of education of the county vocational technical school shall determine the admission policies of the Marine Academy of Science and Technology, except that the places available shall be allocated in a fair and equitable manner. Pupils from other counties may be admitted so far as the facilities permit.

##### **§ 18A:54C-7** Transportation for pupils attending the Marine Academy of Science and Technology. {#sec-18a-54c-7 omnilex-key=us-nj-statutes--title-18a--18A:54C-7}

6. Transportation for pupils attending the Marine Academy of Science and Technology shall be provided by the district in which the pupil resides; except that in the case of a pupil whose school district of residence in not located in the county in which the academy is located and the pupil resides more than 40 miles from the academy, then the parent, guardian, or other person having legal custody of the pupil shall be eligible to receive the amount determined pursuant to section 2 of P.L.1981, c.57 (C.18A:39-1a).

Notwithstanding the provisions of this section to the contrary, pupils enrolled in and attending the regular full-time program at the Marine Academy of Science and Technology on the effective date of P.L.2019, c.400 shall receive transportation until graduation from the academy in accordance with the provisions of this section as the same read prior to the effective date of P.L.2019, c.400.

## **Chapter 54D** {#struct-chapter-54d}

##### **§ 18A:54D-1** Short title {#sec-18a-54d-1 omnilex-key=us-nj-statutes--title-18a--18A:54D-1}

This act shall be known and may be cited as the "Technical Training for Minorities and Women Act."

##### **§ 18A:54D-2** Findings, declarations {#sec-18a-54d-2 omnilex-key=us-nj-statutes--title-18a--18A:54D-2}

The Legislature finds and declares that:

a. It is the policy of the State of New Jersey that no person shall be denied access to a profession or job on the basis of race, creed, color, national origin, ancestry, marital status or gender.

b. The Division on Civil Rights was created to prevent and eliminate discrimination and the "Division on Women Act of 1974," P.L. 1974, c. 87 (C. 52:27D-43.8 et seq.) calls for "efforts to promote the expansion of rights and opportunities available to the women of this State."

c. Minorities and women are underrepresented in most technical trades and fewer than 3% of the apprentices in New Jersey are female.

d. Action should be taken to increase the access of minorities and women to apprenticeships and other training programs for technical trades.

##### **§ 18A:54D-3** Duties of commissioners. {#sec-18a-54d-3 omnilex-key=us-nj-statutes--title-18a--18A:54D-3}

3. The Commissioners of Education and Labor and Workforce Development each shall:

a. Identify the regulations, policies, programs, and procedures of their respective departments which relate to apprenticeship programs and other forms of preparation for technical trades;

b. In consultation with the Division on Civil Rights in the Department of Law and Public Safety and the Division on Women in the Department of Children and Families, identify the factors which have produced low rates of minority and female participation in apprenticeship and other technical training programs;

c. Take appropriate action to encourage a higher rate of minority and female participation in these programs;

d. Advise the Legislature of any additional legislative action which would advance the purposes of P.L.1985, c.427 (C.18A:54D-1 et seq.).

##### **§ 18A:54D-4** Annual reports {#sec-18a-54d-4 omnilex-key=us-nj-statutes--title-18a--18A:54D-4}

Within one year after the effective date of this act, and annually thereafter, the Commissioners of Education and Labor each shall report to the Legislature on the actions taken by their respective departments pursuant to this act and provide to the Legislature the most recent available data on the participation of minorities and women in training programs for technical trades in New Jersey.

## **Chapter 54E** {#struct-chapter-54e}

##### **§ 18A:54E-1** Short title {#sec-18a-54e-1 omnilex-key=us-nj-statutes--title-18a--18A:54E-1}

1. This act shall be known and may be cited as the "Adopt a School Program."

##### **§ 18A:54E-2** Business advisory board; creation, membership {#sec-18a-54e-2 omnilex-key=us-nj-statutes--title-18a--18A:54E-2}

2. Each county superintendent shall create a business advisory board or shall designate a Workforce Investment Board created by the State Employment and Training Commission in the Department of Labor or a Private Industry Council established pursuant to the Job Training and Partnership Act to perform the functions of the business advisory board under this act.

Membership on the business advisory board shall be open to interested local businesses which wish to assist students enrolled in a program involving vocational or technical training in a public secondary school or community college jointly engaged in such a program with a public secondary school. The county superintendent shall be chairman of the business advisory board, and the board shall meet monthly. The county superintendent shall appoint a program coordinator who shall be charged with administering the program at local board levels. All members of the board shall serve without compensation and for a three year term.

##### **§ 18A:54E-3** "Adopt a School Programs" {#sec-18a-54e-3 omnilex-key=us-nj-statutes--title-18a--18A:54E-3}

3. The board or council shall encourage and coordinate local business partnership "Adopt a School Programs" which may be instituted at public secondary schools, other than schools established under the provisions of chapter 54 of Title 18A of the New Jersey Statutes. The business partnership programs may include, but are not limited to, supplying materials, funding, offering work based learning opportunities including apprenticeships to students and providing volunteers for the classroom. Businesses entering into the "Adopt a School Program" pursuant to this act shall not seek reimbursement for any donation of time, money, materials or personnel from the State, a local school district or a community college.

##### **§ 18A:54E-4** Effectiveness rating, provision; curriculum changes, recommendations {#sec-18a-54e-4 omnilex-key=us-nj-statutes--title-18a--18A:54E-4}

4. The board or council shall provide upon the request of the county superintendent a rating of the effectiveness of any program designed to prepare students for employment, based on the preparedness of students who are in their employment. The board shall also make recommendations to the local school board through the county superintendent regarding suggested curriculum changes or other methods to improve those programs designed to prepare students for employment in a vocation or technical field.

##### **§ 18A:54E-5** Contributions, effect on State aid {#sec-18a-54e-5 omnilex-key=us-nj-statutes--title-18a--18A:54E-5}

5. Contributions provided under this act by local businesses shall in no way affect the amount of State aid entitlement of a local school district or community college.

## **Chapter 54F** {#struct-chapter-54f}

##### **§ 18A:54F-1** Findings, declarations {#sec-18a-54f-1 omnilex-key=us-nj-statutes--title-18a--18A:54F-1}

1. The Legislature finds and declares that educational experts agree that at-risk youths face unique social and economic problems which work to inhibit their academic achievement and eventually their successful integration into the workplace; that the New Jersey Supreme Court in its June, 1990 Abbott v. Burke decision ordered that provision be made and programs developed to address the special disadvantages of at-risk students; and, that in its July, 1994 Abbott v. Burke decision, the Supreme Court suggested the need for the State itself to specifically identify and implement the supplemental programs necessary to meet the needs of at-risk youth.

The Legislature further finds that the development of an At-Risk Youth Employment Internship Program within the Department of Education would assist in addressing the needs and conditions which place students at risk of not acquiring the knowledge, skills, behaviors, and attitudes necessary for school success and future successful functioning as adults in society and also would assist in meeting the State's obligation to identify and implement specific programs for at-risk youths.

##### **§ 18A:54F-2** At-Risk Youth Employment Internship Program, established {#sec-18a-54f-2 omnilex-key=us-nj-statutes--title-18a--18A:54F-2}

2. There is established in the Department of Education an At-Risk Youth Employment Internship Program to be administered by the Commissioner of Education pursuant to the provisions of this act. The program shall provide for the placement of at-risk public school students in employment internships with public or private profit or nonprofit employers and the payment of a training stipend to those students. The purpose of the program shall be to enable at-risk students to acquire a thorough knowledge of the business operations of the employer with which the student is placed and an understanding of the linkage between the skills, behaviors, and attitudes necessary for school success and future successful functioning as an adult in the workplace.

##### **§ 18A:54F-3** Selection of school districts for pilot program {#sec-18a-54f-3 omnilex-key=us-nj-statutes--title-18a--18A:54F-3}

3. a. The Commissioner of Education shall develop and administer the program on a pilot basis. The commissioner shall select local school districts to participate in the program based upon the number of at-risk students within the district, the interest of public and private profit or nonprofit employers located within the district in participating in the program, and the commissioner's evaluation of the district's ability to successfully implement the program. In selecting school districts to participate, the commissioner shall include urban and suburban districts from the north, central and southern regions of the State with at least one school district per county.

b. A school district which wants to participate in the program shall provide to the commissioner an outline of its proposed program which shall include, but not be limited to: information on the number and grade level of the at-risk students who will participate in the program; the process of student referral to the program; the selection criteria for student participants which, in addition to eligibility for at-risk funding under section 80 of P.L.1990, c.52 (C.18A:7D-20), shall include the identification of students who are not meeting district standards of behavior and academic achievement; a listing of employers within the district who have agreed to participate in the program and the process which will be utilized for matching students to employment internship opportunities; and, an analysis of the manner in which student employment experiences will enhance the self-esteem and assimilation of life skills necessary for productive functioning in the school setting and society.

##### **§ 18A:54F-4** Student, employer remuneration; work study funds {#sec-18a-54f-4 omnilex-key=us-nj-statutes--title-18a--18A:54F-4}

4. a. Each student's employment internship under the program shall be for a period of two hours, three days per week unless the district determines that some other employment schedule would be of greater benefit to the student. For participation in the employment internship, the student shall receive a stipend in the amount of $25 per week.

b. A public or private profit or nonprofit employer which participates in the program shall receive a stipend in the amount of $150 per month to cover any administrative or other costs which the employer may incur as a result of participation.

c. The commissioner shall approve a plan for the utilization of work study funds allocated under N.J.S.18A:58-34 and other State or federal funds available for services to at-risk students to finance the student and administrative stipends and any other costs associated with the program. The commissioner may, if he determines that a school district's participation in the program is in the best interests of its at-risk students, review a school district's budget and direct the district to reallocate funds to the program. The commissioner may also direct the participation of any school district in the program if the commissioner determines that the implementation of the program would constitute a demonstrably effective improvement strategy for the district's at-risk students.

##### **§ 18A:54F-5** Plan to track effectiveness of program; recommendation {#sec-18a-54f-5 omnilex-key=us-nj-statutes--title-18a--18A:54F-5}

5. a. The commissioner shall implement a plan to collect data on the effectiveness of the program in meeting the needs and conditions of students which place them at-risk of academic and social failure. The plan shall include a system to track student participants to determine if those students successfully completed the school year.

b. Two years following the effective date of this act, the commissioner shall submit to the Governor and the Legislature an evaluation of the At-Risk Youth Employment Internship Program and a recommendation on the advisability of its continuation and expansion to other school districts within the State.

##### **§ 18A:54F-6** Rules, regulations {#sec-18a-54f-6 omnilex-key=us-nj-statutes--title-18a--18A:54F-6}

6. The State Board of Education shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the rules and regulations necessary to carry out the provisions of this act.

## **Chapter 54G** {#struct-chapter-54g}

##### **§ 18A:54G-1** Short title {#sec-18a-54g-1 omnilex-key=us-nj-statutes--title-18a--18A:54G-1}

1. This act shall be known and may be cited as the "Arts Create Excellent Schools (ACES) Pilot Program Act."

##### **§ 18A:54G-2** Findings, declarations relative to arts based curriculum pilot program {#sec-18a-54g-2 omnilex-key=us-nj-statutes--title-18a--18A:54G-2}

2. The Legislature finds and declares that:

a. Although there currently exists support for the arts in education within the public schools of this State, there is a vast difference in how local school districts implement arts education and a significant number of students graduate from New Jersey schools without any exposure to the arts;

b. The Literacy in the Arts Task Force, created in 1987 by the Legislature to examine the state of arts education in New Jersey, recommended that schools include both intensive arts experiences and integration of the arts across an interdisciplinary curriculum and urged districts to adopt a curriculum framework using the arts as a means of providing all students the tools for an effective and more enriched learning experience;

c. Since the Literacy in the Arts Task Force completed its work, there have been a number of other developments at the State and national level which have affirmed the value of incorporating the arts into the school curriculum as a strategy to engage and challenge students and thus advance their motivation and level of academic achievement;

d. The value of infusing the arts into the public school curricular core has been supported and advanced through the revision of New Jersey's State Goals for Education in 1992, the Department of Education's draft of Core Curriculum Standards, the Department of Education's Strategic Plan for Systemic Change, and the national education reform effort embodied in the Goals 2000: Educate America Act, all of which have pointed to the arts as a mechanism to improve the ability of students to think critically and to solve problems; and

e. In an era in which states and the federal government are searching for ways in which to advance the educational achievement of at-risk students, research has indicated that an arts-based curriculum offers a powerful tool to effectuate student academic achievement by increasing the motivation of students who may be disaffected from the learning process. There is empirical evidence that academic disciplines such as reading, writing, languages, social studies, science and math are reinforced through an arts-infused curriculum.

The Legislature further finds, therefore, that a program which provides for the development of arts-infused model schools can serve an important public policy function by determining if the strategies utilized by the model schools are effective and can be successfully replicated in districts throughout the State to enhance overall student performance.

##### **§ 18A:54G-3** "Arts Create Excellent Schools (ACES) Pilot Program" {#sec-18a-54g-3 omnilex-key=us-nj-statutes--title-18a--18A:54G-3}

3. There is established in the Department of Education the "Arts Create Excellent Schools (ACES) Pilot Program" to be administered by the Commissioner of Education pursuant to the provisions of this act. The department shall consult with the New Jersey State Council on the Arts in the Department of State in the operation and administration of the program. The program shall provide for the development of three model schools which incorporate an innovative arts-infused curriculum into the student learning process. The model schools, which shall be developed through organizational partnerships including State and local government agencies and the private sector, shall have the following goals:

a. to prepare students for educational achievement by developing imagination, reasoning, judgment and the critical thinking skills necessary for problem solving and decision making;

b. to develop an arts-infused curriculum based on interdisciplinary and thematic units;

c. to broaden the role of the teacher through staff development to include such diverse roles as instructor, coach, mentor and exemplar;

d. to improve student performance as determined by standard measures and alternative assessment strategies;

e. to enhance student self-concept as determined by measures of self-esteem;

f. to encourage understanding of traditional, local and diverse cultures;

g. to integrate school activities with professional and community based arts organizations; and

h. to further evaluate and research arts education.

##### **§ 18A:54G-4** Request for proposals for development of ACES schools {#sec-18a-54g-4 omnilex-key=us-nj-statutes--title-18a--18A:54G-4}

4. The Commissioner of Education shall forward a request for proposals for the development of ACES schools to local school districts. Each school district shall disseminate the request for proposals to all schools within the district. A school which wants to participate in the pilot program shall, upon securing the approval of the board of education, submit a proposal to the commissioner. The proposal shall outline the school's plan to infuse the arts into all aspects of the curriculum to enhance academic excellence, student motivation and self-esteem. The proposal shall include, but not be limited to, the following information:

a. the specific mechanisms which will be used to integrate the arts within all academic disciplines offered in the school's curriculum;

b. the utilization of technology within the school to advance student levels of organizational ability, critical thinking, problem solving and creative skills; and

c. the manner in which professional development experiences in the arts will be factored into the school design to assist the teaching and administrative staff to define and implement the teaching strategies necessary to achieve the educational goals of an arts-infused curriculum.

##### **§ 18A:54G-5** Selection of schools to participate in program {#sec-18a-54g-5 omnilex-key=us-nj-statutes--title-18a--18A:54G-5}

5. The commissioner shall select three schools to participate in the program based upon the commissioner's evaluation of the school's ability to successfully implement a model arts-based curriculum. In selecting the schools to participate, the commissioner shall seek a cross section of schools from urban, suburban, rural and State-operated school districts with equal consideration given to schools located in the north, central and southern geographical regions of the State. The selection process shall include visits to potential model schools to ascertain the administration and faculty commitment and ability to adopt an arts-based curriculum.

##### **§ 18A:54G-6** Evaluation component included within ACES program {#sec-18a-54g-6 omnilex-key=us-nj-statutes--title-18a--18A:54G-6}

6. a. The commissioner shall provide for the inclusion of an evaluation component within the ACES program which shall be both formative and summative in nature. The assessment methods designed to evaluate the model schools shall be appropriate for assessing student educational outcomes and teacher development and shall place emphasis on student progress in problem solving, comprehension, critical thinking and reasoning.

b. During the initial four years of the ACES program each model school shall undergo an annual evaluation conducted by the Department of Education pursuant to subsection a. of this section. After the program's fourth year, the commissioner shall submit to the Governor and Legislature an evaluation of the ACES program and a recommendation on the advisability of its continuation and expansion to other schools within the State.

##### **§ 18A:54G-7** Rules, regulations {#sec-18a-54g-7 omnilex-key=us-nj-statutes--title-18a--18A:54G-7}

7. The State Board of Education shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the rules and regulations necessary to carry out the provisions of this act.

## **Chapter 55** {#struct-chapter-55}

##### **§ 18A:55-1** Appropriations as prerequisite to payments from treasury {#sec-18a-55-1 omnilex-key=us-nj-statutes--title-18a--18A:55-1}

No money shall be paid from the state treasury for any purpose named in this title unless an appropriation therefor shall have been made by the legislature.

##### **§ 18A:55-2** Withholding of funds from district. {#sec-18a-55-2 omnilex-key=us-nj-statutes--title-18a--18A:55-2}

The commissioner shall direct the State treasurer to withhold funds payable by the State from any district which fails to obey the law or the rules or directions of the State board or the commissioner.

The executive county superintendent with the approval of the commissioner may direct the secretary or treasurer of the school moneys, as appropriate, of a school district to withhold all moneys received by him from the State treasurer and then remaining in his hands to the credit to the district, whenever the board of education of the district, or any officer thereof, or the legal voters of any school district, or any board or officer of the municipality in which any such school district is situate, shall neglect or refuse to perform any duty imposed upon such board, officer, or legal voters by this title or by the rules of the State board. The secretary or treasurer, as appropriate, shall withhold such moneys until he shall receive notice from the county superintendent that the board, officer, or legal voters have performed such duty.

##### **§ 18A:55-2.1** Withholding of certain funds prohibited. {#sec-18a-55-2.1 omnilex-key=us-nj-statutes--title-18a--18A:55-2.1}

1. Notwithstanding the provisions of N.J.S.18A:55-2, or any other law, rule, or regulation to the contrary, the commissioner shall not direct the State treasurer to withhold funds payable by the State to a school district based on the participation rate on any State assessment of the school district's students.

##### **§ 18A:55-3** School districts, conditions for receipt of State aid; efficiency standards. {#sec-18a-55-3 omnilex-key=us-nj-statutes--title-18a--18A:55-3}

1. As a condition of receiving State aid, a school district shall:

a. examine all available group options for every insurance policy held by the district, including any self-insurance plan administered by the New Jersey School Boards Association Insurance Group on behalf of districts, and shall participate in the most cost effective plans;

b. take steps to maximize the district's participation in the federal Universal Service Program (E-rate) and the ACT telecommunications program offered through the New Jersey Association of School Business Officials;

c. participate in the Alliance for Competitive Energy Services (ACES) Program offered through the New Jersey School Boards Association, unless the district is able to demonstrate to the commissioner that it receives goods or services at a cost less than or equal to the cost achieved by participants in the program;

d. take appropriate steps to maximize the district's participation in the Special Education Medicaid Initiative (SEMI) Program, with maximum participation defined by the commissioner; and

e. refinance all outstanding debt for which a 3% net present value savings threshold is achievable.

## **Chapter 56** {#struct-chapter-56}

##### **§ 18A:56-1** "Trustees for support of public schools" ; how constituted {#sec-18a-56-1 omnilex-key=us-nj-statutes--title-18a--18A:56-1}

The governor, the attorney general, the secretary of state, the state comptroller, the state treasurer and the commissioner of education, shall constitute a board of trustees of the fund for the support of public schools arising from appropriations made by law, or which may arise from gift, grant, bequest, or devise, in the division of investment of the department of the treasury.

The board shall be known as "the trustees for the support of public schools." No compensation shall be paid to the trustees for any services under this chapter.

##### **§ 18A:56-2** Secretary of board; records {#sec-18a-56-2 omnilex-key=us-nj-statutes--title-18a--18A:56-2}

The secretary of state shall be the secretary of the board of trustees. He shall record in a book to be kept for that purpose the proceedings of the board and the accounts to be furnished by the state treasurer as directed in this chapter.

##### **§ 18A:56-3** Statement of fund by state treasurer to board {#sec-18a-56-3 omnilex-key=us-nj-statutes--title-18a--18A:56-3}

The state treasurer shall make annually to the board of trustees on the first day of the annual meeting of the legislature, and at such other times as the board shall require, a statement of the school fund, containing an account of the securities belonging thereto with the dates of investment, their values, and the interest arising from each class of securities, together with an account of the moneys in the treasury belonging to the fund.

##### **§ 18A:56-4** Account to legislature of management of fund {#sec-18a-56-4 omnilex-key=us-nj-statutes--title-18a--18A:56-4}

An account of the management of the fund shall be laid before the legislature with the annual statements of the state treasurer's accounts.

No compensation shall be paid to the treasurer for any services under this chapter.

##### **§ 18A:56-5** State lands under water and revenue from sales thereof; restriction on revenue {#sec-18a-56-5 omnilex-key=us-nj-statutes--title-18a--18A:56-5}

All lands belonging to this State now or formerly lying under water are dedicated to the support of public schools. All moneys hereafter received from the sales of such lands shall be paid to the board of trustees, and shall constitute a part of the permanent school fund of the State. To the extent that moneys received from the sales of these lands may, by law, be made payable to any purposes other than the school fund, these moneys shall not be paid to other purposes so long as there is a deficiency in the school bond reserve.

##### **§ 18A:56-6** Leases of lands under water; principal or income {#sec-18a-56-6 omnilex-key=us-nj-statutes--title-18a--18A:56-6}

All leases of lands so dedicated to the support of public schools shall be held by the board of trustees as a part of the principal of the school fund, and the income arising from such leases shall be a part of the income of the school fund.

##### **§ 18A:56-7** Deducting expenses of administering lands under water {#sec-18a-56-7 omnilex-key=us-nj-statutes--title-18a--18A:56-7}

The sum appropriated for the expenses incurred in the administration of the lands so dedicated to the support of public schools shall be first deducted by the director of the division of budget and accounting in the department of the treasury from moneys derived from the sales, grants, leases, and rentals of such lands.

##### **§ 18A:56-8** Investments {#sec-18a-56-8 omnilex-key=us-nj-statutes--title-18a--18A:56-8}

Moneys belonging to the school fund shall be invested by the division of investment in the department of the treasury in the bonds of the several school districts of this state, or in the bonds of the United States, this state, or any county or municipality of this state. No investment shall be made in the bonds of any municipality the total indebtedness of which, including the school debt, shall exceed 30% of the assessed valuation of all the real and personal property therein; but in ascertaining the total indebtedness credit shall be allowed only for such moneys or property as shall be in the sinking fund. No investment shall be made in the bonds of any county the total indebtedness of which shall exceed in the aggregate 15% of the total assessable valuation of all taxable property therein.

Interest on such bonds shall be a part of the income of the school fund.

##### **§ 18A:56-9** Changing municipal bonds owned by trustees from coupon to registered {#sec-18a-56-9 omnilex-key=us-nj-statutes--title-18a--18A:56-9}

The trustees for the support of public schools may arrange with any municipality to change any bonds owned by said trustees from coupon to registered bonds, and the municipality which issued the bonds may detach from the bonds the coupons thereon and cancel the same, and stamp upon the bonds the registration thereof, and make the necessary agreement for the payment of the interest thereon.

##### **§ 18A:56-10** Stamp of ownership on coupon bonds {#sec-18a-56-10 omnilex-key=us-nj-statutes--title-18a--18A:56-10}

Every coupon bond acquired by the board of trustees shall have stamped thereon and upon each coupon, immediately upon the receipt thereof, the following words: "This is the property of the trustees for the support of public schools."

##### **§ 18A:56-11** Investment in bonds secured by mortgages {#sec-18a-56-11 omnilex-key=us-nj-statutes--title-18a--18A:56-11}

No part of the principal or interest of the fund shall be invested in bonds secured by mortgage on lands except as hereinafter provided in the case of purchase money mortgages.

##### **§ 18A:56-12** Mortgage foreclosure proceedings {#sec-18a-56-12 omnilex-key=us-nj-statutes--title-18a--18A:56-12}

The board of trustees shall cause actions to foreclose to be commenced without delay whenever the interest on bonds secured by mortgage held by the board as part of the school fund shall remain unpaid for six months. The board may discontinue the actions upon the payment of accrued interest and the costs of such actions.

##### **§ 18A:56-13** Purchase of lands by board on foreclosure {#sec-18a-56-13 omnilex-key=us-nj-statutes--title-18a--18A:56-13}

The board of trustees may bid for and purchase any lands and premises exposed to sale under the order and judgment of any court for the payment and satisfaction of any mortgage thereon held by the board, and may take and hold title to the lands and premises so purchased in and by its official name as a part of the principal of the school fund; but the board shall not bid a higher price for such lands and premises than shall be sufficient to produce the amount due upon the mortgage and costs.

The taxed costs of the foreclosure action and sale, if any, shall be paid by the state treasurer on the warrant of the director of the division of budget and accounting.

##### **§ 18A:56-14** Sale of real estate held or acquired {#sec-18a-56-14 omnilex-key=us-nj-statutes--title-18a--18A:56-14}

All real estate held by the trustees for the support of public schools and all real estate that may be acquired by them under foreclosure proceedings shall be sold, either at private or public sale, at such times and at such prices as will, in the judgment of the board of trustees, be for the best interest of the state. The board may advertise such properties, either at private or public sale, in such manner as it shall determine. The proceeds of the sale shall be paid into the school fund, and shall be invested as other moneys of the fund are invested. The board may lend to the purchaser of any such real estate, one half of the amount of purchase money, the loan to be secured by bond and mortgage on the premises so purchased.

##### **§ 18A:56-15** Income of funds; use of; payment of premiums on bonds {#sec-18a-56-15 omnilex-key=us-nj-statutes--title-18a--18A:56-15}

The income of the school fund shall be paid into the general fund of the state treasury, and shall be used for the support of public schools, the payment of salaries of county superintendents and the payment of accrued interest on bonds purchased for the fund, the payment of interest on, and the purchase of, bonds issued locally for school purposes to the extent and within the limits provided by law, and for no other use or purpose whatsoever. The payment of premiums on bonds purchased shall be made out of the investment account.

##### **§ 18A:56-16** Certification of anticipated default; purchase of bonds, payment of interest by trustees; State aid treatment. {#sec-18a-56-16 omnilex-key=us-nj-statutes--title-18a--18A:56-16}

In the event that a school district or a county or municipality anticipates that it will be unable to meet the payment of principal or interest on any of its bonds issued for school purposes after December 4, 1958, it shall certify such liability to the commissioner and the Director of the Division of Local Finance at least 10 days prior to the date any such payment is due. If the commissioner and director shall approve said certification, they shall immediately certify the same to the trustees of the fund for the support of public schools. Upon the receipt thereof, or in the event any such district, county or municipality fails to certify its anticipated inability to meet any such payments, upon notice and verification of such inability, the trustees shall, within the limits of the school bond guaranty reserve established within the fund purchase any such bonds at a price equivalent to the face amount thereof or pay to the holder of any such bond the interest due or to become due thereon, as the case may be, and such purchases and payments of interest may continue so long as the district, county or municipality remains unable to make such payments. Upon making any such payment of interest, the trustees of the fund shall be subrogated to all rights of the bondholder against the issuer in respect to the collection of such interest and if such interest is represented by a coupon such coupon shall be delivered to the trustees of the fund.

The State Treasurer shall act as agent of the trustees of the fund in making any such payments or purchases, and he shall prescribe, in consultation with the commissioner, such rules and regulations as may be necessary and proper to effectuate the purposes of this section.

The amount of any payment of interest or purchase price pursuant to this section shall be deducted from the appropriation or apportionment of State aid, other than any State aid which may be otherwise restricted pursuant to the provisions of P.L.2007, c.260 (C.18A:7F-43 et al.), payable to the district, county or municipality and shall not obligate the State to make, nor entitle the district, county or municipality to receive, any additional appropriation or apportionment. Any amount so deducted shall be applied by the State Treasurer to satisfy the obligation of the district, county or municipality arising as a result of the payment of interest or purchase price pursuant to this section.

##### **§ 18A:56-17** Short title {#sec-18a-56-17 omnilex-key=us-nj-statutes--title-18a--18A:56-17}

This act shall be known and may be cited as the "New Jersey School Bond Reserve Act."

##### **§ 18A:56-18** Legislative finding and declaration {#sec-18a-56-18 omnilex-key=us-nj-statutes--title-18a--18A:56-18}

The Legislature finds and declares that:

a. It has the authority pursuant to Article VIII, Section IV, paragraph 2 of the State Constitution to secure the payment of principal of and interest on bonds issued for school purposes by counties, municipalities or school districts by means of a pledge of a portion of the assets of the fund for the support of free public schools created by that paragraph of the Constitution;

b. It wishes to exercise its authority under that paragraph in the manner specified in this act to provide a source of funds to act as a reserve for the prompt payment of principal of and interest on bonds issued for school purposes, in the event of the inability of the issuer to make payment, out of that portion of the resources of the fund for the support of free public schools hereinafter pledged for that purpose.

##### **§ 18A:56-19** School bond reserve accounts; establishment; composition; funding of accounts. {#sec-18a-56-19 omnilex-key=us-nj-statutes--title-18a--18A:56-19}

5. a. There is established within the fund for the support of free public schools a school bond reserve. The school bond reserve shall consist of two accounts, the old school bond reserve account and the new school bond reserve account. The old school bond reserve account shall be funded in an amount equal to at least 1 1/2 % of the aggregate issued and outstanding bonded indebtedness of counties, municipalities or school districts for school purposes for all such indebtedness issued prior to the effective date of P.L.2003, c.118, exclusive of bonds the debt service for which is provided by State appropriations but not to exceed the moneys available in the account. The new school bond reserve account shall be funded in an amount equal to at least 1% of the aggregate issued and outstanding bonded indebtedness of counties, municipalities or school districts for school purposes for all such indebtedness issued on and after the effective date of P.L.2003, c.118, exclusive of bonds the debt service for which is provided by State appropriations. The school bond reserve shall be composed entirely of direct obligations of the United States Government or obligations guaranteed by the full faith and credit of the United States Government.

b. Securities representing at least one-third of the minimum market value to be held in the school bond reserve shall be due to mature within one year of the date of issuance or purchase. It shall be the duty of the trustees of the fund to determine that the school bond reserve is established at the proper level, based on the market value of the obligations on the effective date of this act, to ascertain annually on or before September 15 the aggregate amount of bonds issued and outstanding and to maintain the old school bond reserve account and the new school bond reserve account at the appropriate levels for the ensuing year based on annual market valuations of the obligations. The trustees are authorized to retain so much of the income earned by the fund in the preceding year as they may determine to be required to maintain each account in the reserve at the levels herein specified. The amount of the reserve held in the old school bond reserve account so established is pledged as security for prompt payment, in accordance with the provisions of N.J.S.18A:56-16, to holders of bonds issued prior to the effective date of P.L.2003, c.118, for school purposes by counties, municipalities or school districts of principal of and interest on the bonds in the event of the inability of the issuer to make payment. The amount of the reserve held in the new school bond reserve account so established is pledged as security for prompt payment, in accordance with the provisions of N.J.S.18A:56-16, to holders of bonds issued on and after the effective date of P.L.2003, c.118, for school purposes by counties, municipalities or school districts of principal of and interest on the bonds in the event of the inability of the issuer to make payment. In the event the amount held in the old school bond reserve account exceeds the amount required to be held pursuant to subsection a. of this section, the excess may be transferred by the State Treasurer to the new school bond reserve account. In the event the amounts in either the old school bond reserve account or the new school bond reserve account fall below the amount required to make payments on bonds, the amounts in both the old school and new school bond reserve accounts shall be available to make payments for bonds secured by the reserve.

c. Beginning with the fiscal year ending on June 30, 2003 and continuing on each June 30 thereafter, the State Treasurer shall calculate the amount necessary to fully fund the old school bond reserve account and the new school bond reserve account as required pursuant to subsection a. of this section. To the extent moneys available under P.L.1967, c.271 (C.18A:56-1 et seq.) are insufficient to maintain each account in the reserve at the required levels, the State hereby agrees that the State Treasurer shall, no later than September 15 of the fiscal year following the June 30 calculation date, pay to the trustees for deposit in the school bond reserve such amounts as may be necessary to maintain the old school bond reserve account and the new school bond reserve account at the levels set forth in subsection a. of this section. No moneys may be borrowed from the fund to provide liquidity to the State unless the 1 1/2% and 1% accounts are at the levels certified as full funding on the most recent June 30 calculation date.

##### **§ 18A:56-20** School bond legend. {#sec-18a-56-20 omnilex-key=us-nj-statutes--title-18a--18A:56-20}

6. a. Bonds issued for school purposes by counties, municipalities or school districts subsequent to the effective date of P.L.1980, c.72 (C.18A:56-17 et seq.) and prior to the effective date of P.L.2003, c.118, shall bear the following legend: "Payment of this obligation is secured under the provisions of the 'New Jersey School Bond Reserve Act' in accordance with which an amount equal to 1 1/2 % of the aggregate outstanding bonded indebtedness (but not to exceed the moneys available in the fund), of New Jersey counties, municipalities and school districts for school purposes as of September 15 of each year, is held within the State Fund for the Support of Free Public Schools as a school bond reserve pledged by law to secure payments of principal and interest due on such bonds in the event of the inability of the issuer to make payment."

b. Bonds issued for school purposes by counties, municipalities or school districts on and after the effective date of P.L.2003, c.118, shall bear the following legend: "Payment of this obligation is secured under the provisions of the 'New Jersey School Bond Reserve Act' in accordance with which an amount equal to 1% of the aggregate outstanding bonded indebtedness (but not to exceed the moneys available in the fund), of New Jersey counties, municipalities and school districts for school purposes as of September 15 of each year, is held within the State Fund for the Support of Free Public Schools as a school bond reserve pledged by law to secure payments of principal and interest due on such bonds in the event of the inability of the issuer to make payment."

##### **§ 18A:56-21** Schools facilities financing reserve {#sec-18a-56-21 omnilex-key=us-nj-statutes--title-18a--18A:56-21}

6. a. There is hereby established within the fund for the support of free public schools a school facilities financing reserve, to which shall be credited an amount necessary to secure the principal of and interest on school bonds issued to represent the loans that secure the bonds issued by the New Jersey Economic Development Authority pursuant to section 7 of this 1993 amendatory and supplementary act. The amount of the reserve so established shall not exceed the moneys available in the fund or include those amounts in the fund that are obligated for the purposes of the school bond reserve fund established pursuant to section 5 of P.L.1980, c.72 (C.18A:56-19). The reserve shall be pledged as security for prompt payment to the authority by the school districts of the principal and interest on the school bonds issued to represent the loans made under section 7 of this 1993 amendatory and supplementary act in the event of the inability of the school districts to make timely payment. These amounts shall be used by the authority for payment to holders of bonds issued pursuant to section 7 of this 1993 amendatory and supplementary act. The school facilities financing reserve shall be composed entirely of direct obligations of the United States Government or obligations guaranteed by the full faith and credit of the United States Government. Securities representing at least one-third of the minimum market value to be held in the school facilities financing bond reserve shall be due to mature within one year of the date of issuance or purchase.

b. It shall be the duty of the trustees of the fund to determine that the school facilities financing bond reserve is established at the proper level, based on the market value of the obligations to be held therein on the effective date of this 1993 amendatory and supplementary act, to ascertain annually on or before September 15 of each year the aggregate amount of bonds issued by the New Jersey Economic Development Authority pursuant to section 7 of this 1993 amendatory and supplementary act and the amount outstanding, and to maintain the school facilities financing bond reserve at an appropriate level for the ensuing year based on annual market valuations of the obligations. The State Treasurer, acting as agent of the trustees, is authorized to retain as much of the income earned by the fund in the preceding year as he may determine to be required to maintain the school facilities financing bond reserve at the level herein specified.

c. Bonds issued by the New Jersey Economic Development Authority pursuant to section 7 of this 1993 amendatory and supplementary act shall contain, in addition to any other language required to issue the bonds, a statement, in bold print, that the loans that secure the bonds are secured by monies reserved in the fund for the support of free public schools pursuant to the provision of the "Public School Capital Finance Assistance Act."

## **Chapter 57** {#struct-chapter-57}

##### **§ 18A:57-1** Payment of income for support of schools {#sec-18a-57-1 omnilex-key=us-nj-statutes--title-18a--18A:57-1}

Every county shall pay into the state treasury the interest on the principal of the surplus revenue which shall not have been repaid or redeposited in the state treasury, and the same, and the income on the surplus revenue repaid or redeposited by the county in the state treasury, shall be used for the support of the public schools.

## **Chapter 58** {#struct-chapter-58}

##### **§ 18A:58-7.1** School lunch program {#sec-18a-58-7.1 omnilex-key=us-nj-statutes--title-18a--18A:58-7.1}

Each school district or nonprofit nonpublic school participating in the National School Lunch Program shall be reimbursed for each Type A lunch as defined within an approved contract with the Department of Education at a rate not to exceed the maximum amount permissible under Federal regulations for the general-cash-for-food assistance phase of the program. Whenever the Federal funds available to the Department of Education are less than the maximum amount permissible under Federal regulation, the State may provide, within the limitations of available State funds, an amount which, when added to the Federal funds, will equal the maximum amount permissible under Federal regulations for the general-cash-for-food assistance phase of the program.

##### **§ 18A:58-7.1a** Nonprofit nonpublic school defined {#sec-18a-58-7.1a omnilex-key=us-nj-statutes--title-18a--18A:58-7.1a}

As used in this act "nonprofit nonpublic school" means an elementary or secondary school in this State, other than a public school, organized and operated not for profit, offering education for grades kindergarten through 12, or any combination thereof, wherein a child may legally fulfill compulsory school attendance requirements and which complies with the requirements of Title VI of the Federal Civil Rights Act (P.L. 88-352).

##### **§ 18A:58-7.2** School lunch program; additional state aid {#sec-18a-58-7.2 omnilex-key=us-nj-statutes--title-18a--18A:58-7.2}

Each school district or nonprofit nonpublic school participating in the special assistance phase of the National School Lunch Program as defined within an approved contract with the Department of Education shall be paid an additional State reimbursement for each Type A lunch served free or at a reduced price. Such rate of additional State reimbursement per lunch shall not exceed 50% of the total rate of reimbursement per each such Type A lunch served free or at a reduced price payable from Federal funds.

##### **§ 18A:58-11** Emergency aid {#sec-18a-58-11 omnilex-key=us-nj-statutes--title-18a--18A:58-11}

There shall be appropriated annually the sum of $500,000.00 to be distributed by the commissioner, upon the approval of the State board, to meet unforeseeable conditions, including substantial increases in enrollments, in any school district. The amount of such emergency aid shall be payable by the State Treasurer upon the certificate of the commissioner and the warrant of the Director of the Division of Budget and Accounting.

##### **§ 18A:58-11.1** Loss of tuition to district due to establishment of regional district; state aid for one year {#sec-18a-58-11.1 omnilex-key=us-nj-statutes--title-18a--18A:58-11.1}

Special State aid may be paid by the Commissioner of Education to any district which experiences a loss of tuition caused by the termination of a sending-receiving relationship due to the establishment of a regional district for 1 year following such loss. The amount of such aid in conjunction with other available resources shall be sufficient to meet the financial need of said district caused by the loss of such tuition.

##### **§ 18A:58-11.2** Rules and regulations {#sec-18a-58-11.2 omnilex-key=us-nj-statutes--title-18a--18A:58-11.2}

The commissioner shall make such rules and regulations as are necessary for the implementation of this act.

##### **§ 18A:58-19** Certain repealers saved {#sec-18a-58-19 omnilex-key=us-nj-statutes--title-18a--18A:58-19}

Section 18 of "An act concerning state aid for schools, making an appropriation therefor, and repealing P.L.1946, c. 63, P.L.1948, c. 66, P.L.1951, c. 227, sections 18:10-49, 18:12-4 through 18:12-9, and 18:15-6 through 18:15-16 of the Revised Statutes and amendments and supplements thereto," approved June 30, 1954 (P.L.1954, c. 85), is saved from repeal.

##### **§ 18A:58-33.2** Application for additional state building aid; investigation {#sec-18a-58-33.2 omnilex-key=us-nj-statutes--title-18a--18A:58-33.2}

Whenever a local board of education determines by resolution that it is unable to comply with the provisions of section 18A:33-1 of the New Jersey Statutes, it may file an application for additional State building aid with the Commissioner of Education and the State Board of Education. Upon the receipt of any such application, the Commissioner of Education and the State Board of Education shall cause an investigation of the conditions to be made in the district, taking into consideration the unhoused pupils, rate of pupil population increase, total tax rate of the municipality or municipalities of the district, school tax rate of the district, the net debt of the municipality or municipalities and the school debt, the density of population, the apportionment valuation in support of each child, the number of children on welfare rolls, and such other factors as the commissioner and State board may deem necessary.

##### **§ 18A:58-33.3** Additional state school building aid; maximum amount {#sec-18a-58-33.3 omnilex-key=us-nj-statutes--title-18a--18A:58-33.3}

(a) If the findings of said investigation show, to the satisfaction of the State Board of Education, that such school district is not able to provide the necessary facilities to comply with the provisions of said section 18A:33-1, the State Board of Education may by its resolution make its determination (1) that such school district is entitled to additional State school building aid in an amount (hereinafter sometimes referred to as the "allocation" ) not to exceed $25.00 per student in resident enrollment on September 30, 1968, and (2) that the school district projects or educational facilities authorized to be undertaken or provided pursuant to ordinance or proposal submitted with said application will assist the school district in providing necessary facilities as aforesaid and the bonds authorized in said ordinance or proposal for financing such projects or educational facilities shall constitute and shall be bonds entitled to the benefits or provisions of this act. The Commissioner of Education shall be and is hereby authorized to endorse upon any copy of such ordinance or proposal a certification thereof as being the ordinance or proposal as to which a determination of the State Board of Education has been made as aforesaid, and such endorsement shall be made in such form or manner as the commissioner shall determine.

(b) Any resolution of the State Board of Education adopted prior to April 1, 1970, setting forth a declaration or determination as to the amount of additional State school building aid to which any school district shall be entitled under this act by reference to the average daily enrollment of such school district shall be held and construed to be a reference to the resident enrollment of students of such school district on September 30, 1968, and the amount of such additional State school building aid shall constitute the allocation with respect to such school district for any and all purposes provided in this act and the amount to be received annually by or with respect to such school district pursuant to the provisions of this act.

(c) The Commissioner of Education, the State Board of Education, the State Treasurer and the local finance board are each hereby authorized and empowered to consider any application of any school district with respect to additional State school building aid in connection with any school district projects or educational facilities authorized to be undertaken or provided pursuant to an ordinance or proposal submitted with such application, notwithstanding that such ordinance or proposal was adopted, approved or became effective prior to April 1, 1970 and provided that such ordinance or proposal had not been adopted, approved or become effective prior to January 1, 1968, and to make or provide any and all investigations, determinations, endorsements, certifications, considerations, approvals, restrictions, limitations, consents, resolutions, estimates or approvals, which may be required or provided for by this act with respect to any such ordinance or proposal, school district or school district projects or educational facilities, as if such ordinance or proposal had not been adopted, approved or become effective, and any bonds authorized by such ordinance or proposal shall be entitled to all the benefits of the provisions of this act.

##### **§ 18A:58-33.4** Approval of additional aid and proposal authorizing bonds by state treasurer and local finance board; bonds entitled to benefits of this act {#sec-18a-58-33.4 omnilex-key=us-nj-statutes--title-18a--18A:58-33.4}

(a) A copy of said resolution of the State Board of Education determining a school district to be entitled to additional State school building aid, together with a copy of said ordinance or proposal bearing the endorsement of the Commissioner of Education, shall be submitted to the State Treasurer for his consideration. If the State Treasurer is satisfied after investigation either, (a) that the payment of the debt service (interest and principal) on the bonds proposed to be authorized by such ordinance or proposal will not cause the amount of additional State school building aid to be paid pursuant to this act to exceed the sum herein provided (with respect to such school district), or (b) that the payment of the debt service (interest and principal) in each year on the bonds authorized by such ordinance or proposal will not exceed the allocation with respect to such school district, he shall endorse his approval to that effect upon the copy of such ordinance or proposal.

(b) A copy of any such ordinance or proposal authorizing bonds for school purposes and bearing said endorsements of the Commissioner of Education and State Treasurer, shall be submitted to the local finance board for its consideration, and the local finance board in considering such copy of any ordinance or proposal submitted to it and before endorsing its consent thereon may require the governing body of any municipality or board of education of any school district submitting any such ordinance or proposal to adopt resolutions restricting or limiting any future proceedings therein or other matters or things deemed by the local finance board to affect any estimate made or to be made by it in accordance with subsection (c) hereof, and every such resolution so adopted shall constitute a valid and binding obligation of such municipality or school district, as the case may be, running to and enforceable by, and releasable by, the local finance board.

(c) Within 60 days after such submission to it, the local finance board shall cause its consent to be endorsed upon such copy of any ordinance or proposal authorizing such bonds, if it shall be satisfied, and shall record by resolution, its estimates that the amounts to be expended for the school district projects or educational facilities to be financed pursuant to such ordinance or proposal are not unreasonable or exorbitant; and that issuance of the bonds, proposed to be authorized by such ordinance or proposal, will not materially impair the credit of any municipality comprised within the district or substantially reduce its ability, during the ensuing 10 years, to pay punctually the principal and interest of its debts and supply essential public improvements and services, but if the local finance board is not so satisfied it shall cause its disapproval to be endorsed on such copy within said period of 60 days.

(d) Any bonds entitled to the benefits of the provisions of this act, shall be deductible in determining the net school debt of any school district for any purpose or computation under section 18A:24-19 of the New Jersey Statutes, and the amount of all such bonds shall be deducted from the gross debt of any municipality constituting the whole or any part of such school district for any of the purposes of section 40A:2-44 of the New Jersey Statutes and shall be a deduction within the meaning and for the purpose of clause (g) of said section to any extent that such bonds are not deductible under clause (a) or clause (b) of said section, and shall at all times constitute a deduction from gross debt on any annual or supplemental debt statement of such municipality.

(e) All of such bonds when issued shall contain a recital to the effect that they are issued pursuant to Title 18A, Education, of the New Jersey Statutes and are entitled to the benefits of the provisions of this act. Any bonds entitled to the benefits of the provisions of this act shall be authorized and issued in the manner provided for in Title 18A, Education, of the New Jersey Statutes, and notwithstanding the provisions of section 18A:24-19 of the New Jersey Statutes. Compliance with the provisions of this act by or on behalf of any school district or municipality shall make it unnecessary to comply with any of the provisions of sections 18A:24-20 through 18A:24-27 of the New Jersey Statutes, and such sections shall not be applicable with respect to authorization or issuance of any bonds entitled to the benefits of the provisions of this act. Bonds entitled to the benefits of the provisions of this act shall mature not later than 30 years from their date and without regard to any limitations as to maturities or amounts of annual installments for such bonds as provided in Title 18A, Education, of the New Jersey Statutes.

(f) The Commissioner of Education is hereby authorized and directed to establish and maintain records pertaining to each issue of bonds entitled to the benefits of this act and setting forth as to such bonds the amount to be payable in each year on account of debt service (interest and principal) on such bonds, and such records as aforesaid shall be conclusive as to the amount so payable on account of such debt service, and the Commissioner of Education is hereby authorized and empowered to certify for any purpose such amounts as so payable on account of debt service with respect to such bonds. A school district or municipality authorized to issue such bonds may make application to the Commissioner of Education and the local finance board setting forth request for adjustment as to amount payable in any year on account of debt service with respect to such bonds, and the Commissioner of Education and the local finance board are each hereby authorized and empowered to grant such request if it shall be found that such request is reasonable and in the financial interest of such school district or municipality, and that the requested adjustment as to the amount payable in any year for debt service (principal and interest) on such bonds does not exceed the amount of the allocation then applicable as to such year with respect to such school district or municipality. The Commissioner of Education shall cause such records to be adjusted and shall certify by reference to such records the adjusted debt service with respect to such bonds after giving effect to such request, and such bonds shall thereafter be eligible with respect to payments hereunder for debt service (principal and interest) in accordance with such certification. Upon issuance of any bonds benefiting under this act the chief financial officer of the school district or municipality issuing such bonds shall, within 30 days after issuance of such bonds, certify to the Commissioner of Education the exact amount payable on account of debt service (interest and principal) on such bonds in each year and the name and address of the paying agent or paying agents for such bonds or notes, and upon receipt of such certification, the Commissioner of Education shall thereupon cause such records to be adjusted with respect to such bonds giving effect to any increase or decrease resulting in any year as to payments on account of interest on or principal of such bonds as shown by said certification of said chief financial officer. Any certification by the Commissioner of Education with respect to bonds to the effect that such bonds are entitled to the benefits of the provisions of this act or as to amount payable in any year for debt service (principal and interest) on such bonds shall be fully conclusive as to such bonds from and after the time of issuance of such bonds, notwithstanding any irregularity, omission or failure as to compliance with any of the provisions of this act with respect to such bonds, provided that such bonds contain a recital to the effect that they are entitled to the benefits of the provisions of this act, and all persons shall be forever estopped from denying that such bonds are entitled to the benefits of the provisions of this act.

(g) Any school district or municipality which has authorized bonds and which are entitled to the benefits of this act, may issue temporary notes or loan bonds (hereinafter called "obligations" ) in anticipation of the issuance of permanent bonds to the extent permitted or provided for by or pursuant to the provisions of Title 18A, Education, of the New Jersey Statutes and any other laws applicable, in principal amount not in excess of the principal amount of the permanent bonds and subject to such additional terms or conditions with respect to such obligations as may be fixed or required by the Commissioner of Education or the local finance board under authority of this act. The amount and details of any such obligations issued and the interest payable thereon and the name and address of the paying agent or paying agents for such bonds or notes shall be certified by the chief financial officer of such school district or municipality to the Commissioner of Education. The whole or any part of the allocation then applicable to any school district pursuant to this act is hereby authorized to be paid in any year in which such obligations are outstanding and notwithstanding that permanent bonds have not been issued, pursuant to such terms and conditions as may be determined by the Commissioner of Education, for use and application of the amount so paid to the payment of interest on such obligations and so much of the principal thereof in any such year as shall be determined by said commissioner. The determination of the commissioner hereunder provided for shall be conclusive as to such matters, and receipt of the amount of such allocation so paid shall be used and applied only for the payment of the interest on the principal of such obligations in accordance with such determination by said commissioner.

(h) No bonds or notes entitled to the benefits of this act shall be issued unless there is designated therefor a paying agent or paying agents, at least one of which is a bank or trust company authorized to do business in this State. All amounts of additional State school building aid to be paid under the provisions of this act with respect to any school district for debt service (principal and interest) on bonds or notes entitled to the benefits of this act shall, on or before the date for such payment of interest and principal, be paid on behalf of the school district or municipality issuing such bonds or notes to the paying agent or paying agents for such bonds or notes in amount with respect to such date as reflects the amount of principal or interest, respectively, payable as to such date by reason of such additional State school building aid hereunder payable with respect to such school district. Amounts so paid to such paying agent or paying agents shall be applied to the payment of debt service (principal and interest) on such bonds or notes and for no other purpose.

(i) Pending application to the purposes for which bonds or notes entitled to the benefits of this act are issued, the proceeds of such bonds or notes shall be invested or deposited subject to regulations prescribed by the State Treasurer. On January 10 in each year the custodian of school moneys of a Type II school district or the chief financial officer of the municipality of a Type I school district, as the case may be, shall certify and pay to the State Treasurer the amount of earnings received during the preceding year from the investment or deposit of the proceeds from the sale of such bonds or notes, which amounts shall be held by him and applied only to the payment of principal and interest on such bonds or notes.

##### **§ 18A:58-33.5** Inclusion in annual budget; payment of debt service on bonds {#sec-18a-58-33.5 omnilex-key=us-nj-statutes--title-18a--18A:58-33.5}

As provided in this act, every school district shall be entitled to receive annually the amount of the additional State school building aid (the allocation) determined in the resolutions of the State Board of Education and the State Board of Education shall include such amount in its annual budget for building aid for the school district. Amounts of such building aid paid under this act shall be used only for the payment of debt service (interest and principal) on bonds entitled to the benefits of the provisions of this act, in accordance with said resolution, except to the extent otherwise provided in this act with respect to obligations issued in anticipation of such bonds; provided, (a) that no proposal authorizing such bonds was approved prior to January 1, 1968 either by the voters or the board of school estimate, and no permanent bonds were issued thereunder prior to January 13, 1970, and (b) that the total principal amount of bonds entitled to the benefits of the provisions of this act in accordance with resolutions adopted by the State Board of Education pursuant to the provisions of this act, and for the payment of the debt service (interest and principal) as to which bonds additional school building aid may be paid pursuant to this act, shall not exceed $90,000,000.00.

##### **§ 18A:58-33.6** Short title {#sec-18a-58-33.6 omnilex-key=us-nj-statutes--title-18a--18A:58-33.6}

This act may be cited as the "Additional State School Building Aid Act of 1970."

##### **§ 18A:58-33.7** Additional aid for payment of debt service on bonds and notes; limitations {#sec-18a-58-33.7 omnilex-key=us-nj-statutes--title-18a--18A:58-33.7}

Additional State school building aid shall be made available to school districts in accordance with the provisions of this act for the payment of debt service (interest and principal) on bonds and notes (as hereinafter defined) entitled to the benefits of this act, provided that the amount of aid payable in any year to any school district shall not exceed an amount equal to $25.00 per pupil in resident enrollment in such school district on September 30, 1969, and provided further that the total principal amount of bonds entitled to the benefits of this act shall not exceed $90,000,000.00.

##### **§ 18A:58-33.8** Resolution of need; application by board of education; investigation; report {#sec-18a-58-33.8 omnilex-key=us-nj-statutes--title-18a--18A:58-33.8}

Whenever the board of education of a school district shall determine by resolution that it is unable to provide suitable educational facilities to comply with the provisions of section 18A:33-1 of the New Jersey Statutes, it may file an application with the Commissioner of Education for additional State school building aid under this act. Upon the receipt of such application, the Commissioner of Education shall cause an investigation to be made of the conditions in the district, taking into consideration the number of unhoused pupils, the rate of pupil population increase, the total tax rate of the municipalities in the district, the school tax rate of the district, the net debt of such municipalities and the school debt, the density of population, the apportionment valuations allocable with respect to each child in the school district, the number of children on welfare rolls, existing and proposed educational facilities and all such other factors as said commissioner or the State Board of Education may deem necessary for the purpose of this act. The Commissioner of Education shall report the results of such investigation to the State Board of Education and may include therein an evaluation of the ability of such school district to provide suitable educational facilities to comply with the provisions of said section 18A:33-1, and of the need of such school district for additional State school building aid under this act, advice as to the resident enrollment in such school district as of September 30, 1969 as shown by records with respect thereto on file in his office, recommendation as to the amount (if any) of entitlement (as hereinafter defined) proposed with respect to said school district, and such further information with respect to such school district as requested or required by said board.

##### **§ 18A:58-33.9** Resolution by state board of education; submission of ordinance or proposal authorizing issuance of bonds; endorsement {#sec-18a-58-33.9 omnilex-key=us-nj-statutes--title-18a--18A:58-33.9}

(a) If the State Board of Education shall find that such school district is not able to provide the suitable educational facilities to comply with the provisions of said section 18A:33-1 the State Board of Education shall by resolution determine: (1) that such school district is entitled to receive additional State school building aid pursuant to this act, (2) the number of pupils in resident enrollment in such school district on September 30, 1969 for purposes of computation under this act, (3) the principal amount of bonds (which amount is hereinafter sometimes referred to as the "entitlement" ) which are to be entitled to the benefits of the provisions of this act, and (4) the maturity schedule for such principal amount of bonds approved by said board.

(b) At any time within 1 year after the adoption by the State Board of Education of the resolution referred to in subparagraph (a) with respect to a particular school district, said school district may submit to the Commissioner of Education a copy of a proposal or ordinance authorizing the issuance of bonds entitled to the benefits of this act in accordance with said resolution. If no such proposal or ordinance is submitted within 1 year the said resolution shall be of no further force and effect and the commissioner shall so notify said school district. The Commissioner of Education shall be and is hereby authorized to endorse upon any copy of such proposal or ordinance a certification thereof as being the proposal or ordinance as to which a determination of the State Board of Education has been made as aforesaid, and such endorsement shall be made in such form or manner as said commissioner shall determine.

##### **§ 18A:58-33.10** Approval by local finance board; endorsement {#sec-18a-58-33.10 omnilex-key=us-nj-statutes--title-18a--18A:58-33.10}

(a) A copy of the resolution of the State Board of Education referred to in section 4(a) and a copy of the proposal or ordinance referred to in section 4(b), bearing the endorsement of the Commissioner of Education as aforesaid, shall be submitted to the Local Finance Board in the Division of Local Finance for its consideration, and the Local Finance Board in considering such copy of proposal or ordinance submitted to it and before endorsing its consent thereon may require the board of education of any school district or the governing body of any municipality in such school district to adopt resolutions restricting or limiting any future proceedings therein or other matters or things deemed by the Local Finance Board to affect any estimate made or to be made by it in accordance with subsection (b) hereof, and every such resolution so adopted shall constitute a valid and binding obligation of such school district or municipality, as the case may be, running to and enforceable by, and releasable by, the Local Finance Board.

(b) Within 60 days after such submission to it, the Local Finance Board shall cause its consent to be endorsed upon such copy of any proposal or ordinance authorizing such bonds, if it shall be satisfied, and shall record by resolution, its estimates that the amounts to be expended for the education facilities to be financed pursuant to such proposal or ordinance are not unreasonable or exorbitant, and that issuance of the bonds, to be authorized by such proposal or ordinance, will not materially impair the credit of any municipality comprised within the district or substantially reduce its ability, during the ensuing 10 years, to pay punctually the principal and interest of its debts and supply essential public improvements and services, but if the Local Finance Board is not so satisfied it shall cause its disapproval to be endorsed on such copy within said period of 60 days.

##### **§ 18A:58-33.11** Change in maturity schedule for bonds; resolution; approval; endorsement {#sec-18a-58-33.11 omnilex-key=us-nj-statutes--title-18a--18A:58-33.11}

(a) If the board of education of a school district shall determine by resolution that the maturity schedule for bonds entitled to the benefits of this act, other than the maturity schedule approved by the State Board of Education by resolution pursuant to section 4(a) of this act, is in the best interest of said school district, it may make application to the State Board of Education setting forth such belief and the grounds therefor and requesting approval of a schedule of maturities for such bonds set forth in the application. If the State Board of Education, by resolution, shall find that the schedule of maturities set forth in the application is in the best interest of the school district and the State, it shall cause its approval to be endorsed thereon and shall forward said application to the Local Finance Board.

(b) Within 60 days after submission to the Local Finance Board of an application in accordance with section 6(a) of this act, it shall cause its approval to be endorsed thereon if it shall be satisfied and shall record by resolution its findings that the belief set forth in such application is well founded and that issuance of the bonds mentioned and described in such application would not materially impair the credit of any municipality comprised within the school district or substantially reduce its ability, during the ensuing 10 years, to pay punctually the principal and interest of its debts and supply essential public improvements and services, but if the Local Finance Board is not so satisfied, it shall cause its disapproval to be endorsed on such copy within said period of 60 days.

##### **§ 18A:58-33.12** Deduction of bonds from school debt and gross debt of municipality {#sec-18a-58-33.12 omnilex-key=us-nj-statutes--title-18a--18A:58-33.12}

Any bonds entitled to the benefits of the provisions of this act, shall be deducted from the school debt in determining the net school debt of any school district for any purpose or computation under section 18A:24-19 of the New Jersey Statutes, and the amount of all such bonds shall be deducted from the gross debt of any municipality constituting the whole or any part of such school district pursuant to section 40A:2-44(g) of the New Jersey Statutes.

##### **§ 18A:58-33.13** Issuance of bonds; contents; limitation on maturity {#sec-18a-58-33.13 omnilex-key=us-nj-statutes--title-18a--18A:58-33.13}

All of such bonds when issued shall contain a recital to the effect that they are issued pursuant to Title 18A, Education, of the New Jersey Statutes and are entitled to the benefits of the provisions of this act. Except as otherwise provided in this act, any bonds entitled to the benefits of the provisions of this act shall be authorized and issued in the manner provided for in said Title 18A. Compliance with the provisions of this act by or on behalf of any school district or municipality shall make it unnecessary to comply with any of the provisions of sections 18A:24-20 through 18A:24-27 of the New Jersey Statutes, and such sections shall not be applicable with respect to authorization or issuance of any bonds entitled to the benefits of the provisions of this act. Bonds entitled to the benefits of the provisions of this act shall mature not later than 30 years from their date, without regard to any limitations as to maturities or amounts of annual installments for such bonds as provided in said Title 18A.

##### **§ 18A:58-33.14** Temporary notes or loan bonds; issuance {#sec-18a-58-33.14 omnilex-key=us-nj-statutes--title-18a--18A:58-33.14}

Any school district or municipality which has authorized bonds which are entitled to the benefits of this act, may issue temporary notes or loan bonds (hereinafter called "notes" ) in anticipation of the issuance of permanent bonds to the extent permitted or provided by or pursuant to the provisions of Title 18A, Education, of the New Jersey Statutes or any other laws applicable, subject to such additional terms or conditions with respect to such notes as may be fixed or required by the Commissioner of Education to insure that funds are borrowed only as needed to meet required payments for construction or acquisition of the educational facilities to be financed by the issuance of permanent bonds.

##### **§ 18A:58-33.15** Certification of annual debt service; conclusiveness of entitlement to benefits of act {#sec-18a-58-33.15 omnilex-key=us-nj-statutes--title-18a--18A:58-33.15}

Within 10 days after issuance of any bonds or notes entitled to the benefits of this act, the chief financial officer of the school district or municipality issuing such bonds or notes shall certify to the Commissioner of Education the exact amount payable on account of debt service (interest and principal) on such bonds or notes in each year and the name and address of the paying agent or paying agents for such bonds or notes. The Commissioner of Education shall thereupon verify said amounts and certify the same to the State Treasurer together with the name and address of the paying agent or paying agents for such bonds or notes. The certification by the Commissioner of Education as to amount payable in any year for debt service (principal and interest) on such bonds or notes shall be fully conclusive as to such bonds or notes from and after the time of issuance of such bonds or notes, notwithstanding any irregularity, omission or failure as to compliance with any of the provisions of this act with respect to such bonds or notes, provided that such bonds or notes contain a recital to the effect that they are entitled to the benefits of the provisions of this act, and all persons shall be forever estopped from denying that such bonds or notes are entitled to the benefits of the provisions of this act.

##### **§ 18A:58-33.16** Entitlement of school district to aid under act; additional aid {#sec-18a-58-33.16 omnilex-key=us-nj-statutes--title-18a--18A:58-33.16}

Any school district shall be eligible for an entitlement hereunder, and any entitlement may be made hereunder with respect to any school district, notwithstanding that such school district may then be eligible for or shall have heretofore received or shall hereafter receive additional State school building aid or any entitlement with respect thereto under any other act, it being the legislative intent that additional State school building aid hereunder provided shall be independent of, or may be in addition to, any such aid received or to be received as aforesaid. Any school district, with respect to which any determination as to additional State school building aid or any entitlement has been theretofore made pursuant to this act, may make application for further additional State school building aid and for further entitlement, or increase or revision in any such entitlement theretofore made, provided that the aggregate amount of State aid for any school district in any year pursuant to this act shall not exceed the amount specified in section 2 of this act.

##### **§ 18A:58-33.17** Authorization for commissioner of education, state board of education and local finance board to consider application for aid; annual review {#sec-18a-58-33.17 omnilex-key=us-nj-statutes--title-18a--18A:58-33.17}

The Commissioner of Education, the State Board of Education and the Local Finance Board are each hereby authorized and empowered to consider any application of any school district with respect to additional State school building aid under this act in connection with any educational facilities authorized to be undertaken pursuant to Title 18A of the New Jersey Statutes notwithstanding that such facilities were authorized or approved prior to the taking effect of this act. The State board shall, within 1 year from the date on which this act shall become effective and during each succeeding year, review the status of educational facilities of each school district, which is entitled to receive additional state building aid pursuant to this act. Said reviews shall continue annually until such facilities are completed.

##### **§ 18A:58-33.18** Payment of moneys on behalf of school districts to paying agent {#sec-18a-58-33.18 omnilex-key=us-nj-statutes--title-18a--18A:58-33.18}

All amounts of additional State school building aid to be paid under the provisions of this act with respect to any school district for debt service (principal and interest) on bonds or notes entitled to the benefits of this act shall, on or before the date for such payment of interest and principal, be paid on behalf of the school district or municipality issuing such bonds or notes to the paying agent or paying agents for such bonds or notes in amount with respect to such date as reflects the amount of principal or interest, respectively, payable as to such date by reason of such additional State school building aid hereunder payable with respect to such school district. Amounts so paid to such paying agent or paying agents shall be applied to the payment of debt service (principal and interest) on such bonds or notes and for no other purpose.

##### **§ 18A:58-33.19** Annual payments to school districts and municipalities; use {#sec-18a-58-33.19 omnilex-key=us-nj-statutes--title-18a--18A:58-33.19}

As provided in this act, every school district and municipality which shall be entitled thereto, shall receive annually the amount of its additional State school building aid and the State Board of Education shall include such amount thereof in its annual budget for building aid for such school district. Amounts of such building aid paid under this act shall be used for the payment of debt service (interest and principal) on bonds or notes entitled to the benefits of the provisions of this act.

##### **§ 18A:58-33.20** Investment or deposit of proceeds; disposition of income {#sec-18a-58-33.20 omnilex-key=us-nj-statutes--title-18a--18A:58-33.20}

Pending application to the purposes for which bonds or notes entitled to the benefits of this act are issued, the proceeds of such bonds or notes shall be invested or deposited subject to regulations prescribed by the State Treasurer. On January 10 in each year the custodian of school moneys of a Type II school district or the chief financial officer of the municipality of a Type I school district, as the case may be, shall certify and pay to the State Treasurer the amount of earnings received during the preceding year from the investment or deposit of the proceeds from the sale of such bonds or notes, which amounts shall be held by him and applied only to the payment of principal and interest on such bonds or notes.

##### **§ 18A:58-33.21** Designation of paying agent {#sec-18a-58-33.21 omnilex-key=us-nj-statutes--title-18a--18A:58-33.21}

No bonds or notes entitled to the benefits of this act shall be issued unless there is designated therefor a paying agent or paying agents, at least one of which is a bank or trust company authorized to do business in this State.

##### **§ 18A:58-33.22** Short title {#sec-18a-58-33.22 omnilex-key=us-nj-statutes--title-18a--18A:58-33.22}

This act may be cited as the "Additional State School Building Aid Act."

##### **§ 18A:58-33.23** Legislative findings {#sec-18a-58-33.23 omnilex-key=us-nj-statutes--title-18a--18A:58-33.23}

The Legislature finds:

a. That there are many school districts in the State which should immediately renovate or replace aged and deteriorated school buildings and construct new facilities in order to provide suitable educational facilities pursuant to the provisions of N.J.S. 18A:33-1.

b. That there is a serious shortage of vocational facilities at the secondary level for handicapped pupils between the ages of 13 and 21 who would benefit from vocational education.

c. Additional State building aid is needed to provide financial assistance which would permit local school districts, county special services school districts and county vocational school districts to immediately begin capital projects to meet such needs.

d. The New Jersey Commission on Capital Budgeting and Planning has recommended that an Additional State Aid Program be authorized to finance such capital projects.

##### **§ 18A:58-33.24** Additional State school building aid. {#sec-18a-58-33.24 omnilex-key=us-nj-statutes--title-18a--18A:58-33.24}

3. Additional State school building aid shall be made available to school districts, county special services school districts and county vocational school districts in accordance with the provisions of this act for the payment of debt service (interest and principal) on bonds and notes (as hereinafter defined) entitled to the benefits of this act, provided that the amount of bonds entitled to the benefits of this act shall not exceed $100,000,000, and provided further that of the total principal amount of the bonds, no more than $80,000,000 shall be allocated to the renovation or replacement of aged and deteriorated school buildings and construction of new facilities in districts with financial need and no more than $40,000,000 shall be allocated to the expansion and establishment of secondary vocational educational facilities to serve students with disabilities between the ages of 13 and 21 who would benefit from vocational education in local school districts, county special services school districts, and county vocational school districts with financial need. The amount of aid payable to any local school district for the renovation or replacement of aged and deteriorated school buildings and construction of new facilities shall not exceed an amount equal to 20 percent of the total aid allocated to this program and in any year such aid shall not exceed an amount equal to $25 per pupil in resident enrollment in such school district on September 30, 1976. The amount of aid payable in any year to any local school district, county special services school districts, or county vocational school district for the expansion and construction of secondary vocational education facilities to serve students with disabilities between the ages of 13 and 21 shall be no more than 75 percent of the total debt service of bonds and notes for secondary vocational education projects constructed under the provisions of this act and shall not exceed an amount equal to the number of pupils with disabilities between the ages of 13 and 21 enrolled in such school district whose vocational education needs were not met due to the lack of suitable facilities prior to any application date for funds under this act, multiplied by a standard per student construction cost, established pursuant to guidelines promulgated by the Commissioner of Education.

##### **§ 18A:58-33.25** Resolution of need; application by board of education; investigation; report. {#sec-18a-58-33.25 omnilex-key=us-nj-statutes--title-18a--18A:58-33.25}

4. a. Whenever the board of education of a local school district shall determine by resolution that it is unable to provide suitable general purpose educational facilities to comply with the provisions of N.J.S.18A:33-1, it may file an application with the Commissioner of Education for additional State school building aid under this act. Upon the receipt of such application, the Commissioner of Education shall cause an investigation to be made of the conditions in the district, taking into consideration the number of unhoused pupils, number of years on split or curtailed sessions, the rate of pupil population increase, the total tax rate of the municipalities in the district, the school tax rate of the district, the net debt of such municipalities and the school debt, the density of population, the equalized valuations allocable with respect to each child in the school district, the number of children on welfare rolls, effects of judicial determinations prior to the enactment hereof concerning constitutional requirements of equal educational opportunity, existing and proposed educational facilities and all such other factors as said commissioner or the State Board of Education may deem necessary for the purpose of P.L.1978, c.74 (C.18A:58-33.22 et seq.). The Commissioner of Education shall report the results of such investigation to the State Board of Education and may include therein an evaluation of the ability of such school district to provide suitable educational facilities to comply with the provisions of N.J.S.18A:33-1, and of the need of such school district for additional State school building aid under P.L.1978, c.74 (C.18A:58-33.22 et seq.), advice as to the resident enrollment in such school district as of September 30, 1976 as shown by records with respect thereto on file in the commissioner's office, recommendation as to the amount (if any) of entitlement (as hereinafter defined) proposed with respect to said school district, and such further information with respect to such school district as requested or required by said board.

b. Whenever the board of education of a local school district, county special services school district, or county vocational school district shall determine by resolution that there are students with disabilities between the ages of 13 and 21 who would benefit from vocational education but are not enrolled in such a program and that the board is unable to provide suitable facilities for such pupils, the board may file an application with the Commissioner of Education for additional State school building aid under P.L.1978, c.74 (C.18A:58-33.22 et seq.) and forward its plan to provide secondary vocational facilities for pupils with disabilities to the County Career Education Coordinating Council. Upon the receipt of such application, the County Career Education Coordinating Council shall review the facilities plan as soon as possible and forward its recommendations to the Commissioner of Education forthwith. Upon the receipt of such application from a local school district, the Commissioner of Education shall cause an investigation to be made of the conditions of the district, taking into consideration the number of pupils with disabilities between the ages of 13 and 21 who would benefit from such a program and are not presently enrolled in vocational programs due to the lack of facilities, the projected increase or decrease of such pupils in future years, the total tax rate of the municipalities in the district, the school tax rate of the district, the net debt of such municipalities and the school debt, the equalized valuations allocable with respect to each child in the school district, effects of judicial determinations prior to the enactment hereof concerning constitutional requirements of equal educational opportunity, existing and proposed education facilities, the recommendations of the County Career Education Coordinating Council, and all such other factors as said commissioner or State Board of Education may deem necessary for the purpose of P.L.1978, c.74 (C.18A:58-33.22 et seq.). Upon the receipt of such application from a county special services school district or a county vocational school district, the Commissioner of Education shall cause an investigation to be made of the conditions of the district, taking into consideration the number of pupils with disabilities between the ages of 13 and 21 who would benefit from such a program and are not presently enrolled in vocational programs due to the lack of facilities, the projected increase of such pupils in future years, the county vocational school debt, the county debt, the total tax rate of the county, the county average equalized valuations per pupil, existing and proposed educational facilities, the recommendations of the County Career Education Coordinating Council, and all such factors as said commissioner or State Board of Education may deem necessary for the purpose of P.L.1978, c.74 (C.18A:58-33.22 et seq.). The Commissioner of Education shall report the results of such investigations to the State Board of Education and may include therein an evaluation of the ability of such school district to provide suitable secondary vocational educational facilities for pupils with disabilities, and of the need of such school district for additional State school building aid under this act, advice as to the enrollment of pupils with disabilities in such school as of the effective date of this act as shown by records with respect thereto on file in the commissioner's office, recommendation as to the amount (if any) of entitlement (as hereinafter defined) proposed with respect to said school district, and such further information with respect to such school district as requested or required by said board.

##### **§ 18A:58-33.26** Resolution by state board of education; submission of ordinance or proposal authorizing issuance of bonds by local board; endorsement {#sec-18a-58-33.26 omnilex-key=us-nj-statutes--title-18a--18A:58-33.26}

a. If the State Board of Education shall find that any such school district is not able to provide the suitable educational facilities described hereinabove the State Board of Education shall by resolution determine (1) that such school district is entitled to receive additional State school building aid pursuant to this act, (2) the number of pupils in resident enrollment in such school district on September 30, 1976 for purposes of computation under this act or the number of handicapped pupils between the ages of 13 and 21 whose vocational education needs were not met prior to the enactment of this act, (3) the principal amount of bonds (which amount is hereinafter sometimes referred to as the "entitlement" ) which are to be entitled to the benefits of the provisions of this act, and (4) the maturity schedule for such principal amount of bonds approved by said board.

b. At any time within 2 years after the adoption by the State Board of Education of the resolution referred to in subsection a. with respect to a particular school district, said school district may submit to the Commissioner of Education a copy of a proposal or ordinance authorizing the issuance of bonds entitled to the benefits of this act in accordance with said resolution, provided that such ordinance or proposal had not been adopted, approved or become effective prior to January 1, 1978, and to make or provide any and all investigations, determinations, endorsements, certifications, considerations, approvals, restrictions, limitations, consents, resolutions, estimates or approvals, which may be required or provided by this act with respect to any such ordinance or proposal, school district or school district projects or educational facilities, as if such ordinance or proposal had not been adopted, approved or become effective, and any bonds authorized by such ordinance or proposal shall be entitled to all the benefit of this act. If no such proposal or ordinance is submitted within 2 years the said resolution shall be of no further force and effect and the commissioner shall so notify said school district. The Commissioner of Education shall be and is hereby authorized to endorse upon any copy of such proposal or ordinance a certification thereof as being the proposal or ordinance as to which a determination of the State Board of Education has been made as aforesaid, and such indorsement shall be made in such form or manner as said commissioner shall determine.

##### **§ 18A:58-33.27** Additional aid if proration or approval of less than full entitlement {#sec-18a-58-33.27 omnilex-key=us-nj-statutes--title-18a--18A:58-33.27}

If the State Board of Education shall determine that it is necessary and appropriate to prorate or approve less than the full entitlement for all the qualifying school districts, the board, after receiving the recommendation of the commissioner, may provide additional aid up to 10% of the district's full entitlement for districts which submit plans for facilities that provide general community or social services.

##### **§ 18A:58-33.28** Submission to local finance board; endorsement of consent or disapproval {#sec-18a-58-33.28 omnilex-key=us-nj-statutes--title-18a--18A:58-33.28}

a. A copy of the resolution of the State Board of Education referred to in subsection a. of section 5 and a copy of the proposal or ordinance referred to in subsection b. of section 5, bearing the endorsement of the Commissioner of Education as aforesaid, shall be submitted to the Local Finance Board in the Department of Community Affairs for its consideration, and the Local Finance Board in considering such copy of proposal or ordinance submitted to it and before endorsing its consent thereon may require the county, the board of education of any school district or the governing body of any municipality in such school district to adopt resolutions restricting or limiting any future proceedings therein or other matters or things deemed by the Local Finance Board to affect any estimate made or to be made by it in accordance with subsection b. hereof, and every such resolution so adopted shall constitute a valid and binding obligation of such school district, municipality or county, as the case may be, running to and enforceable by, and releasable by, the Local Finance Board.

b. Within 60 days after such submission to it, the Local Finance Board shall cause its consent to be endorsed upon such copy of any proposal or ordinance authorizing such bonds, if it shall be satisfied, and shall record by resolution, its estimates that the amounts to be expended for the education facilities to be financed pursuant to such proposal or ordinance are not unreasonable or exorbitant, and that issuance of the bonds, to be authorized by such proposal ordinance, will not materially impair the credit of the county, any municipality comprised within the district or substantially reduce its ability, during the ensuing 10 years, to pay punctually the principal and interest of its debts and supply essential public improvements and services, but if the Local Finance Board is not so satisfied it shall cause its disapproval to be endorsed on such copy within said period of 60 days.

##### **§ 18A:58-33.29** Change in maturity schedule for bonds; resolution; approval; endorsement {#sec-18a-58-33.29 omnilex-key=us-nj-statutes--title-18a--18A:58-33.29}

a. If the board of education of a school district shall determine by resolution that the maturity schedule for bonds entitled to the benefits of this act, other than the maturity schedule approved by the State Board of Education by resolution pursuant to subsection a. of section 5 of this act, is in the best interest of said school district, it may make application to the State Board of Education setting forth such belief and the grounds therefor and requesting approval of a schedule of maturities for such bonds set forth in the application. If the State Board of Education, by resolution, shall find that the schedule of maturities set forth in the application is in the best interest of the school district and the State, it shall cause its approval to be endorsed thereon and shall forward said application to the Local Finance Board.

b. Within 60 days after submission to the Local Finance Board of an application in accordance with subsection a. of section 8 of this act, it shall cause its approval to be endorsed thereon if it shall be satisfied and shall record by resolution its findings that the belief set forth in such application is well founded and that issuance of the bonds mentioned and described in such application would not materially impair the credit of the county or any municipality comprised within the school district or substantially reduce their ability, during the ensuing 10 years, to pay punctually the principal and interest of its debts and supply essential public improvements and services, but if the Local Finance Board is not so satisfied, it shall cause its disapproval to be endorsed on such copy within said period of 60 days.

##### **§ 18A:58-33.30** Deduction of bonds from school debt and gross debt of county or municipality {#sec-18a-58-33.30 omnilex-key=us-nj-statutes--title-18a--18A:58-33.30}

Any bonds entitled to the benefits of the provisions of this act, shall be deducted from the school debt in determining the net school debt of any school district for any purpose or computation under N.J.S. 18A:24-19, and the amount of all such bonds shall be deducted from the gross debt of any county or municipality constituting the whole or any part of such school district pursuant to N.J.S. 40A:2-44g.

##### **§ 18A:58-33.31** Issuance of bonds; contents; limitation on maturity {#sec-18a-58-33.31 omnilex-key=us-nj-statutes--title-18a--18A:58-33.31}

All of such bonds when issued shall contain a recital to the effect that they are issued pursuant to Title 18A, Education, of the New Jersey Statutes and are entitled to the benefits of the provisions of this act. Except as otherwise provided in this act, any bonds entitled to the benefits of the provisions of this act shall be authorized and issued in the manner provided for in said Title 18A. Compliance with the provisions of this act by or on behalf of any school district or municipality shall make it unnecessary to comply with any of the provisions of N.J.S. 18A:24-20 through N.J.S. 18A:24-27, and such sections shall not be applicable with respect to authorization or issuance of any bonds entitled to the benefits of the provisions of this act. Bonds entitled to the benefits of the provisions of this act shall mature not later than 30 years from their date, without regard to any limitations as to maturities or amounts of annual installments for such bonds as provided in said Title 18A.

##### **§ 18A:58-33.32** Temporary notes or loan bonds; issuance {#sec-18a-58-33.32 omnilex-key=us-nj-statutes--title-18a--18A:58-33.32}

Any school district, municipality or county which has authorized bonds which are entitled to the benefits of this act, may issue temporary notes or loan bonds (hereinafter called "notes" ) in anticipation of the issuance of permanent bonds to the extent permitted or provided by or pursuant to the provisions of Title 18A, Education, of the New Jersey Statutes or any other laws applicable, subject to such additional terms or conditions with respect to such notes as may be fixed or required by the Commissioner of Education to insure that funds are borrowed only as needed to meet required payments for construction or acquisition of the educational facilities to be financed by the issuance of permanent bonds.

##### **§ 18A:58-33.33** Certification of annual debt service; conclusiveness of entitlement to benefits of act {#sec-18a-58-33.33 omnilex-key=us-nj-statutes--title-18a--18A:58-33.33}

Within 10 days after issuance of any bonds or notes entitled to the benefits of this act, the chief financial officer of the school district, municipality or county issuing such bonds or notes shall certify to the Commissioner of Education the exact amount payable on account of debt service (interest and principal) on such bonds or notes in each year and the name and address of the paying agent or paying agents for such bonds or notes. The Commissioner of Education shall thereupon verify said amounts and certify the same to the State Treasurer together with the name and address of the paying agent or paying agents for such bonds or notes. The certification by the Commissioner of Education as to amount payable in any year for debt service (principal and interest) on such bonds or notes shall be fully conclusive as to such bonds or notes from and after the time of issuance of such bonds or notes, notwithstanding any irregularity, omission or failure as to compliance with any of the provisions of this act with respect to such bonds or notes, provided that such bonds or notes contain a recital to the effect that they are entitled to the benefits of the provisions of this act, and all persons shall be forever estopped from denying that such bonds or notes are entitled to the benefits of the provisions of this act.

##### **§ 18A:58-33.34** Entitlement of school district to aid under act; additional aid {#sec-18a-58-33.34 omnilex-key=us-nj-statutes--title-18a--18A:58-33.34}

Any school district shall be eligible for an entitlement hereunder, and any entitlement may be made hereunder with respect to any school district, notwithstanding that such school district may then be eligible for or shall have heretofore received or shall hereafter receive additional State school building aid or any entitlement with respect thereto under any other act, it being the legislative intent that additional State school building aid hereunder provided shall be independent of, or may be in addition to, any such aid received or to be received as aforesaid. Any school district, with respect to which any determination as to additional State school building aid or any entitlement has been theretofore made pursuant to this act, may make application for further additional State school building aid and for further entitlement, or increase or revision in any such entitlement theretofore made, provided that the aggregate amount of State aid for any school district in any year pursuant to this act shall not exceed the amount specified in section 3 of this act.

##### **§ 18A:58-33.35** Authorization for commissioner of education, state board of education and local finance board to consider application for additional aid; annual review {#sec-18a-58-33.35 omnilex-key=us-nj-statutes--title-18a--18A:58-33.35}

The Commissioner of Education, the State Board of Education and the Local Finance Board are each hereby authorized and empowered to consider any application of any school district with respect to additional State school building aid under this act in connection with any educational facilities authorized to be undertaken pursuant to Title 18A of the New Jersey Statutes notwithstanding that such facilities were authorized or approved prior to the taking effect of this act. The State board shall, within 1 year from the effective date of this act and during each succeeding year, review the status of educational facilities of each school district, which is entitled to receive additional State building aid pursuant to this act. Said reviews shall continue annually until such facilities are completed.

##### **§ 18A:58-33.36** Payment on behalf of school districts to paying agent; use {#sec-18a-58-33.36 omnilex-key=us-nj-statutes--title-18a--18A:58-33.36}

All amounts of additional State school building aid to be paid under the provisions of this act with respect to any school district for debt service (principal and interest) on bonds or notes entitled to the benefits of this act shall, on or before the date of such payment of interest and principal, be paid on behalf of the school district, municipality or county issuing such bonds or notes to the paying agent or paying agents for such bonds or notes in amount with respect to such date as reflects the amount of principal or interest, respectively, payable as to such date by reason of such additional State school building aid hereunder payable with respect to such school district. Amounts so paid to such paying agent or paying agents shall be applied to the payment of debt service (principal and interest) on such bonds or notes and for no other purpose.

##### **§ 18A:58-33.37** Annual payments to school districts and municipalities; use {#sec-18a-58-33.37 omnilex-key=us-nj-statutes--title-18a--18A:58-33.37}

As provided in this act, every school district and municipality which shall be entitled thereto, shall receive annually the amount of its additional State school building aid and the State Board of Education shall include such amount thereof in its annual budget for building aid for such school district. Amounts of such building aid paid under this act shall be used for the payment of debt service (interest and principal) on bonds or notes entitled to the benefits of the provisions of this act.

##### **§ 18A:58-33.38** Investment or deposit of proceeds; disposition of income {#sec-18a-58-33.38 omnilex-key=us-nj-statutes--title-18a--18A:58-33.38}

Pending application to the purposes for which bonds or notes entitled to the benefits of this act are issued, the proceeds of such bonds or notes shall be invested or deposited subject to regulations prescribed by the State Treasurer. On January 10 in each year the custodian of school moneys of a Type II school district, the chief financial officer of the municipality of a Type I school district or chief financial officer of the county, as the case may be, shall certify and pay to the State Treasurer the amount of earnings received during the preceding year from the investment or deposit of the proceeds from the sale of such bonds or notes, which amounts shall be held by him and applied only to the payment of principal and interest on such bonds or notes.

##### **§ 18A:58-33.39** Regulations; determination of compliance by district {#sec-18a-58-33.39 omnilex-key=us-nj-statutes--title-18a--18A:58-33.39}

The commissioner, after consultation with the State Treasurer and approval by the State Board of Education, shall promulgate regulations relating to use of the proceeds of bonds and notes entitled to the benefits of this act, establishing standards for construction progress and practices, fiscal controls, accounting procedures and auditing of funds, and such other matters as he shall deem necessary.

The commissioner shall determine each district's compliance with the regulations promulgated pursuant to this section. When he determines that a district is not in compliance with such regulations, the commissioner is authorized to take appropriate action to insure the proper use of the funds and completion of the project.

##### **§ 18A:58-33.40** Designation of paying agent {#sec-18a-58-33.40 omnilex-key=us-nj-statutes--title-18a--18A:58-33.40}

No bonds or notes entitled to the benefits of this act shall be issued unless there is designated therefor a paying agent or paying agents, at least one of which is a bank or trust company authorized to do business in this State.

##### **§ 18A:58-33.41** Entitlement of $25,000.00 or less; plan for expenditure {#sec-18a-58-33.41 omnilex-key=us-nj-statutes--title-18a--18A:58-33.41}

The provisions of "The Additional State School Building Aid Act," (P.L.1978, c. 74; C. 18A:58-33.22 et seq.) notwithstanding, any school district awarded an entitlement of $25,000.00 or less may receive such an entitlement in its entirety within 1 year following said award.

Districts which choose to receive their entitlement in this manner shall submit to the Commissioner of Education for approval a plan for the expenditure of the entitlement as part of the established final application process.

##### **§ 18A:58-34** Funds appropriated, etc., for cost of state aid to local districts for vocational education; expenditure {#sec-18a-58-34 omnilex-key=us-nj-statutes--title-18a--18A:58-34}

The commissioner may expend such sums as may be appropriated or otherwise allocated to the department to meet the state's share of the cost of aid to local school districts for vocational education.

##### **§ 18A:58-35** Additional state aid to vocational education {#sec-18a-58-35 omnilex-key=us-nj-statutes--title-18a--18A:58-35}

The department is hereby authorized and empowered, out of any funds now or hereafter appropriated to the department for state aid to vocational education, to employ for staff services such personnel as may be required to properly implement and carry out said state aid program of vocational education; provided, however, that the amount to be expended for such staff services shall be financed on the basis of 50% participation by the state and 50% by the federal government.

##### **§ 18A:58-36** State appropriation for construction of area vocational school facilities {#sec-18a-58-36 omnilex-key=us-nj-statutes--title-18a--18A:58-36}

The state board, in addition to its other budget requests concerning state aid for vocational education, shall formulate annual budget requests for state support for the construction of area vocational education school facilities. Within the limit of funds appropriated to the state board for such purposes, and in accordance with rules and regulations prescribed by the state board, the board of education of a county vocational school system, or the board of education of any school district may apply to the state board and receive state support for the construction of area vocational education school facilities in amounts not to exceed one fourth of the cost of said construction. The funds appropriated for this purpose shall be combined with that portion of funds received from the federal government under the vocational education act of 1963 (77 Stat. 403, Public Law 88-210) required by said act to be used for construction of area vocational education school facilities.

##### **§ 18A:58-37** Allocation and distribution of federal and state funds {#sec-18a-58-37 omnilex-key=us-nj-statutes--title-18a--18A:58-37}

Said combined funds shall be allocated and distributed pursuant to applicable federal and state statutes and rules and regulations thereunder, including rules and regulations of the state board; provided, however, that, to the extent said combined funds are sufficient, and insofar as same is permitted by federal law, the allocation of said combined state and federal funds shall be made in such amounts and over such periods of time so as to pay for, or reimburse, one half of the total cost incurred by county vocational school districts or by a local school district in constructing and equipping or either thereof of area vocational school facilities.

##### **§ 18A:58-37.1** Legislative findings {#sec-18a-58-37.1 omnilex-key=us-nj-statutes--title-18a--18A:58-37.1}

The Legislature hereby finds and determines that the security and welfare of the State require the fullest development of the material resources and skills of its youth. To achieve this objective increased efforts must be undertaken to educate more of the talent of our State. It is hereby declared to be the public policy of the State, that the public welfare and safety require that the State and local communities provide assistance to educational programs which are important to the welfare of the State.

##### **§ 18A:58-37.2** Definitions. {#sec-18a-58-37.2 omnilex-key=us-nj-statutes--title-18a--18A:58-37.2}

2. As used in this act:

a. "Commissioner" means the State Commissioner of Education.

b. "Nonpublic school" means an elementary or secondary school within the State, other than a public school, offering education for grades kindergarten through 12, or any combination of them, wherein any child may legally fulfill compulsory school attendance requirements and which complies with the requirements of Title VI of the Civil Rights Act of 1964 (Pub.L.88-352).

c. "Textbook" means books, workbooks or manuals, whether bound or in looseleaf form, or electronic textbooks, including but not limited to, computer software, computer-assisted instruction, interactive videodisk, and other computer courseware and magnetic media, intended as a principal source of study material for a given class or group of students, a copy of which is available for the individual use of each pupil in such class or group. Computer software shall be prepared educational programs which are subject- oriented and for student instruction.

d. "Student" means any child who is a resident of the State and who is enrolled as a full-time pupil in a public or nonpublic school in grades kindergarten through 12. A child who boards at a school but whose parents do not maintain a residence in this State shall not be deemed to be a resident of the State within the meaning of this act.

##### **§ 18A:58-37.3** Purchase and loan of textbooks {#sec-18a-58-37.3 omnilex-key=us-nj-statutes--title-18a--18A:58-37.3}

a. The board of education in each school district in the State in which a nonpublic school is located shall have the power and duty to purchase and to loan textbooks upon individual request, to all students attending school in such district, who are enrolled in grades kindergarten through 12 of a public or nonpublic school.

b. No board of education shall be required to expend funds for the purchase and loan of textbooks in excess of the amounts provided in State aid pursuant to this act.

##### **§ 18A:58-37.4** Textbooks loaned to students in nonpublic schools; free rental; length of use of designated textbook {#sec-18a-58-37.4 omnilex-key=us-nj-statutes--title-18a--18A:58-37.4}

a. Textbooks which are loaned to students enrolled in grades kindergarten through 12 of any nonpublic school shall be textbooks which are used in any public elementary or secondary school of the State or are approved by any board of education. Such textbooks are to be loaned without charge to such children subject to such rules and regulations as are, or may be adopted by the commissioner and such board of education.

b. When a textbook has been designated for use in a school district such textbook shall not be superseded by any other book, prior to the expiration of 5 years following such designation, except upon the authorization of the board of education.

##### **§ 18A:58-37.5** Appropriation of aid {#sec-18a-58-37.5 omnilex-key=us-nj-statutes--title-18a--18A:58-37.5}

The commissioner shall, upon request of the local board and pursuant to the rules and regulations of the State Board of Education distribute to each school district an amount equal to the cost of textbooks purchased and loaned by the school district pursuant to this act, but in no event shall the aid appropriated to the district exceed the following amount:

a. The expenditures for the purchase of textbooks pursuant to this act made during the school year 1979-80 shall not exceed an average of $10.00 for each student residing in the district, who, on the last school day prior to October 16 of the preceding school year was enrolled in grades kindergarten through 12 of a public or nonpublic school; and,

b. The expenditures for the purchase of textbooks made during the school year 1980-81, and in any subsequent year shall not exceed the State average budgeted textbook expense per public school pupil for the prebudget year for each student residing in the district, who, on the last school day prior to October 16 of the preceding school year was enrolled in grades kindergarten through 12 of a public or nonpublic school.

##### **§ 18A:58-37.6** Expenditure of aid for textbooks. {#sec-18a-58-37.6 omnilex-key=us-nj-statutes--title-18a--18A:58-37.6}

6. State aid provided pursuant to P.L.2007, c.260 (C.18A:7F-43 et al.) may be expended for the purchase and loan of textbooks for public school pupils in an amount which shall not exceed the State average budgeted textbook expense for the prebudget year per pupil in resident enrollment. Nothing contained herein shall prohibit a board of education in any district from purchasing textbooks in excess of the amounts provided pursuant to this act.

##### **§ 18A:58-37.6a** Increase in amount of state aid; determination of state average budgeted textbook expenditures {#sec-18a-58-37.6a omnilex-key=us-nj-statutes--title-18a--18A:58-37.6a}

a. Beginning in the school year 1981-82 and in each subsequent year, the amount of State aid per pupil pursuant to this act shall increase by the percentage increase in the State average budgeted textbook expense per public school pupil.

b. Annually, by November 1, the commissioner shall determine the State average budgeted textbook expenditures per public school pupil.

##### **§ 18A:58-37.7** State aid to school districts {#sec-18a-58-37.7 omnilex-key=us-nj-statutes--title-18a--18A:58-37.7}

The sums payable as State aid to school districts pursuant to this act shall be paid in full no later than July 31. The State Treasurer shall make such payment to each board of education upon a certificate of the commissioner and warrant of the Director of the Division of Budget and Accounting.

A district shall refund any unexpended State aid after completion of the school year if the expenditures incurred by the district pursuant to P.L. 1974, c. 79 (C. 18A:58-37.1 et seq.) are less than the amount of State aid received therefor. The refund shall be paid no later than December 1.

##### **§ 18A:58-37.8** Short title. {#sec-18a-58-37.8 omnilex-key=us-nj-statutes--title-18a--18A:58-37.8}

1. This act shall be known and may be cited as the "Secure Schools for All Children Act."

##### **§ 18A:58-37.9** Definitions relative to security aid for nonpublic school students. {#sec-18a-58-37.9 omnilex-key=us-nj-statutes--title-18a--18A:58-37.9}

2. As used in this act:

"Nonpublic school" means an elementary or secondary school within the State, other than a public school, offering education for grades kindergarten through 12, or any combination of them, wherein any child may legally fulfill compulsory school attendance requirements and which complies with the requirements of Title VI of the "Civil Rights Act of 1964," Pub.L.88-352, (42 U.S.C. s.2000d et seq.).

"Support limit" means the maximum amount which may be appropriated each year for the purposes of this act for each student enrolled full-time in nonpublic schools of the State.

##### **§ 18A:58-37.10** Provision of security services. {#sec-18a-58-37.10 omnilex-key=us-nj-statutes--title-18a--18A:58-37.10}

3. A board of education of a school district in which a nonpublic school is located shall within the limit of funds appropriated or otherwise made available, adopt policies and procedures to provide the students who are enrolled full-time in the nonpublic school with security services, equipment, or technology to help ensure a safe and secure school environment.

##### **§ 18A:58-37.11** Annual conference. {#sec-18a-58-37.11 omnilex-key=us-nj-statutes--title-18a--18A:58-37.11}

4. a. The superintendent of schools of each school district in which a nonpublic school is located shall confer annually with the chief school administrator of each of the nonpublic schools to:

(1) advise the nonpublic school of the limit of funds available pursuant to this act;

(2) agree upon the security services, equipment, or technology to be provided to the students of the nonpublic school, within the limit of the funds that are available; and

(3) agree on the date when the board of education will meet to approve how the security services, equipment, or technology will be provided to the students of the nonpublic school.

b. In the event that the superintendent of schools and the chief school administrator of the nonpublic school are unable to agree regarding the security services, equipment, or technology to be provided for a safe and secure school environment, the executive county superintendent shall be consulted to determine the security services, equipment, or technology to be provided. The decision of the executive county superintendent shall be final.

##### **§ 18A:58-37.12** Support limit. {#sec-18a-58-37.12 omnilex-key=us-nj-statutes--title-18a--18A:58-37.12}

5. a. The support limit for the 2016-2017 school year shall be $75. For each school year thereafter the commissioner shall determine the support limit by multiplying the support limit for the previous school year times the sum of 1.0 plus the average annual percentage increase in the consumer price index for the New York and Philadelphia areas during the fiscal year preceding the prebudget year as reported by the United States Department of Labor.

b. On or before November 5 of each year, each board of education shall forward to the Commissioner of Education an estimate of the cost of providing, during the next school year, the security services, equipment, or technology required pursuant to this act and the number of students attending nonpublic schools located within the district as of the last school day of October of the current school year. The commissioner shall provide State aid to each school district in an amount equal to the number of nonpublic school students within the district identified by the district on or before November 5 multiplied by the State support limit. In the event that the expenditure incurred by any district is less than the amount of State aid received, the district shall refund the unexpended State aid after the completion of the school year, but not later than December 1 of the following school year.

c. If in any year, the amount of State aid appropriated is insufficient to carry out in full the provisions of this act, the commissioner shall apportion that appropriation among the districts in proportion to the State aid each district would have received had the full amount of State aid been appropriated. In any year, no district shall be required to make expenditures for the purposes of this act in excess of the amount of State aid received for these purposes.

##### **§ 18A:58-37.13** Immunity from civil liability. {#sec-18a-58-37.13 omnilex-key=us-nj-statutes--title-18a--18A:58-37.13}

6. A school district and a nonpublic school and their employees shall be immune from civil liability in the provision of security services, equipment, or technology pursuant to the provisions of this act, except for actions that constitute gross negligence or willful misconduct.

##### **§ 18A:58-37.14** Rules. {#sec-18a-58-37.14 omnilex-key=us-nj-statutes--title-18a--18A:58-37.14}

7. The State Board of Education shall promulgate rules pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of this act in a manner that comports with the provisions of the State and federal Constitutions, including a list of allowable expenditures for security services, equipment, or technology to ensure a safe and secure school environment for nonpublic school students.

## **Chapter 59** {#struct-chapter-59}

##### **§ 18A:59-1** Apportionment and distribution of federal funds; exceptions {#sec-18a-59-1 omnilex-key=us-nj-statutes--title-18a--18A:59-1}

Whenever moneys are made available for school purposes by any act of congress, except the act of congress referred to in Article 2 of this chapter, or any agency of the federal government, or made available or deposited in any manner in accordance with any law enacted by the congress of the United States, such moneys shall be apportioned by the commissioner under plans approved by the State board, if said moneys are for use in the public school system, or by the Commission on Higher Education, if said moneys are for use in higher education. Such moneys shall be distributed as aid to the several districts or in any other manner designated for any educational purpose defined in the federal statutes or in the regulations of federal agencies making allotments or in the laws of this State.

##### **§ 18A:59-2** Federal funds as trust funds; distribution {#sec-18a-59-2 omnilex-key=us-nj-statutes--title-18a--18A:59-2}

All moneys mentioned in N.J.S.18A:59-1 shall be considered trust funds and shall be distributed by the commissioner or by the Commission on Higher Education, as the case may be, in conformity with said plans.

##### **§ 18A:59-3** Custody of federal funds; disbursement {#sec-18a-59-3 omnilex-key=us-nj-statutes--title-18a--18A:59-3}

The state treasurer is hereby appointed custodian of all moneys made available to the state of New Jersey under the provisions of section 18A:59-1. He shall receive and provide for the proper custody thereof. He shall disburse such moneys upon the warrant of the director of the division of budget and accounting in the department of the treasury when such disbursement has been certified to said director by the officer authorized to distribute the same.

##### **§ 18A:59-4** Act of congress accepted {#sec-18a-59-4 omnilex-key=us-nj-statutes--title-18a--18A:59-4}

The provisions of the act of congress, approved February 23, 1917, entitled "An act to provide for the promotion of vocational education; to provide for cooperation with the states in the promotion of such education in agriculture and the trades and industries; to provide for the cooperation with the states in the preparation of teachers of vocational subjects, and to appropriate money and regulate its expenditure," are hereby accepted by the state of New Jersey.

##### **§ 18A:59-5** State board empowered to act {#sec-18a-59-5 omnilex-key=us-nj-statutes--title-18a--18A:59-5}

The state board is hereby designated as the state board for the purposes of said act of congress, and shall cooperate, as in the act provided, with the federal board for vocational education in the administration of the provisions thereof. The state board shall do all that is or may be required to secure for the state of New Jersey the benefits of appropriations under the act of congress for all purposes specified therein.

##### **§ 18A:59-6** Custodian of funds {#sec-18a-59-6 omnilex-key=us-nj-statutes--title-18a--18A:59-6}

The state treasurer is hereby appointed custodian of all money paid to the state from appropriations under said act of congress. He shall receive and provide for the proper custody thereof. He shall disburse such money upon the warrant of the director of the division of budget and accounting in the department of the treasury when such disbursement has been certified by the state board.

##### **§ 18A:59-7** State appropriation for training of teachers of vocational subjects {#sec-18a-59-7 omnilex-key=us-nj-statutes--title-18a--18A:59-7}

To secure for the state the maximum appropriation under such act of congress for the training of teachers of vocational subjects as therein provided there shall be appropriated each year from any money in the state treasury not otherwise appropriated a sum not less than the maximum which the state can receive under such act of congress for the ensuing school year for that purpose. Such sum shall be used for the training of teachers of vocational subjects in accordance with such act of congress in one or more of the state schools or colleges or institutions under state control.

##### **§ 18A:59-8** State appropriation for salaries of teachers of agricultural subjects {#sec-18a-59-8 omnilex-key=us-nj-statutes--title-18a--18A:59-8}

To secure for the state the advantages under such act of congress for the supervision of agricultural subjects as therein provided, there shall be appropriated each year, from any money in the state treasury not otherwise appropriated, a sum not less than $1,000.00, which sum shall be expended for the salary or salaries of teachers, supervisors, or directors of agricultural subjects, in accordance with the terms of the act of congress.

## **Chapter 60** {#struct-chapter-60}

##### **§ 18A:60-1** Requirements for tenure. {#sec-18a-60-1 omnilex-key=us-nj-statutes--title-18a--18A:60-1}

The services of all professors, associate professors, assistant professors, instructors, supervisors, registrars, teachers, and other persons employed in a teaching capacity, who are or shall hereafter be employed by the commissioner in the Marie H. Katzenbach School for the Deaf or in any other educational institution, or employed in any State college or in any county college, and teachers and other certified persons employed in State institutions within the Department of Corrections, the Department of Children and Families, or the Department of Human Services, with the exception of the Director of Educational Services, shall be under tenure during good behavior and efficiency:

a. after the expiration of a period of employment of three consecutive calendar years in any such institution or institutions; or

b. after employment for three consecutive academic years together with employment at the beginning of the next succeeding academic year in any such institution or institutions; or

c. after employment in any such institution or institutions, within a period of any four consecutive academic years, for the equivalent of more than three academic years.

An academic year, for the purpose of this section, means the period between the time school opens in the institution after the general summer vacation until the next succeeding summer vacation.

The provisions of this section shall not apply to any faculty member employed by a State or county college who begins employment after the 1973-74 school year.

##### **§ 18A:60-1.1** Findings, declarations. {#sec-18a-60-1.1 omnilex-key=us-nj-statutes--title-18a--18A:60-1.1}

1. The Legislature hereby finds that it is in the best interests of the State of New Jersey to provide job security during good behavior and efficiency for the teachers and other certified professional educators employed in State institutions within the Department of Corrections, the Department of Children and Families, and the Department of Human Services. To accomplish this goal it is appropriate to provide tenure protection for such professionals teaching in such State institutions, subject to the provisions set forth in this act.

##### **§ 18A:60-1.2** Tenure after 3 years' service. {#sec-18a-60-1.2 omnilex-key=us-nj-statutes--title-18a--18A:60-1.2}

3. Any teacher or other certified individual serving in a teaching capacity in a State institution within the Department of Corrections, the Department of Children and Families, or the Department of Human Services as of July 1, 1986, who has completed at least two academic years of teaching service or its equivalent within three calendar years with satisfactory evaluations, shall acquire tenure under this act upon the completion of one additional calendar year of satisfactory service in such capacity.

##### **§ 18A:60-2** Dismissal and reduction in salary {#sec-18a-60-2 omnilex-key=us-nj-statutes--title-18a--18A:60-2}

No such professor, associate professor, assistant professor, instructor, supervisor, registrar, teacher, or other person employed in a teaching capacity, so under tenure, shall be dismissed or subjected to a reduction in salary except for inefficiency, incapacity, conduct unbecoming a teacher, or other just cause, and only in the manner prescribed by subarticle B of article 2 of chapter 6 of this title.

##### **§ 18A:60-3** Reduction in staff. {#sec-18a-60-3 omnilex-key=us-nj-statutes--title-18a--18A:60-3}

Nothing contained in this chapter shall be held to limit the right of the commissioner, in the case of any educational institution conducted under his jurisdiction, supervision or control; or the Commissioner of Corrections, the Commissioner of Children and Families, or the Commissioner of Human Services, in the case of any State institution conducted under their jurisdiction, supervision or control; or of the board of trustees of a college, in the case of a college, to reduce the number of professors, associate professors, assistant professors, instructors, supervisors, registrars, teachers, or other persons employed in a teaching capacity in any such institution or institutions when the reduction is due to natural diminution of the number of students or pupils in the institution or institutions. Dismissals resulting from such reduction shall not be by reason of residence, age, sex, marriage, race, religion, or political affiliation. When such professors, associate professors, assistant professors, instructors, supervisors, registrars, teachers, or other persons employed in a teaching capacity under tenure are dismissed by reason of such reduction, those professors, associate professors, assistant professors, instructors, supervisors, registrars, teachers, or other persons employed in a teaching capacity having the least number of years of service to their credit shall be dismissed in preference to those having longer terms of service. Should any such professor, associate professor, assistant professor, instructor, supervisor, registrar, teacher, or other person employed in a teaching capacity under tenure be dismissed as a result of such reduction, such person shall be and remain upon a preferred eligible list in the order of years of service for reemployment, whenever vacancies occur, and shall be reemployed by the commissioner in such order, when, and if, a vacancy in a position for which such professor, associate professor, assistant professor, instructor, supervisor, registrar, teacher, or other person employed in a teaching capacity shall be qualified. Such reemployment shall give full recognition to previous years of service.

##### **§ 18A:60-5** Indemnity of employees in certain criminal actions {#sec-18a-60-5 omnilex-key=us-nj-statutes--title-18a--18A:60-5}

Should any criminal action be instituted against any such employee for any such act or omission and should such proceeding be dismissed or result in a final disposition in favor of such employee, the state shall reimburse him for the cost of defending such proceeding, including reasonable counsel fees and expenses of the original hearing or trial and all appeals.

##### **§ 18A:60-6** Short title {#sec-18a-60-6 omnilex-key=us-nj-statutes--title-18a--18A:60-6}

This act shall be known and may be cited as "The State and County College Tenure Act."

##### **§ 18A:60-7** Definitions {#sec-18a-60-7 omnilex-key=us-nj-statutes--title-18a--18A:60-7}

2. As used in this act, the following words and phrases shall have the following meaning:

a. "Academic rank" means instructor, assistant professor, associate professor and professor.

b. "Faculty member" means any full-time member of the teaching staff appointed with academic rank. Other full-time professional persons shall be considered faculty members if they concurrently hold academic rank.

##### **§ 18A:60-8** Tenure in academic rank; conditions. {#sec-18a-60-8 omnilex-key=us-nj-statutes--title-18a--18A:60-8}

3. Faculty members at a county college shall be under tenure in their academic rank, but not in any administrative position, during good behavior, efficiency and satisfactory professional performance, as evidenced by formal evaluation and shall not be dismissed or reduced in compensation except for inefficiency, unsatisfactory professional performance, incapacity or other just cause and then only in the manner prescribed by subarticle B of article 2 of chapter 6 of Title 18A of the New Jersey Statutes, after employment in such college or by such board of trustees for

a. 5 consecutive calendar years; or

b. 5 consecutive academic years, together with employment at the beginning of the next academic year; or

c. the equivalent of more than 5 academic years within a period of any 6 consecutive academic years.

##### **§ 18A:60-9** Tenure by exceptional action after 2 years service {#sec-18a-60-9 omnilex-key=us-nj-statutes--title-18a--18A:60-9}

Notwithstanding the provisions of section 3 of this act a board of trustees may, as an exceptional action and upon the recorded two-thirds majority roll call vote of all its members and upon the recommendation of the president, grant tenure to an individual faculty member after employment in such college or by such board of trustees for 2 consecutive academic years. The provisions of this section shall not be negotiable as a term and condition of employment under the "New Jersey Employer-Employee Relations Act," P.L.1968, c. 303.

##### **§ 18A:60-10** Establishment of procedure for career development {#sec-18a-60-10 omnilex-key=us-nj-statutes--title-18a--18A:60-10}

5. It shall be the responsibility of the board of trustees and the president of each State and county college, in conjunction with their faculty to establish a formal procedure for the career development of all members of the professional staff including, but not limited to, a systematic and regular evaluation for the purpose of identifying any deficiencies, extending assistance for their correction and improving instruction.

##### **§ 18A:60-11** Inapplicability of act to faculty member with tenure prior to second day of 1973-74 school year {#sec-18a-60-11 omnilex-key=us-nj-statutes--title-18a--18A:60-11}

The provisions of section 3 of this act shall not apply to any faculty member who shall have acquired tenure prior to the second day of the 1973-74 school year.

##### **§ 18A:60-12** Nontenured faculty member prior to end of 1973-74 school year; election of program for tenure; notice {#sec-18a-60-12 omnilex-key=us-nj-statutes--title-18a--18A:60-12}

Any nontenured faculty member presently employed by a State or county college or who begins employment in the 1973-74 school year may elect to be included under the provisions of N.J.S. 18A:60-1 or the provisions of section 3 of this act. On or before November 1, 1973, or within 60 days of employment each nontenured faculty member at a State or county college shall notify the college president in writing of his intention to be governed under the provisions of N.J.S. 18A:60-1 or the provisions of section 3 of this act. Any faculty member not filing a written notice in the prescribed manner shall be governed under the provisions of section 3 of this act.

##### **§ 18A:60-13** Faculty members beginning employment after 1973-74 school year; application of act {#sec-18a-60-13 omnilex-key=us-nj-statutes--title-18a--18A:60-13}

The provisions of section 3 of this act shall apply to all faculty members beginning their employment after the 1973-74 school year.

##### **§ 18A:60-14** Professional staff without faculty rank; contracts {#sec-18a-60-14 omnilex-key=us-nj-statutes--title-18a--18A:60-14}

Members of the professional staff not holding faculty rank may be appointed by a board of trustees for 1-year terms; provided, however, that after employment in a college for 5 consecutive academic years or for the equivalent of 5 academic years within a period of any 6 consecutive academic years, such employees may be offered contracts of no more than 5 years in length. During the period of such contracts, such employees shall be subject to dismissal only in the manner prescribed by subarticle B of article 2 of chapter 6 of Title 18A of the New Jersey Statutes, and must be notified by the president not later than 1 year prior to the expiration of such contracts of the renewal or nonrenewal of the contract.

##### **§ 18A:60-15** Application of act to full-time faculty members {#sec-18a-60-15 omnilex-key=us-nj-statutes--title-18a--18A:60-15}

This act shall apply to full-time faculty members employed in any State or county college notwithstanding the provisions of N.J.S. 18A:60-1, 18A:64-21 and 18A:64A-13.

##### **§ 18A:60-16** Tenure for faculty members at State college. {#sec-18a-60-16 omnilex-key=us-nj-statutes--title-18a--18A:60-16}

2. .a. Faculty members at a State college shall be under tenure in their academic rank, but not in any administrative position, during good behavior, efficiency and satisfactory professional performance, as evidenced by formal evaluation and shall not be dismissed or reduced in compensation except for inefficiency, unsatisfactory professional performance, incapacity or other just cause and then only in the manner prescribed by subarticle B of article 2 of chapter 6 of Title 18A of the New Jersey Statutes, after employment in such college or by such board of trustees for

(1) 6 consecutive calendar years; or

(2) 6 consecutive academic years, together with employment at the beginning of the next academic year; or

(3) the equivalent of more than 6 academic years within a period of any 7 consecutive academic years.

b. The board of trustees may, upon the hiring of a new faculty member, grant tenure to the member if he was previously under tenure at an accredited four-year institution of higher education. A State college shall develop procedures regarding the granting of tenure upon hiring to a new faculty member who was previously under tenure at an accredited four-year institution that are consistent with decisions for tenure at the State college, and shall include faculty members in the development of the procedures. The number of new faculty members receiving tenure upon hire in an academic year shall be limited to 15% of the total number of new full-time tenure-track faculty members hired at the institution in the prior academic year or one faculty member, whichever is greater.

##### **§ 18A:60-17** Tenure for previously-employed faculty members. {#sec-18a-60-17 omnilex-key=us-nj-statutes--title-18a--18A:60-17}

3. Notwithstanding the provisions of section 2 of P.L.2013, c.235 (C.18A:60-16), to the contrary, in the case of a faculty member who is employed at a State college prior to the effective date of P.L.2013, c.235 (C.18A:60-16 et al.), tenure shall be granted in accordance with the provisions of section 3 of P.L.1973, c.163 (C.18A:60-8) as it read prior to the effective date of P.L.2013, c.235 (C.18A:60-16 et al.).

## **Chapter 61** {#struct-chapter-61}

##### **§ 18A:61-1** Purpose; name; free tuition {#sec-18a-61-1 omnilex-key=us-nj-statutes--title-18a--18A:61-1}

A school shall be maintained for the purpose of training and educating deaf children. The name and title of the school shall be the "Marie H. Katzenbach school for the deaf." Tuition therein shall be free.

##### **§ 18A:61-2** Supervision by commissioner {#sec-18a-61-2 omnilex-key=us-nj-statutes--title-18a--18A:61-2}

The commissioner, subject to the approval of the State board, shall:

a. Have the control and care of the buildings and grounds owned and used by the State for the school for the deaf;

b. Appoint and remove a superintendent, teachers and other employees, and fix the compensation of those whose compensation is not fixed by statute or otherwise determinable by authority of law:

c. Provide furniture, textbooks, school apparatus and other supplies;

d. Make rules for the government and management of the school and the admission of pupils thereto; and

e. Provide, by contract or otherwise, all necessary transportation for pupils maintained at the school.

##### **§ 18A:61-2.1** Advisory board {#sec-18a-61-2.1 omnilex-key=us-nj-statutes--title-18a--18A:61-2.1}

The State Board of Education with the approval of the Governor shall appoint biannually an advisory board to the Marie H. Katzenbach School for the Deaf which shall consist of not less than seven nor more than 15 members representative of professional and lay interests. The advisory board shall advise the superintendent of the school in planning, implementing and evaluating the educational program of the school.

##### **§ 18A:61-3** Persons admitted {#sec-18a-61-3 omnilex-key=us-nj-statutes--title-18a--18A:61-3}

Deaf persons of suitable age and capacity for instruction, who are legal residents of this state and not over 21 years of age, shall be entitled to the privileges of the school for the time, not exceeding 14 years, the state board shall determine, unless more persons apply for admission at one time than be properly accommodated, in which case the board shall so apportion the number received that each county is represented therein in the ratio of its deaf population to the total deaf population of the state.

##### **§ 18A:61-4** Application for admission {#sec-18a-61-4 omnilex-key=us-nj-statutes--title-18a--18A:61-4}

shall be made to the State board by a parent, guardian or friend of a proposed pupil in the manner directed by the board. The board shall require that the application be accompanied by a certificate from a judge of the Superior Court or the county clerk of the county, a chosen freeholder or clerk of the township, the mayor or other executive officer of the municipality in which the applicant shall reside, stating:

a. That the applicant is a legal resident of the municipality claimed as his residence;

b. The age, circumstances and capacity of the proposed pupil; and

c. The ability or inability of the proposed pupil or his parent or guardian to pay any part of the expense of his care and maintenance.

##### **§ 18A:61-5** Expense of maintaining pupil {#sec-18a-61-5 omnilex-key=us-nj-statutes--title-18a--18A:61-5}

Whenever the board is satisfied that the resources of a person applying for admission to the school or who is a pupil thereat, or those of his parent or guardian, are sufficient to defray either the whole or a part of the expense of maintenance of the pupil, the board may require the parent or guardian to pay either the whole or such portion thereof as it shall deem just and equitable.

##### **§ 18A:61-6** Certain students enrolled in Marie H. Katzenbach school for the deaf permitted to operate State vehicles for driver education. {#sec-18a-61-6 omnilex-key=us-nj-statutes--title-18a--18A:61-6}

1. a. Notwithstanding any provision of law, rule, or regulation to the contrary, a student enrolled in the Marie H. Katzenbach school for the deaf may operate a State vehicle for purposes of behind-the-wheel instruction as part of the school's regular curriculum driver education course.

b. A student enrolled in the school shall be deemed a "public employee" or "State employee" for purposes of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., when operating a State vehicle for purposes of behind-the-wheel instruction as part of the school's regular curriculum driver education course.

## **Chapter 61A** {#struct-chapter-61a}

##### **§ 18A:61A-1** Declaration of policy {#sec-18a-61a-1 omnilex-key=us-nj-statutes--title-18a--18A:61A-1}

1. It is hereby declared to be the policy of the State to foster, encourage and promote, and to provide assistance for, the cultural development of the citizens of New Jersey, and to this end the State Legislature hereby establishes a school for the workplace readiness skills of students in the performing, literary and visual arts which shall be defined as an educational institution of the State under the supervision and direction of the State Board of Education, to serve the students of New Jersey and to supplement and provide instruction to fulfill the Core Curriculum Content Standards for the Visual and Performing Arts adopted by the State Board of Education, to be known as the New Jersey School of the Arts, hereinafter referred to as "the school."

##### **§ 18A:61A-2** Purpose of school {#sec-18a-61a-2 omnilex-key=us-nj-statutes--title-18a--18A:61A-2}

2. The primary purpose of the school shall be the professional training of students in the fields of art, music, drama, dance, and creative writing at the secondary level of instruction, with emphasis placed upon performance of the arts and academic studies of the arts. The school will provide such courses to any secondary school within the State and such other programs as are deemed necessary to meet the needs of its students and of the State, consistent with appropriations made and gifts received or solicited therefor, and may co-operate with other secondary schools and institutions which provide such courses of instruction.

##### **§ 18A:61A-4** Employment of coordinators, professional staff. {#sec-18a-61a-4 omnilex-key=us-nj-statutes--title-18a--18A:61A-4}

4. The school shall employ northern, central and southern coordinators and hire appropriate professional staff to implement programs in music, dance, visual arts and creative writing in each of the 21 counties of the State.

##### **§ 18A:61A-6** Commissioner supervision; powers, duties. {#sec-18a-61a-6 omnilex-key=us-nj-statutes--title-18a--18A:61A-6}

6. The school shall be governed by the Commissioner of Education under the general policies and guidelines set by the State Board of Education, and the commissioner shall have general supervision over, and shall be vested with the conduct of, the school. The commissioner shall, within the general policies and guidelines set by the State Board of Education, have the power and duty to:

a. Determine the educational curriculum and program of the school in accordance with the arts standards, frameworks and assessments;

b. Determine policies for the organization, administration and development of the school;

c. Study the educational and financial needs of the school; annually acquaint the Governor and Legislature with the condition of the school; and prepare, and after concurrence by and jointly with the State Board of Education, present the annual budget to the Governor and Legislature, in accordance with law;

d. Subject to the provisions of P.L.1944, c.112 (C.52:27B-1 et seq.), direct and control the expenditures of the school in accordance with the provisions of the budget and the appropriations acts of the Legislature, except that with respect to transfers of funds pursuant to P.L.1944, c.112 (C.52:27B-1 et seq.), the school shall be deemed a spending agency, and as to funds received or solicited from other sources, in accordance with the terms of any applicable trusts, gifts, bequests, or other special provisions, the counsel, advice and assistance of the Division of Investment in the Department of the Treasury shall be available to the commissioner in the establishment and maintenance of endowment and trust funds;

e. With the approval of the State Board of Education appoint and fix the compensation of a director of the school who shall be its executive officer and shall serve at the pleasure of the commissioner;

f. Appoint members of the academic, administrative and teaching staffs as shall be required and fix their compensation and terms of employment in accordance with salary policies adopted by the State Board of Education, which salary policies shall prescribe qualifications for the education staff that may be in any given classification;

g. Appoint, remove, promote and transfer such other officers, agents or employees as may be required for carrying out the purposes of the school and assign their duties, determine their salaries and prescribe qualifications for all positions, all in accordance with the provisions of Title 11A, Civil Service, of the New Jersey Statutes;

h. Subject to the provisions of P.L.1954, c.48 (C.52:34-6 et seq.), to enter into contracts and agreements with the State or any of its political subdivisions or with the United States, or with any public body, department or other agency of the State or the United States or with any individual, firm, or corporation which are deemed necessary or advisable by the commissioner for carrying out the purposes of the school;

i. Adopt bylaws and make and promulgate such rules, regulations and orders, not inconsistent with the provisions of this act that are necessary and proper for the administration and operation of the school and the carrying out of its purposes;

j. Receive and accept private and corporate contributions for such purposes and upon such terms as the donor may prescribe consistent with the purposes of the school and general policies and guidelines set by the State Board of Education.

##### **§ 18A:61A-7** Contracts by commissioner. {#sec-18a-61a-7 omnilex-key=us-nj-statutes--title-18a--18A:61A-7}

7. Subject to the approval of the State Board of Education or the board of education of a school district, as the case may be, the Commissioner of Education may contract for the use of existing facilities, courses of instruction and programs in academic and other nonarts courses and instruction of other educational institutions and to employ faculty and other personnel jointly or on a co-operative or cost sharing basis with such other educational institutions.

## **Chapter 61B** {#struct-chapter-61b}

##### **§ 18A:61B-1** Transfer of state school district for institutions from department of institutions and agencies to department of education {#sec-18a-61b-1 omnilex-key=us-nj-statutes--title-18a--18A:61B-1}

The State School District for Institutions within the Department of Institutions and Agencies, together with all of its functions, powers and duties, is continued but such State School District is hereby transferred to the Department of Education. All personnel, appropriations, books, papers and property necessary to the operation of the existing State School District are likewise transferred. All rules, regulations, acts, determinations and decisions in force at the time of such transfer proceedings or other such matters undertaken or commenced by the State School District shall continue in force.

## **Chapter 61C** {#struct-chapter-61c}

##### **§ 18A:61C-10** Dual enrollment agreement. {#sec-18a-61c-10 omnilex-key=us-nj-statutes--title-18a--18A:61C-10}

1. a. A school district with a high school may enter into a dual enrollment agreement with one or more public institutions of higher education.

b. A public institution of higher education, other than a State college which generally limits enrollment in its undergraduate programs to persons who are at least 21 years of age, shall enter into a dual enrollment agreement with one or more school districts with a high school.

c. A dual enrollment agreement between a public institution of higher education and a school district shall delineate the dual enrollment program pursuant to which instruction is provided to high school students through courses offered by the institution of higher education on its campus or on the campus of the public high school for college credit or credit toward a career certificate.

d. The dual enrollment agreement shall include:

(1) a description of the courses available to students eligible to participate in the dual enrollment program;

(2) a description of the student eligibility requirements for initial and continuing participation in the dual enrollment program, which shall include a provision that ensures that an eligible student is not excluded from participation because of an inability to pay;

(3) a description of the process by which a student and his parent or guardian exercise the option to participate in the dual enrollment program;

(4) a provision ensuring that any dual enrollment course taught on the high school campus is equivalent in rigor to courses taught on the campus of the institution of higher education;

(5) a description of the process by which a student and his parent or guardian are informed about opportunities for student participation in the dual enrollment program; and

(6) such other items as deemed appropriate by the Commissioner of Education and the Secretary of Higher Education.

##### **§ 18A:61C-11** Acceptance of course credit. {#sec-18a-61c-11 omnilex-key=us-nj-statutes--title-18a--18A:61C-11}

2. A public institution of higher education shall accept the course credit of a student who successfully completes a course under the dual enrollment program.

##### **§ 18A:61C-12** Annual joint report to Governor, Legislature. {#sec-18a-61c-12 omnilex-key=us-nj-statutes--title-18a--18A:61C-12}

3. The Commissioner of Education and the Secretary of Higher Education shall submit annually a joint report to the Governor and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on dual enrollment programs in the State. The report shall include, but need not be limited to: information related to the utilization of dual enrollment programs throughout the State, including information specific to the income-level and location within the State of participating students; the effect dual enrollment programs have on reducing the average time-to-degree completion and increasing the likelihood of college graduation for participating students; an analysis of the rigor of the courses taken pursuant to the dual enrollment program; and recommendations for any suggested changes to the dual enrollment program.

##### **§ 18A:61C-13** Rules, regulations. {#sec-18a-61c-13 omnilex-key=us-nj-statutes--title-18a--18A:61C-13}

4. The State Board of Education and the Secretary of Higher Education each shall 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 act.

##### **§ 18A:61C-14** Findings, declarations relative to college credits for certain high school students. {#sec-18a-61c-14 omnilex-key=us-nj-statutes--title-18a--18A:61C-14}

1. The Legislature finds and declares that:

a. An important way to assure the survival of our republic is to imbue American youth with the ideals and objectives of our government, educate them on the privileges and responsibilities of citizenship, and instill in them a sense of the sacrifices made by the nation's veterans to preserve our nation and way of life;

b. The American Legion Jersey Boys State program, founded in 1935 and active in New Jersey since 1946, and the American Legion Auxiliary Jersey Girls State program, founded in 1947, each strive to develop good citizenship by encouraging the youth of New Jersey to take a more active interest in the operation of State and national government and in the privileges and responsibilities of citizenship;

c. The Jersey Boys State program and the Jersey Girls State program provide a college-level curriculum to a select group of high school juniors, or delegates, who complete an intensive, weeklong governmental leadership program in which delegates create, elect, and administer their own government; and

d. Participation in the Jersey Boys State and Jersey Girls State programs should be encouraged so as to promote a greater understanding of the American system of government and a continued civic participation and commitment to governmental leadership and activism by young people in our State.

##### **§ 18A:61C-15** Eligibility to receive college credits. {#sec-18a-61c-15 omnilex-key=us-nj-statutes--title-18a--18A:61C-15}

2. A high school student who participates in the Jersey Boys State or Jersey Girls State program may be eligible to receive, pursuant to section 3 of this act, up to three college credits upon enrollment at a public or independent institution of higher education located in the State for successful completion of the Boys State or Girls State program.

##### **§ 18A:61C-16** Awarding of credits. {#sec-18a-61c-16 omnilex-key=us-nj-statutes--title-18a--18A:61C-16}

3. a. A public or independent institution of higher education may award, pursuant to regulations established by the Secretary of Higher Education, up to three credits to a regularly admitted student who successfully completed the Jersey Boys State or Jersey Girls State program.

b. The Secretary of Higher Education shall encourage public and independent institutions of higher education to award credit in accordance with the provisions of subsection a. of this section.

##### **§ 18A:61C-17** Construction of act. {#sec-18a-61c-17 omnilex-key=us-nj-statutes--title-18a--18A:61C-17}

4. Nothing in this act shall be construed to require any public or independent institution of higher education to admit a student or to waive its admission standards and application procedures.

## **Chapter 61D** {#struct-chapter-61d}

##### **§ 18A:61D-1** Immunization record {#sec-18a-61d-1 omnilex-key=us-nj-statutes--title-18a--18A:61D-1}

1. Every public and independent institution of higher education in this State shall, as a condition of admission or continued enrollment, require every graduate and undergraduate student who is 30 years of age or less and is enrolled full-time or part-time in a program or course of study leading to an academic degree, to submit to the institution a valid immunization record which documents the administration of all required immunizations against vaccine-preventable disease, or evidence of immunity from these diseases, in accordance with regulations promulgated by the Department of Health. The institution shall keep the records on file in such form and manner as prescribed by the department.

##### **§ 18A:61D-2** Exemption {#sec-18a-61d-2 omnilex-key=us-nj-statutes--title-18a--18A:61D-2}

2. An institution may, in accordance with regulations promulgated by the department, exempt from the requirements of section 1 of P.L.1988, c.158 (C.18A:61D-1) any student who attended an elementary or secondary school located in this State.

##### **§ 18A:61D-3** Conflict with religious beliefs {#sec-18a-61d-3 omnilex-key=us-nj-statutes--title-18a--18A:61D-3}

A student who submits to the institution of higher education a written statement that immunization conflicts with his religious beliefs shall not be required to submit a list of immunizations to the institution as a condition of admission or continued enrollment.

##### **§ 18A:61D-4** Contraindication {#sec-18a-61d-4 omnilex-key=us-nj-statutes--title-18a--18A:61D-4}

4. A student who submits to the institution a written statement that an immunization is medically contraindicated shall submit a valid immunization record of other administered immunizations in accordance with regulations promulgated by the department.

##### **§ 18A:61D-5** Liability not imposed {#sec-18a-61d-5 omnilex-key=us-nj-statutes--title-18a--18A:61D-5}

The provisions of this act shall not be construed as holding any institution of higher education liable for failure to notify a student of any outbreak of contagious disease, or the threat of any disease outbreak.

##### **§ 18A:61D-6** Rules, regulations {#sec-18a-61d-6 omnilex-key=us-nj-statutes--title-18a--18A:61D-6}

6. The Commissioner of Health, shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations necessary to effectuate the provisions of this act.

L1988,c.158,s.6; amended 1994,c.48,s.84.

##### **§ 18A:61D-7** Meningococcal vaccinations, dissemination of information about meningitis to college students. {#sec-18a-61d-7 omnilex-key=us-nj-statutes--title-18a--18A:61D-7}

2. Beginning with the 2000-2001 school year, each four-year public or private institution of higher education in this State, in a manner prescribed by regulation of the Commissioner of Health and Senior Services and consistent with the purposes of section 1 of P.L.2000, c.25 (C.26:2X-1), shall:

a. provide information about meningitis, as well as the meningococcal vaccination requirement established pursuant to section 2 of P.L.2003, c.284 (C.18A:62-15.1), to all prospective students prior to their matriculation, and include with that information notice of the availability and benefits of a meningococcal vaccination; and

b. develop procedures for facilitating, receiving and recording student responses to the information provided pursuant to subsection a. of this section, including: compliance with the vaccination requirement established pursuant to section 2 of P.L.2003, c.284 (C.18A:62-15.1); and the decision of any student who is exempted from that requirement to receive the vaccination.

##### **§ 18A:61D-8** Findings, declarations relative to hepatitis B vaccinations {#sec-18a-61d-8 omnilex-key=us-nj-statutes--title-18a--18A:61D-8}

1. The Legislature finds and declares that:

a. Hepatitis B is a serious viral disease that attacks the liver and can cause lifelong infection, cirrhosis of the liver, liver cancer, liver failure and even death; after tobacco, hepatitis B is the world's leading known cause of cancer;

b. Hepatitis B virus is spread through blood and other body fluids and has been shown in some instances to remain infectious on environmental surfaces for at least a month at room temperature; in some settings, the virus can be up to 100 times more contagious than the virus that causes AIDS;

c. Individuals are at greater risk of hepatitis B virus infection who: have multiple sex partners; use injection drugs; have household contact with an individual who has lifelong hepatitis B infection; and travel to areas of the world where hepatitis B is common;

d. In 1999, an estimated 80,000 individuals in the United States were infected with the hepatitis B virus, and one out of 20 individuals in the United States will be infected with the virus at some time in their lives; approximately 30% of individuals who are infected show no signs or symptoms and can unknowingly pass the virus to others;

e. The highest rate of hepatitis B disease occurs in individuals 20 to 49 years of age; in 1998, 205 hepatitis B cases were reported in New Jersey, with 60% of those occurring in individuals 25 to 44 years of age;

f. Hepatitis B vaccine, which has been available since 1982, prevents hepatitis B disease and its serious consequences; the federal Centers for Disease Control and Prevention recommends routine vaccination of individuals zero to 18 years of age for hepatitis B;

g. As of September 2001, the New Jersey Department of Health and Senior Services requires hepatitis B immunization prior to school entry for all children in the State, with a sixth grade catch-up dose for those not already immunized; and

h. Since the hepatitis B immunization requirement for school entry in the State was recently adopted and the highest rates of hepatitis B infection in the nation and State are occurring in individuals between 20 and 50 years of age, it is appropriate for the State to require every high school student,and each new student enrolling on a full-time basis in a program leading to an academic degree at an institution of higher education in the State,to be vaccinated for hepatitis B.

##### **§ 18A:61D-9** Hepatitis B vaccination required for certain students at institutions of higher education {#sec-18a-61d-9 omnilex-key=us-nj-statutes--title-18a--18A:61D-9}

2. a. Beginning with the 2008-09 school year, a new student enrolling in a program leading to an academic degree at a public or private institution of higher education in this State, who registers for 12 or more credit hours of course study per semester or term, shall be vaccinated for hepatitis B within nine months of attendance as a condition of continued attendance at that institution, except as provided in section 4 of this act.

b. A student shall present evidence of the vaccination required pursuant to this section to the institution in a manner prescribed by the institution.

c. The Department of Health and Senior Services shall require each public or private institution of higher education in this State to offer the vaccination required pursuant to this section to its students through the institution's student health services program or through a contractual agreement with a community health care provider.

d. The Commissioner of Health and Senior Services shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of subsections a., b. and c. of this section and sections 3 and 4 of this act.

##### **§ 18A:61D-10** Exemption from vaccination. {#sec-18a-61d-10 omnilex-key=us-nj-statutes--title-18a--18A:61D-10}

4. A student shall not be required to receive a vaccination pursuant to section 2 or 3 of this act based upon one of the following:

a. a written statement submitted to the secondary school or institution of higher education, as applicable, by a licensed physician indicating that the vaccine is medically contraindicated for a specific period of time and the reasons for the medical contraindication, based upon valid medical reasons as determined by regulation of the Commissioner of Health and Senior Services, which shall exempt the student from the vaccination for the stated period of time; or

b. a written statement submitted to the secondary school or institution of higher education, as applicable, by the student, or the student's parent or guardian if the student is a minor, explaining how the administration of the vaccine conflicts with the bona fide religious tenets or practices of the student, or the parent or guardian, as appropriate; except that a general philosophical or moral objection to the vaccination shall not be sufficient for an exemption on religious grounds.

##### **§ 18A:61D-11** Short title. {#sec-18a-61d-11 omnilex-key=us-nj-statutes--title-18a--18A:61D-11}

1. This act shall be known and may be cited as the "Higher Education Epinephrine Emergency Treatment Act."

##### **§ 18A:61D-12** Findings, declarations relative to insect and food allergies. {#sec-18a-61d-12 omnilex-key=us-nj-statutes--title-18a--18A:61D-12}

2. The Legislature finds and declares that:

a. Insect and food allergies are the leading cause of anaphylaxis, a life-threatening condition that is easily treatable with epinephrine, a medication only available via prescription;

b. Individuals who are known to be at risk of anaphylaxis may carry emergency doses of epinephrine with them at all times. However, many individuals may not be aware of their allergy and therefore do not carry epinephrine medication;

c. New Jersey's institutions of higher education enroll students and attract faculty from around the country and around the world. They offer a broad array of educational opportunities for the students and faculty, both on and off campus, including trips and field studies to new environments that may expose them to different kinds of insects and foods for the first time. These are often remote settings where medical professionals or first responders are not available to provide emergency care for anaphylaxis;

d. The State of New Jersey in P.L.1997, c.368 (C.18A:40-12.5 et seq.) has already recognized the value of training non-medical professionals to administer this life-saving drug in K-12 educational settings when a medical professional is not physically present at the scene; and

e. It would be prudent to provide individuals in higher education settings who are responsible for the safety of one or more individuals with the tools to respond to emergency situations, particularly when placed in settings where exposure to unfamiliar insects or types of food is likely and where assistance from medical professionals and first responders is not readily available.

##### **§ 18A:61D-13** Definitions relative to administering epinephrine. {#sec-18a-61d-13 omnilex-key=us-nj-statutes--title-18a--18A:61D-13}

3. As used in this act:

"Institution of higher education" means a public or independent institution of higher education.

"Licensed campus medical professional" means a physician, physician assistant, advanced practice nurse, or registered nurse who is appropriately licensed by the State of New Jersey and is designated by an institution of higher education to oversee the institution's epinephrine administration and training program.

"Member of the campus community" means an individual who is a student, faculty, or staff member of an institution of higher education.

"Secretary" means the Secretary of Higher Education.

"Trained designee" means a member of the campus community trained by a licensed campus medical professional in the emergency administration of epinephrine via a pre-filled auto-injector mechanism.

##### **§ 18A:61D-14** Development of policy. {#sec-18a-61d-14 omnilex-key=us-nj-statutes--title-18a--18A:61D-14}

4. a. An institution of higher education may develop a policy, in accordance with the guidelines established by the secretary pursuant to section 6 of P.L.2013, c.211 (C.18A:61D-16), for the emergency administration of epinephrine via a pre-filled auto-injector mechanism to a member of the campus community for anaphylaxis when a medical professional is not available. The policy shall:

(1) permit a trained designee, under the guidance of a licensed campus medical professional, to administer epinephrine via a pre-filled auto-injector mechanism to a member of the campus community for whom the designee is responsible, when the designee in good faith believes that the member of the campus community is having an anaphylactic reaction;

(2) permit a trained designee, when responsible for the safety of one or more members of the campus community, to carry in a secure but easily accessible location a supply of pre-filled epinephrine auto-injectors that is prescribed under a standing protocol from a licensed physician; and

(3) provide that the licensed campus medical professional shall have responsibility for : training designees on how to identify an anaphylactic reaction, how to identify the indications for when to use epinephrine, and how to administer epinephrine via a pre-filled auto-injector mechanism; and distributing prescribed pre-filled epinephrine auto-injectors to trained designees.

b. Each institution of higher education that develops a policy pursuant to subsection a. of this section shall designate a physician, physician assistant, advanced practice nurse, or registered nurse who is appropriately licensed by the State of New Jersey to serve as the licensed campus medical professional.

c. A licensed campus medical professional is authorized to:

(1) establish and administer a standardized training protocol for the emergency administration of epinephrine by trained designees;

(2) ensure that trained designees have satisfactorily completed the training protocol;

(3) obtain a supply of pre-filled epinephrine auto-injectors under a standing protocol from a licensed physician; and

(4) control distribution to trained designees of pre-filled epinephrine auto-injectors.

##### **§ 18A:61D-15** Requirements for trained designee. {#sec-18a-61d-15 omnilex-key=us-nj-statutes--title-18a--18A:61D-15}

5. To become a trained designee, an individual must meet the following requirements:

a. be 18 years of age or older;

b. have, or reasonably expect to have, responsibility for at least one other member of the campus community as a result of the individual's occupational or volunteer status; and

c. have satisfactorily completed a standardized training protocol established and administered by a licensed campus medical professional in accordance with guidelines developed by the secretary.

##### **§ 18A:61D-16** Guidelines for development of policy. {#sec-18a-61d-16 omnilex-key=us-nj-statutes--title-18a--18A:61D-16}

6. The secretary, in consultation with the Department of Health, shall establish guidelines for the development of a policy by an institution of higher education for the emergency administration of epinephrine to a member of the campus community for anaphylaxis when a medical professional is not available. The guidelines shall address issues including, but not limited to, the responsibilities of the institution of higher education, the licensed campus medical professional, and the trained designee for the emergency administration of epinephrine. The secretary shall disseminate the guidelines to the president of each institution of higher education.

##### **§ 18A:61D-17** Immunity from liability. {#sec-18a-61d-17 omnilex-key=us-nj-statutes--title-18a--18A:61D-17}

7. No licensed campus medical professional, trained designee, or physician providing a prescription under a standing protocol for epinephrine pursuant to this act, shall be held liable for any good faith act or omission committed in accordance with the provisions of this act. Good faith shall not include willful misconduct, gross negligence, or recklessness.

##### **§ 18A:61D-18** Construction of act. {#sec-18a-61d-18 omnilex-key=us-nj-statutes--title-18a--18A:61D-18}

8. Nothing in this act shall be construed to:

a. permit a trained designee to perform the duties or fill the position of a licensed medical professional;

b. prohibit the administration of a pre-filled epinephrine auto-injector mechanism by a person acting pursuant to a lawful prescription;

c. prevent a licensed and qualified member of a health care profession from administering a pre-filled epinephrine auto-injector mechanism if the duties are consistent with the accepted standards of the member's profession; or

d. violate the "Athletic Training Licensure Act," P.L.1984, c.203 (C.45:9-37.35 et seq.) in the event that a licensed athletic trainer administers epinephrine to a member of the campus community as a trained designee pursuant to this act.

##### **§ 18A:61D-19** Campus-based mental health care programs, services; access; duties of public, independent institutions of higher education. {#sec-18a-61d-19 omnilex-key=us-nj-statutes--title-18a--18A:61D-19}

1. a. Beginning with the 2021-2022 academic year and in each academic year thereafter, each public and independent institution of higher education shall:

(1) ensure that all on-campus students have access to campus-based mental health care programs and services;

(2) provide assistance and referrals to mental health support services to any student unable to access on-campus services; and

(3) provide each newly enrolled student with information concerning the location and availability of those programs and services.

b. Beginning with the 2021-2022 academic year, each public and independent institution of higher education shall establish and maintain, on a 24-hour basis, a toll-free telephone hotline for students. The hotline shall receive and respond to calls from students seeking counseling for depression, anxiety, stress, or other psychological or emotional tension, trauma, or disorder. The operators of the hotline shall seek to identify those callers who should be referred to additional counseling services, and to provide such referrals.

The number for the hotline shall be posted in each dormitory, library, and student center, and any other facility or area on campus that the institution determines to be appropriate.

c. The operators of the hotline shall be, to the greatest extent possible, persons who, by experience or education, are (1) familiar with the emotional and psychological tensions, depressions, and anxieties unique to higher education students; or (2) trained to provide counseling services involving substance use, personal stress management, and other emotional or psychological disorders or conditions which may be likely to adversely affect the well-being of students.

d. An institution of higher education may satisfy the hotline requirement established pursuant to subsection b. of this section by providing each student with the hotline number for the 9-8-8 Suicide and Crisis Lifeline, the National Suicide Prevention Lifeline, the NJ Hopeline, or any 24/7 mental health hotline deemed appropriate by the Secretary of Higher Education. In addition to providing students with the hotline numbers, the institution shall post the hotline numbers in each dormitory, library, and student center, and any other facility or area on campus that the institution determines to be appropriate.

## **Chapter 61E** {#struct-chapter-61e}

##### **§ 18A:61E-1** Short title {#sec-18a-61e-1 omnilex-key=us-nj-statutes--title-18a--18A:61E-1}

1. This act shall be known and may be cited as the "New Jersey Campus Sexual Assault Victim's Bill of Rights Act."

##### **§ 18A:61E-2** "Campus Sexual Assault Victim's Bill of Rights"; development; content {#sec-18a-61e-2 omnilex-key=us-nj-statutes--title-18a--18A:61E-2}

2. The Commission on Higher Education shall appoint an advisory committee of experts which shall develop a "Campus Sexual Assault Victim's Bill of Rights" which affirms support for campus organizations which assist sexual assault victims and provides that the following rights shall be accorded to victims of sexual assaults that occur on the campus of any public or independent institution of higher education in the State and where the victim or alleged perpetrator is a student at the institution or when the victim is a student involved in an off-campus sexual assault.

a. The right to have any allegation of sexual assault treated seriously; the right to be treated with dignity; and the right to be notified of existing medical, counseling, mental health or student services for victims of sexual assault, both on campus and in the community whether or not the crime is reported to campus or civil authorities.

"Campus authorities" as used in this act shall mean any individuals or organizations specified in an institution's statement of campus security policy as the individuals or organizations to whom students and employees should report criminal offenses.

b. The right to have any allegation of sexual assault investigated and adjudicated by the appropriate criminal and civil authorities of the jurisdiction in which the crime occurred, and the right to the full and prompt cooperation and assistance of campus personnel in notifying the proper authorities. The provisions of this subsection shall be in addition to any campus disciplinary proceedings which may take place.

c. The right to be free from pressure from campus personnel to refrain from reporting crimes, or to report crimes as lesser offenses than the victims perceive the crimes to be, or to report crimes if the victim does not wish to do so.

d. The right to be free from any suggestion that victims are responsible for the commission of crimes against them; to be free from any suggestion that victims were contributorily negligent or assumed the risk of being assaulted; to be free from any suggestion that victims must report the crimes to be assured of any other right guaranteed under this policy; and to be free from any suggestion that victims should refrain from reporting crimes in order to avoid unwanted personal publicity.

e. The same right to legal assistance, and the right to have others present, in any campus disciplinary proceeding, that the institution permits to the accused; and the right to be notified of the outcome of any disciplinary proceeding against the accused.

f. The right to full, prompt, and victim-sensitive cooperation of campus personnel in obtaining, securing, and maintaining evidence, including a medical examination if it is necessary to preserve evidence of the assault.

g. The right to be informed of, and assisted in exercising, any rights to be confidentially or anonymously tested for sexually transmitted diseases or human immunodeficiency virus; the right to be informed of, and assisted in exercising, any rights that may be provided by law to compel and disclose the results of testing of sexual assault suspects for communicable diseases.

h. The right to have access to counseling under the same terms and conditions as apply to other students seeking such counseling from appropriate campus counseling services.

i. The right to require campus personnel to take reasonable and necessary action to prevent further unwanted contact of victims with their alleged assailants, including but not limited to, notifying the victim of options for and available assistance in changing academic and living situations after an alleged sexual assault incident if so requested by the victim and if such changes are reasonably available.

##### **§ 18A:61E-3** Implementation of bill of rights {#sec-18a-61e-3 omnilex-key=us-nj-statutes--title-18a--18A:61E-3}

3. In developing the "Campus Sexual Assault Victim's Bill of Rights," established by P.L.1994, c.160 (C.18A:61E-1 et seq.), the committee created pursuant to section 2 of P.L.1994, c.160 (C.18A:61E-2) shall review existing policies and procedures of public and independent institutions of higher education within the State and shall, as appropriate, incorporate those policies into a proposed bill of rights. The committee shall make a recommendation to the commission which incorporates a proposed "Campus Sexual Assault Victim's Bill of Rights." The commission following consultation with the New Jersey Presidents' Council, established pursuant to section 7 of P.L.1994, c.48 (C.18A:3B-7), shall adopt a "Campus Sexual Assault Victim's Bill of Rights." The commission shall make the "Campus Sexual Assault Victim's Bill of Rights " available to each institution of higher education within the State. The governing boards of the institutions shall examine the resources dedicated to services required on each campus to guarantee that this bill of rights is implemented, and shall make appropriate requests to increase or reallocate resources where necessary to ensure implementation.

##### **§ 18A:61E-4** Distribution to students {#sec-18a-61e-4 omnilex-key=us-nj-statutes--title-18a--18A:61E-4}

4. Every public and independent institution of higher education within the State shall make every reasonable effort to ensure that every student at that institution receives a copy of the "Campus Sexual Assault Victim's Bill of Rights."

##### **§ 18A:61E-5** Reports of suspected offenses {#sec-18a-61e-5 omnilex-key=us-nj-statutes--title-18a--18A:61E-5}

5. Nothing in this act or in any "Campus Assault Victim's Bill of Rights" developed in accordance with the provisions of this act, shall be construed to preclude or in any way to restrict any public or independent institution of higher education in the State from reporting any suspected crime or offense to the appropriate law enforcement authorities.

##### **§ 18A:61E-6** Immunity {#sec-18a-61e-6 omnilex-key=us-nj-statutes--title-18a--18A:61E-6}

6. Notwithstanding any other provision of law to the contrary, no public or independent institution of higher education or its employees shall be liable for damages resulting from any exercise of judgment or discretion in connection with the performance of their duties unless the actions evidence a reckless disregard for the duties imposed by this act. Nothing in this section shall be deemed to grant immunity to any person causing damage by his willful, wanton or grossly negligent act of commission or omission.

##### **§ 18A:61E-7** Campus Sexual Assault Commission. {#sec-18a-61e-7 omnilex-key=us-nj-statutes--title-18a--18A:61E-7}

1. a. There is established a Campus Sexual Assault Commission in, but not of, the Department of State. The commission shall consist of 12 members including:

(1) the Secretary of Higher Education, the Attorney General, and the Director of the Division on Women in the Department of Children and Families, or their designees, who shall serve ex officio;

(2) five public members appointed by the Governor, including a representative of the State colleges and universities established pursuant to chapter 64 of Title 18A of the New Jersey Statutes, a representative of the public research universities, a representative of the county colleges, a representative of the independent colleges and universities, and a representative of the New Jersey Coalition Against Sexual Assault; and

(3) four public members with demonstrated research or practitioner experience in issues related to campus sexual violence, including at least one student who is currently involved in campus sexual assault education or advocacy. The President of the Senate, the Speaker of the General Assembly, the Minority Leader of the Senate, and the Minority Leader of the General Assembly shall each appoint one of these public members.

b. The public members shall serve for a term of three years, but of the members first appointed: three of the members appointed by the Governor shall serve for a term of three years; one of the members appointed by the Governor, the member appointed by the President of the Senate, and the member appointed by the Speaker of the General Assembly shall serve for a term of two years; and one of the members appointed by the Governor, the member appointed by the Minority Leader of the Senate, and the member appointed by the Minority Leader of the General Assembly shall serve for a term of one year.

c. Vacancies in the membership of the commission shall be filled in the same manner as the original appointments are made and a member may be eligible for reappointment. Vacancies occurring other than by expiration of a term shall be filled for the unexpired term.

d. The members of the commission shall serve without compensation but shall be reimbursed for reasonable expenses necessarily incurred in the performance of their duties within the limits of funds appropriated or otherwise made available to the commission for its purposes.

##### **§ 18A:61E-8** Organization, meetings. {#sec-18a-61e-8 omnilex-key=us-nj-statutes--title-18a--18A:61E-8}

2. The commission shall organize as soon as practicable following the appointment of its members, which shall take place between 30 and 60 days after the issuance of the final report of the Working Group on Safe and Inclusive Learning Environments established pursuant to Executive Order No. 61 of 2019. The commission shall choose a chairperson from among its members and shall appoint a secretary who need not be a member of the commission. The commission shall meet quarterly, at a minimum.

##### **§ 18A:61E-9** Provision of assistance. {#sec-18a-61e-9 omnilex-key=us-nj-statutes--title-18a--18A:61E-9}

3. The Office of the Secretary of Higher Education shall provide such stenographic, clerical, and other administrative assistants, and such professional staff as the commission requires to carry out its work. The commission also shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available for its purposes.

##### **§ 18A:61E-10** Responsibility of commission. {#sec-18a-61e-10 omnilex-key=us-nj-statutes--title-18a--18A:61E-10}

4. It shall be the responsibility of the commission to further the work of the Task Force on Campus Sexual Assault established pursuant to P.L.2015, c.165. In particular, the commission shall:

a. study and evaluate emerging issues, policies, and practices concerning campus sexual assault, dating and domestic violence, and stalking on college campuses;

b. monitor the response to, and implementation of, the recommendations put forth in the report issued by the task force established pursuant to P.L.2015, c.165 and the Working Group on Safe and Inclusive Learning Environments established pursuant to Executive Order No. 61 of 2019;

c. supplement the findings and recommendations, as necessary, of the report issued by the task force established pursuant to P.L.2015, c.165;

d. monitor the progress of, and offer technical assistance to, institutions of higher education in implementing a campus climate survey. An institution of higher education shall conduct a campus climate survey at intervals no longer than four years and submit the de-identified survey data to the Office of the Secretary of Higher Education. The Office of the Secretary of Higher Education shall share the findings with the commission; and

e. develop an action plan that includes policies, programs, or procedures responsive to the issues and needs identified by institutions of higher education from their campus climate survey.

## **Chapter 61F** {#struct-chapter-61f}

##### **§ 18A:61F-1** Consumption prohibited in public, private institution of higher education. {#sec-18a-61f-1 omnilex-key=us-nj-statutes--title-18a--18A:61F-1}

49. Consuming, including by smoking, vaping, or aerosolizing, any cannabis item available for lawful consumption pursuant to the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," P.L.2021, c.16 (C.24:6I-31 et al.), is prohibited in any area of any building of, on the grounds of, or in any facility owned, leased, or controlled by, any public or private institution of higher education or a related entity thereof, regardless of whether the area or facility is an indoor place or is outdoors. As used in this section "related entity" includes, but is not limited to, the foundation, auxiliary services corporation, or alumni association, or any subsidiary thereof, of an institution of higher education. Any penalties that may be assessed for the smoking of tobacco where prohibited under the "New Jersey Smoke-Free Air Act," P.L.2005, c.383 (C.26:3D-55 et seq.), shall be applicable to the consumption of cannabis items where prohibited by this section.

## **Chapter 62** {#struct-chapter-62}

##### **§ 18A:62-1** Public institutions of higher education {#sec-18a-62-1 omnilex-key=us-nj-statutes--title-18a--18A:62-1}

The public institutions of higher education are the five State colleges; the county colleges; the public research universities and any other public institution of higher education now or hereafter established or authorized by law.

##### **§ 18A:62-1.1** Voter registration at public institutions of higher education. {#sec-18a-62-1.1 omnilex-key=us-nj-statutes--title-18a--18A:62-1.1}

2. The registrar or other principal officer responsible for the registration of students at each public institution of higher education as included under the provisions of N.J.S.18A:62-1 shall:

a. cause copies of the voter registration forms and instructions furnished under subsection f. of section 16 of P.L.1974, c.30 (C.19:31-6.4) to be displayed at the office of registration for that institution and to be made available to each eligible enrolled student at and each eligible prospective student of the institution who, when appearing in person at that office, may wish on a voluntary basis to register to vote;

b. provide for the continuous supply of the forms and instructions specified in subsection a. of this section to that office of registration; and

c. provide the forms and instructions specified in subsection a. of this section in both the English and Spanish languages to each office of registration that is located in any county in which bilingual sample ballots must be provided pursuant to R.S.19:14-21, R.S.19:49-4 or section 2 of P.L.1965, c.29 (C.19:23-22.4).

As used in this section:

"eligible enrolled student" means an individual who is already enrolled in a public institution of higher education who, by the time of the next election, shall be at least 18 years old, a citizen of the United States, a resident of the State of New Jersey, and a resident of the county in which the individual resides for at least 30 days before the election; and

"eligible prospective student" means an individual who is applying for initial enrollment in a public institution of higher education who, by the time of the next election, shall be at least 18 years old, a citizen of the United States, a resident of the State of New Jersey, and a resident of the county in which the individual resides for at least 30 days before the election.

##### **§ 18A:62-1.2** Public institutions of higher education to include information about food assistance upon offer of admission, semester registration. {#sec-18a-62-1.2 omnilex-key=us-nj-statutes--title-18a--18A:62-1.2}

2. Each public institution of higher education shall include with its initial offer of admission and, via email, upon each semester’s registration:

a. the information developed pursuant to section 1 of P.L.2025, c.213 (C.44:10-81.11); and

b. information on any food assistance, pantry, meal swipe, or similar programs offered by the institution or located in the community.

##### **§ 18A:62-2** Disbursements to denominational schools prohibited {#sec-18a-62-2 omnilex-key=us-nj-statutes--title-18a--18A:62-2}

No disbursements of the moneys appropriated by the state for the purposes of public higher education shall be made to any institution wholly or in part under the control of a religious denomination or in which a denominational tenet or doctrine is taught.

##### **§ 18A:62-3** Enrollment of senior citizens in tuition-free courses in State institutions of higher education {#sec-18a-62-3 omnilex-key=us-nj-statutes--title-18a--18A:62-3}

1. Each public institution of higher education in New Jersey may permit persons of the age of 65 or more years to enroll without the payment of any tuition charges in regularly scheduled courses; provided that available classroom space permits and that tuition paying students constitute the minimum number required for the course, provided that nothing herein shall preclude public institutions from requiring registration fees for individuals attending courses pursuant to waivers granted under this act.

##### **§ 18A:62-4** Residency requirement {#sec-18a-62-4 omnilex-key=us-nj-statutes--title-18a--18A:62-4}

1. Persons who have been resident within this State for a period of 12 months prior to enrollment in a public institution of higher education are presumed to be domiciled in this State for tuition purposes. Persons who have been resident within this State for less than 12 months prior to enrollment are presumed to be nondomiciliaries for tuition purposes. Persons presumed to be nondomiciled or persons who are presumed to be domiciled, but whose domiciliary status is challenged by the institution, may demonstrate domicile according to rules and regulations established for that purpose by the Commission on Higher Education. Residence established solely for the purpose of attending a particular educational institution is not domicile for the purposes of this act.

##### **§ 18A:62-4.1** Resident tuition for military personnel, dependents. {#sec-18a-62-4.1 omnilex-key=us-nj-statutes--title-18a--18A:62-4.1}

1. a. United States military personnel and their dependents who are living in New Jersey and are attending public institutions of higher education in New Jersey shall be regarded as residents of the State for the purpose of determining tuition.

b. A dependent child of United States military personnel who attended high school in New Jersey for a minimum of three years shall be regarded by a public institution of higher education in New Jersey as a resident of the State for the purpose of determining tuition, regardless of where the dependent child resides upon enrollment in the institution.

##### **§ 18A:62-4.1a** Short title. {#sec-18a-62-4.1a omnilex-key=us-nj-statutes--title-18a--18A:62-4.1a}

1. This act shall be known and may be cited as the "New Jersey Tuition Equality for America's Military (NJTEAM) Act."

##### **§ 18A:62-4.1b** Definitions relative to the "NJTEAM Act." {#sec-18a-62-4.1b omnilex-key=us-nj-statutes--title-18a--18A:62-4.1b}

2. a. A veteran or covered individual who is living in New Jersey and is attending a public institution of higher education in New Jersey shall be regarded as a resident of the State for the purpose of determining tuition, regardless of the veteran or covered individual's state of residence.

b. As used in this section:

"Covered individual" means:

(1) an individual who is entitled to educational assistance under provisions of the federal "Post-9/11 Educational Assistance" program (38 U.S.C. s.3311(b)(9) or 3319) by virtue of such individual's relationship to a veteran ; and

(2) an individual who is entitled to educational assistance under provisions of the United States Department of Veterans Affairs' "Vocational Rehabilitation and Employment Program" (38 U.S.C. s.3100 et seq.) effective for courses, semesters, or terms that begin after March 1, 2019.

"Veteran" means a person who has served on active duty in the Uniformed Services of the United States and who was discharged or released and who qualifies for educational assistance under the federal "All-Volunteer Force Educational Assistance Program" (38 U.S.C. s.3001 et seq.) or "Post-9/11 Educational Assistance" program (38 U.S.C. s.3301 et seq.).

##### **§ 18A:62-4.2** Options for student at public institution of higher education unable to complete course due to military service. {#sec-18a-62-4.2 omnilex-key=us-nj-statutes--title-18a--18A:62-4.2}

1. a. A service member or dependent of the service member, enrolled in a public institution of higher education who is unable to complete a course due to an unplanned deployment, mobilization, reassignment, or other military obligation of the service member, shall be entitled to the options set forth in this section with respect to the service member's or dependent's grade for the course.

b. A service member or dependent who has completed at least 55 percent of the course duration may choose, subject to approval from the faculty member, the department, the registrar, or the appropriate office at the institution, as applicable, to:

(1) receive a letter grade if the faculty member teaching the course determines that the service member or dependent has completed sufficient work, and there is sufficient evidence of progress toward meeting the requirements of the course, to justify the grade;

(2) receive a grade of pass or fail based on whether the faculty member teaching the course determines that the service member or dependent has completed sufficient work and there is sufficient evidence of progress toward meeting the requirements of the course to justify the grade;

(3) receive a grade of incomplete;

(4) withdraw from the course;

(5) receive a temporary grade, if applicable; or

(6) transfer into an equivalent online section of the course, if available, with appropriate approval.

c. A service member or dependent who has completed less than 55 percent of the course duration may choose, subject to approval from the faculty member, the department, the registrar, or the appropriate office at the institution, as applicable, to:

(1) receive a grade of incomplete if the faculty member teaching the course determines that the service member or dependent has completed sufficient work, and there is sufficient evidence of progress toward meeting the requirements of the course, to justify the grade;

(2) withdraw from the course; or

(3) transfer into an equivalent online section of the course, if available, with appropriate approval.

d. (Deleted by amendment, P.L.2025, c.105)

e. A grade of incomplete shall remain valid for a period of one year after the service member or dependent returns to the public institution of higher education.

f. A service member or dependent who chooses to accept a grade of pass or fail may, within one year after returning to the public institution of higher education, contact the faculty member who taught the course, the academic chair of the department offering the course, the registrar, or the appropriate office at the institution to establish a plan to receive a letter grade for the course by completing the work required for the course, in which case the letter grade shall replace the pass or fail grade as the service member's or dependent's grade for the course.

g. A service member or dependent who chooses to withdraw from a course shall receive a full refund of tuition and fees attributable to that course.

h. A service member or dependent who has paid amounts for room, board, or fees shall, except as provided in subsection g. of this section, receive a refund of that portion of those amounts attributable to the time period during which the student or dependent did not use the services for which payment was made.

i. Any refund payable to a service member or dependent who is a financial aid recipient shall be subject to the applicable State and federal regulations regarding refunds.

j. As used in this section:

"Dependent" means an individual who is the dependent child or spouse of a service member.

"Service member" means an individual who is serving as a member of a Reserve component of the Armed Forces of the United States, or as a member of the National Guard, or on active duty as a member of the Armed Forces of the United States.

##### **§ 18A:62-4.3** Student at public institution of higher education, re-enrollment right, refund of fees if called to active duty for certain military operations. {#sec-18a-62-4.3 omnilex-key=us-nj-statutes--title-18a--18A:62-4.3}

1. A student who is a member of the New Jersey National Guard or of the Reserve component of the Armed Forces of the United States and who is unable to complete a course at a New Jersey public institution of higher education because the student is called to active duty as a consequence of Operation Noble Eagle, Operation Enduring Freedom, or Operation Iraqi Freedom shall be entitled to re-enroll in the course upon the completion of military service or to receive a refund of any tuition and fees paid for that course. A student who has paid room, board, or other fees to the institution shall also be entitled to a refund of the portion of those charges attributable to the time period in which the facilities or services were not used by the student.

New Jersey independent institutions of higher education are encouraged to provide the same re-enrollment right and refunds for their students who are members of the New Jersey National Guard or of the Reserve component of the Armed Forces of the United States and who are called to active duty as a consequence of Operation Noble Eagle, Operation Enduring Freedom, or Operation Iraqi Freedom.

##### **§ 18A:62-4.3a** Short title. {#sec-18a-62-4.3a omnilex-key=us-nj-statutes--title-18a--18A:62-4.3a}

1. This act shall be known and may be cited as the "Combat to College Act."

##### **§ 18A:62-4.3b** Definitions relative to veterans given priority course registration to attend college. {#sec-18a-62-4.3b omnilex-key=us-nj-statutes--title-18a--18A:62-4.3b}

2. a. As used in this section:

"Service member" means an individual who is serving on active duty as a member of the Armed Forces of the United States, a Reserve component thereof, or the National Guard.

"Veteran" means an individual who served on active duty in the Armed Forces of the United States, a Reserve component thereof, or the National Guard, and who was honorably discharged or released under honorable circumstances from active service.

b. A service member or veteran who is living in New Jersey and attending a public institution of higher education shall be granted priority in registering for courses at the public institution of higher education. Priority course registration shall occur using the same procedures used by other segments of the student population, if any, that are offered priority registration by the institution.

##### **§ 18A:62-4.3c** Definitions; certain institutions to establish policies, procedures. {#sec-18a-62-4.3c omnilex-key=us-nj-statutes--title-18a--18A:62-4.3c}

2. a. As used in this section:

"Service member" means an individual who is serving as a member of a Reserve component of the Armed Forces of the United States, or as a member of the National Guard, or on active duty as a member of the Armed Forces of the United States.

"Veteran" means an individual who served as a member of a Reserve component of the Armed Forces of the United States, or as a member of the National Guard, or on active duty in the Armed Forces of the United States, and who was honorably discharged or released under honorable circumstances from active service.

b. Notwithstanding any provision of law to the contrary, each public institution of higher education shall establish policies and procedures to permit the late registration of a student who is a veteran or a service member upon the student's return from deployment, mobilization, reassignment, or other military obligation. The institution shall not charge a late fee or similar penalty on a registration submitted pursuant to this subsection.

Nothing in this subsection shall be construed to require any public institution of higher education to admit a student or to waive its admission standards.

##### **§ 18A:62-4.3d** Readmission, higher education, uniformed service. {#sec-18a-62-4.3d omnilex-key=us-nj-statutes--title-18a--18A:62-4.3d}

1. a. A public institution of higher education shall readmit an undergraduate student who withdrew from the institution due to the student's service in the uniformed services, including service in the Armed Forces, or as a member of the National Guard or Reserve, on active duty, active duty for training, or full-time National Guard duty under federal or State authority. The institution shall readmit the student with the same academic status as the student had when the student last attended the institution.

b. Readmission shall be granted upon written request by the student for the next academic semester beginning after the date of the request. An institution shall not charge an application or other fee for a readmission request made pursuant to the provisions of this section.

##### **§ 18A:62-4.4** Certain students to qualify for in-State tuition at public institutions of higher education. {#sec-18a-62-4.4 omnilex-key=us-nj-statutes--title-18a--18A:62-4.4}

1. a. Notwithstanding the provisions of any law or regulation to the contrary, a student, other than a nonimmigrant alien within the meaning of section 101 (a)(15) of the "Immigration and Nationality Act" (8 U.S.C. s.1101(a)(15)), shall be exempt from paying out-of-State tuition at a public institution of higher education if the student:

(1) attended high school in this State for three or more years;

(2) graduated from a high school in this State or received the equivalent of a high school diploma in this State;

(3) registers as an entering student or is currently enrolled in a public institution of higher education not earlier than the fall semester of the 2013-2014 academic year; and

(4) in the case of a person without lawful immigration status, files an affidavit with the institution of higher education stating that the student has filed an application to legalize his immigration status or will file an application as soon as he is eligible to do so.

b. Student information obtained in the implementation of this section shall be confidential.

c. The Secretary of Higher Education shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this section.

##### **§ 18A:62-4.5** Eligibility for resident undergraduate tuition rate. {#sec-18a-62-4.5 omnilex-key=us-nj-statutes--title-18a--18A:62-4.5}

3. a. A dependent student shall be considered domiciled in this State for the purposes of determining eligibility for the resident undergraduate tuition rate at a public institution of higher education if the student meets the following criteria:

(1) the student is a United States citizen; and

(2) the student has resided in the State for a period of not less than 12 consecutive months before first enrolling in a public institution of higher education and, in the case of a county college student, resides in the county sponsoring the college before first enrolling at the college.

b. A dependent student may not establish eligibility for the resident undergraduate tuition rate pursuant to subsection a. of this section if the student's parent or guardian has not lived in this State for a period of at least 12 consecutive months immediately prior to the student's initial enrollment in a public institution of higher education.

c. Nothing in this section shall be construed to affect the eligibility for the resident undergraduate tuition rate of any student who does not meet the requirements of this section but is otherwise eligible for the resident undergraduate tuition rate at a public institution of higher education in accordance with law or regulation.

##### **§ 18A:62-4.6** Certain students qualified for in-State tuition at public institutions of higher education. {#sec-18a-62-4.6 omnilex-key=us-nj-statutes--title-18a--18A:62-4.6}

1. Notwithstanding any provision of section 1 of P.L.2013, c.170 (C.18A:62-4.4) or any other section of law to the contrary, a student who holds a T or U visa or a dependent student whose parent or guardian holds an H-1B, O-1 or O-2 visa shall be exempt from paying out-of-State tuition at a public institution of higher education provided the student meets the conditions set forth in paragraphs (1) through (4) of subsection a. of section 1 of P.L.2013, c.170 (C.18A:62-4.4).

##### **§ 18A:62-5** Violence and hazing; monitor of incidence; uniform record-keeping system {#sec-18a-62-5 omnilex-key=us-nj-statutes--title-18a--18A:62-5}

The Chancellor of Higher Education shall establish standards and promulgate rules and regulations to monitor the incidence of violence and hazing in the institutions of higher education in New Jersey and shall establish a uniform record-keeping system for the purpose of gathering information pertaining to such offenses. As used in this act, "violence" means any crime against person or property which creates a risk of causing bodily harm.

##### **§ 18A:62-6** Report by employee; filing; forwarding of report and action taken to state department of higher education {#sec-18a-62-6 omnilex-key=us-nj-statutes--title-18a--18A:62-6}

Any employee of an institution of higher education observing or having direct knowledge from a participant or victim of an act of violence or hazing shall, in accordance with standards established by the chancellor, file a report describing the incident to the chief executive officer of the institution in a manner prescribed by the chancellor, and a copy of the report shall be forwarded to the State Department of Higher Education.

The chief executive officer of the institution shall notify the State Department of Higher Education of the incident and of the action taken regarding the incident.

##### **§ 18A:62-7** Annual report {#sec-18a-62-7 omnilex-key=us-nj-statutes--title-18a--18A:62-7}

The Chancellor of Higher Education shall include in his annual report to the Governor and the Legislature, pursuant to N.J.S. 18A:3-21, a section detailing the extent of violence and hazing in the institutions of higher education, explaining the measures being taken to counter the problem, and making recommendations to alleviate the problem.

##### **§ 18A:62-15** Institutions of higher education to offer health insurance coverage; rules, regulations. {#sec-18a-62-15 omnilex-key=us-nj-statutes--title-18a--18A:62-15}

77. a. The Department of Health shall require all public and private institutions of higher education in this State to offer health insurance coverage on a group or individual basis for purchase by students who are enrolled full-time at the institution.

b. The Commissioner of Health shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to carry out the purposes of subsection a. of this section.

##### **§ 18A:62-15.1** Meningococcal disease immunizations for certain students. {#sec-18a-62-15.1 omnilex-key=us-nj-statutes--title-18a--18A:62-15.1}

2. a. Beginning in September 2004, a new student enrolling in a public or private institution of higher education in this State shall have received immunization for meningococcal disease as recommended by the Department of Health, which shall consider the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention in the federal Department of Health and Human Services and, as appropriate, the recommendations of the American Academy of Pediatrics, the American Academy of Family Physicians, the American College of Obstetricians and Gynecologists, and the American College of Physicians, as a condition of attendance at that institution, except as provided in section 3 of P.L.2003, c.284 (C.18A:62-15.2).

b. A student shall present evidence of the vaccination required pursuant to subsection a. of this section to the institution in a manner prescribed by the institution.

c. The Department of Health shall require each public or private institution of higher education in this State to offer the immunization required pursuant to subsection a. of this section to its students through the institution's student health services program or through a contractual agreement with a community health care provider.

d. The Commissioner of Health shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of subsections a., b., and c. of this section and section 3 of P.L.2003, c.284 (C.18A:62-15.2).

##### **§ 18A:62-15.2** Exemption from vaccination. {#sec-18a-62-15.2 omnilex-key=us-nj-statutes--title-18a--18A:62-15.2}

3. a. A student shall not be required to receive a vaccination pursuant to subsection a. of section 2 of this act based upon one of the following:

(1) a written statement submitted to the institution of higher education by a licensed physician indicating that the vaccine is medically contraindicated for a specific period of time and the reasons for the medical contraindication, based upon valid medical reasons as determined by regulation of the Commissioner of Health and Senior Services, which shall exempt the student from the vaccination for the stated period of time; or

(2) a written statement submitted to the institution of higher education by the student, or the student's parent or guardian if the student is a minor, explaining how the administration of the vaccine conflicts with the bona fide religious tenets or practices of the student, or the parent or guardian, as appropriate; except that a general philosophical or moral objection to the vaccination shall not be sufficient for an exemption on religious grounds.

b. In the event of an actual or threatened outbreak of meningitis at a public or private institution of higher education in this State, the institution may exclude from attendance a student who has been exempted from the vaccination requirement of this act pursuant to subsection a. of this section, as determined by the Commissioner of Health and Senior Services.

##### **§ 18A:62-16** Findings, declarations {#sec-18a-62-16 omnilex-key=us-nj-statutes--title-18a--18A:62-16}

1. The Legislature finds and declares that:

a. Adult illiteracy is a widespread problem in society which reduces the pool of available skilled labor and thereby impedes economic growth and global competitiveness.

b. Although various national and Statewide literacy organizations have established community-based literacy programs, the need for literacy tutor volunteers is great.

c. Students could assist in reducing the problem of illiteracy by being active participants in providing literacy tutoring, thereby expanding the State's pool of literacy volunteers.

d. Students who provide literacy tutoring would be performing a public service for the communities where they reside while gaining college credit toward graduation.

e. The active participation of the State's public universities and colleges in the fight against illiteracy would reinforce their commitment to provide an educated work force.

##### **§ 18A:62-17** Establishment of literacy tutoring program {#sec-18a-62-17 omnilex-key=us-nj-statutes--title-18a--18A:62-17}

2. The governing body of each public institution of higher education may elect to establish a literacy tutoring program which would offer course credit toward graduation for students who choose to participate.

##### **§ 18A:62-18** Joint sponsorship of literacy tutoring program {#sec-18a-62-18 omnilex-key=us-nj-statutes--title-18a--18A:62-18}

3. The governing body of each public institution of higher education may jointly sponsor the literacy tutoring program with a local agency or organization which would:

a. Link students to the various literacy programs in their communities and throughout the State.

b. Coordinate the training of student tutors; and

c. Monitor the performance of a student providing literacy tutoring.

##### **§ 18A:62-19** Substitution of elective course {#sec-18a-62-19 omnilex-key=us-nj-statutes--title-18a--18A:62-19}

4. A student enrolled in a public institution of higher education on a full-time or part-time basis may elect to substitute an elective course offered by the institution with the literacy tutoring program for the same number of credits.

##### **§ 18A:62-20** Completion of required number of credit hours {#sec-18a-62-20 omnilex-key=us-nj-statutes--title-18a--18A:62-20}

5. A student in the literacy tutoring program shall be required to complete the same minimum number of credit hours in a semester as would normally be required were the student not enrolled in the literacy tutoring program.

##### **§ 18A:62-21** Review of guidelines, procedures. {#sec-18a-62-21 omnilex-key=us-nj-statutes--title-18a--18A:62-21}

6. The Commission on Higher Education shall review the guidelines and procedures developed by the institutions, in conjunction with the agencies or organizations sponsoring literacy tutoring programs, to provide assistance in making the guidelines and procedures the same for all participating institutions.

##### **§ 18A:62-22** Student tuition, fees, certain; collection method, "optional fee" defined {#sec-18a-62-22 omnilex-key=us-nj-statutes--title-18a--18A:62-22}

1. The governing body of any public institution of higher education shall not allow funds for legislative agents or organizations as defined in chapter 13C of Title 52 of the New Jersey Statutes which attempt to influence legislation to be assessed on student tuition bills, except that optional fees for non-partisan organizations which employ legislative agents or attempt to influence legislation shall be collected by the governing body whenever students at the institution have authorized an optional fee for such organizations by a majority vote of those students voting in an official student referendum. For the purposes of this section "optional fee" shall mean any amount payable on a student tuition bill, appearing as a separately assessed item, but not a mandatory charge or a waivable fee. Optional fees shall be accompanied by a statement as to the nature of the item, and that the item is not a charge required to be paid by the student but rather the student may add the charge to the total amount due, and that the item appears on the bill at the request of the student body, and does not necessarily reflect the endorsement of the governing body.

##### **§ 18A:62-23** "Initial Active Duty Training" defined. {#sec-18a-62-23 omnilex-key=us-nj-statutes--title-18a--18A:62-23}

20. As used in sections 20-25 of this act, "Initial Active Duty Training" means Basic Military Training, for members of the New Jersey Air National Guard, and Basic Combat Training and Advanced Individual Training, for members of the New Jersey Army National Guard.

##### **§ 18A:62-24** Tuition benefits for members of New Jersey National Guard; State payment. {#sec-18a-62-24 omnilex-key=us-nj-statutes--title-18a--18A:62-24}

a. Any member of the New Jersey National Guard shall be permitted to attend regularly-scheduled courses at any public institution of higher education in this State enumerated in N.J.S.18A:62-1 and receive up to 16 credits per semester tuition-free provided that:

(1) the member has completed Initial Active Duty Training and, except as otherwise provided pursuant to subsection c. of this section, is in good standing as an active member of the New Jersey National Guard;

(2) the member has been accepted to pursue a course of undergraduate study and is enrolled as an undergraduate student in good standing at that institution or a course of graduate study and is enrolled as a graduate student in good standing at that institution;

(3) the member has applied for all available State student grants and scholarships and all available federal student grants and scholarships for which the member is eligible; and

(4) the member has applied for tuition benefits available through the United States Department of Veterans Affairs for which the member is eligible under the "Post-9/11 Veterans Educational Assistance Act of 2008," Pub.L.110-252 (38 U.S.C. s.3301 et seq.), except that such application shall not be required in the case of a tuition benefit transfer by the member as permitted by federal law.

b. The State shall reimburse a public institution of higher education for the tuition cost of each National Guard member who enrolls in the institution pursuant to the provisions of this section to the extent that the tuition cost is not paid through tuition benefits available to the member through the United States Department of Veterans Affairs under the "Post-9/11 Veterans Educational Assistance Act of 2008," Pub.L.110-252 (38 U.S.C. s.3301 et seq.).

c. Any member of the New Jersey National Guard whose enrollment in a public institution of higher education on a tuition-free basis pursuant to subsection a. of this section is interrupted by a deployment to active duty shall be permitted to receive the free tuition benefit after discharge from service under conditions other than dishonorable. In the event of a non-medical discharge or a medical discharge that is not caused by an illness or injury related to the performance of duties for the National Guard, eligibility for the free tuition benefit shall begin from the date of discharge and shall continue for one semester or a period of time equal to the length of the deployment, whichever is longer. In the event of medical discharge or medical retirement as a result of illness or injury incurred in the combat theater, as a result of terrorist action, or in the response to a natural disaster, eligibility for the free tuition benefit shall begin from the date of discharge or retirement and shall continue until completion of the degree program in which enrolled or for five years, whichever occurs first.

##### **§ 18A:62-24.1** Nonresident tuition rate for NJ National Guard members prohibited. {#sec-18a-62-24.1 omnilex-key=us-nj-statutes--title-18a--18A:62-24.1}

1. No public institution of higher education in this State shall impose a nonresident tuition rate or differential fee on a member of the New Jersey National Guard, if the member meets the criteria set forth in section 21 of P.L.1999, c.46 (C.18A:62-24).

##### **§ 18A:62-25** Eligibility of child, surviving spouse of certain members of New Jersey National Guard for tuition benefits. {#sec-18a-62-25 omnilex-key=us-nj-statutes--title-18a--18A:62-25}

Any child or surviving spouse of a member of the New Jersey National Guard who heretofore completed Initial Active Duty Training and was killed in the performance of his duties while on active duty with the New Jersey National Guard, or who hereafter completes Initial Active Duty Training and is killed in the performance of his duties while a member of the New Jersey National Guard, shall be permitted to attend regularly-scheduled courses at any public institution of higher education in this State enumerated in N.J.S.18A:62-1 and receive up to 16 credits per semester tuition-free provided that:

a. the child or spouse has been accepted to pursue a course of undergraduate study and is enrolled as an undergraduate student in good standing at that institution or a course of graduate study and is enrolled as a graduate student in good standing at that institution;

b. the child or spouse has applied for all available State student grants and scholarships and all available federal student grants and scholarships for which the child or spouse is eligible;

c. the child or spouse has applied for tuition benefits available through the United States Department of Veterans Affairs for which the child or spouse is eligible under the "Post-9/11 Veterans Educational Assistance Act of 2008," Pub.L.110-252 (38 U.S.C. s.3301 et seq.); and

d. available classroom space permits and tuition-paying students constitute the minimum number required for the course.

##### **§ 18A:62-25.1** Nonresident tuition for certain survivors of members of NJ National Guard prohibited. {#sec-18a-62-25.1 omnilex-key=us-nj-statutes--title-18a--18A:62-25.1}

2. No public institution of higher education in this State shall impose a nonresident tuition rate or differential fee on a child or surviving spouse of a member of the New Jersey National Guard, if the child or surviving spouse meets the criteria set forth in section 22 of P.L.1999, c.46 (C.18A:62-25).

##### **§ 18A:62-26** Notice of availability of grants, scholarships. {#sec-18a-62-26 omnilex-key=us-nj-statutes--title-18a--18A:62-26}

23. The financial aid office of the public institution shall advise the member, or surviving spouse or child of a member, of any available State and federal student grants and scholarships for which the member, or surviving spouse or child of a member, may be eligible.

##### **§ 18A:62-27** Other fees payable. {#sec-18a-62-27 omnilex-key=us-nj-statutes--title-18a--18A:62-27}

24. Nothing in sections 20 through 25 of this act shall preclude a public institution of higher education from requiring the payment of other fees, subject to approval by the State Treasurer, for individuals attending courses pursuant to the provisions of sections 20 through 25 of this act.

##### **§ 18A:62-28** Rules, regulations. {#sec-18a-62-28 omnilex-key=us-nj-statutes--title-18a--18A:62-28}

25. The State Treasurer shall 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 sections 20 through 25 of this act.

##### **§ 18A:62-29** Short title. {#sec-18a-62-29 omnilex-key=us-nj-statutes--title-18a--18A:62-29}

1. This act shall be known and may be cited as the "Higher Education Incentive Funding Act."

##### **§ 18A:62-30** Findings, declarations relative to higher education finance. {#sec-18a-62-30 omnilex-key=us-nj-statutes--title-18a--18A:62-30}

2. The Legislature finds and declares that a mechanism is needed to provide incentives that will assist the State's public and independent colleges and universities in their fund raising efforts, and that a State commitment to provide matching funds for private donors' investment in higher education has the potential to generate additional external support for programs and activities that could have a significant impact on the individual campuses of the State's higher education institutions.

##### **§ 18A:62-31** Definitions relative to higher education finance. {#sec-18a-62-31 omnilex-key=us-nj-statutes--title-18a--18A:62-31}

3. As used in this act:

"Amount" of a contribution or a donation means, in the case of property other than cash, the fair market value of the property contributed or donated as of the close of business on the day on which the recipient of that contribution or donation acquires ownership of the property.

"Contribution year" means the fiscal year in which the endowment contribution or contributions were made, with respect to which State matching funds under sections 5 through 7 of P.L.1999, c.226 (C.18A:62-33 through C.18A:62-35) are sought or have been paid.

"Donation" means the conveyance by gift of property consisting of cash or marketable securities, the corpus of which property may, under the terms of the gift, be expended by the donee, and the income from which property may, but need not, be restricted under those terms as to use for particular purposes stipulated by the donor.

"Donation year" means the fiscal year in which the donation or donations were made, with respect to which State matching funds under sections 9 through 11 of P.L.1999, c.226 (C.18A:62-37 through C.18A:62-39) are sought or have been paid.

"Endowment contribution" means the conveyance by gift of property consisting of cash or marketable securities, the corpus of which property may not, under the terms of the gift, be expended by the person to whom the contribution is made, and the income from which property may, but need not, be restricted under those terms as to use for particular purposes stipulated by the contributor.

"Fiscal year" means the State fiscal year.

"Gift" means a completed irrevocable transfer of property, including transfer by testamentary disposition, for which transfer the transferor receives no consideration, and in which property the transferee's interest is not subject to any retained interest of the transferor or to any concurrent or future interest of any other person.

##### **§ 18A:62-32** "Higher Education Incentive Endowment Fund" {#sec-18a-62-32 omnilex-key=us-nj-statutes--title-18a--18A:62-32}

4. There is created in the Department of the Treasury a non-lapsing fund, the "Higher Education Incentive Endowment Fund" (the "endowment fund"), which, subject to the availability of funds, shall be used to provide State matching funds against endowment contributions to four-year public institutions of higher education, two-year public institutions of higher education, and independent institutions of higher education that receive direct State aid, or their institutionally related foundations, in accordance with the provisions of sections 5 through 7 of this act and subject to the provisions of subsections a. and b. of section 12 of the act.

##### **§ 18A:62-33** State matching funds for endowment contributions to four-year public institutions {#sec-18a-62-33 omnilex-key=us-nj-statutes--title-18a--18A:62-33}

5. With respect to a fiscal year in which at least one person, corporation or other business entity, or foundation shall have made an endowment contribution to a four-year public institution of higher education, or to a foundation institutionally related to such a public institution, in the amount of $1,000,000 or more, the recipient institution or foundation shall be eligible to receive State matching funds in subsequent fiscal years as follows:

a. In the fiscal year first following the contribution year, the institution or foundation may apply to the State Treasurer for State matching funds in an amount equal to 10% of the amount of each such contribution received in the contribution year. There shall be no limit on the number of such endowment contributions from single contributors in that contribution year in the amount of $1,000,000 or more each for which such application may be made. Any such application shall be made only with respect to the entire contribution year and may be submitted at any time after the close of that contribution year up until the application deadline established by the State Treasurer. Following the receipt of all applications, but not later than the 90th day following the application deadline, the State Treasurer shall determine the amount of State matching funds to which the applicant institution or foundation is entitled under this subsection and shall pay that amount from the endowment fund to the institution or foundation, including with that payment an explanation of the denial, if any, of any claim of entitlement to matching funds for which the institution or foundation had applied; and

b. In the second fiscal year following the contribution year and in each of the eight subsequent fiscal years following the second fiscal year, the institution or foundation shall be entitled to receive from the endowment fund, without application, State matching funds in an amount equal to the amount paid under subsection a. of this section.

##### **§ 18A:62-34** State matching funds for endowment contributions to two-year public institutions {#sec-18a-62-34 omnilex-key=us-nj-statutes--title-18a--18A:62-34}

6. a. With respect to a fiscal year in which at least one person, corporation or other business entity, or foundation shall have made an endowment contribution to a two-year public institution of higher education, or to a foundation institutionally related to such a public institution, in the amount of $100,000 or more, the recipient institution or foundation shall be eligible to receive State matching funds in subsequent fiscal years as follows:

(1) In the fiscal year first following the contribution year, the institution or foundation may apply to the State Treasurer for State matching funds in an amount equal to 10% of the amount of each such contribution received in the contribution year. There shall be no limit on the number of such endowment contributions from single contributors in that contribution year in the amount of $100,000 or more each for which such application may be made. Any such application shall be made only with respect to the entire contribution year and may be submitted at any time after the close of that contribution year up until the application deadline established by the State Treasurer. Following the receipt of all applications, but not later than the 90th day following the application deadline, the State Treasurer shall determine the amount of State matching funds to which the applicant institution or foundation is entitled under this paragraph and shall pay that amount from the endowment fund to the institution or foundation, including with that payment an explanation of the denial, if any, of any claim of entitlement to matching funds for which the institution or foundation had applied; and

(2) In the second fiscal year following the contribution year and in each of the eight subsequent fiscal years following the second fiscal year, the institution or foundation shall be entitled to receive from the endowment fund, without application, State matching funds in an amount equal to the amount paid under paragraph (1) of this subsection.

b. With respect to a fiscal year in which three or more persons, corporations or other business entities, or foundations each shall have made endowment contributions to a two-year public institution of higher education, or to a foundation institutionally related to such a public institution, in the amount of $50,000 or more but less than $100,000, and the cumulative amount in that fiscal year of those endowment contributions of $50,000 or more but less than $100,000 is at least $250,000, the recipient institution or foundation shall be eligible to receive State matching funds in subsequent fiscal years as follows:

(1) In the fiscal year first following the contribution year, the institution or foundation may apply to the State Treasurer for State matching funds in an amount equal to 10% of the highest exact multiple of $250,000 that is less than or equal to that cumulative amount of such contributions received in the contribution year. There shall be no limit on the number of such endowment contributions from single contributors in that contribution year in the amount of $50,000 but less than $100,000 each with respect to which such application may be made. Any such application shall be made only with respect to the entire contribution year and may be submitted at any time after the close of that contribution year up until the application deadline established by the State Treasurer. Following the receipt of all applications, but not later than the 90th day following the application deadline, the State Treasurer shall determine the amount of State matching funds to which the applicant institution or foundation is entitled under this paragraph and shall pay that amount from the endowment fund to the institution or foundation, including with that payment an explanation of the denial, if any, of any claim of entitlement to matching funds for which the institution or foundation had applied; and

(2) In the second fiscal year following the contribution year and in each of the eight subsequent fiscal years following the second fiscal year, the institution or foundation shall be entitled to receive from the endowment fund, without application, State matching funds in an amount equal to the amount paid under paragraph (1) of this subsection.

##### **§ 18A:62-35** State matching funds for endowment contributions to four-year independent institutions {#sec-18a-62-35 omnilex-key=us-nj-statutes--title-18a--18A:62-35}

7. With respect to a fiscal year in which at least one person, corporation or other business entity, or foundation makes an endowment contribution to a four-year independent institution of higher education that receives direct State aid, or to a foundation institutionally related to such an institution, in the amount of $1,000,000 or more, the recipient institution or foundation shall be eligible to apply for and to receive State matching funds in the amount of $100,000 with respect to each such contribution. There shall be no limit on the number of such endowment contributions from single contributors in a contribution year in the amount of $1,000,000 or more each for which such application may be made. Any such application shall be made only with respect to the entire contribution year and may be submitted at any time after the close of that contribution year up until the application deadline established by the State Treasurer. Following the receipt of all applications, but not later than the 90th day following the application deadline, the State Treasurer shall determine the amount of State matching funds to which the applicant institution or foundation is entitled under this section and shall pay that amount from the endowment fund to the institution or foundation, including with that payment an explanation of the denial, if any, of any claim of entitlement to matching funds for which the institution or foundation had applied. An institution or foundation that shall have received payment of State matching funds under this section with respect to a contribution year shall not thereafter receive additional State matching funds with respect to the same contribution year.

##### **§ 18A:62-36** "Higher Education Incentive Grant Fund" {#sec-18a-62-36 omnilex-key=us-nj-statutes--title-18a--18A:62-36}

8. There is created in the Department of the Treasury a non-lapsing fund, the "Higher Education Incentive Grant Fund" (the "grant fund"), which, subject to the availability of funds, shall be used to provide State matching funds against donations to four-year public institutions of higher education, two-year public institutions of higher education, and independent institutions of higher education that receive direct State aid, or their institutionally related foundations, in accordance with the provisions of sections 9 through 11 of this act and subject to the provisions of subsections a. and b. of section 12 of the act.

##### **§ 18A:62-37** State matching funds for donations to four-year public institutions {#sec-18a-62-37 omnilex-key=us-nj-statutes--title-18a--18A:62-37}

9. With respect to a fiscal year in which at least one person, corporation or other business entity, or foundation shall have made a donation to a four-year public institution of higher education, or to a foundation institutionally related to such a public institution, in the amount of $1,000,000 or more, the recipient institution or foundation shall be eligible to receive State matching funds under this section. In the fiscal year next following the donation year, the institution or foundation may apply to the State Treasurer for State matching funds in an amount equal to 10% of the amount of each such donation received in the donation year. There shall be no limit on the number of such donations from single donors in that donation year in the amount of $1,000,000 or more each for which such application may be made. Any such application shall be made only with respect to the entire donation year and may be submitted at any time after the close of that donation year up until the application deadline established by the State Treasurer. Following the receipt of all applications, but not later than the 90th day following the application deadline, the State Treasurer shall determine the amount of State matching funds to which the applicant institution or foundation is entitled under this subsection and shall pay that amount from the grant fund to the institution or foundation, including with that payment an explanation of the denial, if any, of any claim of entitlement to matching funds for which the institution or foundation had applied. An institution or foundation that shall have received payment of State matching funds under this section with respect to a donation year shall not thereafter receive additional State matching funds with respect to the same donation year.

##### **§ 18A:62-38** State matching funds for donations to two-year public institutions {#sec-18a-62-38 omnilex-key=us-nj-statutes--title-18a--18A:62-38}

10. a. With respect to a fiscal year in which at least one person, corporation or other business entity, or foundation shall have made a donation to a two-year public institution of higher education, or to a foundation institutionally related to such a public institution, in the amount of $100,000 or more, the recipient institution or foundation shall be eligible to receive State matching funds under this subsection. In the fiscal year next following the donation year, the institution or foundation may apply to the State Treasurer for State matching funds in an amount equal to 10% of the amount of each such donation received in the donation year. There shall be no limit on the number of such donations from single donors in that donation year in the amount of $100,000 or more each for which such application may be made. Any such application shall be made only with respect to the entire donation year and may be submitted at any time after the close of that donation year up until the application deadline established by the State Treasurer. Following the receipt of all applications, but not later than the 90th day following the application deadline, the State Treasurer shall determine the amount of State matching funds to which the applicant institution or foundation is entitled under this subsection and shall pay that amount from the grant fund to the institution or foundation, including with that payment an explanation of the denial, if any, of any claim of entitlement to matching funds for which the institution or foundation had applied. An institution or foundation that shall have received payment of State matching funds under this subsection with respect to a donation year shall not thereafter receive additional State matching funds with respect to the same donation year.

b. With respect to every fiscal year in which three or more persons, corporations or other business entities, or foundations each shall have made donations to a two-year public institution of higher education, or to a foundation institutionally related to such a public institution, in the amount of $50,000 or more but less than $100,000, and the cumulative amount in that fiscal year of those donations of $50,000 or more but less than $100,000 is at least $250,000, the recipient institution or foundation shall be eligible to receive State matching funds under this subsection. In the fiscal year next following the donation year, the institution or foundation may apply to the State Treasurer for State matching funds in an amount equal to 10% of the highest exact multiple of $250,000 that is less than or equal to that cumulative amount of such donations received in the donation year. There shall be no limit on the number of such donations from single donors in that donation year in the amount of $50,000 but less than $100,000 each with respect to which such application may be made. Any such application shall be made only with respect to the entire donation year and may be submitted at any time after the close of that donation year up until the application deadline established by the State Treasurer. Following the receipt of all applications, but not later than the 90th day following the application deadline, the State Treasurer shall determine the amount of State matching funds to which the applicant institution or foundation is entitled under this subsection and shall pay that amount from the grant fund to the institution or foundation, including with that payment an explanation of the denial, if any, of any claim of entitlement to matching funds for which the institution or foundation had applied. An institution or foundation that shall have received payment of State matching funds under this subsection with respect to a donation year shall not thereafter receive additional State matching funds with respect to the same donation year.

##### **§ 18A:62-39** State matching funds for donations to four-year independent institutions {#sec-18a-62-39 omnilex-key=us-nj-statutes--title-18a--18A:62-39}

11. With respect to a fiscal year in which at least one person, corporation or other business entity, or foundation makes a donation to a four-year independent institution of higher education that receives direct State aid, or to a foundation institutionally related to such an institution, in the amount of $1,000,000 or more, the recipient institution or foundation shall be eligible to apply for and to receive State matching funds in the amount of $100,000 with respect to each such donation. There shall be no limit on the number of such donations from single donors in that donation year in the amount of $1,000,000 or more for which such application may be made. Any such application shall be made only with respect to the entire donation year and may be submitted at any time after the close of that donation year up until the application deadline established by the State Treasurer. Following the receipt of all applications, but not later than the 90th day following the application deadline, the State Treasurer shall determine the amount of State matching funds to which the applicant institution or foundation is entitled under this section and shall pay that amount from the grant fund to the institution or foundation, including with that payment an explanation of the denial, if any, of any claim of entitlement to matching funds for which the institution or foundation had applied. An institution or foundation that shall have received payment of State matching funds under this section with respect to a donation year shall not thereafter receive additional State matching funds with respect to the same donation year.

##### **§ 18A:62-40** Ineligibility for receipt of State matching funds; use of matching funds {#sec-18a-62-40 omnilex-key=us-nj-statutes--title-18a--18A:62-40}

12. a. No institution of higher education having a total endowment of more than $1,000,000,000, and no foundation institutionally related to such an institution, shall be eligible to receive State matching funds under this act.

b. No endowment contribution or donation to an institution of higher education from a foundation institutionally related to that institution shall be eligible to be matched with State funds under the provisions of this act.

c. The matching funds provided to an institution of higher education or to a foundation institutionally related to such an institution pursuant to sections 4 through 11 of this act shall be used by the institution or foundation exclusively for academic purposes and shall not be used to fund any activity, program or project unrelated or only incidentally related to those purposes, such as the award of athletic scholarships, except that the matching funds may be used for the payment of the cost of building construction, in accordance with the terms as to use for particular purposes stipulated by the donor of the endowment contribution or donation. The matching funds provided shall not be used for the purpose of sectarian instruction, the construction or maintenance of sectarian facilities, or for any other sectarian purpose or activity. These restrictions shall not apply to the use by the institution or foundation of any of the endowment contributions and donations with respect to which those matching funds were paid.

##### **§ 18A:62-41** Documents included with application for State matching funds; information required {#sec-18a-62-41 omnilex-key=us-nj-statutes--title-18a--18A:62-41}

13. In order for an institution or foundation to receive in a fiscal year State matching funds pursuant to an application therefor under the provisions of this act, the governing body of the institution or foundation shall provide the State Treasurer with a copy of the institution's annual independent financial audit, the institution's education foundation audit, or other financial certification, as deemed appropriate by the Treasurer, that verifies that the institution has raised the necessary amount through endowment contributions or donations to qualify for the State matching funds. An institution or foundation receiving State matching funds shall also provide in each fiscal year the annual average amount of endowment contributions and donations received in the contribution year and the donation year and in the five previous contribution and donation years.

##### **§ 18A:62-42** Funds administered separately {#sec-18a-62-42 omnilex-key=us-nj-statutes--title-18a--18A:62-42}

14. a. The endowment fund and the grant fund shall be administered separately by the State Treasurer. Each fund shall consist of moneys appropriated or otherwise made available to it by the Legislature and any interest received on the investment of moneys in that fund.

b. If, in any fiscal year, the fund balance in either the endowment fund or the grant fund is insufficient to fund payment in full of the State matching funds authorized to be paid under the provisions of this act, the amount of available funds shall be prorated among all eligible applicants.

##### **§ 18A:62-43** Rules, regulations. {#sec-18a-62-43 omnilex-key=us-nj-statutes--title-18a--18A:62-43}

15. The State Treasurer shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to carry out the provisions of this act.

##### **§ 18A:62-44** Reasonable substitution of certain courses for certain disabled college students. {#sec-18a-62-44 omnilex-key=us-nj-statutes--title-18a--18A:62-44}

1. a. Any student attending a public institution of higher education in the State or an independent institution of higher education which receives direct State aid or a degree-granting post secondary institution whose students are eligible for State tuition grants and scholarships, who is hearing impaired, visually impaired, or learning disabled shall be eligible for reasonable substitution of specific courses required for the completion of degree requirements, provided that:

(1) Documentation is provided that the student's request for substitution of a specific course is related to the disability;

(2) The substitution of a specific course does not constitute a fundamental alteration in the nature of the degree requirements and the specific course is not required for professional certification; and

(3) The specific courses are not offered by a public or independent institution of higher education as requirements for a health professions degree.

b. The Commission on Higher Education may promulgate rules and regulations necessary to carry out the provisions of this act, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), provided that the rules and regulations are not inconsistent with federal rules and regulations.

##### **§ 18A:62-45** Provision of organ donation information at institutions of higher education. {#sec-18a-62-45 omnilex-key=us-nj-statutes--title-18a--18A:62-45}

1. a. Beginning with the 2009-2010 school year, each public institution of higher education in the State shall provide information to its students, either through student health services or as part of the curriculum, that emphasizes the benefits to the health and well-being of society and the lives that are saved through organ donations, and that instills knowledge that will enable young adults to make an informed decision about registering to become an organ donor or designating a decision-maker to make the decision on behalf of the young adult. The information shall also instill an understanding of the outcome if no decision about becoming an organ donor or designating a decision-maker is registered or otherwise recorded. The information provided shall be prepared in collaboration with the organ procurement organizations designated pursuant to 42 U.S.C.s.1320b-8 to serve in the State of New Jersey.

b. Beginning with the 2009-2010 school year, each independent institution of higher education in the State is encouraged to provide information to its students, either through student health services or as part of the curriculum, that emphasizes the benefits to the health and well-being of society and the lives that are saved through organ donations, and that instills knowledge that will enable young adults to make an informed decision about registering to become an organ donor or designating a decision-maker to make the decision on behalf of the young adult. The information shall also instill an understanding of the outcome if no decision about becoming an organ donor or designating a decision-maker is registered or otherwise recorded. The information provided shall be prepared in collaboration with the organ procurement organizations designated pursuant to 42 U.S.C.s.1320b-8 to serve in the State of New Jersey.

##### **§ 18A:62-46** Transfer of academic credits from county colleges. {#sec-18a-62-46 omnilex-key=us-nj-statutes--title-18a--18A:62-46}

1. Each public institution of higher education, in consultation with the New Jersey Commission on Higher Education and the New Jersey Presidents' Council, shall establish and enter into a collective Statewide transfer agreement that provides for the seamless transfer of academic credits to a baccalaureate degree program from a completed associate of arts degree program, a completed associate of science degree program, or a completed associate in applied science in technical studies degree program which has credits transferred by the NJ PLACE program from apprenticeship programs. The transfer agreement shall include:

a. a listing of the general education core courses as stipulated by the Presidents' Council;

b. policies and procedures for the seamless transfer and application of academic credits to a baccalaureate degree program from a completed associate degree program, including a guarantee that an associate of arts degree, associate of science degree, or associate in applied science in technical studies degree which has credits transferred by the NJ PLACE program from apprenticeship programs, awarded by a county college established pursuant to chapter 64A of Title 18A of the New Jersey Statutes shall be fully transferable and credited as the first two years of a baccalaureate degree program at the four-year public institution of higher education in the State to which a student is admitted;

c. policies and procedures for the implementation of an appeals process for students and institutions to resolve disputes regarding the transfer of academic credits;

d. policies and procedures for the annual review and update of the agreement; and

e. policies and procedures for the collection of data by the commission to ensure that all participating institutions of higher education are in compliance with the provisions of this act and to ensure that the agreement is fostering both a seamless transfer process and the academic success of transfer students at the senior institutions. The commission shall annually determine the data to be collected and shall notify each participating institution in a timely manner.

The policies and procedures set forth in the transfer agreement shall be fully operational by September 1, 2008, except that, with respect to associate in applied science in technical studies degree programs which have credits transferred by the NJ PLACE program from apprenticeship programs, the transfer agreement shall be fully operational by September 1, 2011.

##### **§ 18A:62-46.1** Collective Statewide reverse transfer agreement. {#sec-18a-62-46.1 omnilex-key=us-nj-statutes--title-18a--18A:62-46.1}

1. a. Each institution of higher education, in consultation with the Secretary of Higher Education and the New Jersey Presidents' Council, shall establish and enter into a collective Statewide reverse transfer agreement. Under the agreement, a student enrolled in a four-year institution of higher education who has a cumulative total of 66 credits earned between a county college and the four-year institution may be awarded an associate degree by the county college. The reverse transfer agreement shall address the following:

(1) the effective communication between the county college and the four-year institution on student transcripts and course equivalencies;

(2) the process by which a student is notified of potential eligibility, and by which the four-year institution obtains the consent of the student for release of his transcript to the county college;

(3) procedures for advising students on the courses that a student needs to complete to attain an associate degree;

(4) policies and procedures for the annual review and update of the agreement; and

(5) policies and procedures for the collection of data by the secretary to ensure that all institutions are in compliance with this section. The secretary shall annually determine the data to be collected and shall notify each institution in a timely manner.

b. The policies and procedures set forth in the collective Statewide reverse transfer agreement shall be fully operational by September 1, 2018.

c. (1) The annual report prepared by the Secretary of Higher Education pursuant to section 4 of P.L.2007, c.175 (C.18A:62-49) shall include an analysis of each institution's compliance with the provisions of this section.

(2) In the first annual report issued after the effective date of this act, the secretary shall identify the institutions that have entered into a reverse transfer agreement prior to that effective date, and the institutions that enter into an agreement on or after that effective date.

##### **§ 18A:62-47** Adoption of policies, procedures regarding certain transfers. {#sec-18a-62-47 omnilex-key=us-nj-statutes--title-18a--18A:62-47}

2. On or before January 1, 2008, each public institution of higher education shall, in consultation with the Commission on Higher Education and the Presidents' Council, develop and adopt as part of the collective Statewide transfer agreement established pursuant to section 1 of this act policies and procedures for the transfer of credits earned by a student who has not completed his associate degree program prior to transferring into a baccalaureate degree program, except that, with respect to associate in applied science in technical studies degree programs which have credits transferred by the NJ PLACE program from apprenticeship programs, those policies and procedures shall be developed and adopted on or before January 1, 2011.

##### **§ 18A:62-48** Independent institutions may enter into agreement. {#sec-18a-62-48 omnilex-key=us-nj-statutes--title-18a--18A:62-48}

3. An independent institution of higher education in the State may elect to enter into the agreement.

##### **§ 18A:62-49** Annual report to Governor, Legislature. {#sec-18a-62-49 omnilex-key=us-nj-statutes--title-18a--18A:62-49}

4. The Commission on Higher Education shall prepare an annual report containing a compilation of the data collected pursuant to subsection e. of section 1 of this act, an analysis of the effect of the agreement on the transfer process and on the academic success of transfer students at the senior institutions, and an analysis of each participating institution's compliance with the provisions of this act. The commission shall submit the report to the Legislature and the Governor by November 15th of each year.

##### **§ 18A:62-50** Cooperation considered relative to annual appropriation. {#sec-18a-62-50 omnilex-key=us-nj-statutes--title-18a--18A:62-50}

5. The cooperation of each public institution of higher education in abiding by the terms of the agreement shall be reviewed and considered by the Governor and the Legislature when making the annual appropriation for the institution.

##### **§ 18A:62-51** Construction of act as to standards and procedures for admission. {#sec-18a-62-51 omnilex-key=us-nj-statutes--title-18a--18A:62-51}

6. Nothing in this act shall be construed to require any public or independent institution of higher education to admit a student or to waive its admission standards and application procedures.

##### **§ 18A:62-52** Website to provide information on educational benefits for veterans. {#sec-18a-62-52 omnilex-key=us-nj-statutes--title-18a--18A:62-52}

1. A public institution of higher education shall provide a link on its website to access information on federal and State educational benefits available to veterans. The link shall be placed in a prominent location on the website and its content shall be in accordance with guidelines of the New Jersey Secretary of Higher Education.

##### **§ 18A:62-53** Definitions relative to certain credit card solicitations. {#sec-18a-62-53 omnilex-key=us-nj-statutes--title-18a--18A:62-53}

1. As used in this act:

"Credit" means the right to defer payment of debt or to incur debt and defer its payment.

"Credit card" means any card, plate, coupon book, or other single credit device that may be used from time to time to obtain credit.

"Direct merchandising" means the promotion to sell or offer any goods, wares, services or merchandise to any person by means of interpersonal contact or through the use of displays.

"Public institution of higher education" means Rutgers, The State University, the State colleges or universities established pursuant to chapter 64 of Title 18A of the New Jersey Statutes, the New Jersey Institute of Technology, the University of Medicine and Dentistry of New Jersey, the county colleges and any other public university or college now or hereafter established or authorized by State law.

"Student" means a person who is a matriculated student at a public institution of higher education in this State whose billing address is in this State.

##### **§ 18A:62-54** Direct merchandizing of credit cards to students, certain circumstances; prohibited. {#sec-18a-62-54 omnilex-key=us-nj-statutes--title-18a--18A:62-54}

2. A public institution of higher education is not authorized to enter into any agreement, or to permit any of its agents or student organizations to enter into any agreement, for the direct merchandising of credit cards to any students.

##### **§ 18A:62-55** Collection of certain demographic information. {#sec-18a-62-55 omnilex-key=us-nj-statutes--title-18a--18A:62-55}

1. a. A public institution of higher education shall allow a student or a faculty or other staff member to identify his sexual orientation and gender identity on any form used by the institution to collect demographic information on gender, race, or ethnicity.

b. The provisions of subsection a. of this section shall apply to all forms that are created or updated by the institution on or after the effective date of this section; except that an institution shall not be required to update any existing forms solely for the purpose of complying with subsection a. of this section.

L.2017, c.268, s.1.

18A:62-56 Number of credits required for baccalaureate degree; exceptions.

1. a. Notwithstanding the provisions of any section of law to the contrary and except as otherwise provided pursuant to subsection b. of this section, beginning with students who initially enroll in a baccalaureate degree program in the fall semester of 2019, the standard number of credits required for the award of a baccalaureate degree from a four-year public institution of higher education is 120 credit hours.

b. The standard number of credit hours established pursuant to subsection a. of this section shall not apply if:

(1) the degree program is defined as a five-year degree program;

(2) professional accreditation requires a greater number of credit hours or requires course work that cannot be completed in 120 credits; or

(3) certification requirements result in a need for credit hours in excess of 120.

c. (1) The Secretary of Higher Education shall establish standards for the purposes of complying with the credit hour limit established by this section for institutions of higher education that use nontraditional course credit systems.

(2) Within 180 days of the effective date of this act, a four-year public institution of higher education that uses a nontraditional course credit system shall submit a written request to the secretary for permission to comply with the credit hour limit in accordance with the standards established by the secretary pursuant to paragraph (1) of this subsection. The request shall provide information on why the institution is not able to comply with the requirements of subsection a. of this section and shall include such other information as the secretary deems necessary. Within 60 days of the submission of the request, the secretary shall advise the institution on whether it may meet the credit hour limit in accordance with the standards established by the secretary.

##### **§ 18A:62-57** Associate degree, number of credits required; exceptions. {#sec-18a-62-57 omnilex-key=us-nj-statutes--title-18a--18A:62-57}

2. a. Notwithstanding the provisions of any section of law to the contrary and except as otherwise provided pursuant to subsection b. of this section, beginning with students who initially enroll in an associate degree program in the fall semester of 2019, the standard number of credit hours required for the award of an associate degree from a county college is 60 credit hours.

b. The standard number of credit hours established pursuant to subsection a. of this section shall not apply if:

(1) the degree program is defined as more than a two-year degree program;

(2) professional accreditation requires a greater number of credit hours or requires course work that cannot be completed in 60 credits; or

(3) certification requirements result in a need for credit hours in excess of 60.

c. (1) The Secretary of Higher Education shall establish standards for the purposes of complying with the credit hour limit established by this section for institutions of higher that use nontraditional course credit systems.

(2) Within 180 days of the effective date of this act, a county college that uses a nontraditional course credit system shall submit a written request to the secretary for permission to comply with the credit hour limit in accordance with the standards established by the secretary pursuant to paragraph (1) of this subsection. The request shall provide information on why the county college is not able to comply with the requirements of subsection a. of this section and shall include such other information as the secretary deems necessary. Within 60 days of the submission of the request, the secretary shall advise the county college on whether it may meet the credit hour limit in accordance with the standards established by the secretary.

##### **§ 18A:62-58** Approval of additional exceptions. {#sec-18a-62-58 omnilex-key=us-nj-statutes--title-18a--18A:62-58}

3. The governing board of a public institution of higher education, in consultation with the Secretary of Higher Education, may approve exceptions to the credit hour requirements in addition to those established pursuant to subsection b. of sections 1 and 2 of this act.

##### **§ 18A:62-59** Report. {#sec-18a-62-59 omnilex-key=us-nj-statutes--title-18a--18A:62-59}

4. Within 60 days of the effective date of this act and annually thereafter, the secretary shall submit a report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the number of four-year public institutions of higher education and county colleges that are in compliance with the provisions of this act.

##### **§ 18A:62-60** Short title. {#sec-18a-62-60 omnilex-key=us-nj-statutes--title-18a--18A:62-60}

1. This act shall be known and may be cited as the "Hunger-Free Campus Act."

##### **§ 18A:62-61** Hunger-Free Campus Grant Program. {#sec-18a-62-61 omnilex-key=us-nj-statutes--title-18a--18A:62-61}

2. The Secretary of Higher Education shall establish a Hunger-Free Campus Grant Program. The purpose of the program shall be to provide grants to public institutions of higher education that have one or more campuses that are designated by the secretary as hunger-free campuses. The purpose of the grant funding shall be to:

a. address student hunger;

b. leverage more sustainable solutions to address basic food needs on campus;

c. raise awareness of services currently offered on campus which address basic food needs; and

d. continue to build strategic partnerships at the local, State, and national levels to address food insecurity among students.

##### **§ 18A:62-62** Conditions for designation. {#sec-18a-62-62 omnilex-key=us-nj-statutes--title-18a--18A:62-62}

3. In order to be designated as a hunger-free campus, the institution shall:

a. establish a Campus Hunger Task Force that meets a minimum of three times per academic year to set at least two goals with action plans;

b. designate a staff member responsible for assisting students with enrollment in the New Jersey Supplemental Nutrition Assistance Program (SNAP);

c. provide options for students to utilize SNAP benefits at campus stores that meet the federal standards set by the Food and Nutrition Service in the United States Department of Agriculture;

d. participate in an awareness day campaign activity and plan a campus awareness event during the National Hunger and Homelessness Awareness Week;

e. provide at least one physical food pantry on campus, or enable students to receive food through a separate, stigma-free arrangement;

f. develop a "Swipe Out Hunger" student meal credit sharing program, or designate a certain amount of funds for free meal vouchers that might otherwise be raised through a "Swipe Out Hunger" program; and

g. annually conduct a student survey on hunger, developed by the Secretary of Higher Education, and submit the results of the survey and a best practices campus profile to the secretary at a time prescribed by the secretary for inclusion in a comparative profile of each campus designated as a hunger-free campus. In the development of the survey, the secretary may utilize any existing surveys designed to collect information on food insecurity among students enrolled in public institutions of higher education.

##### **§ 18A:62-63** Allocation of grant funding. {#sec-18a-62-63 omnilex-key=us-nj-statutes--title-18a--18A:62-63}

4. The secretary shall allocate grant funding to each public institution of higher education that has one or more campuses designated by the secretary as a hunger-free campus in accordance with the criteria established pursuant to section 3 of this act. The secretary shall determine the amount of each grant which shall be used by the institution to further address food insecurity among students enrolled in the institution.

##### **§ 18A:62-63.1** Food waste reduction program at public institutions of higher education. {#sec-18a-62-63.1 omnilex-key=us-nj-statutes--title-18a--18A:62-63.1}

1. a. Each public institution of higher education shall develop and implement a food waste reduction program on each campus of the institution. It shall be the purpose of the program to redirect unused, excess food prepared or distributed at campus dining halls, facilities, and events to local food security programs, including soup kitchens, food pantries, shelters, and community nonprofits. The program shall ensure that all necessary and applicable food safety standards are met throughout the selection, packaging, and transfer of food through the program.

b. Each public institution of higher education shall submit an annual report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on its contributions to local food security programs and post the report on its website.

##### **§ 18A:62-64** Award of college credit for course at county fire academy. {#sec-18a-62-64 omnilex-key=us-nj-statutes--title-18a--18A:62-64}

1. a. Any person who successfully completes a course at a county fire academy shall receive college credit for the course at a four-year public institution of higher education that offers a fire science degree program if: (1) the institution determines after a review of the curriculum of the course offered by the county fire academy that the curriculum is similar to the curriculum of a course offered in its fire science program; and (2) upon completion of the course, the person successfully completes an examination approved by the institution. The institution shall waive any credit-by-exam fee that it may charge.

b. The county fire academies shall work jointly with four-year public institutions of higher education that offer a fire science degree program to identify courses at the county fire academies which offer a curriculum similar to that of courses included in the fire science programs of those institutions.

##### **§ 18A:62-65** Definitions relative to institutional financial aid. {#sec-18a-62-65 omnilex-key=us-nj-statutes--title-18a--18A:62-65}

1. As used in this act:

"Financial need" means cost of attendance as defined pursuant to 20 U.S.C. s.1087ll.

"Institutional financial aid" means need-based and merit-based grants, scholarships, tuition waivers, and all other forms of financial assistance provided by a public institution of higher education that are not loans or work-study programs.

"Private scholarships" means scholarships awarded by businesses, private foundations, nonprofit organizations, and service groups. Private scholarships shall not include awards funded by a private organization which is affiliated with a public institution of higher education and requests the institution's assistance in selecting the recipients of scholarships.

##### **§ 18A:62-66** Reduction of student's institutional financial aid; reasons. {#sec-18a-62-66 omnilex-key=us-nj-statutes--title-18a--18A:62-66}

2. a. A public institution of higher education may reduce a student's institutional financial aid as a result of the awarding of private scholarships to the student only under the circumstances enumerated in subsections b. and c. of this section.

b. If a student's total financial aid from all sources exceeds the student's financial need, a public institution of higher education may reduce the student's institutional financial aid until the student's total financial aid no longer exceeds the student's financial need.

c. In addition to the reduction authorized pursuant to subsection b. of this section, a public institution of higher education may reduce a student's institutional financial aid if the institution receives approval from the organization that awarded the private scholarship that caused the reduction authorized pursuant to subsection b. of this section.

d. A public institution of higher education may reduce a student athlete's institutional financial aid in order to comply with the individual or team financial aid restrictions of any athletic association, conference, or other group or organization with authority over intercollegiate athletics including, but not limited to, the National Collegiate Athletic Association.

##### **§ 18A:62-67** Definitions relative to student's right to freedom of speech and press. {#sec-18a-62-67 omnilex-key=us-nj-statutes--title-18a--18A:62-67}

3. a. As used in this section:

"School-sponsored media" means any material that is prepared, substantially written, published, or broadcast by a student journalist at a public institution of higher education, distributed or generally made available to members of the student body, and prepared under the direction of a student media adviser. School-sponsored media does not include media intended for distribution or transmission solely in the classroom in which the media is produced.

"Student journalist" means a student at a public institution of higher education who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school-sponsored media.

"Student media adviser" means an individual employed, appointed, or designated by a public institution of higher education to supervise or provide instruction relating to school-sponsored media.

b. Except as otherwise provided in subsection c. of this section, a student journalist has the right to exercise freedom of speech and of the press in school-sponsored media, regardless of whether the media is supported financially by the public institution of higher education or by use of institution facilities, or produced in conjunction with a course in which the student is enrolled. Subject to subsection c. of this section, a student journalist is responsible for determining the news, opinion, feature, and advertising content of school-sponsored media. This subsection shall not be construed to prevent a student media adviser from teaching professional standards of English and journalism to student journalists.

c. This section does not authorize or protect expression by a student that:

(1) is libelous or slanderous;

(2) constitutes an unwarranted invasion of privacy;

(3) is profane or obscene;

(4) violates federal or State law; or

(5) so incites students as to create a clear and present danger of the commission of an unlawful act, the violation of policies of the public institution of higher education, or the material and substantial disruption of the orderly operation of the institution.

d. An employee of a public institution of higher education shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a student engaged in the conduct authorized under this section, or refusing to infringe upon conduct that is protected by this section, the First Amendment to the United States Constitution, or paragraph 6 of Article I of the New Jersey Constitution.

##### **§ 18A:62-68** Public institution, higher education, governing board, permit, use, building, facility, visitorial power, New Jersey Educational Facilities Authority. {#sec-18a-62-68 omnilex-key=us-nj-statutes--title-18a--18A:62-68}

2. a. As used in this section, "authority" means the New Jersey Educational Facilities Authority established pursuant to N.J.S.18A:72A-4.

b. The governing board of a public institution of higher education may permit the use of any part of a building or facility of the institution, or of its subsidiaries or affiliates, in whole or in part, by one or more other public institutions of higher education in a manner that the education of students in the various institutions of higher education may be conducted cooperatively and made more widely and efficiently available to the people of the State.

Notwithstanding the provisions of this subsection, if the building or facility of the institution is owned by the authority, the governing board of the institution shall obtain the authority's prior written consent to such use as permitted by this subsection.

c. The care, custody, and control of any building or facility used jointly by two or more public institutions of higher education pursuant to subsection b. of this section shall remain vested in the governing board of the institution which permits the use of the building or facility.

d. The care, custody, and control of a building or facility owned by a public institution of higher education and used wholly by a second public institution of higher education shall be exercised by the second institution of higher education, subject to the visitorial power of the first institution.

e. The care, custody, and control of a building or facility of a public institution of higher education owned by the authority and used wholly by a second public institution of higher education shall be exercised by the second institution of higher education, subject to the visitorial power of the first institution and the authority.

## **Chapter 63** {#struct-chapter-63}

##### **§ 18A:63-1** Establishment of summer school and extension courses; curricula {#sec-18a-63-1 omnilex-key=us-nj-statutes--title-18a--18A:63-1}

Summer schools and extension courses for the purpose of training and educating persons, in the science of education and in the art of teaching elementary agriculture, manual training, household economics and such other subjects as may be prescribed, shall be established and maintained in the State colleges.

##### **§ 18A:63-2** Tuition and incidental fees {#sec-18a-63-2 omnilex-key=us-nj-statutes--title-18a--18A:63-2}

The State colleges and State summer schools may charge tuition and incidental fees in extension courses and summer school courses.

## **Chapter 64** {#struct-chapter-64}

##### **§ 18A:64-1** Decentralization of authority {#sec-18a-64-1 omnilex-key=us-nj-statutes--title-18a--18A:64-1}

The Legislature hereby finds that it is in the best interest of the State that the State colleges shall be and continue to be given a high degree of self-government and that the government and conduct of the colleges shall be free of partisanship. The Legislature finds further that a decentralization of authority and decision-making to the boards of trustees and administrators of the State colleges will enhance the idea of self-government. Such colleges shall be maintained for the purpose of providing higher education in the liberal arts and sciences and various professional areas, including the science of education and the art of teaching, at such places as may be provided by law. The names of the colleges shall be designated by the board of trustees subject to regulations of the Commission on Higher Education concerning university status. The name of each of the existing State colleges shall continue the same unless a new name is so designated.

##### **§ 18A:64-2** Control and management {#sec-18a-64-2 omnilex-key=us-nj-statutes--title-18a--18A:64-2}

The government, control, conduct, management and administration of each of the colleges shall be vested in the board of trustees of the college.

##### **§ 18A:64-3** Board of trustees. {#sec-18a-64-3 omnilex-key=us-nj-statutes--title-18a--18A:64-3}

The composition and size of the board of trustees shall be determined by the board; however, each board shall have not less than seven nor more than 15 members. The members shall be appointed by the Governor with the advice and consent of the Senate. Each board of trustees shall recommend potential new members to the Governor. The terms of office of appointed members shall be for six years beginning on July 1 and ending on June 30. Each member shall serve until his successor shall have been appointed and qualified and vacancies shall be filled in the same manner as the original appointments for the remainders of the unexpired terms. Any member of a board of trustees may be removed by the Governor for cause upon notice and opportunity to be heard.

##### **§ 18A:64-3.1** Student representatives {#sec-18a-64-3.1 omnilex-key=us-nj-statutes--title-18a--18A:64-3.1}

1. The board of trustees of any State college established pursuant to chapter 64 of Title 18A of the New Jersey Statutes shall provide for the election of two student representatives as provided herein, who shall be full-time, regularly matriculated students in good academic standing, and who shall be 18 years of age or older and citizens of the United States, to be elected by the students in the manner provided herein to serve on the board of trustees of that college for terms of two years commencing at the next organization of the board.

a. In order to implement the provisions of this section, each board of trustees shall schedule a public hearing on the question of the student election. After the public hearing, the board, at its regularly scheduled meeting in March following the effective date of this act, shall determine whether the students are to be elected by the student body at large or by the members of the student government association. Except that, for Thomas A. Edison State College, the method of the selection and the designation of eligible academic status of the student representatives shall be determined by the board of that college.

b. For the first election held pursuant to this section, one student shall be elected for a one year term as a full voting member, and one student shall be elected for two years, but shall serve as an alternate member during the first year and as a voting member during the second year.

At each subsequent election, one student shall be elected for two years, but shall serve during the first year as an alternate member, and as a voting member during the second year.

Any vacancies which occur shall be filled by the student governing body for the unexpired term only.

c. The standards for eligibility for student representatives on the board of trustees shall be the same as those required for other student government officers.

d. The student members shall be entitled to full participation in all activities of the board except that they shall not participate in:

(1) Any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of, promotion or disciplining of any specific prospective officer or employee or current officer or employee employed or appointed by the board, unless all the individual employees or appointees whose rights could be adversely affected request in writing that the matter or matters be discussed at a public meeting.

(2) Any matter involving the purchase, lease, acquisition or sale of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of these matters were disclosed.

(3) Any pending or anticipated litigation in which the board is, or may become, a party, where it could adversely affect the public interest if discussion of these matters were disclosed, or any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer.

e. Upon assuming office, the students shall agree to adhere to such standards of responsibility and confidentiality as are established by the board of trustees.

##### **§ 18A:64-4** Meeting and organization {#sec-18a-64-4 omnilex-key=us-nj-statutes--title-18a--18A:64-4}

Each such board shall meet and organize annually at a regular meeting held during the second week of September, by the election of a chairman, vice chairman and such other officers as the board shall determine. Such officers shall serve until the following September meeting and until their successors are elected and qualified. Vacancies in such offices shall be filled in the same manner for the unexpired term only.

The board may meet at such other times and at such places as it may designate.

##### **§ 18A:64-5** Expenses; no compensation {#sec-18a-64-5 omnilex-key=us-nj-statutes--title-18a--18A:64-5}

Members of each such board shall serve without compensation but shall be entitled to be reimbursed for all reasonable and necessary expenses.

##### **§ 18A:64-6** Powers, duties of boards. {#sec-18a-64-6 omnilex-key=us-nj-statutes--title-18a--18A:64-6}

The board of trustees of a State college shall have general supervision over and shall be vested with the conduct of the college. It shall have the power and duty to:

a. Adopt and use a corporate seal;

b. Determine the educational curriculum and program of the college consistent with the programmatic mission of the institution or approved by the Commission on Higher Education;

c. Determine policies for the organization, administration, and development of the college;

d. Study the educational and financial needs of the college; annually acquaint the Governor and Legislature with the condition of the college; and prepare and present the annual budget to the Governor, the Division of Budget and Accounting in the Department of the Treasury, and the Legislature in accordance with law;

e. Disburse all moneys appropriated to the college by the Legislature and all moneys received from tuition, fees, auxiliary services, and other sources;

f. Direct and control expenditures and transfers of funds appropriated to the college and tuition received by the college, in accordance with the provisions of the State budget and appropriation acts of the Legislature, reporting changes and additions thereto and transfers thereof to the Director of the Division of Budget and Accounting in the State Department of the Treasury and as to funds received from other sources, and direct and control expenditures and transfers in accordance with the terms of any applicable trusts, gifts, bequests, or other special provisions. All accounts of the college shall be subject to audit by the State at any time;

g. In accordance with the provisions of the State budget and appropriation acts of the Legislature, appoint and fix the compensation of a president of the college, who shall be the executive officer of the college and an ex officio member of the board of trustees, without vote, and shall serve at the pleasure of the board of trustees;

h. Notwithstanding the provisions of Title 11, Civil Service, of the Revised Statutes, upon nomination by the president, appoint a treasurer and such deans and other professional members of the academic, administrative, and teaching staffs as defined in section 13 of P.L.1986, c.42 (C.18A:64-21.2) as shall be required and fix their compensation and terms of employment in accordance with salary ranges and policies which shall prescribe qualifications for various classifications and shall limit the percentage of the educational staff that may be in any given classification;

i. Upon nomination by the president, appoint, remove, promote, and transfer such other officers, agents, or employees as may be required for carrying out the purposes of the college and assign their duties, determine their salaries, and prescribe qualifications for all positions, all in accordance with the provisions of Title 11, Civil Service, of the Revised Statutes;

j. Grant diplomas, certificates, and degrees;

k. Pursuant to the provisions of the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.), enter into contracts and agreements for the purchase of lands, buildings, equipment, materials, supplies, and services and enter into contracts and agreements with the State or any of its political subdivisions or with the United States, or with any public body, department, or other agency of the State or the United States or with any individual, firm, or corporation, which are deemed necessary or advisable by the board for carrying out the purposes of the college;

l. If necessary, take and condemn land and other property in the manner provided by the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.), whenever authorized by law to purchase land or other property;

m. Adopt, after consultation with the president and faculty, bylaws and make and promulgate such rules, regulations, and orders, not inconsistent with the provisions of this article, that are necessary and proper for the administration and operation of the college and the carrying out of its purposes;

n. Establish fees for room and board sufficient for the operation, maintenance, and rental of student housing and food service facilities;

o. Fix and determine tuition rates and other fees to be paid by students;

p. Accept from any government or governmental department, agency or other public or private body or from any other source grants or contributions of money or property, which the board may use for or in aid of any of its purposes;

q. Acquire, by gift, purchase, condemnation, or otherwise, own, lease, dispose of, use, and operate property, whether real, personal, or mixed, or any interest therein, which is necessary or desirable for college purposes;

r. Employ architects, engineers, consultants, and other professionals to plan buildings, consistent with the provisions of the "Building Design Services Act," P.L.1989, c.277 (C.45:4B-1 et seq.); secure bids for the construction of buildings and for the equipment thereof; make contracts for the construction of buildings and for equipment; and supervise the construction of buildings;

s. Manage, maintain, and provide for the payment of all charges and expenses in respect to all properties utilized by the college;

t. Borrow money for the needs of the college, as deemed requisite by the board, in such amounts and for such time and upon such terms as may be determined by the board, provided that this borrowing shall not be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit or be payable out of property or funds, other than moneys appropriated for that purpose, of the State;

u. Authorize any new program, educational department, or school consistent with the institution's programmatic mission or approved by the commission;

v. (Deleted by amendment, P.L.1994, c.48);

w. Pursuant to the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.), award contracts and agreements for the purchase of goods and services, as distinct from contracts or agreements for the construction of buildings and other improvements, to that responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the State college, price and other factors considered;

x. Pursuant to the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.), award contracts and agreements for the construction of buildings and other improvements to the lowest responsible bidder, whose bid, conforming to the invitation for bids, will be the most advantageous to the State college; and

y. retain independent counsel including representation by the Attorney General in accordance with subsection h. of section 6 of P.L.1994, c.48 (C.18A:3B-6) and, notwithstanding any other provision of law to the contrary, if the State college elects not to be represented by the Attorney General in any matter in which the State college is solely responsible for any potential liability, it shall be permitted to do so upon notice to the Attorney General.

##### **§ 18A:64-6.1** Contracts; warranty; violation {#sec-18a-64-6.1 omnilex-key=us-nj-statutes--title-18a--18A:64-6.1}

Every contract or agreement negotiated, awarded or made pursuant to this act shall contain a suitable warranty by the contractor that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business, for the breach or violation of which warranty the State college shall have the right to annul such contract without liability or in its discretion to deduct from the contract price or consideration the full amount of such commission, percentage, brokerage or contingent fee.

##### **§ 18A:64-6.2** Payments in violation of act; misdemeanor {#sec-18a-64-6.2 omnilex-key=us-nj-statutes--title-18a--18A:64-6.2}

Any person willfully authorizing, consenting to, making or procuring to be made payment of State College funds for or on account of any purchase, contract or agreement known to him to have been made or entered into in violation of any of the provisions of this act shall be guilty of a misdemeanor.

##### **§ 18A:64-6.3** Payment or gift by person dealing with State college prohibited; misdemeanor {#sec-18a-64-6.3 omnilex-key=us-nj-statutes--title-18a--18A:64-6.3}

The payment of any fee, commission or compensation of any kind or the granting of any gift or gratuity of any kind, either directly or indirectly, whether or not in connection with any purchase, sale or contract, to any person employed by the State college, having any duties or responsibilities in connection with the purchase or acquisition of any property or services by the State college, by or on behalf of any seller or supplier who has made, negotiated, solicited or offered to make and contract to sell or furnish real or personal property or services to the State college is hereby prohibited. Any person offering, paying, giving, soliciting or receiving any fee, commission, compensation, gift or gratuity in violation of this section shall be guilty of a misdemeanor.

##### **§ 18A:64-7** Additional powers and duties {#sec-18a-64-7 omnilex-key=us-nj-statutes--title-18a--18A:64-7}

The board of trustees of a State college, in addition to the other powers and duties provided herein, shall have and exercise the powers, rights and privileges that are incident to the proper government, conduct and management of the college, and the control of its properties and funds and such powers granted to the college or the board or reasonably implied, may be exercised without recourse or reference to any department or agency of the State, except as otherwise provided by this article or applicable law.

##### **§ 18A:64-8** President; powers and duties {#sec-18a-64-8 omnilex-key=us-nj-statutes--title-18a--18A:64-8}

The president of a state college shall be responsible to its board of trustees and shall have such powers as shall be requisite, for the executive management and conduct of the college in all departments, branches and divisions, and for the execution and enforcement of the bylaws, rules, regulations and orders governing the management, conduct and administration of the college.

##### **§ 18A:64-9** Existing state colleges continued {#sec-18a-64-9 omnilex-key=us-nj-statutes--title-18a--18A:64-9}

The existing six state colleges presently maintained by the state of New Jersey and heretofore under the care, custody, control and administration of the commissioner and the state board shall hereafter be operated by their respective boards of trustees pursuant to the provisions of this article.

##### **§ 18A:64-10** Maintenance of demonstration schools. {#sec-18a-64-10 omnilex-key=us-nj-statutes--title-18a--18A:64-10}

The board of trustees of each state college and Kean University may maintain demonstration schools under regular teachers, in which pupils shall have the opportunity to observe and practice approved methods of instruction and discipline.

##### **§ 18A:64-11** Conduct of extension courses, fees, etc. {#sec-18a-64-11 omnilex-key=us-nj-statutes--title-18a--18A:64-11}

The board of trustees of each State college and Kean University is authorized and empowered to conduct summer schools and extension courses through the five State colleges and Kean University for the purpose of giving further training to the teachers in the public schools of this State and to charge fees therefor to be collected by the treasurers of the several State colleges and Kean University.

##### **§ 18A:64-12** Rights of counties as to number of pupils {#sec-18a-64-12 omnilex-key=us-nj-statutes--title-18a--18A:64-12}

Each county shall be entitled to at least six times as many pupils in such colleges as it shall have representatives in the legislature. In case a county shall not have the full number of pupils to which it is entitled, pupils may be admitted from other counties.

##### **§ 18A:64-13** Tuition fees {#sec-18a-64-13 omnilex-key=us-nj-statutes--title-18a--18A:64-13}

Students in each State college who are residents of New Jersey shall be required to pay each year a minimum tuition fee and nonresidents of the State shall pay an additional fee. Such fees and any increase of the minimum tuition fee shall be determined by each college board of trustees. The board of trustees may waive the payment of the college's anticipated tuition revenues to accomplish mission-related or policy goals.

##### **§ 18A:64-13.1** Definitions. {#sec-18a-64-13.1 omnilex-key=us-nj-statutes--title-18a--18A:64-13.1}

1. As used in this act:

a. "Job training course" means any course of instruction which will provide the individual with an identifiable job skill and will assist the individual in gaining reemployment, any course of instruction which is part of a training program approved pursuant to the provisions of paragraph (4) of subsection (c) of R.S.43:21-4, or any course of instruction which is part of the education and training described in the Employability Development Plan developed for the individual pursuant to section 3 of P.L.1992, c.47 (C.43:21-59).

b. "Public institution of higher education" means the State colleges and the New Jersey Institute of Technology and all other institutions indicated by N.J.S.18A:62-1, except for county colleges.

##### **§ 18A:64-13.2** Tuition-free job training courses {#sec-18a-64-13.2 omnilex-key=us-nj-statutes--title-18a--18A:64-13.2}

2. Each public institution of higher education shall permit a person who has been in the labor market for at least two years and is unemployed or has received a layoff notice as a result of a factory or plant closing to enroll without payment of tuition in a job training course, provided that the person is not eligible for any available State or federal student financial aid and that available classroom space permits and that tuition paying students constitute the minimum number required for the course. Nothing herein shall preclude a public institution of higher education from requiring a registration fee not to exceed $20.00 per academic term.

##### **§ 18A:64-13.3** Eligibility for continued participation {#sec-18a-64-13.3 omnilex-key=us-nj-statutes--title-18a--18A:64-13.3}

In order to remain eligible for participation in this program, the unemployed worker shall be required to maintain a passing grade in the job training course in which he is enrolled.

##### **§ 18A:64-13.4** Rules, regulations {#sec-18a-64-13.4 omnilex-key=us-nj-statutes--title-18a--18A:64-13.4}

4. The Commissioner of Labor, in consultation with the Presidents' Council, shall promulgate rules and regulations necessary to effectuate the purposes of this act. Regulations of the State Board of Higher Education implementing this act shall remain in full force and effect until modified or repealed by the Commissioner of Labor.

##### **§ 18A:64-14** Supplies; school fees {#sec-18a-64-14 omnilex-key=us-nj-statutes--title-18a--18A:64-14}

Each State college may require students to furnish such textbooks and incidental supplies and to pay such general school fees as may be fixed by the board of trustees. The board of trustees shall provide apparatus and such books and supplies as are not required to be furnished by students as provided in this section.

##### **§ 18A:64-17** Work for students {#sec-18a-64-17 omnilex-key=us-nj-statutes--title-18a--18A:64-17}

The president of any state college may, under regulations approved by the board of trustees, provide work in or about such college for any student or students who demonstrate financial need. The value of such work as determined by the president under the aforementioned regulations shall be credited toward the payment in part or in whole of any one or combination of the following charges for such student or students: tuition, room and board; provided that the number of students aided under the provisions of this section shall not exceed 25% of the number of the full-time students of such college.

##### **§ 18A:64-18** Retention of revenue {#sec-18a-64-18 omnilex-key=us-nj-statutes--title-18a--18A:64-18}

a. Moneys which are derived by the State colleges as room and board revenues from student housing and food service facilities and which are not pledged for the payment of principal and interest on bonds of this State and which are in excess of sums required for the operation, maintenance, and rental of such facilities shall be retained in a separate account by each college and may be expended by each college for the cost of operation, maintenance and rental of such facilities in subsequent years. The unexpended balance in any such account at the end of any fiscal year shall not lapse into the General Treasury.

b. Moneys which are derived from student union building fees collected at a State college, which are in excess of the sums required for the operation, maintenance and rental of such a facility, shall be retained in a separate account by each college and may be expended by each college for the cost of operation, maintenance and rental of such facilities in subsequent years. The unexpended balance of any such account at the end of any fiscal year shall not lapse into the General Treasury.

c. Moneys which are derived from the operation of parking facilities, and any other facilities financed by student fees, which are in excess of sums required for the operation and maintenance of such facilities at a State college, shall be retained in a separate account by each college and may be expended by each college for the cost of operation, maintenance and rental of such facilities in subsequent years. The unexpended balance of any such account at the end of any fiscal year shall not lapse into the General Treasury.

d. No revenues received pursuant to this section shall be transferred from their respective accounts if contractual obligations between the college and the New Jersey Educational Facilities Authority prohibit these actions.

##### **§ 18A:64-18.1** Monthly installments {#sec-18a-64-18.1 omnilex-key=us-nj-statutes--title-18a--18A:64-18.1}

a. Funds appropriated by the State for the operation of the State colleges shall be paid to each college in 12 equal installments on the first day of each month; except that Thomas A. Edison College of New Jersey shall have its appropriated funds paid to it on a quarterly installment basis.

b. Any unexpended balance at the end of any fiscal year shall be retained and may be expended by each college in subsequent fiscal years.

##### **§ 18A:64-18.2** Investment procedure. {#sec-18a-64-18.2 omnilex-key=us-nj-statutes--title-18a--18A:64-18.2}

9. All functions, powers and duties relating to the investment or reinvestment of funds within the jurisdiction of the board of trustees, including the purchase, sale or exchange of any investments or securities, may be exercised and performed by the Director of the Division of Investment in the Department of the Treasury in accordance with the provisions of P.L.1950, c.270 (C.52:18A-79 et seq.) if so authorized by the board. Sections 10 and 11 of P.L.1986, c.42 (C.18A:64-18.3 and 18A:64-18.4) shall only be applicable in the event of such an election. Before any investment, reinvestment, purchase, sale or exchange shall be made by the director for or on behalf of the board of trustees, the Director of the Division of Investment shall submit the details thereof to the board, which shall, itself or by its finance committee, within 48 hours, exclusive of Sundays and public holidays, after the submission to it, file with the director its written acceptance or rejection of the proposed investment, reinvestment, purchase, sale or exchange; and the director shall have authority to make the investment, reinvestment, purchase, sale or exchange for or on behalf of the board, unless there shall have been filed with him a written rejection thereof by the board or its finance committee as herein provided. The board of trustees shall determine from time to time the cash requirements of the various funds and accounts established by it and the amount available for investment, all of which shall be certified to the State Treasurer and the Director of the Division of Investment. All earnings on investments shall be retained by each State college.

The finance committee of the board of trustees shall consist of three members of the board, who shall be appointed in the same manner and for the same term as other committees of the board are appointed.

##### **§ 18A:64-18.3** Authorized investments {#sec-18a-64-18.3 omnilex-key=us-nj-statutes--title-18a--18A:64-18.3}

The Director of the Division of Investment, in addition to other investments presently or from time to time hereafter authorized by law, shall have authority, subject to any acceptance required, to invest and reinvest the funds in, and to acquire for or on behalf of the board, bonds or other evidence of indebtedness or capital stock or other securities issued by any company incorporated within the United States or within the Dominion of Canada, which shall be authorized or approved for investment by regulation of the State Investment Council in the Division of Investment and in which life insurance companies organized under the laws of this State may legally invest.

##### **§ 18A:64-18.4** State Treasurer as custodian {#sec-18a-64-18.4 omnilex-key=us-nj-statutes--title-18a--18A:64-18.4}

The State Treasurer shall be the custodian of the board's investment funds, shall select all depositories and custodians and shall negotiate and execute custody agreements in connection with the assets or investments of any of these funds.

##### **§ 18A:64-18.5** Bank deposits made by State colleges, security {#sec-18a-64-18.5 omnilex-key=us-nj-statutes--title-18a--18A:64-18.5}

1. In all cases when a deposit is made by a State college in a State or federally chartered bank, savings bank or savings and loan association, the State Treasurer, in order to secure the deposit, shall require from the bank or institution a deposit of bonds, notes, certificates of indebtedness or bills or other obligations of or guaranteed by the United States; or bonds or other obligations of or guaranteed by the State of New Jersey; or bonds or other obligations of any county, municipality or any other public body corporate and politic created by or established under any law of this State by or on behalf of any one or more counties or municipalities or any board, commission, department or agency of any of the foregoing; or any other obligations now or hereafter authorized by law as security for public deposits. This requirement shall be deemed to be met if the Federal Reserve Bank of New York or the Federal Reserve Bank of Philadelphia or any other banking institution with total assets in excess of $300,000,000 located within the Second or Third Federal Reserve Districts and approved for such purpose by the State Treasurer, certifies to the State Treasurer that, pursuant to authority given by the depository, it holds obligations, owned by the depository, of the kind and in the amount required by the State Treasurer to secure such deposit. No bank shall be permitted to hold securities, of the kind hereinbefore described, as security for public moneys on deposit in the same bank.

No State or federally chartered bank, savings bank or savings and loan association in which a State college makes deposits of public moneys shall be required to secure the deposits as required by this section to the extent that the deposits are insured by the Federal Deposit Insurance Corporation or by any other federal agency which insures deposits made in state or national banks or savings and loan associations.

##### **§ 18A:64-19** Repairs to buildings and furniture {#sec-18a-64-19 omnilex-key=us-nj-statutes--title-18a--18A:64-19}

The board of trustees of each State college shall have control and care of the building and ground owned and used by the State for the college and shall order necessary repairs to the grounds, buildings, and furniture of the college.

##### **§ 18A:64-20** Employment of professors, etc., continued; tenure rights, etc., preserved {#sec-18a-64-20 omnilex-key=us-nj-statutes--title-18a--18A:64-20}

All professors, associate professors, assistant professors, instructors, supervisors, registrars, teachers, and other persons employed by the state of New Jersey, the state board of education or the commissioner of education in the state colleges on July 1, 1967 shall continue in their respective employments in the employ of the board of trustees of their respective colleges and any and all rights of tenure, civil service, retirement, pension disability, leave of absence or similar benefits provided by or under the provisions of the laws of this state shall not be affected or interrupted by virtue of such transfer.

##### **§ 18A:64-21** Future professors, etc., to have similar tenure rights, etc. {#sec-18a-64-21 omnilex-key=us-nj-statutes--title-18a--18A:64-21}

All professors, associate professors, assistant professors, instructors, supervisors, registrars, teachers, and other persons employed by the board of trustees of the state colleges shall have the same rights of tenure, seniority, pension, protection from liability, rights to legal counsel and all other rights and privileges of similar employees of the state board of education or the commissioner of education on July 1, 1967 in the existing state colleges.

##### **§ 18A:64-21.1** Negotiation authority unaffected {#sec-18a-64-21.1 omnilex-key=us-nj-statutes--title-18a--18A:64-21.1}

12. The Governor shall continue to function as the public employer under the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.) and through the Office of Employee Relations act as the chief spokesperson on behalf of the State colleges with respect to all matters under negotiation. One representative of the State college sector shall be designated by the Governor as a member of the negotiating team, upon recommendation by the State colleges.

##### **§ 18A:64-21.2** Professional positions {#sec-18a-64-21.2 omnilex-key=us-nj-statutes--title-18a--18A:64-21.2}

Professional members of the academic, administrative and teaching staffs shall include all faculty positions, current professional positions listed as unclassified positions pursuant to Title 11, Civil Service, of the Revised Statutes and all professional positions currently listed as classified positions pursuant to Title 11 of the Revised Statutes, which are not presently included within any bargaining unit. All these positions shall be removed from the provisions of Title 11 of the Revised Statutes; however, any employee currently having classified status in a title shall have the option of retaining all the rights and privileges of a classified employee in that title for so long as the employee maintains uninterrupted service in, or is on an approved leave of absence from, that title.

##### **§ 18A:64-21.3** Jurisdiction removed {#sec-18a-64-21.3 omnilex-key=us-nj-statutes--title-18a--18A:64-21.3}

All State college faculty and professional positions shall be removed from the jurisdiction of the Vacancy Review Board, established pursuant to Executive Order No. 10 (1982).

##### **§ 18A:64-21.4** Employer-Employee Relations Act unaffected {#sec-18a-64-21.4 omnilex-key=us-nj-statutes--title-18a--18A:64-21.4}

Nothing in this amendatory and supplementary act 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 that law.

##### **§ 18A:64-21.5** Tenure, pension rights {#sec-18a-64-21.5 omnilex-key=us-nj-statutes--title-18a--18A:64-21.5}

Nothing in this amendatory and supplementary act shall be so construed as to deprive any person of any tenure rights or of any other right or protection provided that person under any pension law or retirement system of this State.

##### **§ 18A:64-21.6** Findings, declarations {#sec-18a-64-21.6 omnilex-key=us-nj-statutes--title-18a--18A:64-21.6}

1. The Legislature finds and declares that:

a. The State of New Jersey has designated the Kelsey building located at 101 West State Street, City of Trenton, a State landmark and historic site which is being preserved as a part of the cultural heritage of this State;

b. The original intent of Henry Cooper Kelsey, whose generosity constructed this building, was to support educational purposes;

c. The State has determined that an appropriate use of this facility is served by supporting the programs of Thomas A. Edison State College; and

d. The State, Thomas A. Edison State College, and the City of Trenton have jointly agreed that the interest of these parties is well-served by the physical presence of Thomas A. Edison State College in the Kelsey building and the adjoining properties known as 105 through 115 West State Street in the City of Trenton.

##### **§ 18A:64-21.7** Use of Kelsey building by Thomas A. Edison State College {#sec-18a-64-21.7 omnilex-key=us-nj-statutes--title-18a--18A:64-21.7}

2. The Kelsey School of Industrial Arts building located at the corner of West State and Willow Streets, designated as 101 West State Street, City of Trenton, County of Mercer, and State of New Jersey, along with adjacent properties known as 105 through 115 West State Street, City of Trenton, County of Mercer, and State of New Jersey are hereby designated for the exclusive use by and in support of the academic and administrative activities of Thomas A. Edison State College.

##### **§ 18A:64-21.8** Center for Career Relevant Education and Talent Evaluation of New Jersey, CreateNJ, Thomas Edison State University. {#sec-18a-64-21.8 omnilex-key=us-nj-statutes--title-18a--18A:64-21.8}

1. a. There is established at Thomas Edison State University the Center for Career Relevant Education and Talent Evaluation of New Jersey, also known as CreateNJ. The purpose of the center shall be to maximize collaborations between employers, partner organizations, and institutions of higher education that develop and implement career pathways for nontraditional students and workers and workforce development programs. The center shall be the State's central resource for the evaluation and translation of learning experiences into a validated record of academic credit, career credentials, pre-apprenticeship and apprenticeship credits, and pertinent knowledge, skills, and abilities. The validated record developed by the center pursuant to this section shall be known as the CreateNJ Workforce Transcript.

b. (1) The Center for Career Relevant Education and Talent Evaluation of New Jersey shall establish a steering committee, the purpose of which is to foster partnerships among education, government and industry for the mapping of credentials and to contribute to the direction and sustainability of the center. Members of the steering committee shall serve in an advisory capacity only. The members shall serve without compensation but may be reimbursed for necessary expenses incurred in the performance of their duties.

(2) The steering committee shall consist of 12 members and shall be co-chaired by the President of Thomas Edison State University and the Commissioner of Labor and Workforce Development, or their designees. Other members of the steering committee shall include, but not be limited to, one representative from each of the following:

(a) the Division of Consumer Affairs in the Department of Law and Public Safety;

(b) the Office of the Secretary of Higher Education;

(c) the Department of Education;

(d) the Economic Development Authority;

(e) the New Jersey Business and Industry Association; and

(f) the New Jersey Council of County Colleges.

The steering committee shall also include three representatives of the New Jersey Presidents' Council, preferably each from different sectors.

c. The Center for Career Relevant Education and Talent Evaluation of New Jersey shall establish a database that houses all of the skills or credits credentialed or accepted by Thomas Edison State University and other voluntarily participating institutions of higher education. The inclusion of an individual's higher education credit equivalencies or identified skills in the database shall be voluntary in nature, and participation shall be indicated by informed consent. Thomas Edison State University shall maintain the credits obtained through any evaluation of learning pursuant to this section by following national best practices and processes and by complying with applicable State and federal privacy laws and other guidelines and requirements for institutional accreditation from the Middle States Commission on Higher Education.

d. As permitted by law, Thomas Edison State University may enter into contracts with public or private individuals, organizations, and institutions to advance the purposes of this act. The Center for Career Relevant Education and Talent Evaluation of New Jersey shall apply for and accept grant funds, or any other funds, to support the operations and duties of the center, as made available by the federal government, private foundations or entities, or any other sources.

e. Thomas Edison State University may hire such additional staff as may be necessary to effectuate the provisions of this section.

f. The Center for Career Relevant Education and Talent Evaluation of New Jersey may assess fees for the utilization of the database and transcript generation. Any fee or other revenue collected by the center shall be used to fund the operations of the center.

##### **§ 18A:64-26** Short title {#sec-18a-64-26 omnilex-key=us-nj-statutes--title-18a--18A:64-26}

This act shall be known and may be cited as the "Public College Auxiliary Organization Act."

##### **§ 18A:64-27** Definitions {#sec-18a-64-27 omnilex-key=us-nj-statutes--title-18a--18A:64-27}

As used in this act:

a. "College" means any State or county college.

b. "Auxiliary organization" means an organization, subject to the provisions of this act, that performs selected functions or operations of a college while maintaining an identity distinct from that of the college.

##### **§ 18A:64-28** Number of organizations {#sec-18a-64-28 omnilex-key=us-nj-statutes--title-18a--18A:64-28}

A college may establish and utilize one or more auxiliary organizations for the performance of college operations or functions.

##### **§ 18A:64-29** Functions and operations {#sec-18a-64-29 omnilex-key=us-nj-statutes--title-18a--18A:64-29}

4. An auxiliary organization may engage only in such operations and may serve only such functions as are allowed by law and as shall be approved by the board of trustees of the college. Such functions or operations may include, but shall not be limited to:

a. operation of student centers;

b. operation of student pubs;

c. management of student dormitories;

d. operation of college bookstores.

##### **§ 18A:64-30** Powers {#sec-18a-64-30 omnilex-key=us-nj-statutes--title-18a--18A:64-30}

Each auxiliary organization shall be a body corporate and politic, with corporate succession. Each auxiliary organization shall have the power to contract, to sue and be sued, to make, amend and rescind rules for its own reorganization and operation, but it shall not in any manner, directly, or indirectly, pledge the credit of the State.

##### **§ 18A:64-31** Board of directors; composition; terms; vacancies {#sec-18a-64-31 omnilex-key=us-nj-statutes--title-18a--18A:64-31}

Each auxiliary organization shall have a board of directors composed of the president of the college or his designee, one member of the college board of trustees, and at least five citizens appointed by the college board of trustees, at least two of whom shall be students. The citizen members shall be appointed for 3 year terms except that the initial appointment shall be staggered so that two members shall be appointed for terms of 2 years and one member shall be appointed for a term of 1 year. There shall be no limitation on the number of terms an individual may serve. Vacancies shall be filled in the manner of the original appointment. Each member shall serve until a successor is appointed and qualified.

##### **§ 18A:64-32** Board of directors; conflict of interest; expenses {#sec-18a-64-32 omnilex-key=us-nj-statutes--title-18a--18A:64-32}

No member of the board of directors of an auxiliary organization shall have a financial interest in any contract or other transaction entered into by the board of which he is a member. Any contract or transaction entered into in violation of this section is void. The members of the board of directors shall receive no compensation for their services, but shall be paid their necessary expenses in performing their duties.

##### **§ 18A:64-33** Board as public body; provisions governing {#sec-18a-64-33 omnilex-key=us-nj-statutes--title-18a--18A:64-33}

The board of directors is a "public body" as defined in section 3 of the "Open Public Meetings Act," P.L.1975, c. 231 (C. 10:4-8), and shall conduct its business in accordance with the provisions of that act.

##### **§ 18A:64-34** Bank accounts, purchases {#sec-18a-64-34 omnilex-key=us-nj-statutes--title-18a--18A:64-34}

9. An auxiliary organization shall maintain its own bank accounts and shall make such purchases as are necessary to its operation, without regard to the provisions of P.L.1954, c.48 (C.52:34-6 et seq.), pursuant to regulations promulgated by the Board of Trustees.

##### **§ 18A:64-35** Legal counsel {#sec-18a-64-35 omnilex-key=us-nj-statutes--title-18a--18A:64-35}

An auxiliary organization shall obtain private legal counsel and shall not be represented by the Attorney General.

##### **§ 18A:64-36** Acceptance of gifts {#sec-18a-64-36 omnilex-key=us-nj-statutes--title-18a--18A:64-36}

11. An auxiliary organization may accept any grant, contract, bequest, trust or gift unless the Board of Trustees determines that acceptance would be contrary to policies of the institution or inconsistent with public policy.

##### **§ 18A:64-37** Annual budget; approval {#sec-18a-64-37 omnilex-key=us-nj-statutes--title-18a--18A:64-37}

The annual budget of each auxiliary organization shall be approved by the board of directors of the organization.

##### **§ 18A:64-38** Officers and employees; civil service {#sec-18a-64-38 omnilex-key=us-nj-statutes--title-18a--18A:64-38}

As may be necessary for its operation, an auxiliary organization may appoint, retain and employ officers, agents, employees and experts, who shall be within the unclassified service of the Civil Service; except that, officers, agents, employees and experts of an auxiliary organization established by a county college shall not be subject to the provisions of Title 11 of the Revised Statutes.

##### **§ 18A:64-39** Colleges; leasing or renting of facilities {#sec-18a-64-39 omnilex-key=us-nj-statutes--title-18a--18A:64-39}

An auxiliary organization may lease or rent facilities and office space from the college, provided that it reimburses the college for the fair rental value for its use of such facilities.

##### **§ 18A:64-40** Commercial services on college campuses; self support; surplus funds {#sec-18a-64-40 omnilex-key=us-nj-statutes--title-18a--18A:64-40}

Operations of commercial services on college campuses, such as a food service or bookstore, or such commercial services as may be provided in a college union, shall, when operated by an auxiliary organization, be self supporting. Any surplus funds from commercial operations shall be used for purposes that are consistent with the educational purposes of the institution.

##### **§ 18A:64-41** Expenses; liability in tort or contract {#sec-18a-64-41 omnilex-key=us-nj-statutes--title-18a--18A:64-41}

Expenses incurred by an auxiliary organization shall be payable from funds raised by the organization, and no liability or obligation, in tort or contract, shall be incurred by the State for the operation of such an organization.

##### **§ 18A:64-42** Financial standards {#sec-18a-64-42 omnilex-key=us-nj-statutes--title-18a--18A:64-42}

17. The board of trustees shall, prior to the operation of any auxiliary organization under this act:

a. Institute with the approval of the Director of the Division of Budget and Accounting a standard Statewide accounting and reporting system for businesslike management of the operation of auxiliary organizations.

b. Implement financial standards which will tend to assure the fiscal viability of auxiliary organizations. These standards shall include proper provisions for professional management, adequate working capital, adequate reserve funds for current operations and capital replacements, insurance, and adequate provisions for new business requirements.

c. Institute procedures to assure that transactions of the auxiliary organizations are within the educational purposes of the college.

d. Develop policies for the appropriation of surplus funds not required to implement section 15 of P.L.1982, c.16 (C.18A:64-40). Uses of such funds shall be regularly reported to the board of trustees of the college.

e. Determine which college employees may also be employed by the auxiliary organization and the terms and conditions of such employment.

##### **§ 18A:64-43** Certified public accountant {#sec-18a-64-43 omnilex-key=us-nj-statutes--title-18a--18A:64-43}

18. A certified public accountant shall be selected by each auxiliary organization. The certified public accountant shall annually audit the auxiliary organization's funds. Auxiliary organizations shall contract for and receive such audit annually, and shall submit the audit to the board of trustees of the college, and to the Director of the Division of Budget and Accounting.

##### **§ 18A:64-44** College student government association; compliance with act {#sec-18a-64-44 omnilex-key=us-nj-statutes--title-18a--18A:64-44}

Each college student government association to which student fee moneys are allocated by the college, whether or not it is an auxiliary organization subject to the provisions of this act, shall comply with the provisions of section 18 of this act.

##### **§ 18A:64-45** New Jersey Association of State Colleges and Universities. {#sec-18a-64-45 omnilex-key=us-nj-statutes--title-18a--18A:64-45}

1. There is established a body corporate and politic, with corporate succession, to be known as the New Jersey Association of State Colleges and Universities. Kean University, Ramapo College of New Jersey, Stockton University, Thomas Edison State College, The College of New Jersey, and The William Paterson University of New Jersey shall constitute the membership of the association.

##### **§ 18A:64-46** Membership of association. {#sec-18a-64-46 omnilex-key=us-nj-statutes--title-18a--18A:64-46}

2. The association shall consist of six voting members to be appointed as follows: one member from each member institution's boards of trustees, appointed by the members thereof. In addition the presidents of the member institutions shall serve as ex officio, nonvoting members.

Members shall serve without compensation, but shall be entitled to be reimbursed for all reasonable and necessary expenses.

##### **§ 18A:64-47** Officers; rules {#sec-18a-64-47 omnilex-key=us-nj-statutes--title-18a--18A:64-47}

The association shall select such officers and make such rules as may be necessary for the transaction of business.

##### **§ 18A:64-48** Powers, responsibilities of association. {#sec-18a-64-48 omnilex-key=us-nj-statutes--title-18a--18A:64-48}

4. The association shall have perpetual succession and shall have the following powers and responsibilities:

a. To make, amend and repeal rules, regulations and bylaws for its own governance and guidance, not inconsistent with the purposes of the association;

b. To adopt an official seal and alter the same at pleasure;

c. To maintain an office at such place or places in the State as it may designate;

d. To sue and be sued in its own name;

e. To borrow money, to issue bonds or notes therefor, and to secure the same by pledge or mortgage of its real and personal property, but it shall not in any manner, directly or indirectly, pledge the credit of the State; and

f. To acquire, hold and dispose of real and personal property in the exercise of its powers and the performance of its duties under this article. All this property shall be exempt from taxation under chapter 4 of Title 54 of the Revised Statutes.

##### **§ 18A:64-49** Executive director; duties, compensation. {#sec-18a-64-49 omnilex-key=us-nj-statutes--title-18a--18A:64-49}

5. The association shall employ an executive director, who shall be responsible for the administration of all the activities of the association including staff services. The executive director shall serve at the pleasure of the association. The salary of the executive director and all other personnel shall be determined by the association.

##### **§ 18A:64-50** Purposes of association. {#sec-18a-64-50 omnilex-key=us-nj-statutes--title-18a--18A:64-50}

6. The association shall encourage and aid all movements for the improvement of education at the member institutions and shall make recommendations to the Governor, Legislature, Commission on Higher Education and Presidents' Council regarding the coordination of the member institutions on matters of mutual interest and concern.

##### **§ 18A:64-51** Dues from member institutions. {#sec-18a-64-51 omnilex-key=us-nj-statutes--title-18a--18A:64-51}

7. For purposes of defraying the expenses of the association, the member institutions shall pay the necessary expenses incurred by the members and shall appropriate annually such sums for dues as may be assessed by the association. The assessment shall be made only upon a two-thirds vote of the membership present at the meeting, after notice of the taking of that vote shall have been given to each member institution in writing at least 60 days before the meeting of the association. Dues shall be assessed upon a graduated scale according to the size of each member institution.

##### **§ 18A:64-52** Short title {#sec-18a-64-52 omnilex-key=us-nj-statutes--title-18a--18A:64-52}

This article shall be known and may be cited as the "State College Contracts Law."

##### **§ 18A:64-53** Definitions. {#sec-18a-64-53 omnilex-key=us-nj-statutes--title-18a--18A:64-53}

2. As used in this article, unless the context otherwise indicates:

a. "Board of trustees" means the board of a State college;

b. "Contracting agent" means the business officer of the State college having the power to prepare advertisements, to advertise for and receive bids, and to make awards for the State college in connection with the purchases, contracts or agreements permitted by this article or the officer, committee or employee to whom the power has been delegated by the State college;

c. "Contracts" means contracts or agreements for the performance of work or the furnishing or hiring of services, materials, supplies, or construction, as distinguished from contracts of employment;

d. "Legal newspaper" means a newspaper circulating in this State which has been printed and published in the English language at least once a week for at least one year continuously;

e. "Materials" includes goods and property subject to chapter 2 of Title 12A of the New Jersey Statutes, apparatus or any other tangible thing, except real property or any interest therein;

f. "Extraordinary unspecifiable services" means services or products which cannot be reasonably described by written specifications;

g. "Professional services" means services rendered or performed by a person authorized by law to practice a recognized profession and whose practice is regulated by law and the performance of which services requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction or apprenticeship and training. Professional services also means services rendered in the performance of work that is original and creative in character in a recognized field of artistic endeavor;

h. "Project" means any work, undertaking, construction or alteration;

i. "Purchases" are transactions, for a valuable consideration, creating or acquiring an interest in goods, services and property except real property or any interest therein;

j. "State college" means an institution of higher education established pursuant to chapter 64 of Title 18A of the New Jersey Statutes;

k. "Work" includes services and any other activity of a tangible or intangible nature performed or assumed pursuant to a contract or agreement with a State college;

l. "Information technology" means telecommunication and computing goods and services, including, but not limited to, software, hardware, cloud computing, and systems implementation and support for voice, data and video.

##### **§ 18A:64-54** Bid threshold. {#sec-18a-64-54 omnilex-key=us-nj-statutes--title-18a--18A:64-54}

3. a. (1) Any purchase, contract or agreement for the performance of any work or the furnishing or hiring of materials or supplies, through which workers employed in the performance of the contract are paid in accordance to the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), the cost or price of which, together with any sums expended for the performance of any work or services in connection with the same project or the furnishing of similar materials or supplies during the same fiscal year, paid with or out of college funds, does not exceed the total sum of $26,200 or, commencing January 1, 2005, the amount determined pursuant to subsection b. of this section, in any fiscal year may be made, negotiated and awarded by a contracting agent, when so authorized by resolution of the board of trustees of the State college without public advertising for bids and bidding therefor.

(2) Any purchase, contract or agreement for the performance of any work or the furnishing or hiring of materials or supplies, through which workers employed in the performance of the contract are not paid in accordance to the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), the cost or price of which, together with any sums expended for the performance of any work or services in connection with the same project or the furnishing of similar materials or supplies during the same fiscal year, paid with or out of college funds, does not exceed the total sum of $100,000 or, commencing January 1, 2022, the amount determined pursuant to subsection b. of this section, in any fiscal year may be made, negotiated and awarded by a contracting agent, when so authorized by resolution of the board of trustees of the State college without public advertising for bids and bidding therefor.

b. Commencing January 1, 2005 and every two years thereafter, the Governor, in consultation with the Department of the Treasury, shall adjust the threshold amounts set forth in subsection a. of this section in direct proportion to the rise or fall of the Consumer Price Index for all urban consumers in the New York and Northeastern New Jersey and the Philadelphia areas, as reported by the United States Department of Labor. The adjustment shall become effective on July 1 of the year in which it is reported.

c. Any purchase, contract or agreement made pursuant to this section may be awarded for a period of 36 consecutive months, notwithstanding that the 36-month period does not coincide with the fiscal year.

##### **§ 18A:64-55** Public bidding required. {#sec-18a-64-55 omnilex-key=us-nj-statutes--title-18a--18A:64-55}

4. a. Every contract or agreement for the performance of any work or the furnishing or hiring of any materials or supplies, through which the workers employed in the performance of the contract are paid in accordance to the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), the cost or the contract price of which is to be paid with or out of college funds, not included within the terms of section 3 of this article, shall be made and awarded only by the State college after public advertising for bids and bidding therefor, except as provided otherwise in this article or specifically by any other law. No work, materials or supplies shall be undertaken, acquired or furnished for a sum exceeding in the aggregate $26,200 or, commencing January 1, 2005, the amount determined pursuant to subsection b. of section 3 of P.L.1986, c.43 (C.18A:64-54), except by written contract or agreement.

b. Any purchase, contract or agreement for the performance of any work or the furnishing or hiring of materials or supplies, through which the workers employed in the performance of the contract are not paid in accordance to the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), the cost or price of which, together with any sums expended for the performance of any work or services in connection with the same project or the furnishing of similar materials or supplies during the same fiscal year, paid with or out of college funds, does not exceed the total sum of $100,000 or, commencing January 1, 2022, the amount determined pursuant to subsection b. of section 3 of P.L.1986, c.43 (C.18A:64-54), in any fiscal year may be made, negotiated and awarded by a contracting agent, when so authorized by resolution of the board of trustees of the State college without public advertising for bids and bidding therefor.

##### **§ 18A:64-56** Exceptions. {#sec-18a-64-56 omnilex-key=us-nj-statutes--title-18a--18A:64-56}

5. Any purchase, contract or agreement of the character described in section 4 of P.L.1986, c.43 (C.18A:64-55) may be made, negotiated or awarded by the State college by resolution at a public meeting of its board of trustees without public advertising for bids or bidding therefor if:

a. The subject matter thereof consists of:

(1) Professional services; or

(2) Extraordinary unspecifiable services and products which cannot reasonably be described by written specifications, subject, however, to procedures consistent with open public bidding whenever possible; or

(3) Materials or supplies which are not available from more than one potential bidder, including without limitation materials or supplies which are patented or copyrighted; or

(4) The doing of any work by employees of the State college; or

(5) The printing of all legal notices and legal briefs, records and appendices to be used in any legal proceeding to which the State college may be a party and the use of electronic data or media services, including the internet, for the printing of these legal notices and legal briefs, records and appendices; or

(6) Textbooks, copyrighted materials, student-produced publications and services incidental thereto, library materials including without limitation books, periodicals, newspapers, documents, pamphlets, photographs, reproductions, microfilms, pictorial or graphic works, musical scores, maps, charts, globes, sound recordings, slides, films, filmstrips, video and magnetic tapes, other printed or published matter and audiovisual and other materials of a similar nature, necessary binding or rebinding of library materials and specialized library services, including electronic databases and digital formats; or

(7) Food supplies and services, including food supplies and management contracts for student centers, dining rooms and cafeterias; or

(8) The supplying of any product or the rendering of any service by the public utility which is subject to the jurisdiction of the Board of Public Utilities, in accordance with tariffs and schedules of charges made, charged and exacted, filed with that board; or

(9) Equipment repair service if in the nature of an extraordinary unspecifiable service and necessary parts furnished in connection with the services; or

(10) Specialized machinery or equipment of a technical nature which will not reasonably permit the drawing of specifications, and the procurement thereof without advertising is in the public interest; or

(11) Insurance, including the purchase of insurance coverage and consulting services, which exceptions shall be in accordance with the requirements for extraordinary unspecifiable services; or

(12) Publishing of legal notices in newspapers as required by law and the use of electronic data or media services, including the internet, for the publication of the legal notices; or

(13) The acquisition of artifacts or other items of unique intrinsic, artistic or historic character; or

(14) The collection of amounts due on student loans, including without limitation loans guaranteed by or made with funds of the United States of America, and amounts due on other financial obligations to the State college, including but not limited to, the amounts due on tuition and fees and room and board; or

(15) Professional consulting services; or

(16) Entertainment, including without limitation theatrical presentations, band and other concerts, movies and other audiovisual productions; or

(17) Contracts employing funds created by student activities fees charged to students or otherwise raised by students and expended by student organizations; or

(18) Printing, including without limitation catalogs, yearbooks and course announcements and the production and reproduction of such material in electronic and digital formats, including compact discs; or

(19) Information technology; or

(20) Personnel recruitment and advertising, including without limitation advertising seeking student enrollment; or

(21) Educational supplies, books, articles of clothing and other miscellaneous articles purchased by a State college for resale to college students and employees; or

(22) Purchase or rental of graduation caps and gowns, and award certificates or plaques, or the rental of space and equipment used for graduation and other events and ceremonies; or

(23) Items available from vendors at costs below State contract pricing for the same product or service, which meets or exceeds the State contract terms or conditions; or

(24) Management contracts for bookstores, performing arts centers, residence halls, parking facilities and building operations; or

(25) Consulting services involving information technology, curricular or programmatic review, fund raising, transportation, safety or security; or

(26) Construction management services for construction, alteration or repair of any building or improvement; or

(27) Purchase or rental of equipment of a technical nature when the procurement thereof without advertising is necessary in order to assure standardization of equipment and interchangeability of parts in the public interest; or

(28) Banking and investment services; or

(29) Energy supply, such as electric and gas, from a third-party supplier; or

(30) Hazardous waste collection and disposal services; or

(31) Supplies and services for the administration of study abroad or remote programs; or

(32) Transportation services; or

(33) Vehicle maintenance; or

(34) Vending services; or

(35) Medical testing.

b. It is to be made or entered into with the United States of America, the State of New Jersey, a county or municipality or any board, body, or officer, agency or authority or any other state or subdivision thereof.

c. The State college has advertised for bids pursuant to section 4 of P.L.1986, c.43 (C.18A:64-55) on two occasions and (i) has received no bids on both occasions in response to its advertisement, or (ii) has rejected the bids on two occasions because the State college has determined that they are not reasonable as to price, on the basis of cost estimates prepared for or by the State college prior to the advertising therefor, or have not been independently arrived at in open competition, or (iii) on one occasion no bids were received pursuant to (i) and on one occasion all bids were rejected pursuant to (ii), in whatever sequence; any contract or agreement may then be negotiated by a two-thirds affirmative vote of the authorized membership of the board of trustees authorizing the contract or agreement; provided that:

(1) A reasonable effort is just made by the contracting agent to determine that the same or equivalent materials or supplies at a cost which is lower than the negotiated price are not available from any agency or authority of the United States, the State of New Jersey or of the county in which the State college is located, or any municipality in close proximity to the State college;

(2) The terms, conditions, restrictions and specifications set forth in the negotiated contract or agreement are not substantially different from those which were the subject of competitive bidding pursuant to section 4 of this article; and

(3) Any minor amendment or modification of any of the terms, conditions, restrictions and specifications, which were the subject of competitive bidding pursuant to section 4 of P.L.1986, c.43 (C.18A:64-55), shall be stated in the resolution awarding the contract or agreement; except that if on the second occasion the bids received are rejected as unreasonable as to price, the State college shall notify each responsible bidder submitting bids on the second occasion of its intention to negotiate and afford each bidder a reasonable opportunity to negotiate, but the State college shall not award the contract or agreement unless the negotiated price is lower than the lowest rejected bid price submitted on the second occasion by a responsible bidder, is the lowest negotiated price offered by any reasonable vendor, and is a reasonable price for the work, materials, supplies or services. Whenever a State college shall determine that a bid was not arrived at independently in open competition pursuant to subsection c. (ii) of this section, it shall thereupon notify the Attorney General of the facts upon which its determination is based and, when appropriate, it may institute appropriate proceedings in any State or federal court of competent jurisdiction for a violation of any State or federal antitrust law or laws relating to the unlawful restraint of trade.

d. It is to be awarded through a reverse auction for the purchase of utilities and other commodities.

##### **§ 18A:64-57** Emergency procedures. {#sec-18a-64-57 omnilex-key=us-nj-statutes--title-18a--18A:64-57}

6. Any purchase, contract, or agreement may be made, negotiated or awarded by a State college without public advertising for bids and bidding therefor, notwithstanding that the cost or contract price will exceed the appropriate threshold amount, as adjusted and established pursuant to section 3 of P.L.1986, c.43 (C.18A:64-54), when an emergency affecting the health, safety or welfare of occupants of college property requires the immediate delivery of the materials or supplies or the performance of the work, if the purchases, contracts or agreements are awarded or made in the following manner:

a. A written requisition for the performance of the work or the furnishing of materials or supplies, certified by the employee in charge of the building, facility or equipment where the emergency occurred, is filed with the contracting agent or his deputy in charge describing the nature of the emergency, the time of its occurrence, and the need for invoking this section. The contracting agent, or his deputy in charge, being satisfied that the emergency exists, is authorized to award a contract for the work, materials or supplies.

b. Upon the furnishing of the work, materials or supplies in accordance with the terms of the contract or agreement, the contractor furnishing the work, materials or supplies is entitled to be paid therefor and the State college is obligated for the payment.

c. The board of trustees may prescribe rules and procedures to implement the requirements of this section.

##### **§ 18A:64-58** Contract subdivision prohibited {#sec-18a-64-58 omnilex-key=us-nj-statutes--title-18a--18A:64-58}

7. No purchase, contract or agreement which is single in character or which necessarily or by reason of the quantities required to effectuate the purpose of the purchase, contract or agreement includes the furnishing of additional services or equipment or buying materials or supplies or the doing of additional work, shall be subdivided so as to bring it or any of the parts thereof under the maximum price or cost limitation set forth in P.L.1986, c.43 (C.18A:64-52 et seq.), thus dispensing with the requirement of public advertising and bidding therefor. Where the doing of any work is included in or incident to the performance or completion of any project which is single in character or inclusive of the furnishing of additional work, materials or supplies or which requires the furnishing of more than one article of materials or supplies, all of the work, materials or supplies requisite for the completion of the project shall be included in one purchase, contract or agreement.

##### **§ 18A:64-59** Annual solicitation {#sec-18a-64-59 omnilex-key=us-nj-statutes--title-18a--18A:64-59}

Except as provided in this article, every State college shall, on an annual basis or at such lesser intervals as may be fixed by it, solicit by public advertisement the submission of bids for the furnishing of all work, materials and supplies which can be purchased or agreed or contracted to be furnished only after public advertising for bids and bidding therefor.

##### **§ 18A:64-60** State college purchases through State agency; procedure. {#sec-18a-64-60 omnilex-key=us-nj-statutes--title-18a--18A:64-60}

9. a. Any State college, without advertising for bids, or after having rejected all bids obtained pursuant to advertising therefor, may purchase any materials, supplies, goods, services or equipment pursuant to a contract or contracts for those materials, supplies, goods, services or equipment entered into on behalf of the State by the Division of Purchase and Property or any municipality or county in this State.

b. A State college may also use, without advertising for bids, or having rejected all bids obtained pursuant to advertising, the Federal Supply Schedules of the General Services Administration or schedules from other federal procurement programs subject to the following conditions:

(1) the price of the goods or services being procured is no greater than the price offered to federal agencies;

(2) the State college receives the benefit of federally mandated price reductions during the term of the contract and is protected from price increases during that time; and

(3) the price of the goods or services being procured is no greater than the price of the same or equivalent goods or services under any State contract, unless the State college determines that because of factors other than price, selection of a vendor from the Federal Supply Schedules would be more advantageous to the State college.

c. Whenever a purchase is made pursuant to this section, the State college shall place its order with the vendor offering the lowest price, including delivery charges, that best meets the requirements of the State college. Prior to placing such an order, the State college shall document with specificity that the materials, supplies, goods, services or equipment selected best meet the requirements of the State college.

##### **§ 18A:64-60.1** State colleges may use electronic procurement processes. {#sec-18a-64-60.1 omnilex-key=us-nj-statutes--title-18a--18A:64-60.1}

11. Notwithstanding any provisions of the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.) to the contrary, a State college shall use electronic procurement processes for public works construction contracts whenever the project requires public advertisement, in accordance with the provisions of P.L.2020, c.59 (C.52:34A-1 et al.).

##### **§ 18A:64-61** Joint action authorized. {#sec-18a-64-61 omnilex-key=us-nj-statutes--title-18a--18A:64-61}

10. The board of trustees of two or more State colleges may provide jointly by agreement for the purchasing of work, materials, or supplies for their respective colleges, and also may enter into a joint purchasing agreement with other units of State or local government, or one State college may provide for such purchase by joint agreement with other units of State or local government.

##### **§ 18A:64-62** Contents of agreements {#sec-18a-64-62 omnilex-key=us-nj-statutes--title-18a--18A:64-62}

a. Joint agreements shall set forth the categories of work, materials or supplies to be purchased, the manner of advertising for bids and of awarding of contracts, the method of payment by each participating State college or other governmental unit and other matters deemed necessary to carry out the purposes of the agreement.

b. Funds for each participant's share of expenditures for purchases under any joint agreement shall be appropriated and paid in the manner set forth in the agreement and in the same manner as appropriations are made for other expenses of the participant.

##### **§ 18A:64-63** Subject to laws {#sec-18a-64-63 omnilex-key=us-nj-statutes--title-18a--18A:64-63}

12. Joint purchases and all agreements pertaining thereto shall be subject to all provisions of law.

##### **§ 18A:64-63.1** State college, university authorized to participate in cooperative pricing system. {#sec-18a-64-63.1 omnilex-key=us-nj-statutes--title-18a--18A:64-63.1}

1. a. A State college or university is authorized to be a participating contracting unit in a cooperative pricing system established pursuant to the laws of this State.

b. A State college or university may make purchases and contract for services through the use of a nationally-recognized and accepted cooperative purchasing agreement, including a cooperative purchasing agreement in existence as of the effective date of P.L.2016, c.50 (C.18A:64-63.1 et al.), in accordance with the provisions of paragraph (3) of subsection b. of section 7 of P.L.1996, c.16 (C.52:34-6.2).

c. The State Treasurer may promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), which are necessary to effectuate the purposes of this section.

##### **§ 18A:64-64** Specification {#sec-18a-64-64 omnilex-key=us-nj-statutes--title-18a--18A:64-64}

All specifications for any purchase, contract or agreement governed by this article shall be drafted in a manner to encourage free, open and competitive bidding. In particular, no specifications under this article may:

a. Require a standard, restriction, condition or limitation not directly related to the purpose, function or activity for which the purchase, contract or agreement is made; or

b. Require that any bidder be a resident of, or that his place of business be located in, the county in which the purchase will be made or the contract or agreement performed, unless the physical proximity of the bidder is requisite to the efficient and economical purchase or performance of the contract or agreement; or

c. Discriminate on the basis of race, religion, sex or national origin; or

d. Require with regard to any purchase, contract or agreement the furnishing of any "brand name," although specifications may in all cases require "brand name or equivalent," nor shall materials or supplies which are patented or copyrighted be specified unless the resolution authorizing the purchase, contract or agreement sets forth the manner in which the special need for the patented or copyrighted materials or supplies is directly related to the performance or purpose for which the purchase, contract or agreement is made; or

e. Fail to include any option for renewal, extension or release which the State college may intend to exercise or require; or

f. Fail to include any terms and conditions necessary for the performance of any extra work; or

g. Fail to disclose any matter necessary to the substantial performance of the contract or agreement.

Any specification adopted by the State college which knowingly excludes prospective bidders by reason of the impossibility of performance, bidding or qualification by any but one bidder, except as provided herein, shall be null and void and of no effect, and the purchase, contract or agreement shall be readvertised, and the original purchase, contract or agreement shall be set aside by the board of trustees of the State college.

##### **§ 18A:64-65** Advertisement for bids; notice of revisions. {#sec-18a-64-65 omnilex-key=us-nj-statutes--title-18a--18A:64-65}

14. a. All advertisements for bids shall be published in a legal newspaper sufficiently in advance of the date fixed for receiving the bids to promote competitive bidding but in no event less than 10 days prior to that date for any construction projects or any other contract or purchase. In addition to being published in a legal newspaper, advertisements may also be posted using electronic data or media services, including the internet. The advertisement shall designate the manner of submitting and of receiving the bids and the time and place at which the bids will be received. If the published specifications provide for receipt of bids by mail, those bids which are mailed to the State college shall be sealed and shall be opened only at such time and place as all bids received are unsealed and announced. At that time and place, the contracting agent of the State college shall publicly receive the bids and thereupon immediately proceed to unseal them and publicly announce the contents, which announcement shall be made in the presence of any parties bidding or their agents who are then and there present. A proper record of the prices and terms shall be made. No bids shall be received after the time designated in the advertisement.

b. Notice of revisions or addenda to advertisements or bid documents relating to bids shall be published in a legal newspaper or newspapers no later than seven days, Saturdays, Sundays and holidays excepted, prior to the bid due date. The notice shall be provided to any person who has submitted a bid or who has received a bid package, in one of the following ways: (a) in writing by certified mail or (b) by certified facsimile transmission, meaning that the sender's facsimile machine produces a receipt showing date and time of transmission and that the transmission was successful or (c) by a delivery service that provides certification of delivery to the sender. Failure to advertise or provide proper notification of revisions or addenda to advertisements or bid documents related to bids as prescribed by this section shall prevent the acceptance of bids and require the readvertisement for bids.

Failure to obtain a receipt when good faith notice is sent or delivered to the address or telephone facsimile number on file with the State college shall not be considered failure by the State college to provide notice.

##### **§ 18A:64-66** Conformance to specifications {#sec-18a-64-66 omnilex-key=us-nj-statutes--title-18a--18A:64-66}

No bid shall be accepted which does not conform to the specifications furnished therefor. Nothing contained in this article shall be construed as depriving any State college of the right to reject all bids.

##### **§ 18A:64-67** Guaranty. {#sec-18a-64-67 omnilex-key=us-nj-statutes--title-18a--18A:64-67}

16. There may be required from any person bidding on any purchase, contract or agreement, advertised in accordance with law, that the bid be accompanied by a guaranty payable to the State college that, if the purchase, contract or agreement is awarded to him, he will enter into a contract therefor. The guaranty shall be in the amount of 10% of the bid but not in excess of $20,000.00, except as otherwise provided herein, and may be given, at the option of the bidder, by certified check, cashier's check or bid bond. For a construction contract the guaranty shall be in the amount of 10% of the bid. In the event that any law or regulation of the United States imposes any condition upon the awarding of a monetary grant to any State college, which condition requires a guaranty in an amount other than 10% of the bid or in excess of $20,000.00, the provisions of this section shall not apply and the requirements of the law or regulation of the United States shall govern.

The college may require a bid guaranty alone without also requiring a performance bond or other security in the contract.

##### **§ 18A:64-68** Provision of surety company bond, other security. {#sec-18a-64-68 omnilex-key=us-nj-statutes--title-18a--18A:64-68}

17. a. In addition to or independently of the guaranty which may be required pursuant to this article, the State college may require that the successful bidder provide a surety company bond or other security acceptable to the State college:

(1) For the faithful performance of all provisions of the advertisement for bids, the specifications and any other documents issued to bidders or a repair or maintenance bond; and

(2) In a form which may be required in the specifications or other documents issued to bidders.

b. In every case in which a performance bond is required, the requirement shall be set forth in the specifications or other documents issued to all bidders.

c. The State college shall require that all performance bonds be issued by a surety which meets the following standards:

(1) The surety shall have the minimum surplus and capital stock or net cash assets required by R.S.17:17-6 or R.S.17:17-7, whichever is appropriate, at the time the invitation to bid is issued; and

(2) With respect to all payment and performance bonds in the amount of $850,000 or more, (a) if the amount of the bond is at least $850,000 but not more than $3.5 million, the surety shall hold a current certificate of authority, issued by the United States Secretary of the Treasury pursuant to 31 U.S.C.s.9305, that is valid in the State of New Jersey as listed annually in the United States Treasury Circular 570, except that if the surety has been operational for a period in excess of five years, the surety shall be deemed to meet the requirements of this subparagraph if it is rated in one of the three highest categories by an independent, nationally recognized United States rating company that determines the financial stability of insurance companies, which rating company or companies shall be determined pursuant to standards promulgated by the Commissioner of Banking and Insurance by regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and (b) if the amount of the bond is more than $3.5 million, then the surety shall hold a current certificate of authority, issued by the United States Secretary of the Treasury pursuant to 31 U.S.C.s.9305, that is valid in the State of New Jersey as listed annually in the United States Treasury Circular 570 and, if the surety has been operational for a period in excess of five years, shall be rated in one of the three highest categories by an independent, nationally recognized United States rating company that determines the financial stability of insurance companies, which rating company or companies shall be determined pursuant to standards promulgated by the Commissioner of Banking and Insurance by regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). A surety subject to the provisions of subparagraph (b) of this paragraph which does not hold a certificate of authority issued by the United States Secretary of the Treasury shall be exempt from the requirement to hold such a certificate if the surety meets an equivalent set of standards developed by the Commissioner of Banking and Insurance through regulation which is at least equal, and may exceed, the general criteria required for issuance of a certificate of authority by the United States Secretary of the Treasury pursuant to 31 U.S.C.s.9305. A surety company seeking such an exemption shall, not later than the 180th day following the effective date of P.L.1995, c.384 (N.J.S.2A:44-143 et al.), certify to the appropriate State college that it meets that equivalent set of standards set forth by the commissioner as promulgated.

d. A State college shall not accept more than one payment and performance bond to cover a single construction contract. The State college may accept a single bond executed by more than one surety to cover a single construction contract only if the combined underwriting limitations of all the named sureties, as set forth in the most current annual revision of United States Treasury Circular 570, or as determined by the Commissioner of Banking and Insurance pursuant to R.S.17:18-9, meet or exceed the amount of the contract to be performed.

e. A board, officer or agent contracting on behalf of a State college shall not accept a payment or performance bond unless there is attached thereto a Surety Disclosure Statement and Certification to which each surety executing the bond shall have subscribed. This statement and certification shall be complete in all respects and duly acknowledged according to law, and shall have substantially the following form:

SURETY DISCLOSURE STATEMENT AND CERTIFICATION

, surety(ies) on the attached bond, hereby certifies(y) the following:

(1) The surety meets the applicable capital and surplus requirements of R.S.17:17-6 or R.S.17:17-7 as of the surety's most current annual filing with the New Jersey Department of Banking and Insurance.

(2) The capital (where applicable) and surplus, as determined in accordance with the applicable laws of this State, of the surety(ies) participating in the issuance of the attached bond is (are) in the following amount(s) as of the calendar year ended December 31, (most recent calendar year for which capital and surplus amounts are available), which amounts have been certified as indicated by certified public accountants (indicating separately for each surety that surety's capital and surplus amounts, together with the name and address of the firm of certified public accounts that shall have certified those amounts):

.

(3) (a) With respect to each surety participating in the issuance of the attached bond that has received from the United States Secretary of the Treasury a certificate of authority pursuant to 31 U.S.C.s.9305, the underwriting limitation established therein and the date as of which that limitation was effective is as follows (indicating for each such surety that surety's underwriting limitation and the effective date thereof):

.

(b) With respect to each surety participating in the issuance of the attached bond that has not received such a certificate of authority from the United States Secretary of the Treasury, the underwriting limitation of that surety as established pursuant to R.S.17:18-9 as of (date on which such limitation was so established) is as follows (indicating for each such surety that surety's underwriting limitation and the date on which that limitation was established):

.

(4) The amount of the bond to which this statement and certification is attached is $ .

(5) If, by virtue of one or more contracts of reinsurance, the amount of the bond indicated under item (4) above exceeds the total underwriting limitation of all sureties on the bond as set forth in item (3)(a) or (3)(b) above, or both, then for each such contract of reinsurance:

(a) The name and address of each such reinsurer under that contract and the amount of that reinsurer's participation in the contract is as follows:

; and

(b) Each surety that is party to any such contract of reinsurance certifies that each reinsurer listed under item (5)(a) satisfies the credit for the reinsurance requirement established under P.L.1993, c.243 (C.17:51B-1 et seq.) and any applicable regulations in effect as of the date on which the bond to which this statement and certification is attached shall have been filed with the appropriate public agency.

CERTIFICATE

(to be completed by an authorized certifying agent

for each surety on the bond)

I (name of agent), as (title of agent) for (name of surety), a corporation/mutual insurance company/other (indicating type of business organization) (circle one) domiciled in (state of domicile), DO HEREBY CERTIFY that, to the best of my knowledge, the foregoing statements made by me are true, and ACKNOWLEDGE that, if any of those statements are false, this bond is VOID.

(Signature of certifying agent)

(Printed name of certifying agent)

(Title of certifying agent)

##### **§ 18A:64-69** Time limit, return of bid guaranty. {#sec-18a-64-69 omnilex-key=us-nj-statutes--title-18a--18A:64-69}

18. The State college shall award the contract or reject all bids within such time as may be specified in the specifications or other documents issued to all bidders, but in no case more than 60 days, except the bids of any bidders who consent thereto, either before or after the 60-day period, may, at the request of the State college, be held for consideration for such longer period of time as may be agreed. Within three days, Sundays and holidays excepted, after the awarding of the contract and the approval of the successful bidder's performance bond, if any, the bid guaranty of the remaining bidders shall be returned to them.

##### **§ 18A:64-70** Awards to responsible bidder whose bid is most advantageous. {#sec-18a-64-70 omnilex-key=us-nj-statutes--title-18a--18A:64-70}

19. All contracts or agreements for the purchase of goods and services, as distinct from contracts or agreements for the construction of buildings and other improvements, which require public advertisement for bids shall be awarded by the board of trustees to the responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the State college, price and other factors considered, except that a bid may be disqualified due to prior negative experience pursuant to the provisions of section 10 of P.L.2021, c.417 (C.18A:64-70.1).

Prior to the award of any contract or agreement which does not require public advertisement, the estimated cost of which is 20 percent or more of the amount set forth in this act or, commencing January 1, 1985, 20 percent of the amount determined by the Governor pursuant to subsection b. of section 3 of this act, the contracting agent shall, except in the case of professional services, solicit quotations therefor whenever practicable, and the award thereof shall be made, in accordance with section 3 of this article, on the basis of the quotation, conforming to the request for proposals, which is most advantageous to the State college, price and other factors considered; however, if the contracting agent deems it impractical to solicit competitive quotations or having sought the quotations determines that the award should not be made on that basis, the contracting agent shall file a statement of explanation of the reason or reasons therefor, which shall be placed on file with the purchase, contract, or agreement.

##### **§ 18A:64-70.1** Disqualification of bidder, criteria. {#sec-18a-64-70.1 omnilex-key=us-nj-statutes--title-18a--18A:64-70.1}

10. a. A board of trustees of a State college may, by resolution approved by a majority of the board and subject to subsections b. and c. of this section, disqualify a bidder who would otherwise be determined to be the lowest responsible bidder or the responsible bidder whose bid would otherwise be determined to be most advantageous to the State college as applicable, if the board finds that a board of an institution of higher education in the State has had prior negative experience with the bidder within the past 15 years.

b. As used in this section, "prior negative experience" means any of the following:

(1) the bidder has been found, through either court adjudication, arbitration, mediation, or other contractually stipulated alternate dispute resolution mechanism, to have: failed to provide or perform goods or services; or failed to complete the contract in a timely manner; or otherwise performed unsatisfactorily under a prior contract with a State college;

(2) the bidder defaulted on a contract, thereby requiring a State college to utilize the services of another contractor to provide the goods or perform the services or to correct or complete the contract;

(3) the bidder defaulted on a contract, thereby requiring a State college to look to the bidder's surety for completion of the contract or tender of the costs of completion; or

(4) the bidder is debarred or suspended from contracting with any of the agencies or departments of the executive branch of the State of New Jersey at the time of the contract award, whether or not the action was based on experience with a State college.

c. The following conditions shall apply if the State college is contemplating a disqualification based on prior negative experience:

(1) The existence of any of the indicators of prior negative experience set forth in this section shall not require that a bidder be disqualified. In each instance, the decision to disqualify shall be made within the discretion of the State college and shall be rendered in the best interests of the State college.

(2) All mitigating factors shall be considered in determining the seriousness of the prior negative experience and in deciding whether disqualification is warranted.

(3) The bidder shall be furnished by the State college with a written notice (a) stating that a disqualification is being considered; (b) setting forth the reason for the disqualification; and (c) indicating that the bidder shall be accorded an opportunity for a hearing before the State college if the bidder so requests within a stated period of time. At the hearing, the bidder shall show good cause why the bidder should not be disqualified by presenting documents and testimony. If the State college determines that good cause has not been shown by the bidder, it may vote to find the bidder lacking in responsibility and, thus, disqualified.

(4) Disqualification shall be for a reasonable, defined period of time which shall not exceed five years.

(5) A disqualification, other than a disqualification pursuant to which a State college is prohibited by law from entering into a contract with a bidder, may be voided or the period thereof may be reduced, in the discretion of the State college, upon the submission of a good faith application under oath, supported by documentary evidence, setting forth substantial and appropriate grounds for the granting of relief, such as reversal of a judgment, or actual change of ownership, management or control of the bidder.

(6) An opportunity for a hearing need not be offered to a bidder whose disqualification is based on its suspension or debarment by an agency or department of the executive branch of the State of New Jersey. The term of such a disqualification shall be concurrent with the term of the suspension or debarment by the State agency or department.

##### **§ 18A:64-73** Liquidated damages {#sec-18a-64-73 omnilex-key=us-nj-statutes--title-18a--18A:64-73}

Any purchase, contract or agreement made pursuant to this article may include liquidated damages for the violation of any of the terms and conditions thereof or the failure to perform the contract or agreement in accordance with its terms, conditions or the terms and conditions of this article.

##### **§ 18A:64-74** Building construction {#sec-18a-64-74 omnilex-key=us-nj-statutes--title-18a--18A:64-74}

Purchases, contracts or agreements for the construction of buildings and other improvements shall be subject to all the terms and conditions of this article and to the terms and conditions of this subdivision H.

##### **§ 18A:64-75** Plans, specifications {#sec-18a-64-75 omnilex-key=us-nj-statutes--title-18a--18A:64-75}

24. All plans and specifications for the erection, alteration, improvement or repair of college buildings shall be drawn by or under the supervision of an appropriate officer employed by the college to whom these powers shall have been delegated by the Board of Trustees.

##### **§ 18A:64-76.1** Advertisements by contracting agent for bids; award of contracts. {#sec-18a-64-76.1 omnilex-key=us-nj-statutes--title-18a--18A:64-76.1}

2. a. Whenever the entire cost for the construction, alteration or repair of any building by a State college will exceed the amount determined pursuant to subsection b. of section 3 of P.L.1986, c.43 (C.18A:64-54), the contracting agent shall advertise for and receive in the manner provided by law:

(1) separate bids for branches of work in the following categories:

(a) the plumbing and gas fitting work;

(b) the refrigeration, heating and ventilating systems and equipment;

(c) the electrical work, including any electrical power plants, tele-date, fire alarm, or security systems;

(d) the structural steel and ornamental iron work;

(e) general construction, which shall include all other work and materials required for the completion of the project, or

(2) bids for all work and materials required to complete the entire project if awarded as a single contract, or

(3) both (1) and (2) above.

In the case of separate bids under paragraph (1) or (3) of this subsection, prime contractors for categories (a) through (d) shall not be required to name subcontractors in their bid. In the case of a single bid under paragraph (2) or (3), all bids submitted shall set forth the names and license numbers of all subcontractors to whom the general contractor will subcontract the work described in the foregoing categories (a) through (d). Subcontractors who furnish non-specialty trade work pursuant to category (e) in paragraph (1) of this subsection or subcontractors who furnish work to named subcontractors pursuant to categories (a) through (d) in paragraph (1) of this subsection shall not be named in the bid. Notwithstanding the foregoing provisions of this subsection, a State college may choose to require in its bid specification that a subcontractor shall be named in a bid when, in the case of paragraph (1), separate bids for each category, the work of that subcontractor exceeds 35 percent of the State college's estimated amount of value of the work, which shall be set forth in the bid specification.

b. Contracts shall be awarded to the lowest responsible bidder whose bid, conforming to the invitation for bids, will be the most advantageous to the State college, except that a bid may be disqualified due to prior negative experience pursuant to the provisions of section 10 of P.L.2021, c.417 (C.18A:64-70.1). Whenever two or more bids of equal amounts are the lowest bids submitted by responsible parties, the college may award the contract to any of the parties, as, in its discretion, it may determine.

##### **§ 18A:64-76.2** Methods of withholding of payment. {#sec-18a-64-76.2 omnilex-key=us-nj-statutes--title-18a--18A:64-76.2}

1. Whenever any contract, the total price of which exceeds $100,000, entered into by a State college, for the construction, reconstruction, alteration or repair of any building, structure, facility or other improvement to real property, requires the withholding of payment of a percentage of the amount of the contract, the contractor may agree to the withholding of payments in the manner prescribed in the contract, or may deposit with the State college registered book bonds, entry municipal bonds, State bonds or other appropriate bonds of the State of New Jersey, or negotiable bearer bonds or notes of any political subdivision of the State, the value of which is equal to the amount necessary to satisfy the amount that otherwise would be withheld pursuant to the terms of the contract. The nature and amount of the bonds or notes to be deposited shall be subject to approval by the State college. For purposes of this section, "value" shall mean par value or current market value, whichever is lower.

If the contractor agrees to the withholding of payments, the amount withheld shall be deposited, with a banking institution or savings and loan association insured by an agency of the Federal government, in an account bearing interest at the rate currently paid by such institutions or associations on time or savings deposits. The amount withheld, or the bonds or notes deposited, and any interest accruing on such bonds or notes, shall be returned to the contractor upon fulfillment of the terms of the contract relating to such withholding. Any interest accruing on cash payments withheld shall be credited to the State college.

##### **§ 18A:64-76.3** Provision for partial payments. {#sec-18a-64-76.3 omnilex-key=us-nj-statutes--title-18a--18A:64-76.3}

2. Any contract, the total price of which exceeds $100,000, entered into by a State college involving the construction, reconstruction, alteration, repair or maintenance of any building, structure, facility or other improvement to real property, shall provide for partial payments to be made at least once each month as the work progresses, unless the contractor shall agree to deposit bonds with the State college pursuant to section 1 of P.L.2013, c.147 (C.18A:64-76.2).

##### **§ 18A:64-76.4** Withholding by State college pending completion of contract. {#sec-18a-64-76.4 omnilex-key=us-nj-statutes--title-18a--18A:64-76.4}

3. a. With respect to any contract entered into by a State college pursuant to section 2 of P.L.2013, c.147 (C.18A:64-76.3) for which the contractor shall agree to the withholding of payments pursuant to section 1 of P.L.2013, c.147 (C.18A:64-76.2), 2% of the amount due on each partial payment shall be withheld by the State college pending completion of the contract.

b. Upon acceptance of the work performed pursuant to the contract for which the contractor has agreed to the withholding of payments pursuant to subsection a. of this section, all amounts being withheld by the State college shall be released and paid in full to the contractor within 45 days of the final acceptance date agreed upon by the contractor and the State college, without further withholding of any amounts for any purpose whatsoever, provided that the contract has been completed as indicated. If the State college requires maintenance security after acceptance of the work performed pursuant to the contract, such security shall be obtained in the form of a maintenance bond. The maintenance bond shall be no longer than two years and shall be no more than 100% of the project costs.

##### **§ 18A:64-76.5** Definitions. {#sec-18a-64-76.5 omnilex-key=us-nj-statutes--title-18a--18A:64-76.5}

10. As used in sections 10 through 17 of P.L.2021, c.71 (C.18A:64-76.5 through C.18A:64-76.12):

"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 Legislature of the State of New Jersey and any instrumentality or agency of the State of New Jersey or of any of its political subdivisions, authorizing the execution of a design-build contract.

"Contracting unit" means a government entity that enters into contracts pursuant to the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.).

"Delivery system" means the procedure used to develop and construct a project.

"Design-bid-build" means the delivery system used in public projects in which a licensed and prequalified design professional or designated employee develops the project design in its entirety; the contracting unit then solicits bids and awards the contract to the lowest responsible bidder that demonstrates the ability to complete the project specified in the design.

"Design-build contract" means a contract between a contracting unit and a design-builder to provide labor, materials, and other construction services for a public project. A design-build contract may be conditional upon subsequent refinements in scope and price, and may permit the contracting unit to make changes in the scope of the project without invalidating the design-build contract.

"Design-builder" means the entity, whether natural person, partnership, joint stock company, corporation, trust, professional corporation, business association, or other legal business entity or successor, that proposes to design and construct any public project, who is registered pursuant to the provisions of P.L.1999, c.238 (C.34:11-56.48 et seq.), and classified by the New Jersey Division of Property Management and Construction or the New Jersey Department of Transportation, where applicable, to perform work on a design-build project.

"Design professional" means the entity, whether natural person, partnership, joint stock company, corporation, trust, professional corporation, business association, or other legal business entity or successor that provides licensed and prequalified architectural, engineering, or surveying services in accordance with R.S.45:3-1 et seq., and P.L.1938, c.342 (C.45:8-27 et seq.), and that shall be responsible for planning, designing and observing the construction of the project or projects.

"Evaluation factors" means the requirements for the first phase of the selection process, and shall include, but not be limited to: specialized experience, training certification of professional and field workforce, technical competence, capacity to perform, safety modification rating, past performance and other appropriate factors. Price shall only be considered in the second phase of the selection process.

"Proposal" means an offer to enter into a design-build contract.

"Stipend" means the fee paid to a design-builder by the contracting unit to encourage competition.

##### **§ 18A:64-76.6** Entry into design-build contracts permitted. {#sec-18a-64-76.6 omnilex-key=us-nj-statutes--title-18a--18A:64-76.6}

11. 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 the project or projects under consideration, it shall be the public policy of this State to permit that contracting unit to enter into design-build contracts as defined in section 10 of P.L.2021, c.71 (C.18A:64-76.5), provided the following conditions are met:

(1) The contracting unit shall, prior to issuing solicitations, publish procedures consistent with regulations promulgated by the Secretary of Higher Education, where applicable for the solicitation and award of design-build contracts, and shall adhere to sections 10 through 17 of P.L.2021, c.71 (C.18A:64-76.5 through C.18A:64-76.12) and those procedures; and

(2) The contracting unit shall, for each public project or projects under sections 10 through 17 of P.L.2021, c.71 (C.18A:64-76.5 through C.18A:64-76.12), make a determination based on the timeliness of the project or projects that it is in the best interest of the public to enter into a design-build contract to complete the public project or projects.

b. All workers employed in a design-build construction project shall be paid the prevailing wage determined by the Commissioner of Labor pursuant to the provisions of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.).

c. All design-build construction projects shall be encouraged to adhere to the Leadership in Energy and Environmental Design Green Building Rating System as adopted by the United States Green Building Council, the Green Globes Program adopted by the Green Building Initiative, or a comparable nationally recognized, accepted, and appropriate sustainable development system.

##### **§ 18A:64-76.7** Procedures for awarding design-build contracts. {#sec-18a-64-76.7 omnilex-key=us-nj-statutes--title-18a--18A:64-76.7}

12. 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 of the contracting unit licensed to provide architectural, engineering, or surveying services, to provide technical advice, construction review services, and professional expertise on behalf of the contracting unit;

(2) The contracting unit shall develop, with the assistance of the design professional or designated employee, performance criteria and a scope of work statement that defines the project and provides prospective design-builders with sufficient information regarding the contracting unit's requirements. The statement shall include: evaluation factor criteria and preliminary design documents, general budget parameters, and general schedule or delivery requirements to enable the design-builders to submit proposals which meet the contracting unit's needs. When the design-build selection procedure is used and the contracting unit contracts for development of the scope of work statement, the design-builder shall contract for architectural or engineering services as defined by and in accordance with R.S.45:3-1 et seq., P.L.1938, c.342 (C.45:8-27 et seq.), and all other applicable licensing statutes;

(3) Once the contracting unit has developed a scope of work statement which adequately defines the contracting unit's requirements for the project or projects, the contracting unit shall solicit proposals of qualification from design-builders. The contracting unit shall solicit proposals of qualification in accordance with the requirements of the applicable public procurement laws of the State of New Jersey.

(4) The contracting unit shall establish a technical review committee, which shall consist of a representative of the contracting unit, the contracting unit's project manager, and the contracting unit's authorized design professional. The contracting unit's attorney may advise the technical review committee. The technical review committee shall have the responsibility to evaluate bids based on rating and scoring proposals, and shall evaluate design-builders based on their qualifications. A member of the technical review committee shall not have a personal or financial interest in any of the design-builders submitting proposals.

b. The factors used to evaluate proposals of qualification shall be stated in the solicitation and shall include, but not be limited to: specialized experience and technical competence, training certification of professional and field workforce, principal location of the company, capability to perform, safety modification rating, past performance of the individual members of the design-builder's team in their respective capacities, including the architect-engineer and construction members of the team, and other appropriate technical and qualification factors as determined by the Secretary of Higher Education, where applicable. Each solicitation for proposals of qualification shall establish the relative importance assigned to the evaluation factors and sub-factors to be considered.

c. A solicitation for proposals of qualification shall state the maximum number of design-builders that are to be selected to submit second proposals. The maximum number specified in the solicitation shall be at least two and shall not exceed six.

d. The contracting unit may offer a stipend, based upon the project size and type, which shall not exceed three percent of the project's estimated cost, to any design-builder providing design, construction information, or materials presented in response to a request for second proposals. This stipend is intended to encourage the submission of proposals and to increase competition.

e. On the basis of the proposal of qualification, the technical review committee shall select the most highly qualified number of design-builders specified in the solicitation and request the selected design-builders to submit a second proposal and sealed bid. Each solicitation for second proposals shall establish the relative importance assigned to the evaluation factors to be considered.

f. The technical review committee shall evaluate each second proposal based on the technical submission for the proposal, including design concepts or proposed solutions to requirements addressed within the scope of work, and the evaluation factors, including a minimum of 50 percent consideration based on the cost of the bid.

g. The contracting unit shall separately evaluate the submissions described above, and award the contract in accordance with section 16 of P.L.2021, c.71 (C.18A:64-76.11).

##### **§ 18A:64-76.8** Evaluation factors included in request for proposals. {#sec-18a-64-76.8 omnilex-key=us-nj-statutes--title-18a--18A:64-76.8}

13. a. Each request for proposals shall contain evaluation factors prepared by a design professional or designated employee as defined in section 10 of P.L.2021, c.71 (C.18A:64-76.5). The design professional or designated employee that develops the evaluation factors shall be disqualified from submitting a proposal to enter into the design-build contract, and the design-builder shall not be permitted to delegate services under the design-build contract to the design professional or designated employee that developed the evaluation factors.

b. The design professional or designated employee that develops the evaluation factors shall be either an employee of the contracting unit or shall be engaged in compliance with applicable New Jersey public procurement laws, and to the extent allowed by law may delegate the development of specific aspects of the design criteria to other consultants.

c. The contracting unit, in consultation with the design professional or designated employee, shall determine the scope and level of detail required for the evaluation factors. The evaluation factors should be detailed enough to permit qualified persons to submit proposals in accordance with the solicitation, given the nature of the public project and the level of design to be provided in the proposal.

##### **§ 18A:64-76.9** Inclusions in solicitations for design-build contract. {#sec-18a-64-76.9 omnilex-key=us-nj-statutes--title-18a--18A:64-76.9}

14. 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 be followed for submitting proposals, the criteria for evaluation of proposals and their relative weight, and the procedures for making awards, including a reference to the requirements of sections 10 through 17 of P.L.2021, c.71 (C.18A:64-76.5 through C.18A:64-76.12) and the regulations of the contracting unit;

(3) The proposed terms and conditions for the design-build contract;

(4) A description of the drawings, specifications, or other submittals to be submitted with the proposal, with guidance as to the form and level of completeness of the drawings, specifications, or submittals that shall be acceptable;

(5) A schedule for planned commencement and completion of the design-build contract;

(6) Budget limits for the design-build contract, if any;

(7) Affirmative action, disadvantaged business or set-aside goals or requirements for the design-build contract, in accordance with the requirements of all rules, regulations, standards, or policies adopted by the contracting unit;

(8) The required qualifications of the design-builder;

(9) Requirements for contractors and the design professional to have performance bonds, payment bonds, and insurance, and to meet all the qualifications of the Division of Property Management and Construction in the Department of the Treasury or the Department of Transportation where applicable; and

(10) A statement that the prospective design-builder is in compliance with all applicable laws, including the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), "The Public Works Contractor Registration Act," P.L.1999, c.238 (C.34:11-56.48 et seq.), and the "Construction Industry Independent Contractor Act," P.L.2007, c.114 (C.34:20-1 et seq.).

b. The solicitation may include any other information which the contracting unit in its discretion chooses to supply, including without limitation, surveys, soils reports, drawings or models of existing structures, environmental studies, photographs or references to public records.

c. Notice of solicitations shall be advertised in the same manner in which proposals generally are solicited for public projects.

##### **§ 18A:64-76.10** Inclusions in design-build team. {#sec-18a-64-76.10 omnilex-key=us-nj-statutes--title-18a--18A:64-76.10}

15. a. Each design-build team shall include a licensed or prequalified design professional independent from the contracting unit's licensed architect or engineer. The licensed or prequalified design professional shall be named in any proposal submitted to the contracting unit.

b. Proposals shall be sealed and shall not be opened until expiration of the time established for making proposals as set forth in the solicitation.

c. Proposals shall identify each person to whom the design-builder proposes to delegate obligations under the design-build contract. Persons so identified shall not be replaced without the approval of the contracting unit.

d. Proposals shall establish the cost of the design-build contract which shall not be exceeded if the proposal is accepted without change. Afterward, the maximum cost in the proposal may be converted to fixed prices by negotiated agreement between the contracting unit and the design-builder.

e. All proposals shall be received and opened at a previously announced time, where a synopsis of each shall be publicly read and recorded consistent with the provisions of subsection f. of this section.

f. Unless and until a proposal is accepted, the drawings, specifications and other information in the proposal shall remain the property of the person making the proposal. The contracting unit shall make reasonable efforts to maintain the secrecy and confidentiality of all proposals, and all information contained in the proposals, and shall not disclose the proposals or the information contained therein to the design-builders' competitors or the public. Once a proposal is accepted, the disclosure of the proposal and the information in the proposal, and the ownership of the drawings, specifications, and information therein, shall be determined in accordance with existing law and the terms of the design-build contract.

##### **§ 18A:64-76.11** Submission of received proposals. {#sec-18a-64-76.11 omnilex-key=us-nj-statutes--title-18a--18A:64-76.11}

16. 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 designated employee retained by the contracting unit that the proposal is consistent with the evaluation factors. No proposal for a design-build contract may be accepted unless the contracting unit determines that there was adequate competition for such contract.

b. The technical review committee shall score the technical proposals using the criteria and methodology set forth in the request for proposals in accordance with paragraph (2) of subsection a. of section 14 of P.L.2021, c.71 (C.18A:64-76.9) and make an award recommendation to the head of the contracting unit. The head of the contracting unit shall make the design-build contract award decision, consistent with the award recommendation.

c. The contracting unit shall evaluate the received technical proposals and price bid against the published factors and weighting to arrive at a composite score. The contracting unit shall make public the design-builder to be awarded the contract for the project. After the award decision is made, the contracting unit shall make public the sealed price bid for each proposal submitted to the contracting unit by a design-builder.

d. Acceptance of a proposal shall be made by written notice to the design-builder which submitted the accepted proposal. At the same time notice of acceptance is delivered, the contracting unit shall also inform, in writing, the other design-builders that their proposals were not accepted.

e. The contracting unit shall have the right to reject any and all proposals, except for the purpose of evading the provisions and policies of sections 10 through 17 of P.L.2021, c.71 (C.18A:64-76.5 through C.18A:64-76.12). The contracting unit shall solicit new proposals using the same evaluation factors, budget constraints, or qualifications, unless there has been a material change in circumstances affecting the needs of the contracting unit, including but not limited to an environmental issue, natural disaster, state of emergency, or unforeseen fiscal constraint.

f. Proposals may be withdrawn for any reason at any time prior to acceptance.

g. When a design-builder receives notification from a public body that the proposal, which it has submitted, has not been accepted, the design-builder may, within 30 days, request to review the design-build proposals submitted, the technical review committee evaluation scores from the selection process, and the final recommendation of award document. The design-builder shall submit this request in writing.

##### **§ 18A:64-76.12** Regulations. {#sec-18a-64-76.12 omnilex-key=us-nj-statutes--title-18a--18A:64-76.12}

17. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the Secretary of Higher Education shall adopt, immediately upon filing with the Office of Administrative Law, regulations that the Secretary of Higher Education deems necessary to implement the provisions of sections 10 through 17 of P.L.2021, c.71 (C.18A:64-76.5 through C.18A:64-76.12), which regulations shall be effective for a period not to exceed 180 days from the date of the filing. The Secretary of Higher Education shall thereafter amend, adopt, or readopt the regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

##### **§ 18A:64-77** Deduction for costs of completion. {#sec-18a-64-77 omnilex-key=us-nj-statutes--title-18a--18A:64-77}

26. All specifications for the doing of any construction work for a State college shall fix the date before which the work shall be completed, or the number of working days to be allowed for its completion, and every contract shall contain a provision that if the construction work is not completed by the date fixed for completion or in the number of days allowed for completion, as set forth in the specifications, there shall be a deduction from the contract price for any moneys paid by the college to other contractors for the completion of the project. This requirement shall not preclude the State college from seeking liquidated damages or other remedies.

##### **§ 18A:64-78** Sale of surplus personal property. {#sec-18a-64-78 omnilex-key=us-nj-statutes--title-18a--18A:64-78}

27. Any college may, by resolution of its board of trustees, authorize the sale in the following manner of its personal property not needed for college purposes:

a. If the estimated fair value of the property to be sold exceeds $100,000 or, commencing January 1,2005, the amount determined pursuant to subsection b. of section 3 of P.L.1986, c.43 (C.18A:64-54), in any one sale and the property does not consist of perishable goods, it shall be sold at public sale to the highest bidder.

b. Notice of the date, time and place of the public sale, together with a description of the items to be sold and the conditions of sale, shall be published once in a legal newspaper. Sales shall be held not less than seven nor more than 14 days after the publication of the notice thereof.

c. Personal property may be sold to the United States, the State of New Jersey, another college or to any body politic by private sale without advertising for bids.

d. If no bids are received, the property may then be sold at private sale without further publication or notice thereof but in no event at less than the estimated fair value; or the State college may, if it so elects, reoffer the property at public sale. As used herein, "estimated fair value" means the market value of the property if sold by a willing seller to a willing buyer less the cost to the college of continuing to store or maintain the property.

e. A State college may reject all bids if it determines a rejection to be in the public interest. In any case in which the college has rejected all bids, it may readvertise the personal property for a subsequent public sale. If it elects to reject all bids at a second public sale pursuant to this section, it may then sell the personal property without further publication or notice thereof at private sale, but in no event shall the negotiated price at the private sale be less than the amount of the highest bid rejected at the preceding two public sales, nor shall the terms or conditions of sale be changed or amended.

f. If the estimated fair value of the property to be sold does not exceed $100,000 or, commencing January 1, 2005, the amount determined pursuant to subsection b. of section 3 of P.L.1986, c.43 (C.18A:64-54), in any one sale or the property consists of perishable goods, it may be sold at private sale without advertising for bids.

##### **§ 18A:64-79** Multi-year contracts. {#sec-18a-64-79 omnilex-key=us-nj-statutes--title-18a--18A:64-79}

28. A State college may only enter into a contract exceeding 36 consecutive months for the:

a. Supplying of fuel and oil for heating and other purposes and utilities for any term not exceeding in the aggregate five years; or

b. Plowing and removal of snow and ice for any term not exceeding in the aggregate five years; or

c. Collection and disposal of garbage and refuse for any term not exceeding in the aggregate five years; or

d. Purchase, lease or servicing of information technology for any term of not more than five years; or

e. Insurance for any term of not more than five years; or

f. Leasing or service of automobiles, motor vehicles, machinery and equipment of every nature and kind for any term not exceeding in the aggregate five years; or

g. (Deleted by amendment, P.L.2005, c.369).

h. Providing of food supplies and services, including food supplies and management contracts for student centers, dining rooms, vending operations, and cafeterias, for a term not exceeding 30 years; or

i. Performance of work or services or the furnishing of materials or supplies for the purpose of conserving energy in buildings owned by, or operations conducted by, the contracting unit, the entire price of which is to be established as a percentage of the resultant savings in energy costs, for a term not exceeding 10 years; provided that a contract is entered into only subject to and in accordance with rules and regulations adopted and guidelines promulgated by the Board of Public Utilities establishing a methodology for computing energy cost savings; or

j. Any single project for the construction, reconstruction or rehabilitation of a public building, structure or facility, or a public works project, including the retention of the services of an architect, engineer, construction manager, or other consultant in connection with the project, for the length of time necessary for the completion of the actual construction; or

k. The management and operation of bookstores, performing arts centers, residence halls, parking facilities and building operations for a term not exceeding 30 years; or

l. The provision of banking, financial services, and e-commerce services for a term not exceeding five years; or

m. The provision of services for maintenance and repair of building systems, including, but not limited to, fire alarms, fire suppression systems, security systems, and heating, ventilation, and air conditioning systems for a term not exceeding five years; or

n. Purchase of alternative energy or the purchase or lease of alternative energy services or equipment for conservation or cost saving purposes for a term not exceeding 30 years.

All multiyear leases and contracts entered into pursuant to this section, except contracts and agreements for the provision of work or the supplying of equipment to promote energy conservation and authorized pursuant to subsection i. of this section, shall contain a clause making them subject to the availability and appropriation annually of sufficient funds to meet the extended obligation or contain an annual cancellation clause.

##### **§ 18A:64-81** Immunity {#sec-18a-64-81 omnilex-key=us-nj-statutes--title-18a--18A:64-81}

30. No action for damages shall lie against the Board of Higher Education, the Commission on Higher Education, the Presidents' Council, any State official, any State college or its board of trustees or any of its officers because of any action taken by virtue of the provisions of this article.

##### **§ 18A:64-82** Indemnification agreement. {#sec-18a-64-82 omnilex-key=us-nj-statutes--title-18a--18A:64-82}

31. Any State college may enter into an agreement indemnifying the New Jersey Educational Facilities Authority or the United States of America, or any board, body, officer or agency thereof, from any liability for loss or damage to the person or property of others resulting from any project financed or to be financed by the New Jersey Educational Facilities Authority for the benefit of the State college, any project undertaken or to be undertaken by the federal government for the benefit of the State college or any project the cost of which or any part thereof is to be paid out of federal funds.

##### **§ 18A:64-83** Validation {#sec-18a-64-83 omnilex-key=us-nj-statutes--title-18a--18A:64-83}

Any action, purchase, sale, contract or agreement taken, made or entered into prior to the effective date of this article is validated and confirmed; provided that in no event shall multi-year leases or contracts entered into prior to the effective date of this article be renewed or extended except in accordance with the terms and provisions of this article.

##### **§ 18A:64-84** Consultation with employee representatives {#sec-18a-64-84 omnilex-key=us-nj-statutes--title-18a--18A:64-84}

Prior to the conclusion of any contract or subcontract for the performance of work substantially similar to that performed by negotiations unit employees, a State college shall allow for reasonable consultation with the appropriate bargaining unit representative regarding such action. The negotiations unit's representative shall be entitled to review the supporting documentation concerning the purchase, contract or subcontract and to an assessment of the impact of that purchase, contract or subcontract on the negotiations unit employees of the college.

##### **§ 18A:64-85** State, county college may enter into certain contracts with a private entity. {#sec-18a-64-85 omnilex-key=us-nj-statutes--title-18a--18A:64-85}

43. a. (1) A State college or county college may enter into a contract with a private entity, subject to subsection f. of this section, to be referred to as a public-private partnership agreement, that permits the private entity to assume full financial and administrative responsibility for the on-campus or off-campus construction, reconstruction, repair, alteration, improvement, extension, management, or operation of a building, structure, or facility of, or for the benefit of, the institution, provided that the project is financed in whole or in part by the private entity and that the State or institution of higher education, as applicable, retains full ownership of the land upon which the project is completed.

(2) A public-private partnership agreement may include an agreement under which a State or county college and the private entity enter into a lease of a dormitory or other revenue-producing facility to which the college holds title, in exchange for up-front or structured financing by the private entity for the construction of classrooms, laboratories, or other academic or research buildings. Under the lease agreement, the college shall continue to hold title to the facility, and the private entity shall be responsible for the management, operation, and maintenance of the facility. The private entity shall receive some or all, as per the agreement, of the revenue generated by the facility and shall operate the facility in accordance with college standards. A lease agreement shall not affect the status or employment rights of college employees who are assigned to, or provide services to, the leased facility. At the end of the lease term, subsequent revenue generated by the facility, along with management, operation, and maintenance responsibility, shall revert to the college. A lease agreement entered into pursuant to this section shall be limited in duration to a term of not more than 30 years. A lease agreement shall be subject to all applicable provisions of current law governing leases by a State or county college not inconsistent with the provisions of this section. For the purposes of this section, "revenue-producing" shall include leaseback arrangements.

(3) Bundling of projects shall be prohibited. As used in this paragraph, "bundling" means the use of a solicitation for multiple projects in one single contract, through a public-private partnership project delivery method, the result of which restricts competition.

b. (1) A private entity that assumes full financial and administrative responsibility for a project pursuant to subsection a. of this section shall not be subject, unless otherwise set forth herein, to the procurement and contracting requirements of all statutes applicable to the institution of higher education at which the project is completed, including, but not limited to, the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.), and the "County College Contracts Law," P.L.1982, c.189 (C.18A:64A-25.1 et seq.). Any capital improvements and conveyance of personal property owned by the State shall not be subject to the approval of the State House Commission pursuant to R.S.52:20-1 et seq., or the State Legislature, provided the State Treasurer approves of such transfer as being necessary to meet the goals of this act, P.L.2018, c.90 (C.40A:11-52 et al.). Notwithstanding any provision of law to the contrary, any State or county college or public research university shall be empowered to enter into contracts with a private entity and its affiliates, unless otherwise set forth herein, without being subject to the procurement and contracting requirements of any statute applicable to the public entity or institution provided that the private entity has been selected by the institution of higher education pursuant to a solicitation of proposals or qualifications from at least two private entities, or it has received an unsolicited proposal and followed the procedure set forth in paragraph (2) of subsection k. of this section. For the purposes of this section, a public entity shall include the New Jersey Economic Development Authority or the New Jersey Educational Facilities Authority, and any project undertaken pursuant to subsection a. of this section of which the authority becomes the owner or lessee, or which is situated on land of which either of those authorities becomes the lessee, shall be deemed a "project" under "The New Jersey Economic Development Authority Act," P.L.1974, c.80 (C.34:1B-1 et seq.) or the "New Jersey educational facilities authority law," N.J.S.18A:72A-1 et seq., as appropriate.

(2) As the carrying out of any project described pursuant to this section constitutes the performance of an essential public function, all projects having the primary stated purpose of furthering the educational purposes of the institution undertaken pursuant to this section, provided it is owned by or leased to a public entity, any State or county college or public research university, non-profit business entity, foreign or domestic, or a business entity wholly owned by such non-profit business entity, shall at all times be exempt from property taxation and special assessments of the State, or any municipality, or other political subdivision of the State and, notwithstanding the provisions of section 15 of P.L.1974, c.80 (C.34:1B-15), section 2 of P.L.1977, c.272 (C.54:4-2.2b), or any other section of law to the contrary, shall not be required to make payments in lieu of taxes. The land upon which the project is located shall also at all times be exempt from property taxation. Further, the project and land upon which the project is located shall not be subject to the provisions of section 1 of P.L.1984, c.176 (C.54:4-1.10) regarding the tax liability of private parties conducting for profit activities on tax exempt land, or section 1 of P.L.1949, c.177 (C.54:4-2.3) regarding the taxation of leasehold interests in exempt property that are held by nonexempt parties.

(3) Prior to the commencement of work on a project, the private entity shall establish a construction account and appoint a third-party financial institution, who shall be prequalified by the State Treasurer, to act as a collateral agent, and to manage the construction account. The construction account shall include the funding, financial instruments, or both, that shall be used to fully capitalize and fund the project, and the collateral agent shall maintain a full accounting of the funds and instruments in the account. The funds and instruments in the construction account shall be held in trust for the benefit of the contractor, construction manager, and design-build team involved in the project. The funds and instruments in the construction account shall not be the property of the private entity unless all amounts due to the construction account beneficiaries are paid in full. The construction account shall not be designated for more than one project.

c. Each worker employed in the construction, rehabilitation, or building maintenance services of facilities by a private entity that has entered into a public-private partnership agreement with a State or county college pursuant to subsection a. of this section shall be paid not less than the prevailing wage rate for the worker's craft or trade as determined by the Commissioner of Labor and Workforce Development pursuant to P.L.1963, c.150 (C.34:11-56.25 et seq.) and P.L.2005, c.379 (C.34:11-56.58 et seq.).

d. (1) All building construction projects under a public-private partnership agreement entered into pursuant to this section shall contain a project labor agreement. The project labor agreement shall be subject to the provisions of P.L.2002, c.44 (C.52:38-1 et seq.), and shall be in a manner that to the greatest extent possible enhances employment opportunities for individuals residing in the county of the project's location. Further, the general contractor, construction manager, design-build team, or subcontractor for a construction project proposed in accordance with this paragraph shall be registered pursuant to the provisions of P.L.1999, c.238 (C.34:11-56.48 et seq.), and shall be classified by the Division of Property Management and Construction, or shall be prequalified by the Department of Transportation, New Jersey Transit, or the New Jersey Turnpike Authority, as appropriate, to perform work on a public-private partnership higher education project.

(2) All building projects proposed in accordance with this section shall be submitted to the State Treasurer, in consultation with the Secretary of Higher Education, and to the New Jersey Educational Facilities Authority, as to projects to be financed through the New Jersey Educational Facilities Authority, for review and approval in accordance with subsection f. of this section prior to the execution of the public-private partnership agreement in accordance with subsection k. of this section and, when practicable, are encouraged to adhere to the Leadership in Energy and Environmental Design Green Building Rating System as adopted by the United States Green Building Council, the Green Globes Program adopted by the Green Building Initiative, or a comparable nationally recognized, accepted, and appropriate sustainable development rating system.

(3) The general contractor, construction manager, or design-build team shall be required to post a performance bond to ensure completion of the project and a payment bond guaranteeing prompt payment of moneys due in accordance with and conforming to the requirements of N.J.S.2A:44-143 et seq.

e. (Deleted by amendment, P.L.2018, c.90)

f. (1) Prior to entering into a public-private partnership, the State or county college shall determine: (i) the benefits to be realized by the project; (ii) the cost of the project if it is developed by the public sector supported by comparisons to comparable projects; (iii) the maximum public contribution that the State or county college will allow under the public-private partnership; (iv) a comparison of the financial and non-financial benefits of the public-private partnership compared to other options including the public sector option; (v) a list of risks, liabilities and responsibilities to be transferred to the private entity and those to be retained by the State or county college; and (vi) if the project has a high, medium or low level of project delivery risk and how the public is protected from these risks.

(2) Prior to entering into a public-private partnership, the State or county college at a public meeting shall find that the project is in the best interest of the public by finding that: (i) it will cost less than the public sector option or if it costs more there are factors that warrant the additional expense; (ii) there is a public need for the project and the project is consistent with existing long-term plans; (iii) there are specific significant benefits to the project; (iv) there are specific significant benefits to using the public-private partnership instead of other options including No-Build; (v) the private development will result in timely and efficient development and operation; and (vi) the risks, liabilities and responsibilities transferred to the private entity provide sufficient benefits to warrant not using other means of procurement.

(3) All projects proposed in accordance with this section shall be submitted to the State Treasurer, in consultation with the Secretary of Higher Education, and the New Jersey Educational Facilities Authority is to be consulted if the project is to be financed through the New Jersey Educational Facilities Authority, for review and approval. The projects are encouraged, when practicable, to adhere to the green building manual prepared by the Commissioner of Community Affairs pursuant to section 1 of P.L.2007, c.132 (C.52:27D-130.6).

(4) All projects proposed in accordance with this section that have a transportation component or impact the transportation infrastructure shall be submitted to the State Treasurer, in consultation with the Commissioner of the Department of Transportation for review and approval.

(5) (a) In order for an application to be complete and considered by the State Treasurer, the application shall include, but not be limited to: (i) a full description of the proposed public-private partnership agreement between the State or county college and the private developer, including all information obtained by and findings of the State or county college pursuant to paragraphs (1) and (2) of this subsection; (ii) a full description of the project, including a description of any agreement for the lease of a revenue-producing facility related to the project; (iii) the estimated costs and financial documentation for the project showing the underlying financial models and assumptions that determined the estimated costs. The financial documentation shall include at least three different projected estimated costs showing scenarios in which materially different economic circumstances are assumed and an explanation for how the estimated costs were determined based on the three scenarios; (iv) a timetable for completion of the construction of the project; (v) an analysis of all available funding options for the project, including an analysis of the financial viability and advisability of the project, along with evidence of the public benefit in advancing the project as a public-private partnership; (vi) a record of the public hearing; and (vii) any other requirements that the State Treasurer deems appropriate or necessary. The application shall also include a resolution by the governing body of the State or county college of its intent to enter into a public-private partnership agreement pursuant to this section.

(b) As part of the estimated costs and financial documentation for the project, the application shall contain a long-range maintenance plan and a long-range maintenance bond and shall specify the expenditures that qualify as an appropriate investment in maintenance. The long-range maintenance plan shall be approved by the State Treasurer pursuant to regulations promulgated by the State Treasurer that reflect national building maintenance standards and other appropriate building maintenance benchmarks. All contracts to implement a long-range maintenance plan pursuant to this paragraph shall contain a project labor agreement. The project labor agreement shall be subject to the provisions of P.L.2002, c.44 (C.52:38-1 et seq.), and shall be in a manner that to the greatest extent possible enhances employment opportunities for individuals residing in the county of the project's location.

(6) The State Treasurer, in consultation with the Secretary of Higher Education and the New Jersey Educational Facilities Authority, shall review all completed applications, and request additional information as is needed to make a complete assessment of the project. No project shall commence the procurement process or negotiate a contract for an unsolicited proposal until approval has been granted by the State Treasurer. The State Treasurer shall find that: the criteria for assessing the project shall include, but may not be limited to: (i) the State's or county college's assumptions regarding the project's scope, its benefits, its risks and the cost of the public sector option were fully and reasonably developed; (ii) the design of the project is feasible; (iii) the experience and qualifications of the private entity are adequate; (iv) the financial plan is sound; (v) the long-range maintenance plan is adequate to protect the investment; (vi) the project is in the best interest of the public using the criteria in paragraph (2) of this subsection f.; and (vii) a resolution by the governing body of the State or county college of its intent to enter into a public-private partnership agreement for the project has been received; and (viii) the term sheet for any proposed procurement contains all necessary elements. Before the State or county college enters into a public-private partnership agreement, the project shall be submitted to the State Treasurer for final approval, provided, however, that the State Treasurer shall retain the right to revoke approval if the project has substantially deviated from the plan submitted pursuant to paragraph (2) of this subsection.

(7) The State Treasurer, in consultation with the Secretary of Higher Education, the New Jersey Economic Development Authority and the New Jersey Educational Facilities Authority, as to projects to be financed through the New Jersey Educational Facilities Authority, may promulgate any rules and regulations necessary to implement this subsection, including, but not limited to, provisions for fees to cover administrative costs, and for the determination of minimum State or county college standards for the operation of the project, and for the qualification for professional services, construction contracting, and other relevant qualifications.

g. (Deleted by amendment, P.L.2018, c.90)

h. A project with an expenditure of under $50 million developed under a public-private partnership agreement shall include a requirement that precludes contractors from engaging in the project if the contractor has contributed to the private entity's financing of the project in an amount of more than 10% of the project's financing costs.

i. The power of eminent domain shall not be delegated to any private entity under the provisions of P.L.2018, c.90 (C.40A:11-52 et al.); however, a State or county college may dedicate any property interest, including improvements, and tangible personal property of the State or county college for public use in a qualifying project if the State or county college finds that so doing will serve the public purpose of the project by minimizing the cost of the project to the State or county college or reducing the delivery time of a project.

j. Any public-private partnership agreement, if appropriate, shall include provisions affirming that the agreement and any work performed under the agreement are subject to the provisions of the "Construction Industry Independent Contractor Act," P.L.2007, c.114 (C.34:20-1 et seq.). Any public-private partnership agreement shall also include, at a minimum: (i) the term of the agreement; (ii) the total project cost; (iii) a completion date guarantee; (iv) a provision for damages if the private entity fails to meet the completion date; and (v) a maximum rate of return to the private entity and a provision for the distribution of excess earnings to the local government unit or to the private party for debt reduction.

k. (1) A private entity seeking to enter into a public-private partnership agreement with the State or county college shall be qualified by the State or county college as part of the procurement process, provided such process ensures that the private entity meets at least the minimum State or county college standards for qualification for professional services, construction contracting, and other qualifications applicable to the project, prior to submitting a proposal under the procurement process.

(2) A request for qualifications for a public-private partnership agreement shall be advertised at least 45 days prior to the anticipated date of receipt. The advertisement of the request for qualifications shall be published on the official Internet website of the State or county college and at least one or more newspapers with Statewide circulation.

(3) After the State or county college determines the qualified respondents utilizing, at minimum, the qualification standards promulgated by the State Treasurer, the State or county college shall issue a request for proposals to each qualified respondent no less than 90 days prior to the date established for submission of the proposals. The request for proposals shall include relevant technical submissions, documents, and the evaluation criteria to be used in the selection of the designated respondent. The evaluation criteria shall be, at minimum, criteria promulgated by the State Treasurer, in consultation with the New Jersey Economic Development Authority.

(4) The State or county college may accept unsolicited proposals from private entities for public-private partnership agreements. If the State or county college receives an unsolicited proposal and determines that it meets the standards of this section, the State or county college shall publish a notice of the receipt of the proposal on the Internet site of the State or county college, or through at least one or more newspapers with Statewide circulation, and provide notice of the proposal at its next scheduled public meeting and to the State Treasurer. To qualify as an unsolicited proposal, the unsolicited proposal shall at a minimum include a description of the public-private project, the estimated construction and life-cycle costs, a timeline for development, proposed plan of financing, including projected revenues, public or private, debt, equity investment or availability payments, description of how the project meets needs identified in existing plans, the permits and approvals needed to develop the project from local, state and federal agencies and a projected schedule for obtaining such permits and approvals, a statement of risks, liabilities and responsibilities to be assumed by the private entity. If a notice is published exclusively in newspapers, the notice shall appear in at least one or more newspapers with Statewide circulation where the proposed project is to be located. The notice shall provide that the State or county college will accept, for 120 days after the initial date of publication, proposals meeting the standards of this section from other private entities for eligible projects that satisfy the same basic purpose and need. A copy of the notice shall be mailed to each municipal and county local government body in the geographic area affected by the proposal.

(5) After the proposal or proposals have been received, and any public notification period has expired, the State or county college shall rank the proposals in order of preference. In ranking the proposals, the State or county college may consider factors that include, but may not be limited to, professional qualifications, general business terms, innovative engineering, architectural services, or cost-reduction terms, finance plans, and the need for State or county college funds to deliver the project and discharge the agreement. The private entity selected shall comply with all laws and regulations required by the State government entity, including but not limited to section 1 of P.L.2001, c.134 (C.52:32-44), sections 2 through 8 of P.L.1975, c.127 (C.10:5-32 to 38), section 1 of P.L.1977, c.33 (C.52:25-24.2), P.L.2005, c.51 (C.19:44A-20.13 et al.); P.L.2005, c.271 (C.40A:11-51 et al.), Executive Order No. 117 of 2008, Executive Order No. 118 of 2008, Executive Order No. 189, prior to executing the public-private partnership agreement. If only one proposal is received, the State or county college shall negotiate in good faith and, if not satisfied with the results of the negotiations, the State or county college may, at its sole discretion, terminate negotiations.

(6) The State or county college may require that the private entity assume responsibility for all costs incurred by the State or county college before execution of the public-private partnership agreement, including costs of retaining independent experts to review, analyze, and advise the State or county college with respect to the proposal.

(7) Stipends may be used on public-private partnership projects when there is a substantial opportunity for innovation and the costs for developing a proposal are significant. The State or county college may elect to pay unsuccessful proposers for the work product they submit with their proposal in response to a request for proposals. The use by the State or county college of any design element contained in an unsuccessful proposal shall be at the sole risk and discretion of the State or county college and shall not confer liability on the recipient of the stipulated stipend amount. After payment of the stipulated stipend amount, the State or county college and the unsuccessful proposer shall jointly own the rights to, and may make use of any work product contained in the proposal, including the technologies, techniques, methods, processes, ideas, and information contained in the proposal, project design, and project financial plan. The use by the unsuccessful proposer of any part of the work product contained in the proposal shall be at the sole risk of the unsuccessful proposer and shall not confer liability on the State or county college.

(8) The State or county college shall set aside one percent of each project and remit it to the Public Private Partnership Review fund established pursuant to P.L.2018, c.90 (C.40A:11-52 et al.), for purposes of plan review and analysis required under the bill.

(9) Nothing in this section shall be construed as or deemed a waiver of the sovereign immunity of the State, the State or county college, or an affected locality or public entity or any officer or employee thereof with respect to the participation in or approval of all or any part of the public-private project.

##### **§ 18A:64-85.1** State college, compliance; report of false certification. {#sec-18a-64-85.1 omnilex-key=us-nj-statutes--title-18a--18A:64-85.1}

4. a. A State college as defined in and subject to the provisions of the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.), shall implement and comply with the provisions of P.L.2022, c.3 (C.52:32-60.1 et al.), except that the State college shall rely on the list developed by the Department of the Treasury pursuant to subsection b. of section 1 of P.L.2022, c.3 (C.52:32-60.1).

b. If the State college determines that a person has submitted a false certification concerning its engagement in prohibited activities in Russia or Belarus pursuant to section 1 of P.L.2022, c.3 (C.52:32-60.1), the State college shall report to the New Jersey Attorney General the name of that person, and the Attorney General shall determine whether to bring a civil action against the person to collect the penalty prescribed in subsection c. of section 1 of P.L.2022, c.3 (C.52:32-60.1).

c. The State college may also report to the State college attorney the name of that person, together with its information as to the false certification, and the State college attorney may determine to bring such civil action against the person to collect such penalty.

##### **§ 18A:64-86** Definitions, State college risk management groups, joint liability funds. {#sec-18a-64-86 omnilex-key=us-nj-statutes--title-18a--18A:64-86}

1. As used in P.L.2010, c.99 (C.18A:64-86 set seq.):

"Board of trustees" or "trustees" means the board of trustees established pursuant to the bylaws of the public college risk management group to govern or manage the risk management programs, joint liability funds, and related services of the group.

"Certified audit" means an audit upon which an auditor expresses a professional opinion that the accompanying statements present fairly the financial position of a joint liability fund in conformity with generally accepted accounting principles consistently applied, and includes tests of the accounting records and other auditing procedures as considered necessary in the circumstances.

"Commissioner" means the Commissioner of Banking and Insurance.

"Contributions" means the moneys paid by a member of a public college risk management group in amounts as may be set by the board of trustees or other officers as provided in the group's bylaws for the purposes of participating in a joint liability fund or funds, or securing risk management programs or related services.

"Joint liability fund" or "fund" means a joint liability fund established by a public college risk management group pursuant to P.L.2010, c.99 (C.18A:64-86 et seq.). The joint liability fund is a fund of public moneys from contributions made by members of a public college risk management group for the purpose of securing insurance, risk management programs, or related services as authorized by this act.

"Public college risk management group" or "group" means an association formed by two or more four-year public institutions of higher education for the development, administration, and provision of risk management programs, joint liability funds for the payment of liabilities incurred by the institutions and not funded by the State of New Jersey pursuant to the provisions of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., and related services.

"Risk management program" means a plan, and activities carried out under the plan, by a public college risk management group to reduce risk of loss with respect to liabilities incurred by the four-year public institutions of higher education, including safety engineering and other loss prevention and control techniques. A risk management program also includes the administration of one or more joint liability funds, including the processing and defense of claims brought against or on behalf of members of the group.

##### **§ 18A:64-87** State college authorized, insure, contract, provide, certain insurable interests. {#sec-18a-64-87 omnilex-key=us-nj-statutes--title-18a--18A:64-87}

2. A four-year public institution of higher education is authorized to insure, contract or provide for any insurable interest of the institution in the manner authorized by section 3 of P.L.2010, c.99 (C.18A:64-86 et seq.), for the following:

a. Any loss or damage to its property, real or personal, motor vehicles, equipment or apparatus;

b. Loss or damage from liability as established by the "New Jersey Contractual Liability Act," N.J.S.59:13-1 et seq.;

c. Loss or damage from liability as established by the workers' compensation law, R.S.34:15-1 et seq.; and

d. Expenses of defending any claim against the institution, trustee, officer, employee or servant arising out of and in the course of the performance of their duties, whether or not liability exists on the claim, not eligible for defense and indemnification by the State of New Jersey in accordance with the provisions of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq.

##### **§ 18A:64-88** State college risk management group, formation, membership. {#sec-18a-64-88 omnilex-key=us-nj-statutes--title-18a--18A:64-88}

3. a. Any two or more four-year public institutions of higher education may form and become members of a public college risk management group. A four-year public institution of higher education may take this action by resolution of the governing board of the institution. Through membership in a public college risk management group, a four-year public institution of higher education may participate in any joint liability funds, risk management programs or related services offered or provided by the group. The group shall have the power to establish funds for coverages authorized in section 2 of P.L.2010, c.99 (C.18A:64-86 et seq.) and to jointly purchase insurance or coverages under a master policy or contract of insurance for participating members. The group shall have the power to take other actions necessary to developing, administering, and providing risk management programs, joint liability funds, joint insurance purchases, and related services.

b. The bylaws of the public college risk management group shall provide that any four-year public institution of higher education may join the group, provided it agrees to comply with the standards for membership, including risk management programs, which shall be established by the group, and may be a member as long as it complies with the standards for membership.

c. A public college risk management group may sue or be sued for the liabilities and coverages authorized by section 2 of P.L.2010, c.99 (C.18A:64-86 et seq.) and shall appoint a natural person residing in this State or a corporation authorized to do business in this State as its agent for service of process. The group shall notify the commissioner and the Office of the Attorney General of the appointment.

d. A public college risk management group shall not be considered or deemed to be an insurance company or an insurer under the laws of this State and the development, administration or provision by a group of joint liability funds, risk management programs, and related services shall not constitute the transaction of insurance or the conducting of an insurance business. A group shall not be subject to the provisions of Title 17, Subtitle 3 of the Revised Statutes.

##### **§ 18A:64-89** State college risk management group, bylaws. {#sec-18a-64-89 omnilex-key=us-nj-statutes--title-18a--18A:64-89}

4. a. The bylaws of a public college risk management group shall:

(1) set forth a statement of purposes of the group;

(2) set forth provisions for organization of the group, including governance by a board of trustees;

(3) provide for the delivery of risk management programs in conjunction with any joint liability fund which the board of trustees shall establish;

(4) set forth procedures to enforce the collection of any contributions or payments in default;

(5) set forth membership standards as required in section 3 of P.L.2010, c.99 (C.18A:64-86 et seq.);

(6) require that, for each joint liability fund, a contract or contracts of specific and aggregate excess insurance or reinsurance is maintained, if available, unless otherwise recommended by the trustees upon the advice and report of an independent actuary;

(7) set forth procedures for:

(a) withdrawal from the group and a fund by a member;

(b) termination of the group or fund and disposition of assets; and

(c) determining the obligations, if any, of a member in the event that the group is unable to pay indemnification obligations and expenses payable from a fund administered by it;

(8) require an annual certified audit to be prepared and filed with the commissioner;

(9) require that any joint liability fund be developed and operated in accordance with accepted and sound actuarial practices;

(10) provide that any expenditure of moneys in a fund be in furtherance of the purpose of the fund; and

(11) set forth other provisions as desired for operation and governance of the group.

b. The bylaws of a public college risk management group shall provide for governance of the group by a board of trustees selected in accordance with the provisions of the bylaws. The bylaws shall provide for trustee powers and duties and shall include, but not be limited to, the following powers of the board of trustees:

(1) to determine and establish contributions and rates, loss reserves, surplus, limits of coverage, limits of excess or reinsurance, coverage documents, dividends and other financial and operating policies of the group or fund;

(2) to invest moneys held in trust under a fund in investments which are approved for investment by regulation of the State Investment Council for surplus moneys of the State;

(3) to purchase, acquire, hold, lease, sell and convey real and personal property, all of which property shall be exempt from taxation under chapter 4 of Title 54 of the Revised Statutes;

(4) to collect and disburse all money due to or payable by the group, or authorize such collection and disbursement;

(5) to enter into contracts with other persons or with public bodies of this State for any professional, administrative or other services as may be necessary to carry out the purposes of the group or any fund;

(6) to purchase and serve as the master policyholders, if desired, for any insurance, including excess or reinsurance; and

(7) to do all other things necessary and proper to carry out the purposes for which the group is established.

##### **§ 18A:64-90** State college risk management group, board of trustees. {#sec-18a-64-90 omnilex-key=us-nj-statutes--title-18a--18A:64-90}

5. a. The board of trustees of a public college risk management group shall have not less than three or more than 15 trustees. A trustee shall be a natural person 18 years of age or older who is a resident of this State. A majority of the trustees of a group shall be members or employees of member institutions of higher education, provided that a trustee who ceases to be a member or employee of a four-year public institution of higher education may be allowed to serve for not more than 90 days following cessation without violating this provision.

b. A trustee shall not be paid a salary, except that the written trust instrument may provide for reimbursement for actual expenses incurred on behalf of the fund and for compensation not to exceed $200 for any day or portion of a day spent at a meeting of the trustees. Except as otherwise provided in this act, a trustee shall not enter into any contract with the group or receive any moneys or other compensation or thing of value whatsoever from the group for services performed for or on behalf of the group.

##### **§ 18A:64-91** Bylaws required, functioning; annual report. {#sec-18a-64-91 omnilex-key=us-nj-statutes--title-18a--18A:64-91}

6. a. A public college risk management group, or any joint liability fund of the group, shall not begin functioning as a means of providing coverage or protection for or among its members until the group's bylaws have been filed with and approved by the commissioner. The commissioner may disapprove the bylaws only if the bylaws do not conform with the provisions of P.L.2010, c.99 (C.18A:64-86 et seq.). The commissioner shall set forth the reasons for disapproval in writing. If the commissioner fails to approve or disapprove the bylaws within 60 days following filing of the bylaws with the commissioner, the bylaws shall be deemed approved. The reasonable costs of the commissioner's review of the bylaws shall be chargeable to the colleges seeking to establish the group.

b. A public college risk management group shall file an annual report, on a form to be prescribed by the commissioner, and shall include a financial statement of the group's assets and liabilities, the claims paid during the preceding 12 months, current reserves, incurred losses, and any other information that the commissioner may require.

c. The commissioner shall have authority to examine the books, records and affairs of any public college risk management group or any of its liability funds at a time to be fixed by the commissioner. The reasonable costs of any examination or review shall be chargeable to the public college risk management group.

d. If at any time the commissioner determines that the public college risk management group has experienced a deterioration in its financial condition which adversely affects or will adversely affect its ability to pay expected losses, the commissioner may:

(1) require an increase in the reserves of the group as required by section 4 of P.L.2010, c.99 (C.18A:64-86 et seq.); or

(2) require the purchase of excess insurance or reinsurance.

##### **§ 18A:64-92** Appropriation, payment, funds, premiums. {#sec-18a-64-92 omnilex-key=us-nj-statutes--title-18a--18A:64-92}

7. Funds for premiums required by the contract between the governing body of the four-year public institution of higher education and the board of trustees of the public college risk management group shall be appropriated and paid as set forth in the contract in the same manner as appropriations are made for other expenses of the four-year public institution of higher education.

##### **§ 18A:64-93** Rules, regulations. {#sec-18a-64-93 omnilex-key=us-nj-statutes--title-18a--18A:64-93}

8. The Commissioner of Banking and Insurance shall promulgate rules and regulations necessary to effectuate the purposes of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The rules and regulations shall include, but not be limited to, the establishment, operation, modification and dissolution of a public college joint liability fund established pursuant to the provisions of P.L.2010, c.99 (C.18A:64-86 et seq.).

##### **§ 18A:64-94** Findings, declarations relative to the New Jersey Civic Information Consortium. {#sec-18a-64-94 omnilex-key=us-nj-statutes--title-18a--18A:64-94}

1. The Legislature finds and declares that:

a. The people of New Jersey need accurate, relevant, timely, and trustworthy news and information to be civically engaged, make informed voting decisions, and work toward common solutions in their communities.

b. News media operations in the State have endured major cutbacks in recent years, resulting in less coverage of important State matters. These cutbacks not only hurt the news media's financial health, but also harm communities by reducing the news and civic information to which residents have access.

c. This situation has resulted in the need to authorize the establishment of, and to fund, the New Jersey Civic Information Consortium (consortium), a consortium of six State public universities, to advance research and innovation in the field of media and technology to better inform the State's communities to benefit the State's civic life and evolving information needs.

d. By leveraging the resources, knowledge, and expertise of the State's public universities through a partnership with The College of New Jersey, Kean University, Montclair State University, the New Jersey Institute of Technology, Rowan University, and Rutgers, The State University, the consortium could bolster public-interest journalism, civic information, and media innovation.

e. The consortium would provide grants that support news and information that benefit the State's civic life and meet the evolving information needs of New Jersey's underserved communities.

f. Investments from the consortium, supporting the State's academia, media, innovation, and community service sectors, could advance these goals while ensuring financial sustainability, accountability, and lasting public faith in both the consortium and the work it supports.

g. It is therefore necessary and in the public interest to establish the consortium and provide a funding source for the awarding of grants to organizations working to meet these goals.

##### **§ 18A:64-95** Definitions relative to the New Jersey Civic Information Consortium. {#sec-18a-64-95 omnilex-key=us-nj-statutes--title-18a--18A:64-95}

2. As used in P.L.2018, c.111 (C.18A:64-94 et seq.):

"Board of directors" or "board" means the board of directors of the New Jersey Civic Information Consortium established pursuant to section 3 of P.L.2018, c.111 (C.18A:64-96).

"Consortium" means the New Jersey Civic Information Consortium established pursuant to section 3 of P.L.2018, c.111 (C.18A:64-96).

"In-kind contribution" means a contribution of goods or services, other than a cash grant.

"Local community organization" means a locally-based organization serving a community of people having shared interests that is incorporated, organized, and operated in such a manner as to qualify as a nonprofit corporation described in section 501(c)(3) of the federal Internal Revenue Code, 26 U.S.C. s.501(c)(3).

"Member university" means The College of New Jersey, Kean University, Montclair State University, the New Jersey Institute of Technology, Rowan University, and Rutgers, The State University.

##### **§ 18A:64-96** New Jersey Civic Information Consortium. {#sec-18a-64-96 omnilex-key=us-nj-statutes--title-18a--18A:64-96}

3. a. There is established the New Jersey Civic Information Consortium which shall consist of the following member universities: The College of New Jersey; Kean University; Montclair State University; the New Jersey Institute of Technology; Rowan University; and Rutgers, The State University. The purpose of the consortium shall be to advance research and innovation in the field of media and technology to benefit the State's civic life and evolving information needs.

b. The consortium shall be established as a nonprofit corporation that is an educational and charitable corporation validly existing and in good standing under the "New Jersey Nonprofit Corporation Act," P.L.1983, c.127 (N.J.S.15A:1-1 et seq.), is incorporated, organized, and operated in such a manner as to qualify as a nonprofit corporation described in section 501(c)(3) of the federal Internal Revenue Code, 26 U.S.C. s.501(c)(3), and structured as a supporting organization to its member universities in a manner that the Internal Revenue Service would deem the consortium to be a public charity, and shall be subject to all applicable State laws governing nonprofit corporations. The consortium shall be accountable and subject to the same federal Internal Revenue Code disclosure requirements of any nonprofit organization pursuant to 26 U.S.C. s.6033, such as making public its Internal Revenue Service Form 990 and filing a copy of that form and a copy of its annual financial report and audited financial reports with the Attorney General.

##### **§ 18A:64-97** Board of directors. {#sec-18a-64-97 omnilex-key=us-nj-statutes--title-18a--18A:64-97}

4. a. The consortium shall have a board of directors that shall set strategic priorities and metrics to guide the consortium's grant-making and other initiatives, as well as to approve grants pursuant to section 7 of P.L.2018, c.111 (C.18A:64-100).

b. The board of directors shall consist of 16 members as follows:

(1) two members appointed by the Governor who shall not be of the same political party;

(2) one member appointed by the President of the Senate, and one member appointed by the Minority Leader of the Senate;

(3) one member appointed by the Speaker of the General Assembly, and one member appointed by the Minority Leader of the General Assembly;

(4) six members, no more than four of whom shall be of the same political party, appointed by the president of each member university, each of whom shall have background or experience in the field of journalism, media, or technology; and

(5) four members, no more than two of whom shall be of the same political party, appointed by a majority vote of the 12 board members appointed pursuant to paragraphs (1) through (4) of this subsection, of which: (a) one member shall represent the media sector; (b) one member shall represent the technology sector; and (c) two members, not employed by the State or a member university at the time of the member's appointment, shall have demonstrated a record of commitment to public service and understand the importance of media and technology to the State's future.

c. Each board member shall serve a term of four years and shall serve in one of four classes as determined by the board of directors. Members of the first class shall serve an initial term of one year, the second class an initial term of two years, the third class an initial term of three years, and the fourth class an initial term of four years. No board member shall serve more than two four-year terms. In the appointment of members to the board, every effort shall be made to strive for diversity and balance of representation according to gender, race, ethnicity, and geography within any limits allowed under law. Any vacancies in the appointed membership of the board occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only. Board members shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties within the limits of funds available to the board.

##### **§ 18A:64-98** Executive director. {#sec-18a-64-98 omnilex-key=us-nj-statutes--title-18a--18A:64-98}

5. a. The board shall appoint and employ an executive director, and fix the executive director's compensation and conditions of employment. The executive director shall be the chief executive, administrative, and operational officer of the consortium and shall direct and supervise the administrative affairs and the general management of the consortium. The executive director shall oversee the consortium's day-to-day operations, which includes working with the board to meet the consortium's goals and grant-making requirements, hiring and managing staff necessary to carry out the purpose of P.L.2018, c.111 (C.18A:64-94 et seq.), acting as spokesperson for the consortium's work, and raising funds from external sources. The executive director shall attend all meetings of the board.

b. (Deleted by amendment, P.L.2023, c.323)

c. To save on startup, operating, and ongoing administrative costs, one member university shall be responsible for housing the consortium and providing back-office support.

##### **§ 18A:64-99** Collaboration among member universities. {#sec-18a-64-99 omnilex-key=us-nj-statutes--title-18a--18A:64-99}

6. The consortium shall be a collaborative effort among the member universities. Each member university shall focus its initiatives on one area of expertise and the board of directors shall decide on each member university's focus of expertise in order to allow for greater collaboration among member universities, decrease competition for grants, and reduce redundancy of efforts. Member universities may collaborate on projects together, as well as seek out other academic institutions to partner with on seeking grants.

##### **§ 18A:64-100** Eligibility for grants; project goals. {#sec-18a-64-100 omnilex-key=us-nj-statutes--title-18a--18A:64-100}

7. a. To be eligible for a grant from the consortium, a grant proposal application shall include, but not be limited to:

(1) evidence of a collaboration between at least one academic or administrative representative of a member university and at least one local community organization, media organization, or technology-based organization;

(2) information demonstrating that the collaboration would be a mutually respectful partnership wherein all community and member university participants invest in a project designed to serve the consortium's mission and the goals cited pursuant to subsection b. of this section; and

(3) proof that the member university or universities in total will provide an amount of funding or make an in-kind contribution having a value that matches 10 percent of the amount of grant funding for which the applicant has applied, if one or more member universities acts as fiscal sponsor for the applicant. For a grant proposal application sponsored by a member university housing the consortium and providing back-office support pursuant to subsection c. of section 5 of P.L.2018, c.111 (C.18A:64-98), the cost of that housing and support to that member university shall count towards the funding or in-kind contribution match from that member university.

b. The consortium shall provide grants for projects that achieve the following goals:

(1) improve the quantity and quality of civic information in New Jersey communities;

(2) give residents enhanced access to useful government data and public information through innovative applications, platforms, and technologies;

(3) train students, professionals, and community members in the practice of community storytelling, journalism, and media production;

(4) nurture better civic engagement and dialogue inside and between New Jersey communities;

(5) better meet the information needs of low-income communities and racial and ethnic communities that have been underserved by the media; and

(6) invest in research and practices that can help media outlets become more closely connected to their audiences and more sustainable without government support.

c. Any unspent State appropriations to the consortium from one fiscal year shall be carried over to the next fiscal year.

##### **§ 18A:64-101** Grant agreement. {#sec-18a-64-101 omnilex-key=us-nj-statutes--title-18a--18A:64-101}

8. A grant issued by the consortium shall be in the form of a grant agreement. A grant agreement shall include a provision establishing a set of metrics for assessing the goals contained in the agreement to ensure evaluation of a grantee project on how well those metrics are being met and any other relevant accountability measures. The set of metrics shall be established by the board in conjunction with consortium staff. The agreement shall include the expectations stated between the consortium and the grantee, which shall include, but not be limited to, a statement that:

a. the grantee shall be independent from the influence of the State, a member university, and any other grantor or contributor of funds or outside source; and

b. any grantor or other contributor of funds to the grantee shall acknowledge in writing the grantor's or contributor's understanding that the grant or donation does not entitle the grantor or contributor to dictate or influence the content of any work the grantee produces or may produce.

##### **§ 18A:64-102** Annual report to Governor, Legislature; public hearings. {#sec-18a-64-102 omnilex-key=us-nj-statutes--title-18a--18A:64-102}

9. a. The consortium shall annually report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, on the activities of the consortium and make the report available on the consortium's Internet website. The report shall include, but not be limited to:

(1) a list of all grant applicants and approved grant applicants;

(2) the grant amounts of approved grant applicants;

(3) the amount of matching funds and types of in-kind contributions provided to approved grant applicants; and

(4) a status report on the activities funded by an approved grant applicant.

b. The consortium shall make available on its Internet website its grant-making criteria and other relevant documents.

c. The board, in conjunction with the executive director and program officers, shall hold one public hearing annually in the northern, central, and southern regions of the State. The public hearings shall provide a forum for the board to report on how the public funds that the consortium receives are spent and to gather public input on what the consortium's mission should be and whether the consortium is meeting its mission. Public input shall be used to assess whether the consortium's grant-making metrics and process for issuing grants needs to be changed.

## **Chapter 64A** {#struct-chapter-64a}

##### **§ 18A:64A-1** Definitions {#sec-18a-64a-1 omnilex-key=us-nj-statutes--title-18a--18A:64A-1}

As used in this chapter:

a. "Base year" means the fiscal year two years prior to that in which the budget is to be implemented; provided, however, for determining the level of State aid for fiscal 1982, the "base year" shall be the fiscal year three years prior to that in which the budget is to be implemented;

b. "Capital outlay expense" means those funds devoted to or required for the acquisition, landscaping or improvement of land; the acquisition, construction, reconstruction, improvement, remodeling, alteration, addition or enlargement of buildings or other structures; and the purchase of furniture, apparatus and other equipment;

c. "County college" means an educational institution established or to be established by one or more counties, offering programs of instruction, extending not more than two years beyond the high school, which may include but need not be limited to specialized or comprehensive curriculums, including college credit transfer courses, terminal courses in the liberal arts and sciences, and technical institute type programs;

d. "Educational and general costs" means expenditures of a county college according to regulations established by the State Treasurer;

e. "Local bond law" means the local bond law, chapters 1 and 2 of Title 40A of the New Jersey Statutes (N.J.S.40A:1-1 et seq.);

f. "Operational expense" means those funds devoted to or required for the regular or ordinary expenses of the college, including administrative, maintenance, minor capital and salary expenses but excluding capital outlay expenses;

g. "Elected public official" means a person elected to a public office in the State of New Jersey other than an elected representative serving on a board of education pursuant to the provisions of N.J.S.18A:12-1 and section 1 of P.L.1977, c.30 (C.18A:54-16.1).

##### **§ 18A:64A-2** Petition to establish a college {#sec-18a-64a-2 omnilex-key=us-nj-statutes--title-18a--18A:64A-2}

When the board of chosen freeholders of one or more counties, after study and investigation, shall deem it advisable for such county or counties to establish a county college, such board or boards of county freeholders may petition the Commission on Higher Education for permission to establish and operate a county college. A report shall be attached to such petition and shall include information on the higher educational needs of the county or counties, a description of the proposed county college, the proposed curriculum, an estimate of the cost of establishing and maintaining such county college, and any other information or data deemed pertinent.

The commission shall determine whether there is a need for such college and whether the county or counties have the financial capacity to support such college. If the commission finds such a need to exist and further finds that establishing and maintaining such college is financially feasible, it shall approve the petition and shall so notify the board or boards of chosen freeholders.

##### **§ 18A:64A-3** Upon approval, establishment of college by resolution; publication; public hearing; referendum petition {#sec-18a-64a-3 omnilex-key=us-nj-statutes--title-18a--18A:64A-3}

Whenever the board or boards of chosen freeholders receive notification that the Commission on Higher Education approves the establishment of a county college, each participating board may provide by resolution for the establishment of a county college in accordance with the provisions of this chapter. Prior to the final passage of said resolution, the board of chosen freeholders shall have published, in full, in a newspaper circulating in the county, the resolution together with the time and place of a public hearing to be had upon said resolution. Said publication shall be at least 10 days prior to the time fixed for the public hearing.

Within five days after passage, the resolution shall be published in full in a newspaper circulating in the county and a copy of said resolution shall be filed for public inspection with the clerk of the board of chosen freeholders and with the clerk of each municipality in said county. The resolution shall become effective in said county 45 days after passage unless there is filed with the county clerk within said 45 days, a petition requesting a referendum in said county signed by either five per cent or 10,000 of the registered voters of said county, whichever is lesser, or such a petition authorized by the governing body of a municipality or municipalities representing in total at least 15% of the population of said county. If such petition is so filed, the proposal for the establishment of a county college shall be submitted to the registered voters of said county at the next general election.

Where a county college is to be established by more than one county, similar resolutions authorizing the establishment of such county college shall be passed by the board of chosen freeholders in each participating county. If a petition such as is described above is filed in one or more said participating counties, then the proposal for the establishment of a county college shall be submitted to the registered voters of the county or counties in which such petition or petitions are filed.

The county clerk of each participating county shall notify the commission and the board of chosen freeholders of each other participating county upon the elapse of 45 days after the passage of the resolution in said county whether the question of the establishment of a county college is to be submitted to the registered voters of said county at the next general election.

##### **§ 18A:64A-4** Referendum; how conducted {#sec-18a-64a-4 omnilex-key=us-nj-statutes--title-18a--18A:64A-4}

If a proposal for the establishment of a county college is to be submitted to the registered voters of the county, the county clerk shall have published at least 10 days before said general election notice thereof in a newspaper circulating in the county and the county clerk shall have printed or cause to be printed on the official ballot to be used at such general election the following:

If you favor the proposition printed below, make a cross (X), plus (+) or check (!) mark in the square opposite the word "Yes." If you are opposed thereto, make a cross (X), plus (+) or check (!) mark in the square opposite the word "No."

Yes. Shall a county college be established in

....... pursuant to chapter 64A of Title 18A

No. of the New Jersey Statutes?

If a county college is to be established in one county, the name of the county, and if it is to be established in more than one county, the names of the counties, should be inserted in the question.

In any county in which voting machines are used the question shall be placed upon the official ballots to be used upon the voting machines without the foregoing instructions to the voters and shall be voted upon by the use of such machines without marking as aforesaid.

If the question of the establishment of a county college is submitted to the people of the county, that county clerk shall send notice of the results of said election to the commission and the board of chosen freeholders of each of the participating counties.

##### **§ 18A:64A-5** Upon approval, establishment of college in several counties {#sec-18a-64a-5 omnilex-key=us-nj-statutes--title-18a--18A:64A-5}

If at said election the proposal for the establishment of the county college is approved by a majority of all the votes cast both for and against said question in the county, then the board of chosen freeholders shall proceed to establish a county college.

Where the county college is to be established by more than one county, then the boards of chosen freeholders of the participating counties shall not establish a county college until the commission notifies said boards that a similar resolution of the board of chosen freeholders in each participating county has become effective upon the elapse of the 45-day period or the proposal for the establishment of a county college has been approved by a majority of the registered voters of said county at a general election.

##### **§ 18A:64A-6** Upon unfavorable vote, limitations on resubmission {#sec-18a-64a-6 omnilex-key=us-nj-statutes--title-18a--18A:64A-6}

If a majority of the votes in a county are cast against a proposal for the establishment of a county college, the board of chosen freeholders of such county may not establish a county college unless thereafter the board:

a. Submits a petition to the Commission on Higher Education in accordance with the provisions of section 18A:64A-2, and

b. Submits a proposal for the establishment of a county college at a general election and has it approved by a majority of the votes of the county voting thereon.

The board of chosen freeholders shall not resubmit a proposal which has been defeated to the voters of the county before the third general election thereafter; however, an alternate proposal may be submitted at any general election.

##### **§ 18A:64A-8** Boards of trustees; apportionment of membership where established in more than one county. {#sec-18a-64a-8 omnilex-key=us-nj-statutes--title-18a--18A:64A-8}

For each county college there shall be a board of trustees, consisting of the county superintendent of schools and 10 persons, eight of whom shall be appointed by the appointing authority of the county with the advice and consent of the board of chosen freeholders, at least two of whom shall be women and two of whom shall be appointed by the Governor, according to criteria and for such initial terms as shall be established. However, no trustee shall be appointed after July 1, 1994 who is an employee of a constituent county. The president of the college shall serve as an ex officio member of the board of trustees without vote. In addition, the student body of each county college shall be entitled to elect from the graduating class one representative to serve as a member on the board of trustees for a term of one year commencing at the first meeting of the board in July following graduation of his class. The student representative may be granted voting rights by a majority vote of the members of the board of trustees. If the board of trustees grants the student representative voting rights and all members of the board are present at the board meeting and there is a tie vote, the chairman shall break the tie.

The appointing authority of the county shall establish a trustee search committee of not less than five members who shall be residents of the county. The members of the trustee search committee shall not be elected public officials and shall not be eligible for appointment to the board of trustees for a period of six months after their service on the trustee search committee. The trustee search committee shall nominate individuals for consideration by the appointing authority of the county for appointment to the board of trustees.

When a county college is established by more than one county, the board of trustees shall be increased by two members for each additional participating county. The membership of the board of trustees shall be apportioned by the commission among the several counties as nearly as may be according to the number of inhabitants in each county as shown by the last federal census, officially received by the Governor of this State. Each apportionment shall continue in effect until a reapportionment shall become necessary by reason of receipt by the Governor of the next federal census or the enlargement of the board by the admission of one or more additional counties as provided for in section 18A:64A-24. Each county shall be entitled to have at least two members and the county superintendent of the schools of said county on the board of trustees.

##### **§ 18A:64A-9** Qualifications of appointed members of boards, terms of office, etc.; filling vacancies; no compensation of members {#sec-18a-64a-9 omnilex-key=us-nj-statutes--title-18a--18A:64A-9}

Appointed members of the board of trustees shall have been residents of the county for a period of four years prior to said appointment, and no elected public official or employee of the county college shall serve as a voting member of the board. The term of office of appointed members, except for the first appointments, shall be for four years. Each member shall serve until his successor shall have been appointed and qualified.

Vacancies shall be filled in the same manner as the original appointment for the remainder of the unexpired term. Any appointed member may be removed by the board of chosen freeholders of the appointing county for cause upon notice and opportunity to be heard. Members shall serve without compensation but shall be entitled to be reimbursed for all reasonable and necessary expenses.

A voting member of a board of trustees shall not be eligible to accept employment as an employee of the college at which he has served as a member of the board for a period of two years following resignation or expiration of his term as a member.

In the case of a county college established by one county, the terms of office of members initially appointed to the board of trustees by the appointing authority of the county shall be as follows: two persons shall receive terms of one year; two, terms of two years; two, terms of three years; and two, terms of four years.

In the case of a county college established by more than one county, the terms of the members initially appointed to the board of trustees shall be fixed so that as nearly as possible, one-quarter of the appointed members will receive terms of four years, one-quarter terms of three years, one-quarter terms of two years and the remainder terms of one year. Such terms shall be allocated by the commission among the participating counties, in accordance with the number of members on the board of trustees apportioned to each county, starting with the terms of four years, by allocating one of such terms to each of the participating counties in alphabetical order of the names of such counties, and continuing, still in such order, with the terms of three years, the terms of two years and the terms of one year.

Members initially appointed to the board may serve from the time of their respective appointments, but the term of such office shall be deemed to commence as of November 1 of the year in which the appointment was made.

##### **§ 18A:64A-10** County college board officers {#sec-18a-64a-10 omnilex-key=us-nj-statutes--title-18a--18A:64A-10}

The board of trustees of a county college shall organize annually in November by the election of a chairman, vice chairman and such other officers as the board shall determine.

##### **§ 18A:64A-11** Boards of trustees bodies corporate; designation, custody and responsibility for property and management and control of college; annual report {#sec-18a-64a-11 omnilex-key=us-nj-statutes--title-18a--18A:64A-11}

The board of trustees shall be a body corporate and shall be known as the "board of trustees of ........" (here insert the name of the county college).

The board of trustees shall have custody of and be responsible for the property of the college and shall be responsible for the management and control of said college. The board shall make an annual report to the Commission on Higher Education and to the board of chosen freeholders of each participating county.

##### **§ 18A:64A-12** General powers of board. {#sec-18a-64a-12 omnilex-key=us-nj-statutes--title-18a--18A:64A-12}

For the effectuation of the purposes of this chapter, the board of trustees of a county college in addition to such other powers expressly granted to it by law, is hereby granted the following powers:

a. To adopt or change the name of the county college;

b. To adopt and use a corporate seal;

c. To sue and be sued;

d. To determine the educational curriculum and program of the college consistent with the programmatic mission of the institution or approved by the Commission on Higher Education;

e. To appoint and fix the compensation and term of office of a president of the college who shall be the executive officer of the college and an ex officio member of the board of trustees;

f. To appoint, upon nomination of the president, members of the administrative and teaching staffs and fix their compensation and terms of employment subject to the provisions of N.J.S.18A:64A-13;

g. To appoint or employ, upon nomination of the president, such other officers, agents and employees as may be required to carry out the provisions of this chapter and to fix and determine their qualifications, duties, compensation, terms of office and all other conditions and terms of employment and retention;

h. To fix and determine tuition rates and other fees to be paid by students;

i. To grant diplomas, certificates or degrees;

j. To enter into contracts and agreements with the State or any of its political subdivisions or with the United States, or with any public body, department or other agency of the State or the United States or with any individual, firm or corporation which are deemed necessary or advisable by the board for carrying out the provisions of this chapter;

k. To accept from any government or governmental department, agency or other public or private body or from any other source grants or contributions of money or property which the board may use for or in aid of any of its purposes;

l. To acquire (by gift, purchase, condemnation or otherwise), own, lease, use and operate property, whether real, personal or mixed, or any interest therein, which is necessary or desirable for college purposes;

m. To determine that any property owned by the county college is no longer necessary for college purposes and to sell the same at such price and in such manner and upon such terms and conditions as shall be established by the board;

n. To exercise the right of eminent domain, pursuant to the provisions of Title 20, Eminent Domain, of the Revised Statutes, to acquire any property or interest therein;

o. To make and promulgate such rules and regulations, not inconsistent with the provisions of this chapter or with the rules and regulations promulgated hereunder that are necessary and proper for the administration and operation of a county college and to implement the provisions of this chapter;

p. To exercise all other powers, not inconsistent with the provisions of this chapter or with the rules and regulations promulgated hereunder which may be reasonably necessary or incidental to the establishment, maintenance and operation of a county college; and

q. To establish and maintain a dedicated reserve fund for minor capital needs which in any given year shall not exceed 3% of the replacement value of the college's physical plant.

##### **§ 18A:64A-13** Teaching staff, employees and administrative officers other than president; rights and privileges. {#sec-18a-64a-13 omnilex-key=us-nj-statutes--title-18a--18A:64A-13}

The teaching staff employees and administrative officers other than the president of the county college are hereby held to possess all the rights and privileges of teachers employed by local boards of education. The president and teaching staff members shall be eligible for membership in the teachers' pension and annuity fund.

For the benefit of its other officers and employees, the county college, as a public agency, may elect to participate in the public employees' retirement system.

##### **§ 18A:64A-13.1** County college employee permitted to waive health care coverage. {#sec-18a-64a-13.1 omnilex-key=us-nj-statutes--title-18a--18A:64A-13.1}

3. Notwithstanding the provisions of any other law to the contrary, a county college that enters into a contract providing group health care benefits to its employees may allow any employee who is eligible for other health care coverage to waive coverage under the county college's plan to which the employee is entitled by virtue of employment with the county college. The waiver shall be in such form as the county college shall prescribe and shall be filed with the county college. In consideration of filing such a waiver, a county college may pay to the employee annually an amount, to be established in the sole discretion of the county college, which shall not exceed 50% of the amount saved by the county college because of the employee's waiver of coverage, and, for a waiver filed on or after the effective date of P.L.2010, c.2, which shall not exceed 25%, or $5,000, whichever is less, of the amount saved by the county college because of the employee's waiver of coverage. An employee who waives coverage shall be permitted to resume coverage under the same terms and conditions as apply to initial coverage if the employee ceases to be covered through the other health care coverage for any reason, including, but not limited to, the retirement or death of the employee's spouse or divorce. An employee who resumes coverage shall repay, on a pro rata basis, any amount received which represents an advance payment for a period of time during which coverage is resumed. An employee who wishes to resume coverage shall file a declaration with the county college in such form as the county college shall prescribe, that the waiver is revoked. The decision of a county college to allow its employees to waive coverage and the amount of consideration to be paid therefor shall not be subject to the collective bargaining process.

##### **§ 18A:64A-13.1a** Premiums paid by county college employees. {#sec-18a-64a-13.1a omnilex-key=us-nj-statutes--title-18a--18A:64A-13.1a}

16. Commencing on the effective date of P.L.2010, c.2 and upon the expiration of any applicable binding collective negotiations agreement in force on that effective date, employees of a county college shall pay 1.5 percent of base salary, through the withholding of the contribution from the pay, salary or other compensation, for health care benefits coverage provided by the employer, notwithstanding any other amount that may be required additionally by the employer or through collective negotiations agreements for such coverage. This section shall apply also when the health care benefits coverage is provided through an insurance fund or joint insurance fund or in any other manner.

##### **§ 18A:64A-13.2** County college board of trustees, notices of certain layoffs; required. {#sec-18a-64a-13.2 omnilex-key=us-nj-statutes--title-18a--18A:64A-13.2}

1. The board of trustees of a county college shall provide to a member of the non-academic support staff who has been employed for at least one year a notice not less than 30 days prior to the date of the layoff of the member which is necessary for reasons of financial exigency or enrollment decline. If the member has been employed for less than one year, the board shall provide a notice of not less than 14 days prior to the date of the layoff of the member which is necessary for reasons of financial exigency or enrollment decline. The provisions of this section shall not apply to a negotiated agreement in which the deadlines for such notices exceed the applicable 30 days or 14 days.

##### **§ 18A:64A-14** Selling, giving or leasing property to boards {#sec-18a-64a-14 omnilex-key=us-nj-statutes--title-18a--18A:64A-14}

Counties, municipalities, school districts or special schools may sell, give or lease any of their property, including county or municipal funds, to the board of trustees of a county college.

##### **§ 18A:64A-15** Boards of school estimate {#sec-18a-64a-15 omnilex-key=us-nj-statutes--title-18a--18A:64A-15}

Each county college shall have a board of school estimate.

In the case of a county college established by one county, such board shall consist of the chairman of the board of chosen freeholders, two members of the board of chosen freeholders appointed by that board and two members of the board of trustees appointed by that board.

In the case of a county college established by more than one county, such board shall consist of the chairman of the board of chosen freeholders from each participating county, one member of the board of chosen freeholders from each participating county appointed by that board and one member of the board of trustees from each participating county appointed by that board.

##### **§ 18A:64A-16** Appointments to boards of school estimate; filling vacancies; secretary; powers {#sec-18a-64a-16 omnilex-key=us-nj-statutes--title-18a--18A:64A-16}

Appointments to the board of school estimate shall be made annually on or before December 1 and any vacancy in the board's membership by reason of the resignation, death or removal of any member thereof shall be filled by the board which originally appointed the members. The secretary of the board of trustees shall be the secretary of the board of school estimate but shall receive no additional compensation therefor.

The board of school estimate shall fix and determine by official action taken at a public meeting of the board the amount of money necessary to be appropriated for use of the county college for the operation and capital outlay expenses for the school year, exclusive of the amount to be received from the state and other sources.

##### **§ 18A:64A-17** Method of fixing amounts necessary for operation and capital outlay expenses of college; certification; apportionment between participating counties {#sec-18a-64a-17 omnilex-key=us-nj-statutes--title-18a--18A:64A-17}

On or before February 1 in each year, the board of trustees of the county college shall prepare and deliver to each member of the board of school estimate an itemized statement of the amount of money estimated to be necessary for the operation and capital outlay expenses for the ensuing year. Said board of trustees shall, at the same time, fix a date, place and time for the holding of a public hearing by the board of school estimate with respect to said itemized statement of the amount of money estimated to be necessary for the operation and capital outlay expenses for the ensuing year and with respect to the various items and purposes for which said money is to be appropriated, which date shall be between February 1 and February 15 and which date shall be not less than seven days after the publication of said itemized statement as herein provided and shall cause notice of such public hearing and said statement to be published at least once in at least one newspaper published in the county not less than seven days prior to the date fixed for such public hearing, and said notice shall also set forth that said itemized statement will be on file and open to examination of the public, between reasonable hours to be fixed therein, and, at a place to be named therein, from the date of said publication until the date of the holding of said public hearing and said board of trustees shall cause said itemized statement to be on file and open to the examination of the public accordingly and to be produced at said public hearing for the information of those attending the same.

On the date and at the time and place so fixed by the board of trustees for such public hearing, the board of school estimate shall at a public hearing grant the taxpayers and other interested persons an opportunity to present objections and to be heard with respect to said itemized statement of the amount of money estimated to be necessary for the operation and capital outlay expenses for the ensuing year and with respect to the various items and purposes for which said money is to be appropriated and at or after said public hearing but not later than February 15 of each year, the board of school estimate shall fix and determine, by official action taken at a public meeting of the board, the amount of money necessary for the operation and capital outlay expenses of the college for the ensuing year, exclusive of the amount to be received from the State and from other sources.

The board of school estimate shall, on or before February 15 of each year, make a certificate of such amount signed by at least a majority of its members. Copies thereof shall be delivered to the board of trustees of the college and to each participating board of chosen freeholders.

In the case of a county college established by more than one county, the amount to be raised for the annual operation and capital outlay expenses shall be apportioned among the participating counties upon the basis of apportionment valuations, as defined in R.S.54:4-49. In the case of a county college joinder created pursuant to N.J.S.18A:64A-24 subsequent to the enactment of P.L.1998, c.140, the amount to be raised for the annual operation and capital outlay expenses may be apportioned among the participating counties upon the basis of apportionment valuations, as defined in R.S.54:4-49; or, upon the basis of unweighted student credit hours; or upon the basis of any combination of apportionment valuations and unweighted student credit hours. The certificate of the board of school estimate shall certify the proportioned part of the total to be raised by each participating county. In the case of a county college joinder created pursuant to N.J.S.18A:64A-24 subsequent to the enactment of P.L.1998, c.140, operational expenses shall include any facility use fee or other charge which may be agreed upon by the participating counties and the board of trustees upon the approval of a majority of the members of the board of school estimate.

##### **§ 18A:64A-18** Appropriation of amounts to be raised by boards of chosen freeholders and raising by taxation {#sec-18a-64a-18 omnilex-key=us-nj-statutes--title-18a--18A:64A-18}

The board of chosen freeholders shall, upon receipt of the certificate, appropriate the amount of the operation expenses certified therein, in the same manner as other appropriations are made by said board and the amount shall be assessed, levied and collected in the same manner as moneys appropriated for other purposes in the counties are appropriated, levied and collected.

##### **§ 18A:64A-19** Issuance of bonds {#sec-18a-64a-19 omnilex-key=us-nj-statutes--title-18a--18A:64A-19}

(1) Whenever the board of trustees of a county college shall decide that it is necessary to raise money for the purpose of acquiring or improving lands or buildings for use by the college or erecting, enlarging, improving, altering, reconstructing, furnishing or equipping buildings or other structures for use by the college, it may, in lieu of proceeding in accordance with N.J.S.18A:64A-16 and 18A:64A-17, at any time prepare and deliver to each member of the board of school estimate a statement of the estimated cost of such purpose and of the amount of money estimated by the board of trustees to be then needed for such purpose. If the amount of money so estimated shall include any funds expected to be received for said purpose as State or federal aid, such statement shall specify the amount and source of said funds and may include an agreement by the board of trustees to repay the county, out of the said funds when received, for any amounts appropriated by any county for the county college in anticipation of said funds. After receipt of such statement, the board of school estimate shall fix and determine the sum of money then needed for the purpose specified in said statement and the amount thereof to be raised by the participating county or counties which shall, if there be two or more such counties, be apportioned among them upon the basis of apportionment valuations as defined in R.S.54:4-49 and which may include amounts expected to be repaid as aforesaid by the board of trustees. In the case of a county college joinder created pursuant to N.J.S.18A:64A-24 subsequent to the enactment of P.L.1998, c.140, the amount to be raised may be apportioned among the participating counties upon the basis of apportionment valuations as defined in R.S.54:4-49; or, upon the basis of unweighted student credit hours; or upon the basis of any combination of apportionment valuations and unweighted student credit hours; or in proportion to the percentage of bonds to be issued by each county for the project as may be agreed upon by the participating counties and the board of trustees. The board of school estimate shall thereupon make a certificate of such sum and amount or amounts signed by at least a majority of its members, and copies thereof and of the statement received from the board of trustees shall be delivered to the board of trustees and to the board of chosen freeholders of each participating county.

(2) The board of chosen freeholders of a participating county upon receipt of any such certificate shall appropriate the amount certified therein for the purpose therein specified, or upon receipt of a certificate as provided in N.J.S.18A:64A-17 shall appropriate the amount of the capital outlay expenses certified therein, either:

(a) By the method provided for in N.J.S.18A:64A-18; or

(b) By a bond ordinance authorizing the issuance of bonds or notes of the county to finance such appropriation and purpose adopted in accordance with the limitations and any exceptions thereto, and in the manner or mode of procedure, prescribed by the local bond law, and the sale and issuance of said bonds or notes pursuant to the local bond law; provided, however, that no down payment shall be required and the provisions of N.J.S.40A:2-11 of the local bond law shall not be applicable to such bond ordinance and that the purpose for which the bonds or notes are to be issued may be stated and identified as and shall be the purpose specified in said certificate notwithstanding that the appropriation therefor may be sufficient only for planning or other preliminary or initial expenses in connection therewith or may be made in anticipation of State or federal aid expected to be received for said purpose and applied to repayment to the county.

(3) The proceeds of the sale of such bonds or notes shall be paid to the treasurer of the county college and shall be paid out by him only on the warrants or orders of the board of trustees of the county college. The treasurer shall in no event disburse such proceeds, except to pay and retire any such notes and pay the expenses of issuing and selling such bonds or notes and for the purpose or purposes for which such bonds or notes were issued. If for any reason any part of such proceeds are not applied to or necessary for such purpose or purposes, the board of trustees of the county college may transfer the balance remaining unapplied to the capital outlay account of the county college.

(4) Except with the concurrence and consent of the board of chosen freeholders of the county expressed by resolution, no amount shall be appropriated under this section which, if added to the amount of bonds or notes of the county for county college purposes outstanding or authorized but unissued at the date of such appropriation, shall exceed an amount equal to one half of one per cent of the equalized valuation basis of said county as shown on the annual debt statement of the county last filed pursuant to the local bond law.

##### **§ 18A:64A-20** Emergency appropriation for college purposes {#sec-18a-64a-20 omnilex-key=us-nj-statutes--title-18a--18A:64A-20}

If the board of trustees shall determine that it is necessary in any school year to raise money in addition to the amount in its annual budget for such year for:

(1) current expenses for the operation and maintenance of the college when the amount necessary therefor was underestimated in the budget;

(2) repair or utilization of property destroyed or made unsuitable by accident or other unforeseen cause; or

(3) meeting emergencies arising since the preparation of such budget;

the board shall prepare and deliver to each member of the board of school estimate a statement of the amount of money determined to be necessary therefor.

The board of school estimate shall meet within a reasonable time after the delivery of the statement and fix and determine the amount necessary for such purpose or purposes. In the case of a county college established by more than one county, the board shall apportion upon the basis of the apportionment valuations as defined in R.S.54:4-49, such amount among the participating counties. In the case of a county college joinder created pursuant to N.J.S.18A:64A-24 subsequent to the enactment of P.L.1998, c.140, the amount to be raised may be apportioned among the participating counties upon the basis of apportionment valuations, as defined in R. S. 54:4-49; or, upon the basis of unweighted student credit hours; or upon the basis of any combination of apportionment valuations and unweighted student credit hours as determined by the board of school estimate. The board shall then certify the amount so determined and apportioned to the board of trustees of the college and to each participating board of chosen freeholders.

The board of chosen freeholders, upon receipt of such certificate, shall appropriate the amount certified therein and shall raise such amount in the manner provided for by N.J.S.18A:64A-18 and 18A:64A-19.

##### **§ 18A:64A-21** First year's estimates of expenses, etc.; preparation, delivery {#sec-18a-64a-21 omnilex-key=us-nj-statutes--title-18a--18A:64A-21}

Notwithstanding the time limitations specified in N.J.S.18A:64A-17, during the calendar year in which the board or boards of chosen freeholders first establish a county college, the board of trustees of the county college may prepare and deliver to the board of school estimate of the college an estimate of the amount necessary to finance the county college until the first regular budget is adopted and available.

The board of school estimate shall meet within a reasonable time after the delivery of said estimate and shall fix and determine the amount necessary to so finance the county college and, if more than one county participated in establishing the county college, shall apportion said amount upon the basis of apportionment valuations as defined in R.S.54:4-49. The board shall then certify the amount so determined to the board of trustees of the college and to the board of chosen freeholders of each participating county.

The board of chosen freeholders shall, upon receipt of the certification, appropriate its share of said amount in the manner provided for by N.J.S.18A:64A-18 and 18A:64A-19.

##### **§ 18A:64A-22** Annual budget requests for State support of colleges. {#sec-18a-64a-22 omnilex-key=us-nj-statutes--title-18a--18A:64A-22}

Notwithstanding any other law to the contrary, the Council of County Colleges shall submit to the State Treasurer, the Secretary of Higher Education, the Governor, and the Legislature an annual budget request for State support of county colleges to meet the colleges’ and State’s strategic priorities. Within the limits of funds appropriated for State support of the county colleges, the board of trustees of a county college may, based upon the itemized statement fixed and determined pursuant to N.J.S.18A:64A-17, apply to the State Treasurer and receive State support:

a. For capital projects in amounts not to exceed one-half of the cost of the capital projects, and

b. For operational costs to the extent of 43 percent but not to exceed 50 percent of the educational and general costs of the county colleges in the base year, provided, however, that for the purposes of determining State aid, only credit courses and noncredit remedial, developmental, general education development, and adult basic education courses shall be included in calculating the educational and general costs. This sum shall be distributed to the county colleges by the State Treasurer pursuant to a performance-based formula developed by the Council of County Colleges and approved by the State Treasurer and the Secretary of Higher Education. The formula shall include categorical support and differential funding based on program costs and shall ensure that all county colleges receive funding in an equitable, results-oriented, and transparent manner. The council shall, every three years, provide to the State Treasurer and secretary any recommended improvements to the performance-based formula to ensure that State aid to the county colleges rewards postsecondary access, equity, and student success.

No county college shall receive more than 50 percent of its projected educational and general costs through the provisions of this act.

Each county which operates a county college shall continue to provide moneys for the support of the college in an amount no less than those moneys provided in the year in which this act is enacted or 25 percent of the operational expense in the base State fiscal year, whichever is greater.

State support for the operational expenses of county colleges shall be made within limits of State appropriation.

##### **§ 18A:64A-22.1** County college capital project aid. {#sec-18a-64a-22.1 omnilex-key=us-nj-statutes--title-18a--18A:64A-22.1}

1. Whenever the funds appropriated are insufficient to satisfy the State's share of capital projects for county colleges pursuant to N.J.S.18A:64A-22, additional State support for such projects shall be made available to counties in which county colleges are located for the payment of interest and principal on bonds and notes entitled to the benefits of this act and interest on notes issued in anticipation thereof and entitled to the benefits of the "County College Capital Projects Fund Act," P.L.1997, c.360 (C.18A:72A-12.2 et seq.), provided that the total principal amount of such bonds and notes shall not exceed $265,000,000, except that all administrative costs associated with the approval process and the issuance of bonds shall not be included within the total aggregate principal amount of bonds issued.

##### **§ 18A:64A-22.2** Action by State Treasurer. {#sec-18a-64a-22.2 omnilex-key=us-nj-statutes--title-18a--18A:64A-22.2}

2. Whenever the State Treasurer shall determine that he is unable to provide State support for a capital project of a county college pursuant to N.J.S.18A:64A-22 within the limit of available State appropriations, the State Treasurer shall determine the amount of bonds and notes entitled to the benefits of this act and the "County College Capital Projects Fund Act," P.L.1997, c.360 (C.18A:72A-12.2 et seq.) and not theretofore allocated to another capital project. The State Treasurer shall determine the necessity or advisability of making available additional State support for the capital project. To the extent he determines additional support is necessary or advisable, he shall certify to the board of chosen freeholders of the county in which said capital project is located, the county college at which the capital project is located, and the New Jersey Educational Facilities Authority the amount of bonds or notes relating to the capital project which shall be entitled to the benefits of this act and the "County College Capital Projects Fund Act," P.L.1997, c.360 (C.18A:72A-12.2 et seq.), which amount shall not exceed the amount of bonds and notes entitled to the benefit of those acts and not theretofore allocated to another capital project. A copy of such certification shall be filed by the State Treasurer with the Director of the Division of Local Finance.

##### **§ 18A:64A-22.3** Issuance of bonds, notes. {#sec-18a-64a-22.3 omnilex-key=us-nj-statutes--title-18a--18A:64A-22.3}

3. At any time within one year of the certification by the State Treasurer to the board of chosen freeholders, the county college at which the capital project is located, and the New Jersey Educational Facilities Authority pursuant to section 2 of P.L.1971, c.12 (C.18A:64A-22.2), the board of chosen freeholders is authorized to issue bonds, or notes in anticipation thereof, in an aggregate amount not exceeding the amount set forth in the treasurer's certification. Bonds or notes may also be issued by the New Jersey Educational Facilities Authority pursuant to the provisions of the "County College Capital Projects Fund Act," P.L.1997, c.360 (C.18A:72A-12.2 et seq.) or by another legally empowered issuer in an aggregate amount not exceeding the amount set forth in the State Treasurer's certification. Bonds issued by any issuer other than the authority or the board of chosen freeholders pursuant to the "County College Capital Projects Fund Act," P.L.1997, c.360 (C.18A:72A-12.2 et seq.) shall be subject to the provisions of P.L.1971, c.12 (C.18A:64A-22.1 et seq.) in the same manner as bonds or notes issued by the board of chosen freeholders; provided that in the event bonds or notes are issued by another legally empowered issuer, the bonds or notes shall be sold by the issuer by competitive sale unless the State Treasurer expressly consents in writing to a negotiated sale of the bonds or notes by the issuer. Such bonds shall be in addition to the sums authorized to be borrowed by said board pursuant to N.J.S.18A:64A-19 for the purpose of funding the county share of such capital projects. No bonds or notes, other than bonds or notes issued by the New Jersey Educational Facilities Authority as authorized pursuant to the "County College Capital Projects Fund Act," P.L.1997, c.360 (C.18A:72A-12.2 et seq.), shall be issued pursuant to this act bearing an interest rate in excess of a maximum rate theretofore specified by the State Treasurer and, in the case of bonds, unless the State Treasurer has theretofore approved the maturity schedule for the repayment of said bonds.

##### **§ 18A:64A-22.4** Deduction from gross debt. {#sec-18a-64a-22.4 omnilex-key=us-nj-statutes--title-18a--18A:64A-22.4}

4. Such additional borrowing, if entered into by the county, shall constitute a deduction from the gross debt of such county and shall not be considered in determining its net debt for debt incurring purposes.

##### **§ 18A:64A-22.5** Issuance of temporary notes. {#sec-18a-64a-22.5 omnilex-key=us-nj-statutes--title-18a--18A:64A-22.5}

5. Any board of chosen freeholders or other legally empowered issuer which has authorized such additional bonds may issue temporary notes in anticipation of the issuance of permanent bonds to the extent permitted by applicable law.

##### **§ 18A:64A-22.6** Debt service certification; appropriation, payment of funds. {#sec-18a-64a-22.6 omnilex-key=us-nj-statutes--title-18a--18A:64A-22.6}

6. Within 10 days after issuance of any bonds or notes entitled to the benefits of this act, the treasurer of the county issuing such bonds or notes, or if applicable, the treasurer of the other legally empowered issuer of the bonds or notes, shall certify to the State Treasurer the exact amounts payable on account of interest and principal on such bonds and interest on such notes and the dates upon which such amounts are payable by the county or other issuer and the name and address of the paying agent or paying agents therefor. The amounts so certified by the county treasurer or the treasurer of the other issuer to the State Treasurer shall be appropriated and paid to the county, or paid to the other legally empowered issuer, on or before the dates of each payment by the county or other issuer on such bonds or notes in an amount with respect to each such date equal to the amount payable on such date and shall be used by the county or other issuer only for such payment.

##### **§ 18A:64A-22.6a** Designation of paying agent; payments of state aid {#sec-18a-64a-22.6a omnilex-key=us-nj-statutes--title-18a--18A:64A-22.6a}

No bonds or notes entitled to the benefits of this act shall be issued unless there is designated therefor a paying agent or paying agents, at least one of which is a bank or trust company authorized to do business in this State. All amounts of State aid to be paid under the provisions of this act for debt service (principal and interest) on bonds or notes entitled to the benefits of this act shall, on or before the date for such payment of interest and principal, be paid on behalf of the county issuing such bonds or notes to the paying agent or paying agents for such bonds or notes in amount with respect to such date as reflects the amount of principal or interest, respectively, payable as to such date by reason of such State aid hereunder payable with respect to such county. Amounts so paid to such paying agent or paying agents shall be applied to the payment of debt service (principal and interest) on such bonds or notes and for no other purpose.

##### **§ 18A:64A-22.7** Investments of proceeds; disposition of earnings. {#sec-18a-64a-22.7 omnilex-key=us-nj-statutes--title-18a--18A:64A-22.7}

7. On January 10 in each year the county treasurer or the treasurer of the other legally empowered issuer shall certify and pay to the State Treasurer the amount of the earnings received by the county or the issuer during the preceding year from the investment of the proceeds from the sale of such bonds or notes, provided that prior to the application of the proceeds to the purposes for which the bonds or notes have been issued such proceeds shall be invested in the State of New Jersey Cash Management Fund, established pursuant to section 1 of P.L.1977, c.281 (C.52:18A-90.4) or in such other investment as shall be explicitly authorized in writing by the State Treasurer.

##### **§ 18A:64A-22.8** Bonds or notes not debt or liability of state {#sec-18a-64a-22.8 omnilex-key=us-nj-statutes--title-18a--18A:64A-22.8}

Bonds or notes issued under the provisions of this act shall not be deemed to constitute a debt or liability of the State or a pledge of the faith and credit of the State but are dependent for repayment upon appropriations provided by law from time to time.

##### **§ 18A:64A-23** Acceptance of students residing in other counties; required certificates; charges to home counties {#sec-18a-64a-23 omnilex-key=us-nj-statutes--title-18a--18A:64A-23}

a. Each county college shall, to the extent its facilities will permit accept students who are residents of any other county in the State.

b. Any person desiring to enroll in a county college as a nonresident student shall apply to the chief fiscal officer of his county of residence for a certificate of residence showing that said person is a resident of said county. The chief fiscal officer of each county shall, upon application and submission to him of satisfactory evidence of such residence, issue said certificate provided that (1) the county does not sponsor a county college or contribute to the support of a county assisted college, or (2) the local county or county assisted college certifies that it does not offer the particular course or program of study desired by the applicant, or (3) the local county or county assisted college certifies that it cannot admit the applicant into a particular course or the desired program of study, pursuant to criteria established by the Commission on Higher Education. If the chief fiscal officer of a county refuses to issue such a certificate, the applicant may appeal to the board of chosen freeholders of the county within 10 days of the receipt of notice of such refusal. The board of chosen freeholders shall make a determination after a hearing, upon 10 days' notice to such chief fiscal officer and the applicant, and such determination shall be final and binding on the county.

Upon his registration for each college year, the nonresident student shall file with the college such a certificate of residence issued not earlier than two months prior thereto and such certificate of residence shall be valid for the current or next academic year succeeding the date of issuance, as the case may be.

c. Any county college so admitting nonresident students shall charge to and collect from each county within the State which has issued a certificate or certificates of residence pursuant to subsection b. and on the basis of which such nonresident students are attending such college, the sending county's share of the operating expenses of such county college, as certified by the board of school estimate and as paid by the receiving county for resident students, computed on a per full-time equated (FTE) student basis and multiplied by cost ratios as determined by the State Treasurer pursuant to N.J.S.18A:64A-22 for various instructional categories. Any county college shall additionally charge and collect the sum of $1.00 per credit hour for each student so enrolled to compensate for minor capital costs of the college.

d. Within 10 days after the commencement of each college term, the county college shall charge the county's per FTE student share of operating expenses of such college for that term as aforesaid to each county which has issued a certificate or certificates of residence pursuant to subsection b., on the basis of which nonresident students are attending such county college. The amount so charged to the county issuing the certificate or certificates shall be paid within 30 days of the date of the billing.

##### **§ 18A:64A-23.1** Job training course {#sec-18a-64a-23.1 omnilex-key=us-nj-statutes--title-18a--18A:64A-23.1}

1. As used in this act, "job training course" means any course of instruction which will provide the individual with an identifiable job skill and will assist the individual in gaining reemployment, any course of instruction which is part of a training program approved pursuant to the provisions of paragraph (4) of subsection (c) of R.S.43:21-4, or any course of instruction which is part of the education and training described in the Employability Development Plan developed for the individual pursuant to section 3 of P.L.1992, c.47 (C.43:21-59).

##### **§ 18A:64A-23.2** County college courses {#sec-18a-64a-23.2 omnilex-key=us-nj-statutes--title-18a--18A:64A-23.2}

2. Each county college shall permit a person who has been in the labor market for at least two years and is unemployed or has received a layoff notice as a result of a factory or plant closing to enroll without payment of tuition in a job training course, provided that the person is not eligible for any available State or federal student financial aid and that available classroom space permits and that tuition paying students constitute the minimum number required for the course. Nothing herein shall preclude a county college from requiring a registration fee not to exceed $20.00 per academic term.

##### **§ 18A:64A-23.3** Eligibility for continued participation in program {#sec-18a-64a-23.3 omnilex-key=us-nj-statutes--title-18a--18A:64A-23.3}

In order to remain eligible for participation in this program, the unemployed worker shall be required to maintain a passing grade in the job training course in which he is enrolled.

##### **§ 18A:64A-23.4** Rules, regulations {#sec-18a-64a-23.4 omnilex-key=us-nj-statutes--title-18a--18A:64A-23.4}

4. The Commissioner of Labor shall promulgate rules and regulations necessary to effectuate the purposes of this act. Regulations of the State Board of Higher Education implementing this act shall remain in full force and effect until modified or repealed by the Commissioner of Labor.

##### **§ 18A:64A-23.5** Direct assistance to students; access to social service supports. {#sec-18a-64a-23.5 omnilex-key=us-nj-statutes--title-18a--18A:64A-23.5}

2. Each county college shall work with a representative of the county board of social services designated pursuant to subsection b. of section 3 of P.L.2025, c.312 (C.18A:64A-29.1) to provide direct assistance to students and to help students to access social services supports.

##### **§ 18A:64A-24** Joinder in operation of county colleges by other counties {#sec-18a-64a-24 omnilex-key=us-nj-statutes--title-18a--18A:64A-24}

If the board of trustees of a county college shall determine that it is in the best interest of the college to allow one or more additional counties to join in the operation of said county college and the board or boards of chosen freeholders of the county or counties then operating the county college shall approve, said board of trustees shall fix the terms and conditions under which said additional county or counties may participate in the operation of the county college.

##### **§ 18A:64A-25** Referenda for other purposes permitted {#sec-18a-64a-25 omnilex-key=us-nj-statutes--title-18a--18A:64A-25}

Nothing in this chapter shall be construed to prohibit or prevent the referenda procedure specified in chapter 37 of Title 19 of the Revised Statutes.

##### **§ 18A:64A-25.1** Short title; citation {#sec-18a-64a-25.1 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.1}

This article shall be known and may be cited as the "County College Contracts Law" .

##### **§ 18A:64A-25.2** Definitions {#sec-18a-64a-25.2 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.2}

2. As used in this article, unless the context otherwise indicates:

a. "Board of trustees" means the board of trustees of a county college and the community college commission of a community college agency;

b. "County college" means any body corporate known as

(1) the board of trustees of a county college established pursuant to chapter 64A of Title 18A of the New Jersey Statutes, or

(2) the community college commission of a community college agency established pursuant to P.L.1974, c.89 (C.18A:64A-30 et seq.);

c. "Contracting agent" means the business officer of the county college having the power to prepare advertisements to advertise for and receive bids and to make awards for the county college in connection with the purchases, contracts or agreements permitted by this article, or such officer, committee or employee to whom such power has been delegated by the county college;

d. "Contracts" mean contracts or agreements for the performance of work or the furnishing or hiring of services, materials or supplies as distinguished from contracts of employment;

e. "Legal newspaper" means a newspaper circulating in the county or counties in which the county college has been established, printed and published in the English language at least once a week for at least one year continuously;

f. "Materials" include goods and property subject to chapter 2 of Title 12A of the New Jersey Statutes, apparatus or any other tangible thing except real property or any interest therein;

g. "Extraordinary unspecifiable services" mean services or products which cannot be reasonably described by written specifications;

h. "Professional services" mean services rendered or performed by a person authorized by law to practice a recognized profession and whose practice is regulated by law and the performance of which services requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction or apprenticeship and training. Professional services also mean services rendered in the performance of work that is original and creative in character in a recognized field of artistic endeavor;

i. "Project" means any work, undertaking, construction or alteration;

j. "Purchases" are transactions, for a valuable consideration, creating or acquiring an interest in goods, services and property, except real property or any interest therein;

k. "Work" includes services and any other activity of a tangible or intangible nature performed or assumed pursuant to a contract or agreement with a county college.

##### **§ 18A:64A-25.3** Purchases, contracts and agreements not requiring advertising. {#sec-18a-64a-25.3 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.3}

3. a. Any purchase, contract or agreement for the performance of any work or the furnishing or hiring of materials or supplies, the cost or price of which, together with any sums expended for the performance of any work or services in connection with the same project or the furnishing of similar materials or supplies during the same fiscal year, paid with or out of college funds, does not exceed the total sum of $25,000 or, commencing January 1, 2003, the amount determined pursuant to subsection b. of this section in any fiscal year may be made, negotiated and awarded by a contracting agent, when so authorized by resolution of the board of trustees of the county college, without public advertising for bids and bidding therefor.

b. Commencing January 1, 2003 and every two years thereafter, the Governor, in consultation with the Department of the Treasury, shall adjust the threshold amount set forth in subsection a. of this section in direct proportion to the rise or fall of the Consumer Price Index for all urban consumers in the New York and Northeastern New Jersey and the Philadelphia areas as reported by the United States Department of Labor. The adjustment shall become effective on July 1 of the year in which it is reported.

c. Any purchase, contract or agreement made pursuant to this section may be awarded for a period of 24 consecutive months, notwithstanding that such 24 -month period does not coincide with the fiscal year.

##### **§ 18A:64A-25.4** Contracts and agreements requiring advertising {#sec-18a-64a-25.4 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.4}

Every contract or agreement for the performance of any work or the furnishing or hiring of any materials or supplies, the cost or the contract price of which is to be paid with or out of college funds, not included within the terms of section 3 hereof, shall be made and awarded only by the county college after public advertising for bids and bidding therefor, except as provided otherwise in this article or specifically by any other law. No work, materials or supplies shall be undertaken, acquired or furnished for a sum exceeding in the aggregate $7,500.00 or, commencing January 1, 1985, the amount determined pursuant to subsection b. of section 3 of P.L.1982, c. 189 (C. 18A:64A-25.3), except by written contract or agreement.

##### **§ 18A:64A-25.5** Exceptions to requirement for advertising. {#sec-18a-64a-25.5 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.5}

5. Any purchase, contract or agreement of the character described in section 4 may be made, negotiated or awarded by the county college by resolution at a public meeting of its board of trustees without public advertising for bids or bidding therefor if:

a. The subject matter thereof consists of:

(1) Professional services; or

(2) Extraordinary unspecifiable services and products which cannot reasonably be described by written specifications, subject however, to procedures consistent with open public bidding whenever possible; or

(3) Materials or supplies which are not available from more than one potential bidder, including without limitation materials or supplies which are patented or copyrighted; or

(4) The doing of any work by employees of the county college; or

(5) The printing of all legal notices and legal briefs, records and appendices to be used in any legal proceeding to which the county college may be a party; or

(6) Textbooks, copyrighted materials, student produced publications and services incidental thereto, library materials including without limitation books, periodicals, newspapers, documents, pamphlets, photographs, reproductions, microfilms, pictorial or graphic works, musical scores, maps, charts, globes, sound recordings, slides, films, filmstrips, video and magnetic tapes, other printed or published matter and audiovisual and other materials of a similar nature, necessary binding or rebinding of library materials and specialized library services; or

(7) Food supplies and services including food supplies and management contracts for student centers, dining rooms and cafeterias; or

(8) The supplying of any product or the rendering of any service by the public utility which is subject to the jurisdiction of the Board of Public Utilities, in accordance with tariffs and schedules of charges made, charged and exacted, filed with said board; or

(9) Equipment repair service if in the nature of an extraordinary unspecifiable service and necessary parts furnished in connection with such services; or

(10) Specialized machinery or equipment of a technical nature which will not reasonably permit the drawing of specifications, and the procurement thereof without advertising is in the public interest; or

(11) Insurance, including the purchase of insurance coverage and consulting services, which exceptions shall be in accordance with the requirements for extraordinary unspecifiable services; or

(12) Publishing of legal notices in newspapers, as required by law; or

(13) The acquisition of artifacts or other items of unique intrinsic, artistic or historic character; or

(14) The collection of amounts due on student loans, including without limitation loans guaranteed by or made with funds of the United States of America; or

(15) Professional consulting services; or

(16) Entertainment, including without limitation theatrical presentations, band and other concerts, movies and other audiovisual productions; or

(17) Contracts employing funds created by student activities fees charged to students or otherwise raised by students, not under the direct control of the college and expended by student organizations; or

(18) Printing, including without limitation catalogs, yearbooks and course announcements; or

(19) Providing goods or services for the use, support or maintenance of proprietary computer hardware, software peripherals and system development for the hardware; or

(20) Personnel recruitment and advertising, including without limitation advertising seeking student enrollment; or

(21) Educational supplies, books, articles of clothing and other miscellaneous articles purchased by a county college bookstore, or by a service or management company under contract with a county college to operate a county college book store for resale to college students and employees; or

(22) Purchase or rental of graduation caps and gowns and award certificates or plaques; or

(23) Expenses for travel or conferences; or

(24) Items available from vendors at costs below State contract pricing for the same product or service, which meets or exceeds the State contract terms or conditions.

b. It is to be made or entered into with the United States of America, the State of New Jersey, a county or municipality or any board, body, or officer, agency or authority or any other state or subdivision thereof.

c. The county college has advertised for bids pursuant to section 4 of P.L.1982, c.189 (C.18A:64A-25.4) on two occasions and (i) has received no bids on both occasions in response to its advertisement, or (ii) has rejected such bids on two occasions because the county college has determined that they are not reasonable as to price, on the basis of cost estimates prepared for or by the county college prior to the advertising therefor, or have not been independently arrived at in open competition, or (iii) on one occasion no bids were received pursuant to (i) and on one occasion all bids were rejected pursuant to (ii), in whatever sequence; any such contract or agreement may then be negotiated by a two-thirds affirmative vote of the authorized membership of the board of trustees authorizing such contract or agreement; provided, however, that:

(1) A reasonable effort is made by the contracting agent to determine that the same or equivalent materials or supplies at a cost which is lower than the negotiated price are not available from any agency or authority of the United States, the State of New Jersey or from the county in which the county college is located, or any municipality in close proximity to the county college;

(2) The terms, conditions, restrictions and specifications set forth in the negotiated contract or agreement are not substantially different from those which were the subject of competitive bidding pursuant to section 4 of P.L.1982, c.189 (C.18A:64A-25.4); and

(3) Any relevant amendment or modification of any of the terms, conditions, restrictions and specifications, which were the subject of competitive bidding pursuant to section 4 of P.L.1982, c.189 (C.18A:64A-25.4), shall be stated in the resolution awarding such contract or agreement; provided, further, however, that if on the second occasion the bids received are rejected as unreasonable as to price, the county college shall notify each responsible bidder submitting bids on the second occasion of its intention to negotiate and afford each such bidder a reasonable opportunity to negotiate, but the county college shall not award such contract or agreement unless the negotiated price is lower than the lowest rejected bid price submitted on the second occasion by a responsible bidder, is the lowest negotiated price offered by any responsible vendor, and is a reasonable price for such work, materials, supplies or services.

Whenever a county college shall determine that a bid was not arrived at independently in open competition pursuant to subsection c. (ii) of this section, it shall thereupon notify the county prosecutor of the county in which the county college is located and the Attorney General of the facts upon which its determination is based and, when appropriate, it may institute appropriate proceedings in any State or federal court of competent jurisdiction for a violation of any State or federal antitrust law or laws relating to the unlawful restraint of trade.

##### **§ 18A:64A-25.6** Emergency purchases and contracts. {#sec-18a-64a-25.6 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.6}

6. Any purchase, contract, or agreement may be made, negotiated or awarded by a county college without public advertising for bids and bidding therefor, notwithstanding that the cost or contract price will exceed $25,000 or, commencing January 1, 2003, the amount determined pursuant to subsection b. of section 3 of P.L.1982, c.189 (C.18A:64A-25.3), when an emergency affecting the health, safety or welfare of occupants of college property requires the immediate delivery of the materials or supplies or the performance of the work, provided that such purchases, contracts or agreements are awarded or made in the following manner:

a. A written requisition for the performance of such work or the furnishing of materials or supplies, certified by the employee in charge of the building, facility or equipment where the emergency occurred, is filed with the contracting agent or his deputy in charge, describing the nature of the emergency, the time of its occurrence, and the need for invoking this section. The contracting agent, or his deputy in charge, being satisfied that the emergency exists, is hereby authorized to award a contract for said work, materials or supplies.

b. Upon the furnishing of such work, materials or supplies in accordance with the terms of the contract or agreement, the contractor furnishing such work, materials or supplies shall be entitled to be paid therefor and the county college shall be obligated for said payment.

c. The board of trustees may prescribe rules and procedures to implement the requirements of this section.

##### **§ 18A:64A-25.7** Contracts not to be divided {#sec-18a-64a-25.7 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.7}

7. No purchase, contract or agreement which is single in character or which necessarily or by reason of the quantities required to effectuate the purpose of the purchase, contract or agreement includes the furnishing of additional services or equipment or buying materials or supplies or the doing of additional work, shall be subdivided so as to bring it or any of the parts thereof under the maximum price or cost limitation set forth in section 3 of P.L.1982, c.189 (C.18A:64A-25.3), thus dispensing with the requirement of public advertising and bidding therefor. Where the doing of any work is included in or incident to the performance or completion of any project which is single in character or inclusive of the furnishing of additional work, materials or supplies or which requires the furnishing of more than one article of materials or supplies, all of the work, materials or supplies requisite for the completion of such project shall be included in one purchase, contract or agreement.

##### **§ 18A:64A-25.8** Periodic solicitation of bids {#sec-18a-64a-25.8 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.8}

Except as provided in section 28, every county college shall, on an annual basis or at such lesser intervals as may be fixed by it, solicit by public advertisement the submission of bids for the furnishing of all work, materials and supplies which are and which under section 4 can be purchased or agreed or contracted to be furnished only after public advertising for bids and bidding therefor.

##### **§ 18A:64A-25.9** County college purchases through State agency; procedure. {#sec-18a-64a-25.9 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.9}

9. a. Any county college, without advertising for bids, or after having rejected all bids obtained pursuant to advertising therefor, may purchase any materials, supplies, goods, services or equipment pursuant to a contract or contracts for such materials, supplies, goods, services or equipment entered into on behalf of the State by the Division of Purchase and Property.

b. A county college may also use, without advertising for bids, or having rejected all bids obtained pursuant to advertising, the Federal Supply Schedules of the General Services Administration as permitted by the "Federal Acquisition Streamlining Act of 1994," Pub.L. 103-355, and federal regulations adopted thereunder or schedules from other federal procurement programs.

c. Whenever a purchase is made, the county college shall place its order with the vendor offering the lowest price, including delivery charges, that best meets the requirements of the county college. Prior to placing such an order, the county college shall document with specificity that the materials, supplies, goods, services or equipment selected best meet the requirements of the county college.

##### **§ 18A:64A-25.10** Joint purchases by county colleges, municipalities or counties; authority. {#sec-18a-64a-25.10 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.10}

10. The board of trustees of two or more county colleges may provide jointly by agreement for the purchasing of work, materials or supplies for their respective colleges, or one or more county colleges may provide for such purchase by joint agreement with the governing bodies of any municipality or of the county within whose boundaries any such college or colleges is or are wholly or partly located and may enter agreements with other institutions of higher education or with other units of government pursuant to the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.).

##### **§ 18A:64A-25.11** Contents of agreement {#sec-18a-64a-25.11 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.11}

a. Such agreement shall set forth the categories of work, materials or supplies to be purchased, the manner of advertising for bids and of awarding of contracts, the method of payment by each participating county college, municipality or county and other matters deemed necessary to carry out the purposes of the agreement.

b. Funds for each participant's share of expenditures for purchases under any such agreement shall be appropriated and paid in the manner set forth in the agreement and in the same manner as appropriations are made for other expenses of the participant.

##### **§ 18A:64A-25.11a** County college authorized to participate in cooperative pricing system. {#sec-18a-64a-25.11a omnilex-key=us-nj-statutes--title-18a--18A:64A-25.11a}

2. a. A county college is authorized to be a participating contracting unit in a cooperative pricing system established pursuant to the laws of this State.

b. A county college may make purchases and contract for services through the use of a nationally-recognized and accepted cooperative purchasing agreement, including a cooperative purchasing agreement in existence as of the effective date of P.L.2016, c.50 (C.18A:64-63.1 et al.), in accordance with the provisions of paragraph (3) of subsection b. of section 7 of P.L.1996, c.16 (C.52:34-6.2).

c. The State Treasurer may promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), which are necessary to effectuate the purposes of this section.

##### **§ 18A:64A-25.13** Specifications generally. {#sec-18a-64a-25.13 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.13}

13. All specifications for any purchase, contract or agreement governed by this article shall be drafted in a manner to encourage free, open and competitive bidding. In particular, no specifications under this article may:

a. Require a standard, restriction, condition or limitation not directly related to the purpose, function or activity for which the purchase, contract or agreement is made; or

b. Require that any bidder be a resident of, or that his place of business be located in, the county in which the purchase will be made or the contract or agreement performed, unless the physical proximity of the bidder is requisite to the efficient and economical purchase or performance of the contract or agreement; or

c. Discriminate on the basis of race, religion, sex or national origin; or

d. Require with regard to any purchase, contract or agreement the furnishing of any "brand name," although specifications may in all cases require "brand name or equivalent," nor shall materials or supplies which are patented or copyrighted be specified, unless the resolution authorizing the purchase, contract or agreement sets forth the manner in which the special need for such patented or copyrighted materials or supplies is directly related to the performance or purpose for which the purchase, contract or agreement is made; or

e. Fail to include any option for renewal, extension or release which the county college may intend to exercise or require; or

f. Fail to include any terms and conditions necessary for the performance of any extra work; or

g. Fail to disclose any matter necessary to the substantial performance of the contract or agreement; or

h. Require that any bidder submit a financial statement if either a guarantee, by certified check, cashier's check or bid bond, or a surety company certificate is also required to be furnished by the bidder, unless any law or regulation of the United States imposes a condition upon the awarding of a monetary grant to be used for the purchase, contract or agreement, which condition requires that a financial statement be submitted.

Any specification adopted by the county college which knowingly excludes prospective bidders by reason of the impossibility of performance, bidding or qualification by any but one bidder, except as provided herein, shall be null and void and of no effect, and such purchase, contract or agreement shall be readvertised, and the original purchase, contract or agreement shall be set aside by the board of trustees of the county college.

##### **§ 18A:64A-25.14** Advertisements for bids; bids; general requirements; notice of revisions. {#sec-18a-64a-25.14 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.14}

14. a. All advertisements for bids shall be published in a legal newspaper sufficiently in advance of the date fixed for receiving the bids to promote competitive bidding but in no event less than 10 days prior to such date. The advertisement shall designate the manner of submitting and of receiving the bids and the time and place at which the bids will be received. If the published specifications provide for receipt of bids by mail, those bids which are mailed to the county college shall be sealed and shall be opened only at such time and place as all bids received are unsealed and announced. At such time and place, the contracting agent of the county college shall publicly receive the bids and thereupon immediately proceed to unseal them and publicly announce the contents, which announcement shall be made in the presence of any parties bidding or their agents who are then and there present. A proper record of the prices and terms shall be made. No bids shall be received after the time designated in the advertisement.

b. Notice of revisions or addenda to advertisements or bid documents relating to bids shall be published in a legal newspaper no later than seven days, Saturdays, Sundays and holidays excepted, prior to the bid due date. The notice shall be provided to any person who has submitted a bid or who has received a bid package, in one of the following ways: (a) in writing by certified mail or (b) by certified facsimile transmission, meaning that the sender's facsimile machine produces a receipt showing date and time of transmission and that the transmission was successful or (c) by a delivery service that provides certification of delivery to the sender. Failure to advertise or provide proper notification of revisions or addenda to advertisements or bid documents related to bids as prescribed by this section shall prevent the acceptance of bids and require the readvertisement for bids. Failure to obtain a receipt when good faith notice is sent or delivered to the address or telephone facsimile number on file with the county college shall not be considered failure by the county college to provide notice.

##### **§ 18A:64A-25.15** Bids to conform to specifications; rejection of bids {#sec-18a-64a-25.15 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.15}

No bid shall be accepted which does not conform to the specifications furnished therefor. Nothing contained in this article shall be construed as depriving any county college of the right to reject all bids.

##### **§ 18A:64A-25.16** Guaranty to accompany bids; amount {#sec-18a-64a-25.16 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.16}

There may be required from any person bidding on any purchase, contract or agreement, advertised in accordance with law, that the bid be accompanied by a guaranty payable to the county college that, if the purchase, contract or agreement is awarded to him, he will enter into a contract therefor and will furnish any performance bond or other security which may be required pursuant to section 17. The guaranty shall be in the amount of 10% of the bid but not in excess of $20,000.00, except as otherwise provided herein, and may be given, at the option of the bidder, by certified check, cashier's check or bid bond. For a construction contract the guaranty shall be in the amount of 10% of the bid. In the event that any law or regulation of the United States imposes any condition upon the awarding of a monetary grant to any county college, which condition requires a guaranty in an amount other than 10% of the bid or in excess of $20,000.00, the provisions of this section shall not apply and the requirements of the law or regulation of the United States shall govern.

The college may require a bid guaranty alone without also requiring a performance bond or other security in the contract.

##### **§ 18A:64A-25.17** Performance, guaranty and certificate {#sec-18a-64a-25.17 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.17}

17. Performance, guaranty and certificate. a. In addition to or independent of the guaranty which may be required pursuant to section 16, the county college may require that the successful bidder provide a surety company bond or other security acceptable to the county college:

(1) For the faithful performance of all provisions of the advertisement for bids, the specifications and any other documents issued to bidders or a repair or maintenance bond; and

(2) In such form as may be required in the specifications or other documents issued to bidders.

b. In every case in which such performance bond is required, the requirement shall be set forth in the specifications or other documents issued to all bidders, and every bidder shall be required to submit with the bid a certificate from a surety company stating that it will provide that bidder with such a performance bond in the specified amount and form.

c. The county college shall require that all payment and performance bonds be issued by a surety which meets the following standards:

(1) The surety shall have the minimum surplus and capital stock or net cash assets required by R.S.17:17-6 or R.S.17:17-7, whichever is appropriate, at the time the invitation to bid is issued; and

(2) With respect to all payment and performance bonds in the amount of $850,000 or more, (a) if the amount of the bond is at least $850,000 but not more than $3.5 million, the surety shall hold a current certificate of authority, issued by the United States Secretary of the Treasury pursuant to 31 U.S.C.9305, that is valid in the State of New Jersey as listed annually in the United States Treasury Circular 570, except that if the surety has been operational for a period in excess of five years, the surety shall be deemed to meet the requirements of this subparagraph if it is rated in one of the three highest categories by an independent, nationally recognized United States rating company that determines the financial stability of insurance companies, which rating company or companies shall be determined pursuant to standards promulgated by the Commissioner of Insurance by regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and (b) if the amount of the bond is more than $3.5 million, then the surety shall hold a current certificate of authority, issued by the United States Secretary of the Treasury pursuant to 31 U.S.C.9305, that is valid in the State of New Jersey as listed annually in the United States Treasury Circular 570 and, if the surety has been operational for a period in excess of five years, shall be rated in one of the three highest categories by an independent, nationally recognized United States rating company that determines the financial stability of insurance companies, which rating company or companies shall be determined pursuant to standards promulgated by the Commissioner of Insurance by regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). A surety subject to the provisions of subparagraph (b) of this paragraph which does not hold a certificate of authority issued by the United States Secretary of the Treasury shall be exempt from the requirement to hold such a certificate if the surety meets an equivalent set of standards developed by the Commissioner of Insurance through regulation which at least equal, and may exceed, the general criteria required for issuance of a certificate of authority by the United States Secretary of the Treasury pursuant to 31 U.S.C.9305. A surety company seeking such an exemption shall, not later than the 180th day following the effective date of P.L.1995, c.384 (N.J.S.2A:44-143 et al.), certify to the appropriate county college that it meets that equivalent set of standards set forth by the commissioner as promulgated.

d. A county college shall not accept more than one payment and performance bond to cover a single construction contract. The county college may accept a single bond executed by more than one surety to cover a single construction contract only if the combined underwriting limitations of all the named sureties, as set forth in the most current annual revision of United States Treasury Circular 570, or as determined by the Commissioner of Insurance pursuant to R.S.17:18-9, meet or exceed the amount of the contract to be performed.

e. A board, officer or agent contracting on behalf of a county college shall not accept a payment or performance bond unless there is attached thereto a Surety Disclosure Statement and Certification to which each surety executing the bond shall have subscribed. This statement and certification shall be complete in all respects and duly acknowledged according to law, and shall have substantially the following form:

SURETY DISCLOSURE STATEMENT AND CERTIFICATION

, surety(ies) on the attached bond, hereby certifies(y) the following:

(1) The surety meets the applicable capital and surplus requirements of R.S.17:17-6 or R.S.17:17-7 as of the surety's most current annual filing with the New Jersey Department of Insurance.

(2) The capital (where applicable) and surplus, as determined in accordance with the applicable laws of this State, of the surety(ies) participating in the issuance of the attached bond is (are) in the following amount(s) as of the calendar year ended December 31, (most recent calendar year for which capital and surplus amounts are available), which amounts have been certified as indicated by certified public accountants (indicating separately for each surety that surety's capital and surplus amounts, together with the name and address of the firm of certified public accounts that shall have certified those amounts):

.

(3) (a) With respect to each surety participating in the issuance of the attached bond that has received from the United States Secretary of the Treasury a certificate of authority pursuant to 31 U.S.C.9305, the underwriting limitation established therein and the date as of which that limitation was effective is as follows (indicating for each such surety that surety's underwriting limitation and the effective date thereof):

.

(b) With respect to each surety participating in the issuance of the attached bond that has not received such a certificate of authority from the United States Secretary of the Treasury, the underwriting limitation of that surety as established pursuant to R.S.17:18-9 as of (date on which such limitation was so established) is as follows (indicating for each such surety that surety's underwriting limitation and the date on which that limitation was established):

.

(4) The amount of the bond to which this statement and certification is attached is $ .

(5) If, by virtue of one or more contracts of reinsurance, the amount of the bond indicated under item (4) above exceeds the total underwriting limitation of all sureties on the bond as set forth in items (3)(a) or (3)(b) above, or both, then for each such contract of reinsurance:

(a) The name and address of each such reinsurer under that contract and the amount of that reinsurer's participation in the contract is as follows:

; and

(b) Each surety that is party to any such contract of reinsurance certifies that each reinsurer listed under item (5)(a) satisfies the credit for reinsurance requirement established under P.L.1993, c.243 (C.17:51B-1 et seq.) and any applicable regulations in effect as of the date on which the bond to which this statement and certification is attached shall have been filed with the appropriate public agency.

CERTIFICATE

(to be completed by an authorized certifying agent

for each surety on the bond)

I (name of agent) , as (title of agent) for (name of surety) , a corporation/mutual insurance company/other (indicating type of business organization) (circle one) domiciled in (state of domicile) , DO HEREBY CERTIFY that, to the best of my knowledge, the foregoing statements made by me are true, and ACKNOWLEDGE that, if any of those statements are false, this bond is VOID.

(Signature of certifying agent)

(Printed name of certifying agent)

(Title of certifying agent)

##### **§ 18A:64A-25.18** Time for making awards; deposits returned {#sec-18a-64a-25.18 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.18}

The county college shall award the contract or reject all bids within such time as may be specified in the specifications or other documents issued to all bidders, but in no case more than 60 days, except the bids of any bidders who consent thereto, either before or after said 60 day period, may, at the request of the county college, be held for consideration for such longer period as may be agreed. All bid security except the security of the three apparent lowest responsible bidders shall, if requested, be returned within 30 days from the opening of the bids, Sundays and holidays excepted, and the bids of such bidders shall be considered as withdrawn. Within 3 days, Sundays and holidays excepted, after the awarding of the contract and the approval of the successful bidder's performance bond, if any, the bid guaranty of the remaining bidders shall be returned to them.

##### **§ 18A:64A-25.19** Award of purchases, contracts or agreements {#sec-18a-64a-25.19 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.19}

All purchases, contracts or agreements which require public advertisement for bids shall be awarded by the board of trustees to the lowest responsible bidder.

Prior to the award of any other purchase, contract or agreement the estimated cost of which is 20% or more, of the amount set forth in or, commencing January 1, 1985, 20% of the amount determined by the Governor pursuant to subsection b. of section 3 of P.L.1982, c. 189 (C. 18A:64A-25.3), the contracting agent shall, except in the case of professional services, solicit quotations therefor whenever practicable, and the award thereof shall be made, in accordance with section 3, on the basis of the lowest responsible quotation received which is most advantageous to the county college, price and other factors considered; provided, however, if the contracting agent deems it impractical to solicit competitive quotations or having sought such quotations determines that the award should not be on the basis of the lowest quotation received, the contracting agent shall file a statement of explanation of the reason or reasons therefor, which shall be placed on file with such purchase, contract or agreement.

##### **§ 18A:64A-25.20** Award of contracts when bids are equal {#sec-18a-64a-25.20 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.20}

Whenever two or more quotations or bids of equal amounts are the lowest quotations or bids submitted by responsible parties, the county college may award the contract to any one of such parties, as, in its discretion, it may determine.

##### **§ 18A:64A-25.22** Liquidated damages {#sec-18a-64a-25.22 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.22}

Any purchase, contract or agreement made pursuant to this article may include liquidated damages for the violation of any of the terms and conditions thereof or the failure to perform said contract or agreement in accordance with its terms and conditions or the terms and conditions of this article.

##### **§ 18A:64A-25.23** Application of article and subdivision {#sec-18a-64a-25.23 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.23}

Purchases, contracts or agreements for the construction of buildings and other improvements shall be subject to all the terms and conditions of this article and to the terms and conditions of this subdivision H.

##### **§ 18A:64A-25.24** Plans and specifications, drawn or supervised by appropriate officer {#sec-18a-64a-25.24 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.24}

All plans and specifications for the erection, alteration, improvement or repair of college buildings shall be drawn by or under the supervision of an appropriate officer employed by the college to whom such powers shall have been delegated by the Board of Trustees.

##### **§ 18A:64A-25.24a** Definitions. {#sec-18a-64a-25.24a omnilex-key=us-nj-statutes--title-18a--18A:64A-25.24a}

18. As used in sections 18 through 25 of P.L.2021, c.71 (C.18A:64A-25.24a through C.18A:64A-25.24h):

"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 Legislature of the State of New Jersey and any instrumentality or agency of the State of New Jersey or of any of its political subdivisions, authorizing the execution of a design-build contract.

"Contracting unit" means a government entity that enters into contracts pursuant to the "County College Contracts Law," P.L.1982, c.189 (C.18A:64A-25.1 et seq.).

"Delivery system" means the procedure used to develop and construct a project.

"Design-bid-build" means the delivery system used in public projects in which a licensed and prequalified design professional or designated employee develops the project design in its entirety; the contracting unit then solicits bids and awards the contract to the lowest responsible bidder that demonstrates the ability to complete the project specified in the design.

"Design-build contract" means a contract between a contracting unit and a design-builder to provide labor, materials, and other construction services for a public project. A design-build contract may be conditional upon subsequent refinements in scope and price, and may permit the contracting unit to make changes in the scope of the project without invalidating the design-build contract.

"Design-builder" means the entity, whether natural person, partnership, joint stock company, corporation, trust, professional corporation, business association, or other legal business entity or successor, that proposes to design and construct any public project, who is registered pursuant to the provisions of P.L.1999, c.238 (C.34:11-56.48 et seq.), and classified by the New Jersey Division of Property Management and Construction or the New Jersey Department of Transportation, where applicable, to perform work on a design-build project.

"Design professional" means the entity, whether natural person, partnership, joint stock company, corporation, trust, professional corporation, business association, or other legal business entity or successor that provides licensed and prequalified architectural, engineering, or surveying services in accordance with R.S.45:3-1 et seq., and P.L.1938, c.342 (C.45:8-27 et seq.), and that shall be responsible for planning, designing and observing the construction of the project or projects.

"Evaluation factors" means the requirements for the first phase of the selection process, and shall include, but not be limited to: specialized experience, training certification of professional and field workforce, technical competence, capacity to perform, safety modification rating, past performance and other appropriate factors. Price shall only be considered in the second phase of the selection process.

"Proposal" means an offer to enter into a design-build contract.

"Stipend" means the fee paid to a design-builder by the contracting unit to encourage competition.

##### **§ 18A:64A-25.24b** Entry into design-build contracts permitted. {#sec-18a-64a-25.24b omnilex-key=us-nj-statutes--title-18a--18A:64A-25.24b}

19. 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 the project or projects under consideration, it shall be the public policy of this State to permit that contracting unit to enter into design-build contracts as defined in section 18 of P.L.2021, c.71 (C.18A:64A-25.24a), provided the following conditions are met:

(1) The contracting unit shall, prior to issuing solicitations, publish procedures consistent with regulations promulgated by the Secretary of Higher Education, where applicable for the solicitation and award of design-build contracts, and shall adhere to sections 18 through 25 of P.L.2021, c.71 (C.18A:64A-25.24a through C.18A:64A-25.24h) and those procedures; and

(2) The contracting unit shall, for each public project or projects under sections 18 through 25 of P.L.2021, c.71 (C.18A:64A-25.24a through C.18A:64A-25.24h), make a determination based on the timeliness of the project or projects that it is in the best interest of the public to enter into a design-build contract to complete the public project or projects.

b. All workers employed in a design-build construction project shall be paid the prevailing wage determined by the Commissioner of Labor pursuant to the provisions of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.).

c. All design-build construction projects shall be encouraged to adhere to the Leadership in Energy and Environmental Design Green Building Rating System as adopted by the United States Green Building Council, the Green Globes Program adopted by the Green Building Initiative, or a comparable nationally recognized, accepted, and appropriate sustainable development system.

##### **§ 18A:64A-25.24c** Procedures for awarding design-build contracts. {#sec-18a-64a-25.24c omnilex-key=us-nj-statutes--title-18a--18A:64A-25.24c}

20. 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 of the contracting unit licensed to provide architectural, engineering, or surveying services, to provide technical advice, construction review services, and professional expertise on behalf of the contracting unit;

(2) The contracting unit shall develop, with the assistance of the design professional or designated employee, performance criteria and a scope of work statement that defines the project and provides prospective design-builders with sufficient information regarding the contracting unit's requirements. The statement shall include: evaluation factor criteria and preliminary design documents, general budget parameters, and general schedule or delivery requirements to enable the design-builders to submit proposals which meet the contracting unit's needs. When the design-build selection procedure is used and the contracting unit contracts for development of the scope of work statement, the design-builder shall contract for architectural or engineering services as defined by and in accordance with R.S.45:3-1 et seq., P.L.1938, c.342 (C.45:8-27 et seq.), and all other applicable licensing statutes;

(3) Once the contracting unit has developed a scope of work statement which adequately defines the contracting unit's requirements for the project or projects, the contracting unit shall solicit proposals of qualification from design-builders. The contracting unit shall solicit proposals of qualification in accordance with the requirements of the applicable public procurement laws of the State of New Jersey.

(4) The contracting unit shall establish a technical review committee, which shall consist of a representative of the contracting unit, the contracting unit's project manager, and the contracting unit's authorized design professional. The contracting unit's attorney may advise the technical review committee. The technical review committee shall have the responsibility to evaluate bids based on rating and scoring proposals, and shall evaluate design-builders based on their qualifications. A member of the technical review committee shall not have a personal or financial interest in any of the design-builders submitting proposals.

b. The factors used to evaluate proposals of qualification shall be stated in the solicitation and shall include, but not be limited to: specialized experience and technical competence, training certification of professional and field workforce, principal location of the company, capability to perform, safety modification rating, past performance of the individual members of the design-builder's team in their respective capacities, including the architect-engineer and construction members of the team, and other appropriate technical and qualification factors as determined by the Secretary of Higher Education, where applicable. Each solicitation for proposals of qualification shall establish the relative importance assigned to the evaluation factors and sub-factors to be considered.

c. A solicitation for proposals of qualification shall state the maximum number of design-builders that are to be selected to submit second proposals. The maximum number specified in the solicitation shall be at least two and shall not exceed six.

d. The contracting unit may offer a stipend, based upon the project size and type, which shall not exceed three percent of the project's estimated cost, to any design-builder providing design, construction information, or materials presented in response to a request for second proposals. This stipend is intended to encourage the submission of proposals and to increase competition.

e. On the basis of the proposal of qualification, the technical review committee shall select the most highly qualified number of design-builders specified in the solicitation and request the selected design-builders to submit a second proposal and sealed bid. Each solicitation for second proposals shall establish the relative importance assigned to the evaluation factors to be considered.

f. The technical review committee shall evaluate each second proposal based on the technical submission for the proposal, including design concepts or proposed solutions to requirements addressed within the scope of work, and the evaluation factors, including a minimum of 50 percent consideration based on the cost of the bid.

g. The contracting unit shall separately evaluate the submissions described above, and award the contract in accordance with section 24 of P.L.2021, c.71 (C.18A:64A-25.24g).

##### **§ 18A:64A-25.24d** Evaluation factors contained in proposals. {#sec-18a-64a-25.24d omnilex-key=us-nj-statutes--title-18a--18A:64A-25.24d}

21. a. Each request for proposals shall contain evaluation factors prepared by a design professional or designated employee as defined in section 18 of P.L.2021, c.71 (C.18A:64A-25.24a). The design professional or designated employee that develops the evaluation factors shall be disqualified from submitting a proposal to enter into the design-build contract, and the design-builder shall not be permitted to delegate services under the design-build contract to the design professional or designated employee that developed the evaluation factors.

b. The design professional or designated employee that develops the evaluation factors shall be either an employee of the contracting unit or shall be engaged in compliance with applicable New Jersey public procurement laws, and to the extent allowed by law may delegate the development of specific aspects of the design criteria to other consultants.

c. The contracting unit, in consultation with the design professional or designated employee, shall determine the scope and level of detail required for the evaluation factors. The evaluation factors should be detailed enough to permit qualified persons to submit proposals in accordance with the solicitation, given the nature of the public project and the level of design to be provided in the proposal.

##### **§ 18A:64A-25.24e** Inclusions in solicitations for design-build contract. {#sec-18a-64a-25.24e omnilex-key=us-nj-statutes--title-18a--18A:64A-25.24e}

22. 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 be followed for submitting proposals, the criteria for evaluation of proposals and their relative weight, and the procedures for making awards, including a reference to the requirements of sections 18 through 25 of P.L.2021, c.71 (C.18A:64A-25.24a through C.18A:64A-25.24h) and the regulations of the contracting unit;

(3) The proposed terms and conditions for the design-build contract;

(4) A description of the drawings, specifications, or other submittals to be submitted with the proposal, with guidance as to the form and level of completeness of the drawings, specifications, or submittals that shall be acceptable;

(5) A schedule for planned commencement and completion of the design-build contract;

(6) Budget limits for the design-build contract, if any;

(7) Affirmative action, disadvantaged business or set-aside goals or requirements for the design-build contract, in accordance with the requirements of all rules, regulations, standards, or policies adopted by the contracting unit;

(8) The required qualifications of the design-builder;

(9) Requirements for contractors and the design professional to have performance bonds, payment bonds, and insurance, and to meet all the qualifications of the Division of Property Management and Construction in the Department of the Treasury or the Department of Transportation where applicable; and

(10) A statement that the prospective design-builder is in compliance with all applicable laws, including the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), "The Public Works Contractor Registration Act," P.L.1999, c.238 (C.34:11-56.48 et seq.), and the "Construction Industry Independent Contractor Act," P.L.2007, c.114 (C.34:20-1 et seq.).

b. The solicitation may include any other information which the contracting unit in its discretion chooses to supply, including without limitation, surveys, soils reports, drawings or models of existing structures, environmental studies, photographs or references to public records.

c. Notice of solicitations shall be advertised in the same manner in which proposals generally are solicited for public projects.

##### **§ 18A:64A-25.24f** Inclusions on design-build team. {#sec-18a-64a-25.24f omnilex-key=us-nj-statutes--title-18a--18A:64A-25.24f}

23. a. Each design-build team shall include a licensed or prequalified design professional independent from the contracting unit's licensed architect or engineer. The licensed or prequalified design professional shall be named in any proposal submitted to the contracting unit.

b. Proposals shall be sealed and shall not be opened until expiration of the time established for making proposals as set forth in the solicitation.

c. Proposals shall identify each person to whom the design-builder proposes to delegate obligations under the design-build contract. Persons so identified shall not be replaced without the approval of the contracting unit.

d. Proposals shall establish the cost of the design-build contract which shall not be exceeded if the proposal is accepted without change. Afterward, the maximum cost in the proposal may be converted to fixed prices by negotiated agreement between the contracting unit and the design-builder.

e. All proposals shall be received and opened at a previously announced time, where a synopsis of each shall be publicly read and recorded consistent with the provisions of subsection f. of this section.

f. Unless and until a proposal is accepted, the drawings, specifications and other information in the proposal shall remain the property of the person making the proposal. The contracting unit shall make reasonable efforts to maintain the secrecy and confidentiality of all proposals, and all information contained in the proposals, and shall not disclose the proposals or the information contained therein to the design-builders' competitors or the public. Once a proposal is accepted, the disclosure of the proposal and the information in the proposal, and the ownership of the drawings, specifications, and information therein, shall be determined in accordance with existing law and the terms of the design-build contract.

##### **§ 18A:64A-25.24g** Submission of received proposals. {#sec-18a-64a-25.24g omnilex-key=us-nj-statutes--title-18a--18A:64A-25.24g}

24. 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 designated employee retained by the contracting unit that the proposal is consistent with the evaluation factors. No proposal for a design-build contract may be accepted unless the contracting unit determines that there was adequate competition for such contract.

b. The technical review committee shall score the technical proposals using the criteria and methodology set forth in the request for proposals in accordance with paragraph (2) of subsection a. of section 22 of P.L.2021, c.71 (C.18A:64A-25.24e) and make an award recommendation to the head of the contracting unit. The head of the contracting unit shall make the design-build contract award decision, consistent with the award recommendation.

c. The contracting unit shall evaluate the received technical proposals and price bid against the published factors and weighting to arrive at a composite score. The contracting unit shall make public the design-builder to be awarded the contract for the project. After the award decision is made, the contracting unit shall make public the sealed price bid for each proposal submitted to the contracting unit by a design-builder.

d. Acceptance of a proposal shall be made by written notice to the design-builder which submitted the accepted proposal. At the same time notice of acceptance is delivered, the contracting unit shall also inform, in writing, the other design-builders that their proposals were not accepted.

e. The contracting unit shall have the right to reject any and all proposals, except for the purpose of evading the provisions and policies of sections 18 through 25 of P.L.2021, c.71 (C.18A:64A-25.24a through C.18A:64A-25.24h). The contracting unit shall solicit new proposals using the same evaluation factors, budget constraints, or qualifications, unless there has been a material change in circumstances affecting the needs of the contracting unit, including but not limited to an environmental issue, natural disaster, state of emergency, or unforeseen fiscal constraint.

f. Proposals may be withdrawn for any reason at any time prior to acceptance.

g. When a design-builder receives notification from a public body that the proposal, which it has submitted, has not been accepted, the design-builder may, within 30 days, request to review the design-build proposals submitted, the technical review committee evaluation scores from the selection process, and the final recommendation of award document. The design-builder shall submit this request in writing.

##### **§ 18A:64A-25.24h** Regulations. {#sec-18a-64a-25.24h omnilex-key=us-nj-statutes--title-18a--18A:64A-25.24h}

25. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the Secretary of Higher Education shall adopt, immediately upon filing with the Office of Administrative Law, regulations that the Secretary of Higher Education deems necessary to implement the provisions of sections 18 through 25 of P.L.2021, c.71 (C.18A:64A-25.24a through C.18A:64A-25.24h), which regulations shall be effective for a period not to exceed 180 days from the date of the filing. The Secretary of Higher Education shall thereafter amend, adopt, or readopt the regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

##### **§ 18A:64A-25.25** Cost over threshold level; separate plans and specifications; bids; advertisement; award of contract; payment to subcontractor. {#sec-18a-64a-25.25 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.25}

25. a. In the preparation of plans and specifications for the construction, alteration or repair of any building by a county college, when the entire cost of the work and materials will exceed $25,000 or, commencing January 1, 2003, the amount determined pursuant to subsection b. of section 3 of P.L.1982, c.189 (C.18A:64A-25.3), separate plans and specifications may be prepared for each of the following branches of work in the following categories, to include all work and materials related thereto or to be performed or furnished in connection therewith:

(a) The plumbing and gas fitting work;

(b) The refrigeration, heating and ventilating systems and equipment;

(c) The electrical work, including any electrical power plants, tele-data, fire alarm, or security systems;

(d) The structural steel and ornamental iron work;

(e) General construction, which shall include all other work and materials required for the completion of the project.

b. With regard to the branch work categories in subsection a. of this section, the contracting agent shall advertise for and receive in the manner provided by law (1) separate bids for each of the foregoing categories (a) through (e), or (2) single bids by general contractors for all work and materials required to complete the entire project, if awarded as a single contract, or (3) both. In the case of separate bids under paragraph (1) or (3) of this subsection for categories (a) through (d) of subsection a. of this section, prime contractors shall not be required to name subcontractors in their bid. In the case of a single bid under paragraph (2) or (3), all bids submitted shall set forth the name or names of, and evidence of performance security from, all subcontractors to whom the general contractor will subcontract the work described in the foregoing categories (a) through (d) of subsection a. of this section. Subcontractors who furnish non-specialty trade work pursuant to category (e) or subcontractors who furnish work to named subcontractors pursuant to categories (a) through (d) shall not be named in the bid. Notwithstanding the foregoing provisions of this subsection, a county college may choose to require in its bid specification that a subcontractor shall be named in a bid when, in the case of paragraph (1) of subsection b. of this section, separate bids for each category, the work of that subcontractor exceeds 35 percent of the county college's estimated amount of value of the work, which shall be set forth in the bid specification.

c. Contracts shall be awarded to the lowest responsible bidder. In the event that a contract is advertised in accordance with (3) above, the contract shall be awarded in the following manner: if the sum total of the amounts bid by the lowest responsible bidder for each category (a) through (e) is less than the amount bid by the lowest responsible bidder for all the work and materials, the county college shall award separate contracts for each of such categories to the lowest responsible bidder therefor, but if the sum total of the amount bid by the lowest responsible bidder for each category is not less than the amount bid by the lowest responsible bidder for all the work and materials, the county college shall award a single contract to the lowest responsible bidder for all of such work and materials. In every case in which a contract is awarded under (2) above, all payments required to be made under the contract for work and materials supplied by a subcontractor shall, upon the certification of the contractor of the amount due to the subcontractor, be paid directly to the subcontractor.

##### **§ 18A:64A-25.26** Specifications {#sec-18a-64a-25.26 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.26}

All specifications for the doing of any such construction work for a county college shall fix the date before which the work shall be completed, or the number of working days to be allowed for its completion, and every such contract shall contain a provision for a deduction from the contract price for any moneys paid by the county college to any inspector or inspectors necessarily employed by it on the work for any number of days in excess of the number allowed in the specifications.

##### **§ 18A:64A-25.26a** County colleges may use electronic procurement processes. {#sec-18a-64a-25.26a omnilex-key=us-nj-statutes--title-18a--18A:64A-25.26a}

12. Notwithstanding any provisions of the "County College Contracts Law," P.L.1982, c.189 (C.18A:64A-25.1 et seq.) to the contrary, a county college may use electronic procurement processes for public works construction contracts, pursuant to the requirements of section 4 of P.L.2020, c.59 (C.52:34A-4).

##### **§ 18A:64A-25.27** Authorization; resolution; method. {#sec-18a-64a-25.27 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.27}

27. Any county college may, by resolution of its board of trustees, authorize the sale in the following manner of its personal property not needed for college purposes:

a. If the estimated fair value of the property to be sold exceeds $25,000 or, commencing January 1, 2003, the amount determined pursuant to subsection b. of section 3 of P.L.1982, c. 189 (C. 18A:64A-25.3) in any one sale and the property does not consist of perishable goods, it shall be sold at public sale to the highest bidder.

b. Notice of the date, time and place of the public sale, together with a description of the items to be sold and the conditions of sale shall be published once in a legal newspaper. Such sales shall be held not less than seven nor more than 14 days after the publication of the notice thereof.

c. Personal property may be sold to the United States, the State of New Jersey, another county college or to any body politic by private sale without advertising for bids.

d. If no bids are received, the property may then be sold at private sale without further publication or notice thereof but in no event at less than the estimated fair value; or the county college may, if it so elects, reoffer the property at public sale. As used herein, "estimated fair value" means the market value of the property if sold by a willing seller to a willing buyer less the cost to the college of continuing to store or maintain such property.

e. A county college may reject all bids if it determines such rejection to be in the public interest. In any case in which the college has rejected all bids, it may readvertise such personal property for a subsequent public sale. If it elects to reject all bids at a second public sale pursuant to this section, it may then sell such personal property without further publication or notice thereof at private sale, provided that in no event shall the negotiated price at the private sale be less than the amount of the highest bid rejected at the preceding two public sales, and provided further that in no event shall the terms or conditions of sale be changed or amended.

f. If the estimated fair value of the property to be sold does not exceed $25,000 or, commencing January 1, 2003, the amount determined pursuant to subsection b. of section 3 of P.L.1982, c.189 (C.18A:64A-25.3) in any one sale or the property consists of perishable goods, it may be sold at private sale without advertising for bids.

g. Notwithstanding the provisions of this section, by resolution of the board of trustees, a purchasing agent may include a sale of personal property no longer needed for county college purposes as part of specifications to offset the price of a new purchase.

##### **§ 18A:64A-25.28** Duration of certain contracts. {#sec-18a-64a-25.28 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.28}

28. Duration of certain contracts. A county college may only enter into a contract exceeding 24 consecutive months for the:

a. Supplying of:

(1) Fuel for heating purposes for any term not exceeding in the aggregate three years; or

(2) Fuel or oil for use in automobiles, autobuses, motor vehicles or equipment for any term not exceeding in the aggregate three years; or

b. Plowing and removal of snow and ice for any term not exceeding in the aggregate three years; or

c. Collection and disposal of garbage and refuse for any term not exceeding in the aggregate three years; or

d. Providing goods or services for the use, support or maintenance of proprietary computer hardware, software peripherals and system development for the hardware for any term of not more than five years; or

e. Insurance, including the purchase of insurance coverages, insurance consultant or administrative services, and including participation in a joint self-insurance fund, risk management programs or related services provided by a county college insurance group, or participation in an insurance fund established by a county pursuant to N.J.S.40A:10-6, for any term of not more than three years; or

f. Leasing or service of automobiles, motor vehicles, electronic communications equipment, machinery and equipment of every nature and kind for any term not exceeding in the aggregate five years; or

g. Supplying of any product or rendering of any service by a company providing voice, data, transmission or switching services, for a term not exceeding five years; or

h. The providing of food supplies and services, including food supplies and management contracts for student centers, dining rooms and cafeterias, for a term not exceeding 30 years; or

i. (Deleted by amendment, P.L.2009, c.4).

j. Any single project for the construction, reconstruction or rehabilitation of a public building, structure or facility, or a public works project including the retention of the services of an architect or engineer in connection with the project, for the length of time necessary for the completion of the actual construction; or

k. The management and operation of bookstores for a term not exceeding 30 years; or

l. Custodial or janitorial services for any term not exceeding in the aggregate three years; or

m. Child care services for a term not exceeding three years; or

n. Security services for a term not exceeding three years; or

o. Ground maintenance services for a term not exceeding three years; or

p. Laundering, dry-cleaning or rental of uniforms for a term not exceeding three years; or

q. The performance of work or services or the furnishing of materials and supplies for the purpose of producing class I renewable energy, as that term is defined in section 3 of P.L.1999, c.23 (C.48:3-51), at, or adjacent to, buildings owned by, or operations conducted by, the contracting unit, the entire price of which is to be established as a percentage of the resultant savings in energy costs, for a term not to exceed 30 years; provided, however, that these contracts shall be entered into only subject to and in accordance with guidelines promulgated by the Board of Public Utilities establishing a methodology for computing energy cost savings and energy generation costs.

All multi-year leases and contracts entered into pursuant to this section, except contracts and agreements for the provision of work or the supplying of equipment to promote energy conservation through the production of class I renewable energy and authorized pursuant to subsection q. of this section, and except contracts for insurance coverages, insurance consultant or administrative services, participation or membership in a joint self-insurance fund, risk management programs or related services of a county college insurance group, and participation in an insurance fund established by a county pursuant to N.J.S.40A:10-6 or a joint insurance fund established pursuant to P.L.1983, c.372 (C.40A:10-36 et seq.), shall contain a clause making them subject to the availability and appropriation annually of sufficient funds to meet the extended obligation or contain an annual cancellation clause.

##### **§ 18A:64A-25.30** No action for damages for action by officials {#sec-18a-64a-25.30 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.30}

30. No action for damages shall lie against the Board of Higher Education, the Commission on Higher Education, the Presidents' Council, any State official, any county college or its board of trustees or any of its officers because of any action taken by virtue of the provisions of this article.

##### **§ 18A:64A-25.31** Indemnity agreement with the United States, etc. {#sec-18a-64a-25.31 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.31}

Any county college may enter into an agreement indemnifying the United States of America or any board, body, officer or agency thereof from any liability for loss or damage to the person or property of others resulting from any project undertaken or to be undertaken by the federal government for the benefit of such county college or any project the cost of which or any part thereof is to be paid out of federal funds.

##### **§ 18A:64A-25.32** Contracts, etc.; validated and confirmed {#sec-18a-64a-25.32 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.32}

Any action, purchase, sale, contract or agreement taken, made or entered into prior to the effective date of this article is hereby validated and confirmed; provided that in no event shall multi-year leases or contracts entered into prior to the effective date of this article be renewed or extended except in accordance with the terms and provisions of this article.

##### **§ 18A:64A-25.33** Definitions {#sec-18a-64a-25.33 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.33}

Definitions. For the purposes of this act:

a. "Fund" means a joint self-insurance fund established by a county college insurance group pursuant to this act. The joint self-insurance fund is a fund of public moneys from contributions made by members of a county college insurance group for the purpose of securing insurance protection, risk management programs, or related services as authorized by this act;

b. "County college insurance group" or "group" means an association formed by two or more county colleges for the development, administration, and provision of risk management programs, joint self-insurance fund or funds, and related services;

c. "Risk management program" means a plan, and activities carried out under the plan, by a county college insurance group to reduce risk of loss with respect to a particular line of insurance protection or coverage provided by a fund pursuant to this act, including safety engineering and other loss prevention and control techniques. Risk management program also includes the administration of one or more funds, including the processing and defense of claims brought against or on behalf of members of the group;

d. "Trustees" or "board of trustees" means the board of trustees established pursuant to the bylaws of the county college insurance group to govern or manage the risk management programs, joint self-insurance fund or funds, and related services of the group;

e. "Contributions" means the moneys paid by a member of a county college insurance group in amounts as may be set by the board of trustees or other officers as provided in the group's bylaws for the purpose of participating in a joint self-insurance fund or funds, securing risk management programs or related services;

f. "Certified audit" means an audit upon which an auditor expresses his professional opinion that the accompanying statements present fairly the financial position of a fund in conformity with generally accepted accounting principles consistently applied, and accordingly including tests of the accounting records and other auditing procedures as considered necessary in the circumstances;

g. "Commissioner" means the Commissioner of Insurance.

##### **§ 18A:64A-25.34** Insurance authorized {#sec-18a-64a-25.34 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.34}

Insurance authorized. Any county college is authorized to insure, contract or provide for any insurable interest of the college in the manner authorized by section 3 of this act, for the following:

a. Any loss or damage to its property, real or personal, motor vehicles, equipment or apparatus;

b. Any loss or damage from liability resulting from the use or operation of motor vehicles, equipment or apparatus owned or controlled by it;

c. Any loss or damage from liability for its own acts or omissions and for acts or omissions of its officers, employees or servants arising out of and in the course of the performance of their duties, including, but not limited to, any liability established by the "New Jersey Tort Claims Act," N.J.S. 59:1-1 et seq., or by any federal or other law;

d. Loss or damage from liability as established by chapter 15 of Title 34 of the Revised Statutes (R.S. 34:15-1 et seq.);

e. Expenses of defending any claim against the county college, officer, employee or servant arising out of and in the course of the performance of their duties, whether or not liability exists on the claim.

##### **§ 18A:64A-25.35** County college insurance group {#sec-18a-64a-25.35 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.35}

County college insurance group.

a. Any two or more county colleges may form and become members of a county college insurance group. A county college may take this action by resolution of the board of trustees of the county college. Through membership in a county college insurance group, a county college may participate in any joint self-insurance fund or funds, risk management programs or related services offered or provided by the group. The group shall have the power to establish a fund or funds for coverages authorized in section 2 of this act and to jointly purchase insurance or coverages under a master policy or contract of insurance for participating members. The group shall have the power to take other actions necessary to developing, administering, and providing risk management programs, joint self-insurance funds, joint insurance purchases, and related services.

b. The bylaws of the county college insurance group shall provide that any county college may join the group; provided it agrees to comply with the standards for membership, including risk management programs, which shall be established by the group, and may be a member as long as it complies with the standards for membership.

c. A county college insurance group may sue or be sued and shall appoint a natural person residing in this State or a corporation authorized to do business in this State as its agent for service of process. The group shall notify the commissioner of the appointment.

d. A county college insurance group is not an insurance company or an insurer under the laws of this State and the development, administration or provision by a group of joint self-insurance fund or funds, risk management programs and related services does not constitute the transaction of insurance or doing an insurance business. A group shall not be subject to the provisions of Title 17, Subtitle 3 of the Revised Statutes.

##### **§ 18A:64A-25.36** Bylaws of the group; trustees; powers {#sec-18a-64a-25.36 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.36}

Bylaws of the group; trustees; powers.

a. The bylaws of any county college insurance group shall:

(1) Set forth a statement of purposes of the group;

(2) Set forth provisions for organization of the group, including governance by a board of trustees;

(3) Provide for the delivery of risk management programs in conjunction with any joint self-insurance fund or funds which the board of trustees shall establish;

(4) Set forth procedures to enforce the collection of any contributions or payments in default;

(5) Set forth membership standards as required in section 3 of this act;

(6) Require that, for each joint self-insurance fund, a contract or contracts of specific and aggregate excess insurance or reinsurance is maintained unless otherwise recommended by the trustees upon the advice and report of an independent actuary;

(7) Set forth procedures for:

(a) Withdrawal from the group and a fund by a member;

(b) Termination of the group or fund and disposition of assets; and

(c) Determining the obligations, if any, of a member in the event that the group is unable to pay indemnification obligations and expenses payable from a fund administered by it;

(8) Require an annual certified audit to be prepared and filed with the commissioner;

(9) Require that any joint self-insurance fund or funds be developed and operated in accordance with accepted and sound actuarial practices;

(10) Provide that any expenditure of moneys in a fund be in furtherance of the purpose of the fund;

(11) Set forth other provisions as desired for operation and governance of the group.

b. The bylaws of a group shall provide for governance of the group by a board of trustees selected in accordance with the provisions of the bylaws. The bylaws shall provide for trustee powers and duties and shall include, but not be limited to, the following powers of the board of trustees:

(1) To determine and establish contributions and rates, loss reserves, surplus, limits of coverage, limits of excess or reinsurance, coverage documents, dividends and other financial and operating policies of the group or fund;

(2) To invest moneys held in trust under any fund in investments which are approved for investment by regulation of the State Investment Council for surplus moneys of the State;

(3) To purchase, acquire, hold, lease, sell and convey real and personal property, all of which property shall be exempt from taxation under chapter 4 of Title 54 of the Revised Statutes;

(4) To collect and disburse all money due to or payable by the group, or authorize such collection and disbursement;

(5) To enter into contracts with other persons or with public bodies of this State for any professional, administrative or other services as may be necessary to carry out the purposes of the group or any fund;

(6) To purchase and serve as the master policyholders, if desired, for any insurance, including excess or reinsurance;

(7) To do all other things necessary and proper to carry out the purposes for which the group is established.

##### **§ 18A:64A-25.37** Trustees; number and qualifications {#sec-18a-64a-25.37 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.37}

Trustees; number and qualifications. The board of trustees of any county college insurance group shall have no fewer than three nor more than 15 trustees. Each trustee shall be a natural person 18 years of age or older who is a resident of this State. A majority of the trustees of any group shall be members or employees of member county colleges, provided that any trustee who ceases to be a member or employee of a county college may be allowed to serve for not more than 90 days following cessation without violating this provision.

##### **§ 18A:64A-25.38** Trustees; compensation {#sec-18a-64a-25.38 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.38}

Trustees; compensation. No trustee shall be paid a salary, except that the written trust instrument may provide for reimbursement for actual expenses incurred on behalf of the trust fund and for compensation not to exceed $200.00 for any day or portion of a day spent at a meeting of the trustees. Except as otherwise provided in this act, no trustee shall enter into any contract with the group or receive any moneys or other compensation or thing of value whatsoever from the group for services performed for or on behalf of the group.

##### **§ 18A:64A-25.39** Review of bylaws; investigations by the Commissioner of Insurance {#sec-18a-64a-25.39 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.39}

Review of bylaws; investigations by the Commissioner of Insurance.

a. No county college insurance group, nor any joint self-insurance fund of the group, may begin functioning as a means of providing insurance coverage or protection for or among its members until the group's bylaws have been filed with and approved by the commissioner. If the commissioner fails to approve or disapprove the bylaws within 60 days following filing of the bylaws in his office, the bylaws shall be deemed approved. The commissioner may disapprove the bylaws only if the bylaws do not conform with the provisions of this act. He shall set forth the reasons for his disapproval in writing. The reasonable costs of the commissioner's review of the bylaws shall be chargeable to the county colleges seeking to establish the group.

b. Every county college insurance group shall file an annual report, on a form prescribed by the commissioner, at a time to be fixed by the commissioner. The report shall include a financial statement of the group's assets and liabilities, the claims paid during the preceding 12 months, current reserves, incurred losses, and any other information that the commissioner may require.

c. The commissioner shall have authority to examine the books, records and affairs of any county college insurance group or joint self-insurance fund for the purpose of determining compliance with this act. The reasonable costs of any examination or review shall be chargeable to the county college insurance group.

d. If at any time the commissioner determines that the county college insurance group has experienced a deterioration in its financial condition which adversely affects or will adversely affect its ability to pay expected losses, he may: (1) require an increase in the reserves of the insurer required by section 4 of this act; or (2) require the purchase of excess insurance or reinsurance.

##### **§ 18A:64A-25.40** Insurance fund participation authorized {#sec-18a-64a-25.40 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.40}

In any county which has established an insurance fund pursuant to N.J.S. 40A:10-6 or is a joint member of an insurance fund pursuant to P.L. 1983, c. 372 (C. 40A:10-36 et seq.), the board of trustees of a county college located within that county may, at the option of the board of trustees, enter into a contract with the governing body of the county or joint insurance fund to participate in the county insurance fund or a joint insurance fund.

##### **§ 18A:64A-25.41** Contract requirements {#sec-18a-64a-25.41 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.41}

Any contract entered into between the board and the county governing body shall, at a minimum, specify the type and scope of coverage to be afforded, the premium basis for all insurance carried, the method of payment by the county college and the terms and conditions for withdrawal by the county college from the insurance fund.

##### **§ 18A:64A-25.42** Appropriation of funds {#sec-18a-64a-25.42 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.42}

Funds for premiums required by the contract between the board of trustees and the governing body of the fund shall be appropriated and paid as set forth in the contract in the same manner as appropriations are made for other expenses of the county college.

##### **§ 18A:64A-25.43** Civil action brought on behalf of county college. {#sec-18a-64a-25.43 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.43}

9. a. A county college as defined in and subject to the provisions of the "County College Contracts Law," P.L.1982, c.189 (C.18A:64A-25.1 et seq.), shall implement and comply with the provisions of P.L.2012, c.25 (C.52:32-55 et al.), except that the county college shall rely on the list developed by the State Department of the Treasury pursuant to section 3 of P.L.2012, c.25 (C.52:32-57).

b. If the county college determines that a person or entity has submitted a false certification concerning its engagement in investment activities in Iran pursuant to section 4 of P.L.2012, c.25 (C.52:32-58), the county college shall report to the New Jersey Attorney General the name of that person, and the Attorney General shall determine whether to bring a civil action against the person or entity to collect the penalty prescribed in paragraph (1) of subsection a. of section 5 of P.L.2012, c.25 (C.52:32-59).

The county college may also report to the county college attorney the name of that person, together with its information as to the false certification, and the county college attorney may determine to bring such civil action against the person to collect such penalty.

##### **§ 18A:64A-25.44** County college compliance; report of false certification. {#sec-18a-64a-25.44 omnilex-key=us-nj-statutes--title-18a--18A:64A-25.44}

5. a. A county college as defined in and subject to the provisions of the "County College Contracts Law," P.L.1982, c.189 (C.18A:64A-25.1 et seq.), shall implement and comply with the provisions of P.L.2022, c.3 (C.52:32-60.1 et al.), except that the county college shall rely on the list developed by the Department of the Treasury pursuant to subsection b. of section 1 of P.L.2022, c.3 (C.52:32-60.1).

b. If the county college determines that a person has submitted a false certification concerning its engagement in prohibited activities in Russia or Belarus pursuant to section 1 of P.L.2022, c.3 (C.52:32-60.1), the county college shall report to the New Jersey Attorney General the name of that person, and the Attorney General shall determine whether to bring a civil action against the person or entity to collect the penalty prescribed in subsection c. of section 1 of P.L.2022, c.3 (C.52:32-60.1).

c. The county college may also report to the county college attorney the name of that person, together with its information as to the false certification, and the county college attorney may determine to bring such civil action against the person to collect such penalty.

##### **§ 18A:64A-26** Council of County Colleges established {#sec-18a-64a-26 omnilex-key=us-nj-statutes--title-18a--18A:64A-26}

There is established a body corporate and politic, with succession, to be known as the New Jersey Council of County Colleges. The county colleges and the county college commissions shall be members of the council.

##### **§ 18A:64A-27** Membership; alternates; compensation {#sec-18a-64a-27 omnilex-key=us-nj-statutes--title-18a--18A:64A-27}

The council shall consist of the presidents and chairmen of the boards of trustees of the several county community colleges and of the county college commissions. A trustee board chairman may designate another member of the board as an alternate to attend and to vote at council meetings in the chairman's absence.

Members shall serve without compensation but shall be entitled to be reimbursed for all reasonable and necessary expenses.

##### **§ 18A:64A-28** Annual organization meeting {#sec-18a-64a-28 omnilex-key=us-nj-statutes--title-18a--18A:64A-28}

The council shall organize annually by the election of a chairman, vice chairman and such other officers as the council shall determine. Such officers shall serve until the following annual organizational meeting and until their successors are elected and qualified. Vacancies in such offices shall be filled in the same manner for the unexpired terms only. The council may also meet at such other times and at such places within the State as it shall deem necessary.

##### **§ 18A:64A-28.1** Officers; rules {#sec-18a-64a-28.1 omnilex-key=us-nj-statutes--title-18a--18A:64A-28.1}

The council shall select such officers and make such rules as may be necessary for the transaction of business.

##### **§ 18A:64A-28.2** Perpetual succession; powers, responsibilities. {#sec-18a-64a-28.2 omnilex-key=us-nj-statutes--title-18a--18A:64A-28.2}

6. The council shall have perpetual succession and shall have the following powers and responsibilities:

a. To make, amend, and repeal rules, regulations, and bylaws for its own government and guidance, not inconsistent with the purposes of the council;

b. To adopt an official seal and alter the same at pleasure;

c. To maintain an office at such place or places in the State as it may designate;

d. To sue and be sued in its own name;

e. To acquire, hold, and dispose of real and personal property in the exercise of its powers and the performance of its duties under this article. All this property shall be exempt from taxation under chapter 4 of Title 54 of the Revised Statutes;

f. To act as an advocate and promote the advancement of the county colleges of New Jersey;

g. To promote diversity of development among the county colleges in ways which shall be responsive to the particular needs of the particular counties and the State's diverse population and regions;

h. To develop and submit to the Governor, the Secretary of Higher Education, and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a biennial strategic plan outlining a shared vision and set of goals for the county colleges, which are aligned with State educational and economic priorities, and recommending policy solutions to meet the needs of the State as well as the individuals and communities that the county colleges serve. The strategic plan shall be developed in consultation with State government agencies, county college faculty, staff, and students;

i. To serve as an advisory body to the Office of the Secretary of Higher Education on any matter related to the county colleges, including consulting on the development and design of State laws, regulations, and State-funded pilot programs and grant programs that pertain to the county colleges;

j. To develop a performance-based formula to be used in the distribution of State operational aid to the county colleges, and recommending improvements to the State Treasurer and the secretary, pursuant to N.J.S.18A:64A-22;

k. To serve as a coordinating body that organizes and expands collaboration among the county colleges in a variety of areas impacting student success and institutional advancement;

l. To provide contract services to State departments and agencies, as permitted pursuant to subsection (a) of section 5 of P.L.1954, c.48 (C.52:34-10);

m. To ensure strong collaboration, and provide guidance, on academic issues by undertaking activities, including, but not limited to:

(1) maintaining a Statewide general education framework for county colleges;

(2) approving credit courses used in calculating the educational and general costs for the purposes of determining State operating aid to county colleges pursuant to N.J.S.18A:64A-22;

(3) operating a Community College Joint Purchasing Consortium, in accordance with section 3 of P.L.2015, c.140 (C.18A:64A-28.2a), that seeks economies in the purchase of goods and services by increasing efficiency, reducing redundancy, sharing services, and promoting regional collaboration and contracting where appropriate;

(4) convening county college leaders to share promising practices and identify opportunities for collaboration;

(5) undertaking and promoting professional development for faculty and staff; and

(6) collaborating on the marketing and promotion of county colleges;

n. To serve as a partner with Statewide business, labor, education, and community organizations to advance equity, opportunity, and prosperity in New Jersey;

o. To build strong partnerships with employers, elementary and secondary schools, four-year colleges and universities, labor unions, workforce development boards, and community-based organizations in developing the New Jersey Pathways to Career Opportunities Initiative. To accomplish these responsibilities, the council shall:

(1) work in collaboration with State agencies and authorities to create and document transparent, portable, and stackable credentials and lifelong education and learning for students and workers with a focus on work-based learning opportunities, pre-apprenticeships, apprenticeships, degree apprenticeships, credit for prior learning, lifelong learning accounts, and other models;

(2) annually provide a report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), with recommendations for improving equity, labor market outcomes, economic mobility, and employer satisfaction and input from employers on future workforce priorities and needed skills; and

(3) assist the Governor, the Department of Labor and Workforce Development, the New Jersey Economic Development Authority, and other State agencies in planning for the attraction and retention of businesses, including the design of new open-source curricula and new credentials to reflect evolving employer technology and needed skills and the development and promotion of county college programs that prepare workers for the impact of new technology;

p. To facilitate county college requests for capital funding pursuant to P.L.1971, c.12 (C.18A:64A-22.1 et seq.) and work in consultation with the State Treasurer to determine capital projects for which funding shall be allocated; and

q. To assist in the administration of funds provided to county colleges pursuant to the federal Carl D. Perkins Career and Technical Education Act of 2006, Pub.L.109-270 (20 U.S.C. s.2301 et seq.).

##### **§ 18A:64A-28.2a** Council of County Colleges to act as lead agency. {#sec-18a-64a-28.2a omnilex-key=us-nj-statutes--title-18a--18A:64A-28.2a}

3. The Council of County Colleges may act as the lead agency for the joint procurement of goods or services by county colleges pursuant to the "County College Contracts Law," P.L.1982, c.189 (C.18A:64A-25.1 et seq.).

##### **§ 18A:64A-28.3** Executive director {#sec-18a-64a-28.3 omnilex-key=us-nj-statutes--title-18a--18A:64A-28.3}

The council shall employ an executive director, who shall be responsible for the administration of all the activities of the council including staff services and shall promote the educational quality of the county community colleges. The executive director shall serve at the pleasure of the council. The salary of the executive director and all other personnel shall be determined by the council.

##### **§ 18A:64A-28.4** Improvement of county college education. {#sec-18a-64a-28.4 omnilex-key=us-nj-statutes--title-18a--18A:64A-28.4}

8. The council shall encourage and aid movements which it deems necessary for the improvement of county college education and ensure collaboration among the county colleges on academic issues. The council shall, from time to time, make recommendations to the Governor, the Legislature, the Presidents’ Council, and the Office of the Secretary of Higher Education.

##### **§ 18A:64A-28.5** Expenses; assessment for dues {#sec-18a-64a-28.5 omnilex-key=us-nj-statutes--title-18a--18A:64A-28.5}

For the purposes of defraying the expenses of the council, the county colleges and county college commissions shall pay the necessary expenses incurred by the council and shall appropriate annually such sums for dues as may be assessed by the council. The assessment shall be made only upon a two-thirds vote of the membership present at the meeting after written notice of the proposed vote shall be given to each county college and county college commission at least 60 days before the council meeting at which the vote will be taken. Dues shall be on a graduated scale according to the size of the county college and county college commission.

##### **§ 18A:64A-29** Purpose of council. {#sec-18a-64a-29 omnilex-key=us-nj-statutes--title-18a--18A:64A-29}

The council shall seek to ensure acceptable and effective lines of development in admissions policy, academic standards, programs, financing, including the requirement enumerated in N.J.S.18A:64A-22 that the council develop a performance-based formula for the allocation of annual appropriations among the county colleges and making recommendations for capital funding, and community relations in the several county colleges.

The council shall serve as a means of communication between the county colleges, act as a resource center to aid them in planning, act as a clearing house of information, and provide continuing field services.

The council shall act as an advisory body to the Governor, the Legislature, the Office of the Secretary of Higher Education, and the Presidents' Council.

##### **§ 18A:64A-29.1** Social services supports for county college students in need; partnerships to increase enrollment. {#sec-18a-64a-29.1 omnilex-key=us-nj-statutes--title-18a--18A:64A-29.1}

1. The New Jersey Council of County Colleges shall collaborate with each county college in the State to identify gaps in meeting basic student needs among low-income students. The council shall, in consultation with the Department of Human Services, provide information to designated representatives at county colleges on available social services supports and enrollment procedures. The council may facilitate partnerships between county colleges and State agencies, county boards of social services, or community-based and other non-profit organizations to increase enrollment in social services supports among students in need.

##### **§ 18A:64A-30** Community college agency; establishment {#sec-18a-64a-30 omnilex-key=us-nj-statutes--title-18a--18A:64A-30}

1. The board of chosen freeholders of any county which has not established a county college may, with the consent of the Commission on Higher Education, establish a community college agency.

##### **§ 18A:64A-31** Definition {#sec-18a-64a-31 omnilex-key=us-nj-statutes--title-18a--18A:64A-31}

A "community college agency" means an educational institution established or to be established by one or more counties sponsoring programs of instruction similar to those offered by a county college and governed by a community college commission which shall be constituted as provided in section 3 of this act.

##### **§ 18A:64A-32** Community college commission; membership; vacancies; compensation {#sec-18a-64a-32 omnilex-key=us-nj-statutes--title-18a--18A:64A-32}

3. The community college commission shall consist of the county superintendent of schools and nine public members who are residents of the county and have resided therein for a period of four years prior to their appointment having no official connection with educational institutions contracting with the commission. No elected public official shall serve as a voting member of the commission. The president of the commission shall be an ex officio member of the commission without vote.

Seven of the public members shall be appointed by the appointing authority of the county, with the advice and consent of the board of chosen freeholders, and two of the members shall be appointed by the Governor, for such initial terms as shall be established by the board. Members shall be appointed for terms of four years each, except that the initial appointments shall be made in four classes as nearly equal as possible in number, one class to serve for one year, one class to serve for two years, one class to serve for three years, and one class to serve for four years. The term of all members of the commission shall begin on July 1. Members initially appointed to the commission may serve from the time of their respective appointments, but the term of such office shall be deemed to commence as of July 1 of the year in which the appointment was made. Each member shall serve until his successor shall have been appointed and qualified. Vacancies shall be filled in the same manner as the original appointments and for the remainder of the unexpired terms. Any appointed member may be removed by the appointing authority of the county for cause upon notice and opportunity to be heard. The members of the commission shall serve without compensation for their services, but shall be entitled to receive reimbursement for all reasonable and necessary expenses incurred by virtue of services as a member of the commission.

A voting member of a community college commission shall not be eligible to accept employment of the college at which he has served as a member of the commission for a period of two years following resignation or expiration of his term as a member.

The appointing authority of the county shall establish a trustee search committee of not less than five members who shall be residents of the county. The members of the trustee search committee shall not be elected public officials and shall not be eligible for appointment to the board of trustees for a period of six months after their service on the trustee search committee. The trustee search committee shall nominate persons for consideration by the appointing authority of the county for appointment to the board of trustees.

##### **§ 18A:64A-33** Additional members; establishment by more than one county {#sec-18a-64a-33 omnilex-key=us-nj-statutes--title-18a--18A:64A-33}

When a community college commission is established by more than one county, the number of public members shall be increased by two for each additional participating county. Each county shall also be represented by the county superintendent of schools.

##### **§ 18A:64A-34** Body corporate; name {#sec-18a-64a-34 omnilex-key=us-nj-statutes--title-18a--18A:64A-34}

A community college commission shall be a body corporate and shall be known as the "Community College Commission of " (here insert the name of the county).

##### **§ 18A:64A-35** Powers, duties and responsibilities {#sec-18a-64a-35 omnilex-key=us-nj-statutes--title-18a--18A:64A-35}

The community college commission shall have all the powers, duties and responsibilities as granted the board of trustees of a county college pursuant to N.J.S. 18A:64A-12 except the power of eminent domain.

##### **§ 18A:64A-36** Annual report {#sec-18a-64a-36 omnilex-key=us-nj-statutes--title-18a--18A:64A-36}

7. The commission shall make an annual report on academic and fiscal affairs to the board of chosen freeholders, and annually recommend the funds necessary to be included in the county budget pursuant to N.J.S.18A:64A-15 through 20 for the purpose of public higher education in accordance with the needs for support and facilities as determined by the commission. The first year's estimate of expenses shall be prepared and delivered pursuant to N.J.S.18A:64A-21.

##### **§ 18A:64A-37** Eligibility for State and federal support {#sec-18a-64a-37 omnilex-key=us-nj-statutes--title-18a--18A:64A-37}

8. A community college commission shall be eligible to receive State support for operational and capital costs pursuant to N.J.S.18A:64A-22, and to the extent State concurrence may be required, any federal support that may be available under the higher education assistance acts or any other appropriate federal acts. Nothing in this act shall prevent the commission from receiving any other public funds that may be available.

##### **§ 18A:64A-38** Law applicable to faculty and staff {#sec-18a-64a-38 omnilex-key=us-nj-statutes--title-18a--18A:64A-38}

Faculty and staff directly employed by the commission shall be subject to the provisions of all statutes, regulations and standards governing equivalent positions at a county college.

##### **§ 18A:64A-50** Referendum unnecessary {#sec-18a-64a-50 omnilex-key=us-nj-statutes--title-18a--18A:64A-50}

1. Notwithstanding any provisions of chapter 64A of Title 18A of the New Jersey Statutes to the contrary, any private institution of higher education and any post-secondary institute of a county board of vocational education may, prior to July 1, 1994, combine to form a county college without the need of a referendum.

##### **§ 18A:64A-51** Conduct of college {#sec-18a-64a-51 omnilex-key=us-nj-statutes--title-18a--18A:64A-51}

Except as otherwise provided in this act, the college shall be conducted pursuant to the provisions of N.J.S. 18A:64A-1 et seq. and the provisions of general law applicable to county colleges which are not inconsistent with this act, and shall be entitled to all benefits and grants provided for thereunder.

##### **§ 18A:64A-52** Board of governors; powers and duties {#sec-18a-64a-52 omnilex-key=us-nj-statutes--title-18a--18A:64A-52}

The board of trustees of any private institution of higher education, which combined with any post-secondary institute of a county board of vocational education to form a county college, is continued and shall be known as the board of governors and it shall have the powers, authority, rights and privileges, and be subject to the fiduciary and other duties, obligations and responsibilities set forth and expressed in this act.

##### **§ 18A:64A-53** Board of trustees; powers and duties {#sec-18a-64a-53 omnilex-key=us-nj-statutes--title-18a--18A:64A-53}

In addition to the board of governors, a board of trustees of the county college shall be established and have the powers, authority, rights and privileges and be subject to the duties, obligations and responsibilities set forth in this act.

##### **§ 18A:64A-54** Board of governors; members; terms; reimbursement for expenses {#sec-18a-64a-54 omnilex-key=us-nj-statutes--title-18a--18A:64A-54}

The board of governors shall consist of not less than 21 nor more than 30 members, including the president of the college, who shall be ex officio without vote, three alumni trustees nominated by the alumni association, three county residents, who are not freeholders, nominated by the board of chosen freeholders, and, at its option, one freeholder nominated by the board of chosen freeholders from among its members. The board of governors shall have the authority to appoint all other members. The members of the present board of trustees serving on the effective date of this act shall continue to serve the college as members of the board of governors for the remainder of their present terms of office. Except for the president of the college, who shall serve as a member only during his term of office, a member shall serve for a term of 3 years beginning July 1 of any year and expiring on June 30, 3 years thereafter or for the remainder of the unexpired term to which he may be elected. Terms of office shall be arranged so that one-third of the terms expire in each calendar year. No two alumni trustees shall serve terms expiring in the same year. Members shall serve without compensation but shall be entitled to be reimbursed for all reasonable and necessary expenses.

##### **§ 18A:64A-55** Membership of board of trustees. {#sec-18a-64a-55 omnilex-key=us-nj-statutes--title-18a--18A:64A-55}

6. The board of trustees shall include seven public trustees, consisting of the county superintendent of schools, four members appointed by the board of chosen freeholders, and two citizens of the county appointed by the Governor, and four trustees appointed by the board of governors from among its members. However, no trustee shall be appointed after July 1, 1994 who is an employee of a constituent county. In addition, the student body shall be entitled to elect from the graduating class one representative to serve as a member of the board of trustees for a term of one year commencing at the first meeting of the board in July following graduation of his class. The student representative may be granted voting rights by a majority vote of the members of the board of trustees. If the board of trustees grants the student representative voting rights and all members of the board are present at the board meeting and there is a tie vote, the chairman shall break the tie.

All appointive members shall be residents of the county for a period of four years prior to appointment and no elected public official or employee of the county college shall serve as a voting member of the board. The terms of office of the appointive members shall be four years, except for the first appointment. Terms of those initially appointed by the chairman of the board of chosen freeholders shall expire, respectively, one, two, three and four years after appointment. Of those appointed by the Governor, one person shall be appointed for a term of two years and one for a term of four years. Of the members appointed by the board of governors, one person shall be appointed for a term of one year, one for a term of two years, one for a term of three years, and one for a term of four years.

Each member shall serve until his successor is appointed and qualified.

Vacancies shall be filled in the same manner as the original appointment for the unexpired term. Upon notice and opportunity to be heard, an appointee may be removed for cause by the body originally making the appointment. Members shall serve without compensation but shall be entitled to be reimbursed for all reasonable and necessary expenses.

##### **§ 18A:64A-56** Governing body; allocation of powers between boards of trustees and governors {#sec-18a-64a-56 omnilex-key=us-nj-statutes--title-18a--18A:64A-56}

The governance, control, conduct, management and administration of the college shall be vested in and allocated between the board of trustees and the board of governors, pursuant to this act.

##### **§ 18A:64A-57** Authority of board of trustees {#sec-18a-64a-57 omnilex-key=us-nj-statutes--title-18a--18A:64A-57}

8. The board of trustees shall have general supervision over and be vested with the conduct of the college. It shall have the authority and responsibility to:

a. Adopt and use a corporate seal;

b. Sue or be sued;

c. Determine the educational curriculum and program of the college;

d. With the advice and consent of the board of governors, upon expiration of the term of the current president of the private institution, appoint and fix the compensation and term of office of a president of the college, who shall be the executive officer of the college;

e. Appoint, upon nomination of the president, members of the administrative and teaching staff and fix their compensation and terms of employment, subject to the provisions of general law;

f. Employ other officers, agents and employees, as may be required to carry out the provisions of this act and fix and determine their qualifications, duties, compensation, terms of office and all other conditions and terms of employment;

g. Fix and determine tuition rates and other fees to be paid by students;

h. Grant diplomas, certificates or degrees;

i. Enter into contracts and agreements with the State or any of its political subdivisions or with the United States, or with any public body, department or other agency of the county, State or United States, or with any individual firm or corporation, which is deemed necessary or advisable by the board for carrying out the provisions of this act;

j. Accept from any government or governmental department, agency or other public or private body or from any other source grants or contributions of money or property, which the board of trustees may use for its purposes;

k. Disburse all moneys appropriated to the college by the county and State, moneys received from tuition, fees, auxiliary services and other sources, and from or by the direction of the board of governors;

l. Direct and control the expenditures of the college as to funds received from the board of governors and other sources in accordance with the terms of any applicable trusts, gifts, bequests, or other special provisions;

m. Acquire by gift, purchase, condemnation or otherwise, own, lease, use and operate property, whether real, personal or mixed, or any interest therein, which is necessary or desirable for college purposes;

n. Determine that any property owned and controlled by the board of trustees of the county college is no longer necessary for college purposes and sell the same at the price and in the manner and upon the terms and conditions as shall be established by the board;

o. Make and promulgate rules and regulations not inconsistent with the provisions of general law or of this act or with the rules and regulations promulgated hereunder that are necessary and proper for the administration or operation of the county college;

p. Exercise all other powers not inconsistent with the provisions of this act or with rules and regulations promulgated hereunder, or with general law, which may be reasonable, necessary or incidental to the establishment, maintenance and operation of a county college; and

q. Establish and maintain a dedicated reserve fund for minor capital needs, which in any given year shall not exceed 3% of the replacement value of the college's physical plant.

##### **§ 18A:64A-58** Board of governors; authority and responsibility {#sec-18a-64a-58 omnilex-key=us-nj-statutes--title-18a--18A:64A-58}

The board of governors shall:

a. Act in an overall advisory capacity;

b. Control properties, funds and trusts vested as of the effective date of this act in the private institution, in its possession, or remainder, or expectancy, including properties now held and continuing to be held as security by the New Jersey Educational Facilities Authority and properties, funds and trusts received by the private institution on or after the effective date of this act by private gift, donation, bequest or transfer under the terms of any applicable trusts, gifts, bequests or donations dated or delivered prior to the effective date or on or after the effective date of this act, unless otherwise designated and make available to the board of trustees, after meeting all expenses of its administration, the income from funds and the use of or income from property subject to the provisions of section 10 of this act;

c. Have sole authority over the investment of funds under its control;

d. Have the power to maintain administrative staff and incur expenses it deems reasonable and necessary to the effective exercise of its functions and responsibilities under this act or by reason of any other fiduciary responsibilities to which it is subject.

##### **§ 18A:64A-59** Utilization of privately donated properties and funds {#sec-18a-64a-59 omnilex-key=us-nj-statutes--title-18a--18A:64A-59}

10. In consideration of the utilization by the county for purposes of higher education of privately donated properties and funds and the prospect of future private donations, the State and the county by this act agree with the current board of trustees and its successor that:

a. If the property and funds controlled by the current trustees and its successor board of governors is not properly applied in accordance with the provisions of section 8 of this act for the purposes of higher education and in accordance with the terms of any applicable testament or trust or other special provisions; or

b. if the county shall not make provisions sufficient to enable the current board of trustees and its successors to discharge its trust to apply the trust assets as described in section 9 of this act for public higher education through the conduct of a college with high educational standards, then the board of governors, after consideration and on not less than 60 days' prior written notice to the board of trustees and to the Governor, shall have and may exercise the right to withhold or withdraw the use of the properties and funds described in section 9 of this act or any part thereof, subject to adjudication by the courts of the State and subject to their proper application for the purposes of public higher education and in accordance with the terms of any applicable testamentary trust or other special provision.

##### **§ 18A:64A-60** Joint session of boards {#sec-18a-64a-60 omnilex-key=us-nj-statutes--title-18a--18A:64A-60}

The boards may meet in joint session for the purpose of consultation and discussion or to act upon any matter which requires their joint or concurrent action.

##### **§ 18A:64A-61** Annual report {#sec-18a-64a-61 omnilex-key=us-nj-statutes--title-18a--18A:64A-61}

12. In accordance with law, the board of trustees shall make an annual report to the board of chosen freeholders of the county.

##### **§ 18A:64A-62** Board of trustees; laws conferring powers and duties {#sec-18a-64a-62 omnilex-key=us-nj-statutes--title-18a--18A:64A-62}

Wherever in any law there is reference to a board of trustees either in conferring powers, rights or responsibilities, the same shall refer to the board of trustees of the college.

##### **§ 18A:64A-63** County coordinating agencies; abolishment {#sec-18a-64a-63 omnilex-key=us-nj-statutes--title-18a--18A:64A-63}

Any county coordinating agency for higher education in a county which establishes a county college pursuant to this act shall be abolished by the board of freeholders within 30 days of the approval of the county college by the State Board of Higher Education.

##### **§ 18A:64A-64** Post-secondary institute; part of county college {#sec-18a-64a-64 omnilex-key=us-nj-statutes--title-18a--18A:64A-64}

The post-secondary institute shall be a part of the county college, upon agreement of the governing body of the institute.

##### **§ 18A:64A-65** Post-secondary institute; general supervision {#sec-18a-64a-65 omnilex-key=us-nj-statutes--title-18a--18A:64A-65}

General supervision of the conduct of the institute shall be vested in the board of trustees of the county college.

##### **§ 18A:64A-66** Assets purchased for post-secondary institute; transfer to county college {#sec-18a-64a-66 omnilex-key=us-nj-statutes--title-18a--18A:64A-66}

All assets purchased by the board of education of the vocational schools of the county on behalf of and for the use of the institute and currently in use by the institute shall be transferred, without any financial obligation being assumed, to the board of trustees of the county college.

In accepting transferred assets, the board of trustees shall be indemnified and held harmless by the grantor against any and all claims, outstanding obligations of any nature, demands, suits or other forms of liability which have attached to or may arise against assets.

##### **§ 18A:64A-67** Transfers; compliance with laws {#sec-18a-64a-67 omnilex-key=us-nj-statutes--title-18a--18A:64A-67}

Any transfer of real or personal property from the institute, the county and its municipalities, the board of education of the vocational schools of the county, or any other public body to the county college shall be accomplished without the necessity of complying with laws relating to the sale of public property.

##### **§ 18A:64A-68** Debt owed to state; satisfaction upon transfer {#sec-18a-64a-68 omnilex-key=us-nj-statutes--title-18a--18A:64A-68}

Any existing debt of the board of education of the vocational schools of a county owed to the State as a result of a certified enrollment audit by the Department of Higher Education shall become satisfied with the transfer of the assets of the institute to the county college. These transferred assets shall consist solely of the facilities and assets agreed to by the institute and the county college and approved by the chancellor, and shall take place within 30 days following the effective date of this act.

##### **§ 18A:64A-69** Initial appointment; boards of governors and trustees {#sec-18a-64a-69 omnilex-key=us-nj-statutes--title-18a--18A:64A-69}

The board of governors and board of trustees shall be appointed as soon as practicable after the effective date of this act.

##### **§ 18A:64A-70** Current governing bodies; continuance {#sec-18a-64a-70 omnilex-key=us-nj-statutes--title-18a--18A:64A-70}

Until such time as appointments have been made, the current governing bodies of each institution shall continue their operations without interruption.

##### **§ 18A:64A-71** Employees; rights; tenure {#sec-18a-64a-71 omnilex-key=us-nj-statutes--title-18a--18A:64A-71}

The employees of the private institution and the full-time employees of the institute shall be employees of the county college and shall be subject to the provisions of P.L.1941, c. 100 (C. 34:13A-1 et seq.). Existing tenure rights, contractual agreements, and all rights or protections provided employees under any pension law or retirement system or any other law of this State shall be fully protected by the board of trustees of the college; however, this shall not apply to any provision in any contractual agreement of employees of the institute which would affect the provision of subsection c. of this section regarding faculty rank.

a. The county college shall employ as many of the shared administrative and clerical employees of the county vocational board of education under the same salary and benefits as are provided by their current employment as the board of trustees may agree is reasonable and necessary.

b. Any nontenured faculty member employed by the private institution as of the effective date of this act may elect to be considered for tenure under the provisions of section 3 of P.L.1973, c. 163 (C. 18A:60-8) or under provisions of the collective bargaining agreement in effect between the private institution and the faculty union as of the effective date of this act.

Any nontenured faculty member employed by the institute as of the effective date of this act may elect to be considered for tenure under the provisions of section 3 of P.L.1973, c. 163 (C. 18A:60-8) or N.J.S. 18A:28-5.

On or before October 1, 1982, each nontenured faculty member shall notify the college president in writing of his choice for tenure consideration. Any faculty member not filing a written notice in the prescribed manner shall be considered for tenure under the provisions of section 3 of P.L.1973, c. 163 (C. 18A:60-8). All faculty initially hired by the county college after the effective date of this act shall be governed by the provisions of "The State and County College Tenure Act," P.L.1973, c. 163 (C. 18A:60-6 et seq.).

The provisions of this or any other law notwithstanding, any faculty member who is not under tenure as of the effective date of this act shall not be tenured until the college board of trustees shall affirmatively act to confer tenure.

c. All faculty members who are presently employed by the institute shall be evaluated through a procedure agreed to by a faculty committee of both institutions and placed in a faculty rank by the board of trustees no later than June 30, 1983.

##### **§ 18A:64A-72** Employee benefit programs {#sec-18a-64a-72 omnilex-key=us-nj-statutes--title-18a--18A:64A-72}

Eligible employees of the county college shall be enrolled in the alternate benefit program pursuant to P.L.1969, c. 242 (C. 18A:66-167 et seq.). The county college shall be responsible for the payment of any additional pension costs which are in excess of the maximum contributions provided by the State.

Employees of the private institution who have previously been enrolled in the TIAA-CREF program at that institution, but are ineligible for membership in the alternate benefit program, may continue in the TIAA-CREF program. All new employees not eligible for enrollment in the alternate benefit program shall enroll in the Public Employees' Retirement System if they are otherwise eligible.

Any faculty member of the institute on the effective date of this act, who is a member of the Teachers' Pension and Annuity Fund and who is otherwise eligible, may participate in the alternate benefit program by declaring his intention to participate in the program in writing within 90 days of the effective date of this act.

##### **§ 18A:64A-73** Administrative officers and teaching personnel; rights and benefits {#sec-18a-64a-73 omnilex-key=us-nj-statutes--title-18a--18A:64A-73}

All administrative officers and teaching personnel shall have the rights and benefits provided by law relating to county colleges.

##### **§ 18A:64A-74** Vested rights and privileges; effect of act {#sec-18a-64a-74 omnilex-key=us-nj-statutes--title-18a--18A:64A-74}

This act shall not impair, annul or affect any vested rights, grants, charter rights, privileges, exemptions, immunities, powers, prerogatives, franchises or advantages heretofore obtained or enjoyed by the college or any constituent unit thereof, under authority of its charter or any act of this State or county or under any grant, deed, conveyance, transfer, lease, estate, remainder, expectancy, trust, gift, donation, legacy, devise, endowment or fund, all of which are ratified and confirmed except insofar as the same may have expired or have been repealed or altered or may be inconsistent with this act.

##### **§ 18A:64A-75** Status of or authorization to take action by officer; effect of act {#sec-18a-64a-75 omnilex-key=us-nj-statutes--title-18a--18A:64A-75}

This act shall not affect the official status of any officer of the college, or any outstanding authorization of any officer, agent or employee to take any specified action, or any outstanding commitment or undertaking of or by the college, except to the extent that it may be inconsistent with this act.

##### **§ 18A:64A-76** Powers of Governor {#sec-18a-64a-76 omnilex-key=us-nj-statutes--title-18a--18A:64A-76}

27. This act shall not abrogate the powers of the Governor to supervise and control the college in accordance with existing law.

##### **§ 18A:64A-77** Vested rights inuring to benefit of college {#sec-18a-64a-77 omnilex-key=us-nj-statutes--title-18a--18A:64A-77}

Every gift, grant, legacy, bequest, devise, endowment, estate, remainder, or expectancy, contained in any will, deed, declaration of trust, transfer, or other instrument, to or for or inuring to the benefit of the college, or any constituent unit thereof, whenever established or acquired, and every chose in action, to which the college is or shall be entitled, in whatever name and under whatever title, shall continue to be vested or shall vest in and shall inure to the benefit of the college as completely and effectually as though expressly made to it in its name and for its use and benefit; and none of the same shall lapse, terminate or revert by reason of the enactment of this act; subject, however, to the provisions of this act and other applicable laws, and to all of the rights, obligations, relations, conditions, terms, trusts, duties and liabilities to which the same are subject; and may effectually execute and give receipts and discharges and other instruments in the name of the college or in the name in which the same may have been made or given for the use and to the benefit of the college.

##### **§ 18A:64A-78** Adoption of act; resolution {#sec-18a-64a-78 omnilex-key=us-nj-statutes--title-18a--18A:64A-78}

This act shall become operative only after acceptance and adoption by the board of trustees of the private institution, which shall be by resolution which shall:

a. Impress the property and funds remaining under the board of governors with a public trust for the use and benefit of the higher education of the citizens of the county; and

b. Effectuate the changes in the bylaws of the private institution which are necessary to implement the provisions of this act.

##### **§ 18A:64A-79** Findings, declarations relative to award of county college credit to certain firefighters. {#sec-18a-64a-79 omnilex-key=us-nj-statutes--title-18a--18A:64A-79}

1. The Legislature finds and declares that: through programs and courses county fire academies work to enhance the ability of firefighters to deal more effectively with fire and related emergencies; county fire academy courses offer students an opportunity to grow professionally and to increase their knowledge and skills to provide a safe and effective response to their communities; and certain courses offered by county fire academies are equal in difficulty to those at the college level.

The Legislature, therefore, further finds that it is appropriate for county colleges to award college credits to firefighters for certain courses completed in county fire academies.

##### **§ 18A:64A-80** Conditions for receipt of county college credit for course at fire academy. {#sec-18a-64a-80 omnilex-key=us-nj-statutes--title-18a--18A:64A-80}

2. a. Any person who successfully completes a course at a county fire academy shall receive county college credit for the course if: the county college determines after a review of the curriculum of the course offered by the county fire academy that the curriculum is similar to the curriculum of a course offered in the county college's fire science program; and upon completion of the course, the person successfully completes an examination approved by the county college. The county college shall waive any credit-by-exam fee the college may charge.

b. The county fire academy and county college of a county shall work jointly to identify courses at the county fire academy which offer a curriculum similar to that of courses included in the county college's fire science program.

##### **§ 18A:64A-81** County colleges to establish green job certification programs. {#sec-18a-64a-81 omnilex-key=us-nj-statutes--title-18a--18A:64A-81}

2. a. As used in this section, "green job" means those aspects of employment that deal with renewable energy, energy conservation, energy efficiency, and energy sustainability.

b. A county college may enter into a partnership with one or more private entities to develop and establish a green jobs certification program. Under the program the county college shall identify needed skills, develop training programs, and train workers for green jobs in one or more industries including, but not limited to, energy efficient building, construction and retrofits, renewable electric power, energy efficient vehicles, biofuels, and manufacturing that produces sustainable products and uses sustainable processes and materials. The county college shall issue a green jobs certification to each person who successfully completes the training program.

c. A county college may review national standards established by various industries in developing a green jobs certification program.

d. A county college may consult with the Department of Community Affairs in developing a green jobs certification program.

##### **§ 18A:64A-82** Findings, declarations. {#sec-18a-64a-82 omnilex-key=us-nj-statutes--title-18a--18A:64A-82}

1. The Legislature finds and declares that:

a. People with intellectual and developmental disabilities strive to live active, engaged lives within the community.

b. Community inclusion is shown to promote the best outcomes and quality of life for people with intellectual and developmental disabilities.

c. Direct support professionals (DSPs) provide critical services and supports for people with intellectual and developmental disabilities and without these services, community inclusion for many people with intellectual and developmental disabilities would not be possible.

d. DSPs support individuals with intellectual and developmental disabilities in their own homes, family homes, provider-managed residences and programs, in the community, and workplaces. They support individuals with the activities related to daily living, including personal care, health and well-being, behavioral and mental health, relationship building, home and community participation, achievement of goals, and a variety of other individual needs. They require the ethics, skills, and competency to effectively provide these supports.

e. However, the system of services and supports that people with intellectual and developmental disabilities rely on for becoming contributing citizens in their communities is facing an ongoing workforce crisis, harming the ability of people with intellectual and developmental disabilities to access services. This strain is further exacerbated by the COVID-19 pandemic.

f. The DSP workforce crisis, that is evident across the nation, is characterized in several ways, including high turnover, difficulty recruiting, and no discernable career path, all of which threatens the number and quality of available services and supports for people with intellectual and developmental disabilities.

g. The Centers for Medicare and Medicaid Services has awarded Money Follows the Person funds (MFP) to the Department of Human Services, Division of Developmental Disabilities (DDD) to address the DSP crisis through a process facilitated by DDD and the Boggs Center on Developmental Disabilities, Rutgers, Robert Wood Johnson Medical School to establish core competencies for New Jersey and related training. The federal MFP funding and this act represents a recognition of the need for a Direct Support Professional Career Development Program aligned with national and State core competencies in order to instill competence, confidence, and investment in the workforce that contributes to the well-being and quality of life of people with intellectual and developmental disabilities by providing an opportunity for career development, advancement, and learning new skills.

h. Efforts of the Direct Support Professional Career Development Program will be aligned with the competencies developed and adopted by New Jersey.

i. The Direct Support Professional Career Development Program shall have two objectives. First, the program shall conduct a pilot that focuses on DSP recruitment of high school or county college students, but may also be open to individuals pursuing a change in career, and oversee implementation of one-year paid fellowship opportunities. The program shall be responsible for determining and evaluating the criteria for fellowship recipients, and selecting new fellows on an annual basis.

j. The second objective of the Direct Support Professional Career Development Program shall be to provide support to existing and new DSPs with educational programming and experience that help them build skills and competency while working in the field and further their professional development.

##### **§ 18A:64A-83** Direct Support Professional Career Development Program established; purpose, duties. {#sec-18a-64a-83 omnilex-key=us-nj-statutes--title-18a--18A:64A-83}

2. The Direct Support Professional Career Development Program shall be established by the New Jersey Community College Consortium for Workforce and Economic Development at one of its Centers for Workforce Innovation as part of the New Jersey Pathways to Career Opportunities Initiative. The program shall also establish two additional program sites, one located at a county college in the northern region of the State, and one located at a county college in the southern region of the State. The Secretary of Higher Education, in consultation with the New Jersey Council of County Colleges, shall select the location for the program's additional sites.

The program shall be guided by an advisory council that includes representatives from target school districts, county colleges, and One-Stop Career Centers, and representatives from each of the following stakeholder groups: people with disabilities, family members of people with disabilities, direct support professionals, frontline supervisors, and service provider leadership. The advisory council shall work in partnership with the Division of Developmental Disabilities in the Department of Human Services and the Boggs Center on Developmental Disabilities, Rutgers, Robert Wood Johnson Medical School.

The Secretary of Higher Education, in consultation with the President of the New Jersey Council of County Colleges, shall appoint the members of the advisory council. Members of the advisory council shall serve without compensation, but shall be reimbursed for their actual and necessary expenses.

It shall be the purpose of the program to provide a potential career path to individuals interested in human services and allied health career fields in addition to existing direct support professionals, thereby assisting with recruitment and retention of this critical workforce.

The program, through partnerships with local school districts, county colleges, and One-Stop Career Centers, shall identify and recruit individuals who are interested in learning about and serving people with intellectual and developmental disabilities. The program shall provide participating students with a one-year fellowship program that offers mentorship and training regarding the responsibilities of direct support professionals and a potential job opportunity upon graduation. The program shall provide online training in addition to on-site training and mentorship with experienced direct support professionals employed by collaborating agencies that serve individuals with intellectual and developmental disabilities.

In addition to students, the Direct Support Professional Career Development Program shall work with existing and potential direct support professionals to identify their educational goals including credentialing, an associate's degree, and a bachelor's degree.

The Direct Support Professional Career Development Program shall collaborate with local One-Stop Career Centers to provide opportunities for unemployed and underemployed workers to receive training to pursue employment in the field of Direct Support.

##### **§ 18A:64A-84** Career counseling services. {#sec-18a-64a-84 omnilex-key=us-nj-statutes--title-18a--18A:64A-84}

3. The Direct Support Professional Career Development Program, and each additional program site, established pursuant to section 2 of this act shall provide career counseling.

The career counseling shall provide ongoing support to participating students as well as direct support professionals, including providing the student with assistance in finding appropriate postsecondary programs, support with completion of the Direct Support Professional Career Development Pathway established pursuant to section 4 of this act, or in connecting the student with a provider agency that serves people with intellectual and developmental disabilities.

##### **§ 18A:64A-85** Direct Support Professional Career Development Pathway created, special attention to people with disabilities. {#sec-18a-64a-85 omnilex-key=us-nj-statutes--title-18a--18A:64A-85}

4. In collaboration with the Division of Developmental Disabilities in the Department of Human Services and entities focused on promoting the self-determination and full participation of people with disabilities, the Center of Workforce Innovation, and each additional program site, shall implement a competency-based Direct Support Professional Career Development Pathway, in alignment with the Money Follows the Person Direct Support Professional Capacity Building effort, and develop curriculum specific to the field of intellectual and developmental disabilities, including a certificate, associate's degree, and bachelor's degree.

The Career Development Pathway shall assist individuals employed as a direct support professional increase their skills, achieve competency in the field, and as part of the certificate program, earn fully transferable course credit applicable toward an associate's degree in a human service or relevant healthcare field at any county college. It shall be the purpose of the Career Development Pathway to improve the recruitment, competence, and retention of the direct support professionals workforce.

##### **§ 18A:64A-86** Appropriations; New Jersey Community College Consortium for Workforce and Economic Development grant distribution. {#sec-18a-64a-86 omnilex-key=us-nj-statutes--title-18a--18A:64A-86}

5. a. There is appropriated from the General Fund to the Office of the Secretary of Higher Education the sum of $1,000,000 for the purposes of fulfilling the provisions of this act.

b. The Office of the Secretary of Higher Education shall distribute a grant to the New Jersey Community College Consortium for Workforce and Economic Development to establish the Direct Support Professional Career Development Program at a Center for Workforce Innovation, and at the program's additional sites, distribute fellowship funding to cover living expenses for participating individuals, and establish a fund for existing direct support professionals to cover costs associated with furthering their education. No more than 10 percent of the funds appropriated pursuant to this section shall be used for administrative expenses. The Secretary of Higher Education shall approve any budget pursuant to this act.

##### **§ 18A:64A-87** Findings, declarations. {#sec-18a-64a-87 omnilex-key=us-nj-statutes--title-18a--18A:64A-87}

1. The Legislature finds and declares that:

a. Many individuals with developmental disabilities are not able to realize their potential as full community members with maximum independence and productivity because the education and related services, which they were entitled to while in school, ended abruptly once they exited the secondary school system.

b. Individuals with developmental disabilities deserve the opportunity to successfully transition into meaningful employment and enhanced independent living opportunities and skills, as appropriate, and they can make greater progress with special services and support during this critical transition period.

c. A center that offers individuals with developmental disabilities special services and support, including the coordination of opportunities available from service providers, educational institutions, and the private sector during this period, will enable individuals with developmental disabilities to more successfully transition into independent, productive, and meaningful lives.

d. It is appropriate that the board of trustees of each county college establish a county college-based adult center for transition for individuals with developmental disabilities to assist them in utilizing the college's, State's, and county's existing services, programs, and resources.

##### **§ 18A:64A-88** County college-based adult center for transition established; purpose, services provided. {#sec-18a-64a-88 omnilex-key=us-nj-statutes--title-18a--18A:64A-88}

2. a. The board of trustees of a county college shall establish a county college-based adult center for transition for individuals with developmental disabilities up to the age of 24 to experience a more successful transition from secondary school to postsecondary education, adult employment, and independent living opportunities and skills, as appropriate. The board shall appoint a person qualified by training and experience to direct and administer the adult center for transition.

It shall be the purpose of a county college-based adult center to:

(1) coordinate and integrate existing county- and State-based services, programs, and resources; and

(2) ensure that individuals with developmental disabilities up to the age of 24 have opportunities to receive mentoring, job coaching, skill training, and any other appropriate wrap-around services to help them make a successful transition into employment and independent living, as appropriate.

b. The board of trustees of a county college may receive and expend moneys from the State and federal governments or private individuals, corporations, associations, or college foundations to meet the expenses of the county college-based adult center for transition.

c. The board of trustees of a county college may, through a contract with the board of trustees of another county college, satisfy the requirement established pursuant to subsection a. of this section by providing individuals with developmental disabilities up to the age of 24 who reside in the county with access to the services offered by the contracted county college's adult center for transition.

##### **§ 18A:64A-89** Short title. {#sec-18a-64a-89 omnilex-key=us-nj-statutes--title-18a--18A:64A-89}

1. This act shall be known and may be cited as the "Manufacturing in Higher Education Act."

##### **§ 18A:64A-90** New Jersey Pathways to Career Opportunities Initiative, promotion, support, manufacturing career pathway, higher education; rules, regulations. {#sec-18a-64a-90 omnilex-key=us-nj-statutes--title-18a--18A:64A-90}

2. a. The Commissioner of Labor and Workforce Development, in consultation with the Commissioner of Education, the Secretary of Higher Education, the New Jersey Council of County Colleges, and representatives of the business community, shall promote and support the implementation of the manufacturing career pathway offered through the New Jersey Pathways to Career Opportunities Initiative operated by the New Jersey Community College Consortium for Workforce Development to provide students interested in pursuing a career in manufacturing with the instruction and skills necessary to gain employment in the manufacturing or advanced manufacturing sectors.

b. The manufacturing career pathway required pursuant to subsection a. of this section shall include traditional and advanced manufacturing processes and methods of production including, but not limited to, the machinery, technology, tools, and equipment used in a wide range of manufacturing industries.

c. The Commissioner of Labor and Workforce Development shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the purposes of this section.

##### **§ 18A:64A-91** Identification of unemployed and underemployed residents to benefit from county college enrollment. {#sec-18a-64a-91 omnilex-key=us-nj-statutes--title-18a--18A:64A-91}

4. Each county college and local workforce development board shall establish a partnership to jointly engage with workforce training providers, economic development organizations, and community-based and other non-profit organizations to assist the entities in identifying populations of unemployed and underemployed residents who may benefit from enrollment in a county college if a partnership consistent with the provisions of this section does not currently exist. The partnerships shall facilitate enrollment in county colleges to provide career pathways.

##### **§ 18A:64A-92** Short title. {#sec-18a-64a-92 omnilex-key=us-nj-statutes--title-18a--18A:64A-92}

1. This act shall be known and may be cited as the “New Jersey Pathways to Career Opportunities Initiative Act.”

##### **§ 18A:64A-93** New Jersey Pathways to Career Opportunities Initiative. {#sec-18a-64a-93 omnilex-key=us-nj-statutes--title-18a--18A:64A-93}

2. a. The New Jersey Community College Consortium for Workforce and Economic Development shall operate a New Jersey Pathways to Career Opportunities Initiative, the purpose of which shall be to provide students, workers, and job seekers with the career pathways they need to pursue promising new careers and opportunities; to strengthen career pathways partnerships between county colleges and employers, primary and secondary schools, vocational technical high schools, four-year institutions of higher education, unions, and community-based organizations; and to ensure that employers have access to a highly skilled workforce to meet critical labor market needs.

b. The New Jersey Community College Consortium for Workforce and Economic Development may establish Centers of Workforce Innovation that offer career pathways in areas that include, but are not limited to, the following:

(1) patient care;

(2) healthcare technology and administration;

(3) direct support;

(4) manufacturing production and engineering;

(5) supply chain logistics;

(6) data science;

(7) cybersecurity;

(8) program and software development;

(9) research and development;

(10) renewable energy; and

(11) construction.

c. The Centers of Workforce Innovation shall:

(1) develop curriculum specific to each career pathway, which shall be made publicly available;

(2) provide students with the instruction and skills necessary to gain employment in a career pathway field;

(3) promote the use of Community College Opportunity Grants and other State and federal financial aid to support promotion along the pathways, including for incumbent workers; and

(4) promote the expansion of apprenticeship and other work-based learning opportunities for students.

d. The Centers of Workforce Innovation shall collaborate with industry leaders and educational partners across the State to expand economic mobility opportunity and drive economic growth.

## **Chapter 64E** {#struct-chapter-64e}

##### **§ 18A:64E-12** Short title {#sec-18a-64e-12 omnilex-key=us-nj-statutes--title-18a--18A:64E-12}

1. This act shall be known and may be cited as the "New Jersey Institute of Technology Act of 1995."

##### **§ 18A:64E-13** Definitions relative to New Jersey Institute of Technology {#sec-18a-64e-13 omnilex-key=us-nj-statutes--title-18a--18A:64E-13}

2. As used in this act "New Jersey Institute of Technology," hereinafter referred to as "university," shall, unless the context clearly indicates to the contrary, include and mean the public research university herein designated "New Jersey Institute of Technology" as presently and hereafter constituted, including all departments, colleges, schools, centers, branches, educational and other units and extensions thereof, including, but not limited to, Newark College of Engineering, New Jersey School of Architecture, the College of Science and Liberal Arts, the School of Industrial Management, centers, extension and cooperative education programs, continuing education programs and all other departments of higher education maintained by the educational entity of the university.

##### **§ 18A:64E-14** New Jersey Institute of Technology established {#sec-18a-64e-14 omnilex-key=us-nj-statutes--title-18a--18A:64E-14}

3. There is hereby established a body corporate and politic to be known as the New Jersey Institute of Technology. The exercise by the university of the powers conferred by this act shall be deemed to be public and essential governmental functions necessary for the welfare of the State and the people of New Jersey.

##### **§ 18A:64E-15** Declaration of public policy {#sec-18a-64e-15 omnilex-key=us-nj-statutes--title-18a--18A:64E-15}

4. It is declared to be the public policy of the State that the university shall be given a high degree of self-government and that the governance and conduct of the university shall be free of partisanship.

##### **§ 18A:64E-16** Board of trustees continued {#sec-18a-64e-16 omnilex-key=us-nj-statutes--title-18a--18A:64E-16}

5. The board of trustees of the university is continued and shall have and exercise the powers, authority, rights and privileges and shall be subject to the duties, obligations, and responsibilities set forth in this act.

##### **§ 18A:64E-17** Membership of board of trustees; organization. {#sec-18a-64e-17 omnilex-key=us-nj-statutes--title-18a--18A:64E-17}

6. a. Membership of the board of trustees shall consist of the Governor, or his designee, and the Mayor of Newark, as ex officio nonvoting members, and, as voting members, up to 15 members appointed by the Governor with the advice and consent of the Senate. The board shall recommend potential new members to the Governor. The composition and size of the board of trustees shall be determined by the board. The terms of office of appointed members shall be for four years which shall commence on July 1 and expire on June 30. All trustees shall serve after the expiration of their terms until their successors shall have been appointed and qualified. Trustees appointed by the Governor may be removed from the office by the Governor, for cause, after notice and opportunity to be heard. Any vacancy that may occur in the board of trustees shall be filled by appointment in like manner for the unexpired term only.

b. Members of the board as of the effective date of this act shall continue in office until the expiration of their respective terms and the qualification in office of their successors.

c. All voting members of the board of trustees, before undertaking the duties of their office, shall take and subscribe an oath or affirmation to support the Constitution of the State of New Jersey and of the United States, to bear allegiance to the government of the State, and to perform the duties of their office faithfully, impartially and justly, to the best of their ability.

d. Members of the board of trustees shall not receive compensation for their services. Each trustee shall be reimbursed for actual expenses reasonably incurred in the performance of his duties or in rendering service as a member of or on behalf of the board or any committee of the board.

e. The board of trustees shall elect its chairperson from among its voting members annually in July. The board shall select such other officers from among its members as shall be deemed necessary.

f. No voting member of the board of trustees shall be a salaried official of the State of New Jersey, or shall receive remuneration for services from the university. If any member of the board shall become ineligible by reason of the foregoing, a vacancy in his office as trustee shall thereby occur.

g. The board of trustees shall have the power to appoint and regulate the duties, functions, powers and procedures of committees, standing or special, from its members and such advisory committees or bodies as it may deem necessary or conducive to the efficient management and operation of the university, consistent with this act and other applicable statutes.

##### **§ 18A:64E-18** Authority, responsibilities of board trustees. {#sec-18a-64e-18 omnilex-key=us-nj-statutes--title-18a--18A:64E-18}

7. The board of trustees of the university shall have general supervision over and be vested with the conduct, control, management and administration of the university. It shall have the authority and responsibility to:

a. Adopt, use, and modify, as it deems appropriate, its corporate seal;

b. Determine the policies for the organization, administration and development of the university;

c. Approve the establishment of new educational programs and the discontinuance of existing educational programs at the university consistent with the university's programmatic mission as authorized by the State Board of Higher Education prior to July 1, 1994, or authorized thereafter in accordance with the provisions of the "Higher Education Restructuring Act of 1994," P.L.1994, c.48 (C.18A:3B-1 et seq.);

d. Study the educational and financial needs of the university, annually acquaint the Governor and Legislature with the condition of the university, and prepare and submit an annual request for appropriation to the Division of Budget and Accounting in the Department of the Treasury in accordance with law;

e. Disburse all moneys appropriated to the university by the Legislature and thereafter provided the university and disburse all moneys received from tuition, fees, auxiliary services and other sources;

f. Direct and control expenditures and transfers of funds appropriated and provided by the State through its legislative and executive branches and as to funds received from other sources, direct and control expenditures and transfers in accordance with the terms of any applicable trusts, gifts, bequests, or other special provisions. The university shall annually report changes and additions thereto and transfers thereof to the Director of the Division of Budget and Accounting in the Department of the Treasury. All accounts of the university shall be subject to audit by the State at any time;

g. Appoint and fix the compensation and term of office of a president of the university, who, as the executive officer of the university, shall be assigned that authority and delegated those duties that the board, consistent with law and duly adopted bylaws of the board, determines are in keeping with the purposes of this act and in the best interests of the university;

h. Consistent with the provisions of its budget, this act and any and all controlling collective bargaining agreements, have the power, upon nomination or recommendation of the president, to appoint, remove, promote and transfer all other officers, agents, or employees which may be required to carry out the provisions of this act and prescribe qualifications for those positions, and assign requisite duties and determine and fix respective compensation for those positions in accordance with duly adopted salary program parameters;

i. Subject to provision for impartial binding dispute resolution through collective bargaining or as provided by university policy and further subject to and limited by any law to the contrary, have final authority to determine controversies and disputes concerning tenure, personnel matters and other issues involving the university arising under Title 18A of the New Jersey Statutes. Any hearings conducted by the board pursuant to this section shall conform to the requirements of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The final administrative decision of the board, in any action enabled hereunder, is appealable to the Superior Court, Appellate Division;

j. Borrow money for the needs of the university, as deemed requisite by the board, in such amounts, for such time and upon such terms as may be determined by the board; provided that no such borrowing shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit, or be payable out of property or funds, other than moneys appropriated for that purpose, of the State;

k. Purchase, lease, acquire by gifts, condemnation or otherwise, manage, use, control, encumber and dispose of property, or any interest therein, whether real, personal or mixed, including, but not limited to, all buildings and grounds, as necessary or deemed desirable for university purposes.

(1) Employ architects and engineers to plan buildings and other campus facilities; secure bids for the construction of buildings and for the equipment thereof; make contracts for the construction of buildings and for the equipment thereof; and supervise that construction;

(2) Accept from any government or governmental department, agency or other public or private body or from any other source grants or contributions of money or property which the board may use for or in aid of any of its purposes;

(3) Adopt standing operating rules and procedures for the purchase of all properties, whether real, personal or mixed and including all equipment, materials and supplies and for the purchase of all services. These rules and procedures shall include public competitive bidding, where the sum to be expended exceeds:

(a) $29,100 for contracts through which workers employed in the performance of the contract are paid in accordance with the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.);

(b) $100,000 for contracts through which workers employed in the performance of the contract are not paid in accordance with the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.); or

(c) the amount determined by the Governor as provided in this subsection.

The contracts shall be awarded to that responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the university, price and other factors considered.

This public bidding process shall not be required in those exceptions created by the board of trustees of the university, which shall be in substance those exceptions contained in sections 4 and 5 of P.L.1954, c.48 (C.52:34-9 and C.52:34-10) and section 5 of P.L.1986, c.43 (C.18A:64-56) or for the supplying of any product or the rendering of any service provided by a public utility subject to the jurisdiction of the Board of Public Utilities of this State and tariffs and schedules of the charges made, charged, or exacted by the public utility for any products to be supplied or services to be rendered are filed with the board. Neither shall public bidding be required for the supplying of any product or the rendering of any service by a public utility, subject to the jurisdiction of the Board of Public Utilities of the State and tariffs and schedules of the charges, made, charged, or exacted by the public utility for any products to be supplied or services to be rendered as are filed with that board. Commencing January 1, 1997 and every two years thereafter, the Governor, in consultation with the Department of the Treasury, shall adjust the threshold amounts set forth in this subsection in direct proportion to the rise or fall of the consumer price index for all urban consumers in the New York City and the Philadelphia areas as reported by the United States Department of Labor. The Governor shall notify the university of the adjustment. The adjustment shall become effective on July 1 of the year in which it is reported.

This subsection shall not prevent the university from having any work done by its own employees, nor shall it apply to repairs, or to the furnishing of materials, supplies or labor or the hiring of equipment or vehicles, when the safety or protection of its or other public property or the public convenience requires or the exigency of the university's service will not admit of such advertisement. In such case, the university shall, by resolution passed by an affirmative vote of its board of trustees, declare the exigency or emergency to exist, remediate as practicable and maintain appropriate records as to the reason for such awards, reporting as soon as practicable thereafter to its board of trustees on all such purchases, the amounts and the reasons therefor;

(4) Manage and maintain, and provide for the payment of all charges on and expenses in respect of, all properties utilized by the university;

(5) Invest certain moneys in such obligations, securities and other investments as the board shall deem prudent consistent with the purpose and provisions of this act and in accordance with State and federal law, as follows:

Investment in not for profit corporations or for profit corporations organized and operated pursuant to the provisions of subsection s. of this section may utilize income realized from the sale or licensing of intellectual property as well as the reinvestment of earnings on intellectual property. Investment in not for profit corporations may also utilize income from overhead grant fund recovery as permitted by federal law as well as other university funds except those specified in paragraph 4 of subsection s. of this section;

(6) Exercise the right of eminent domain, pursuant to the provisions of the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.), to acquire any property or interest therein;

l. Fix and determine tuition rates, and other fees to be paid by students, after reasonable notice and public hearing pursuant to the provisions of the "Higher Education Restructuring Act of 1994," P.L.1994, c.48 (C.18A:3B-1 et seq.);

m. Grant diplomas, certificates or degrees;

n. Enter into contracts and agreements with the State or any of its political subdivisions or with the United States, or with any public body, department or other agency of the State or the United States or with any individual, firm or corporation which are deemed necessary or advisable by the board for carrying out the provisions of this act. A contract or agreement pursuant to this subsection may require a municipality to undertake obligations and duties to be performed subsequent to the expiration of the term of office of the elected governing body of the municipality which initially entered into or approved the contract or agreement, and the obligations and duties so incurred by the municipality shall be binding and of full force and effect, notwithstanding that the term of office of the elected members of the governing body of the municipality which initially entered into or approved that contract or agreement, shall have expired.

Pursuant to this subsection, the board of trustees may procure and enter into contracts for any type of insurance and indemnify against loss or damage to property from any cause, including loss of use and occupancy, against death or injury of any person, against employees' liability, against any act of any member, officer, employee or servant of the university, whether part-time, full-time, compensated or non-compensated in the performance of the duties of his office or employment or any other insurable risk. In addition, the university shall carry its own liability insurance or maintain an actuarially sound program of self-insurance. Any joint venture, subsidiary corporation, or partnership or other jural entity entered into or owned wholly or in part by the university shall maintain insurance or reserves in such amounts as are determined by an actuary to be sufficient to meet its actual or accrued claims;

o. Adopt bylaws and amend the same as deemed necessary from time to time and make, promulgate and modify at its pleasure such rules, regulations and orders, not inconsistent with the provisions of this act, as are deemed necessary and proper for the administration and operation of the university and to implement the provisions of this act;

p. Develop an institutional plan and determine the schools, departments, programs and degree levels to be offered by the university consistent with that plan and the university's programmatic mission as authorized by the State Board of Higher Education prior to July 1, 1994, or authorized thereafter in accordance with the provisions of the "Higher Education Restructuring Act of 1994," P.L.1994, c.48 (C.18A: 3B-1 et seq.);

q. Function as a public employer under the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), appointing its chief spokesperson and continuing to conduct all labor negotiations with the participation of the Governor's Office of Employee Relations;

r. Continue to retain independent counsel;

s. Participate as the general partner or as a limited partner, either directly or through a subsidiary corporation created by the university, in limited partnerships, general partnerships, or joint ventures engaged in the development, manufacture, or marketing of products, technology, scientific information or services and create or form for profit or not for profit corporations to engage in such activities; provided that any such participation shall be consistent with the mission of the university and the board shall have determined that such participation is prudent.

(1) The decision to participate in any of the activities described in this subsection, including the creation or formation of for profit or not for profit corporations, shall be articulated in the minutes of the board of trustees meeting in which action was approved. A true copy of the minutes of that meeting shall be delivered to the Governor. No such action shall take effect until 30 days, Saturdays, Sundays and public holidays excepted, after the copy of the minutes shall have been delivered to the Governor. If, within the 30-day period, the Governor returns the minutes of the meeting with a veto of the action taken by the board, the action taken by the board shall be null and void and of no effect.

(2) Any actions taken by the university pursuant to this subsection shall be in conformity with the university's policy on conflicts of interest and the provisions of P.L.1971, c.182 (C.52:13D-12 et seq.), which shall apply to the university, its employees and officers.

(3) Nothing herein shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit or be payable out of property or funds of the State.

(4) Funds directly appropriated to the university from the State or derived from the university's academic programs shall not be utilized by the for profit or not for profit corporations organized and operated pursuant to this subsection in the development, manufacture or marketing of products, technology or scientific information.

(5) Employees of any joint venture, subsidiary corporation, partnership or other jural entity entered into or owned wholly or in part by the university shall not be deemed public employees.

(6) A joint venture, subsidiary corporation, partnership or other jural entity entered into or owned wholly or in part by the university shall not be deemed an instrumentality of the State of New Jersey.

(7) Income realized by the university as a result of participation in the development, manufacture or marketing of products, technology, or scientific information may be invested, reinvested or retained by the board in accordance with the provisions of this act and any other State or federal law for use in furtherance of any of the purposes of this act or of other applicable statutes.

(8) The board shall include in its annual report to the State Treasurer, the operation of all joint ventures, subsidiary corporations, partnerships or other jural entities entered into or owned wholly or in part by the university;

t. Create, operate, or participate in the operation of such auxiliary organizations as permitted by law which the board deems prudent and which are in keeping with the educational and public service mission of the university; and

u. Sue and be sued in its own name.

##### **§ 18A:64E-18.1** New Jersey Institute of Technology authorized to participate in cooperative pricing system. {#sec-18a-64e-18.1 omnilex-key=us-nj-statutes--title-18a--18A:64E-18.1}

3. a. The New Jersey Institute of Technology is authorized to be a participating contracting unit in a cooperative pricing system established pursuant to the laws of this State.

b. The university may make purchases and contract for services through the use of a nationally-recognized and accepted cooperative purchasing agreement, including a cooperative purchasing agreement in existence as of the effective date of P.L.2016, c.50 (C.18A:64-63.1 et al.), in accordance with the provisions of paragraph (3) of subsection b. of section 7 of P.L.1996, c.16 (C.52:34-6.2).

c. The State Treasurer may promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), which are necessary to effectuate the purposes of this section.

##### **§ 18A:64E-19** Additional powers, duties of board of trustees {#sec-18a-64e-19 omnilex-key=us-nj-statutes--title-18a--18A:64E-19}

8. The board of trustees, in addition to the other powers and duties provided herein, shall be vested with the right of perpetual succession and shall have and exercise all the powers, rights, and privileges that are incident to the proper governance, conduct and management of the university and the control of its properties and funds and such powers granted to the university or the board or reasonably implied, may be exercised without recourse or reference to any department or agency of the State, except as otherwise provided by this act.

##### **§ 18A:64E-20** Appointment of president {#sec-18a-64e-20 omnilex-key=us-nj-statutes--title-18a--18A:64E-20}

9. The board shall appoint and fix the compensation of a president of the university. The president shall be responsible to the board of trustees and shall have such powers as shall be requisite, for the executive management and conduct of the university in all departments, branches and divisions, and for the execution and enforcement of bylaws, ordinances, rules, regulations, statutes and orders governing the management, conduct and administration of the university.

##### **§ 18A:64E-21** Immunity of trustees, officers {#sec-18a-64e-21 omnilex-key=us-nj-statutes--title-18a--18A:64E-21}

10. No trustees or officer of the university shall be personally liable for any debt, obligation or other liability of the university or incurred by or on behalf of the university or any constituent unit thereof.

##### **§ 18A:64E-22** Board to advise Governor, Legislature {#sec-18a-64e-22 omnilex-key=us-nj-statutes--title-18a--18A:64E-22}

11. The board of trustees shall advise the Governor and Legislature, in consultation with the Commission on Higher Education and the President's Council and successor bodies, to the end that the facilities and services of the university may be utilized so as to increase the efficiency of the public education system and provide, maintain and improve upon the quality of higher education for the people of the State. The board of trustees shall make recommendations to the Governor and the Legislature respecting the needs for the facilities and services of the university as an educational instrumentality of the State for that purpose.

##### **§ 18A:64E-23** University deemed employer {#sec-18a-64e-23 omnilex-key=us-nj-statutes--title-18a--18A:64E-23}

12. Subject to the provisions of P.L.1969, c.242 (C.18A:66-167 et seq.) and except as otherwise provided by law, the university shall be deemed to be an employer for the purposes of the "Public Employees' Retirement System Act," P.L.1954, c.84 (C.43:15A-1 et seq.) and shall also be deemed to be a "public agency or organization" within the meaning of section 71 of that act (C.43:15A-71). Further, the university's commissioned police officers shall be eligible for participation in and subject to the provisions of the "Police and Firemen's Retirement Systems Act" P.L.1944, c.255 (C.43:16A-1 et seq.) and the university shall be deemed an employer within the meaning of that act.

##### **§ 18A:64E-24** Construction of act {#sec-18a-64e-24 omnilex-key=us-nj-statutes--title-18a--18A:64E-24}

13. Nothing herein contained shall be construed to impair, annul or affect any vested rights, grants, privileges, exemptions, immunities, powers, prerogatives, franchises or advantages heretofore obtained or enjoyed by the university or any constituent unit thereof, under any authority or any act of this State or under any grant, deed, conveyance, transfer, lease, estate, remainder, expectancy, trust, gift, donation, legacy, devise, endowment or fund, all of which are hereby ratified and confirmed except insofar as the same may have expired, be or have been repealed or altered, or may be inconsistent with this act or with existing provisions of law; subject however, thereto and to all of the rights, obligations, relations, conditions, terms, trust, duties and liabilities to which the same are subject.

##### **§ 18A:64E-25** Official acts preserved {#sec-18a-64e-25 omnilex-key=us-nj-statutes--title-18a--18A:64E-25}

14. The enactment and adoption of this act shall not, of itself, affect the official, operational or organizational status of any officer of the university or any and all outstanding authorizations of any officer, agent or employee, to take specified action, or any and all outstanding commitments or undertakings of or by the university, except and only to the extent that any of the same may be inconsistent with this act.

##### **§ 18A:64E-26** Establishment of university; effect on appropriations, employees, etc. {#sec-18a-64e-26 omnilex-key=us-nj-statutes--title-18a--18A:64E-26}

15. Upon the establishment of the body corporate and politic known as the New Jersey Institute of Technology:

a. All appropriations available to the New Jersey Institute of Technology prior to the effective date of this act and to become available shall be transferred to the university by the Director of the Division of Budget and Accounting in the Department of the Treasury and shall be available for the objects and purposes for which appropriated, subject to any terms, restrictions, limitations or other requirements imposed by the State budget;

b. All other grants, gifts, other moneys and property available to the New Jersey Institute of Technology prior to the effective date of this act and to become available to or for the New Jersey Institute of Technology shall be transferred to the university and shall be available for the objects and purposes of the university, subject to any terms, restrictions, limitations or other requirements imposed by State and federal law or otherwise;

c. All employees of the New Jersey Institute of Technology prior to the effective date of this act shall become employees of the university. Nothing in this act shall be construed so as to deprive any person of any right of tenure or under any retirement system or to any pension, disability, social security or similar benefit, to which the person is entitled by law or contractually;

d. All files, papers, records, equipment and other personal property of the New Jersey Institute of Technology shall be transferred to the university; and

e. All orders, rules or regulations theretofore made or promulgated by the New Jersey Institute of Technology shall continue in full force and effect as the orders, rules and regulations of the university until amended or repealed by the university.

##### **§ 18A:64E-27** Actions, proceedings not affected {#sec-18a-64e-27 omnilex-key=us-nj-statutes--title-18a--18A:64E-27}

16. This act shall not affect actions or proceedings, civil or criminal, brought by or against the New Jersey Institute of Technology, but such actions or proceedings may be prosecuted or defended in the same manner and to the same effect by the university as if the foregoing provisions had not taken effect; nor shall any of the foregoing provisions affect any order or regulation made by, or other matters or proceedings before, the New Jersey Institute of Technology, and all such matters or proceedings pending before the New Jersey Institute of Technology on the effective date of this act shall be continued by the university, as if the foregoing provisions had not taken effect.

##### **§ 18A:64E-28** References mean New Jersey Institute of Technology {#sec-18a-64e-28 omnilex-key=us-nj-statutes--title-18a--18A:64E-28}

17. Whenever in any law, rule, regulation, contract, document, judicial or administrative proceeding or otherwise, reference is made to the New Jersey Institute of Technology, the same shall mean and refer to the New Jersey Institute of Technology, herein referred to as "university," established as a public institution of higher education pursuant to the provisions of this act.

##### **§ 18A:64E-29** Board of trustees continued {#sec-18a-64e-29 omnilex-key=us-nj-statutes--title-18a--18A:64E-29}

18. The board of trustees of the university is continued and the provisions of this act shall not alter the term of any member of the board, not specifically abolished herein, lawfully in office as of the effective date of this act, or require the reappointment thereof.

##### **§ 18A:64E-30** Credit of State not pledged {#sec-18a-64e-30 omnilex-key=us-nj-statutes--title-18a--18A:64E-30}

19. No provision of this act shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit, of the State of New Jersey.

##### **§ 18A:64E-31** Liberal construction {#sec-18a-64e-31 omnilex-key=us-nj-statutes--title-18a--18A:64E-31}

20. This act, being deemed and declared necessary for the welfare of the State and the people of New Jersey to provide for the development of public higher education in the State and thereby to improve the quality and increase the efficiency of the public system of educational services of the State, shall be liberally construed to effectuate the purposes and intent thereof.

##### **§ 18A:64E-32** University allocated to Department of State {#sec-18a-64e-32 omnilex-key=us-nj-statutes--title-18a--18A:64E-32}

21. In accordance with the provisions of section 27 of the "Higher Education Restructuring Act of 1994," P.L.1994, c.48 (C.18A:3B-1 et seq.), the university is allocated to the Department of State for the purposes of complying with the provisions of Article V, Section IV, Paragraph 1 of the New Jersey Constitution. Notwithstanding this allocation, the university shall be independent of any supervision or control of the Department of State or any board, commission or officer thereof and the allocation shall not in any way affect the principles of institutional autonomy established by that act and as otherwise enumerated herein.

##### **§ 18A:64E-33** NJIT may enter into private partnerships agreements under certain circumstances. {#sec-18a-64e-33 omnilex-key=us-nj-statutes--title-18a--18A:64E-33}

4. Notwithstanding the provisions of section 43 of P.L.2009, c.90 (C.18A:64-85) to the contrary, the New Jersey Institute of Technology may enter into a public-private partnership agreement in accordance with the provisions of that section.

## **Chapter 64G** {#struct-chapter-64g}

##### **§ 18A:64G-6.1** Board members of University Hospital; appointment; organization; powers. {#sec-18a-64g-6.1 omnilex-key=us-nj-statutes--title-18a--18A:64G-6.1}

3. a. The management, supervision, and administration of University Hospital shall be vested in a 13-member board of directors of University Hospital. The board shall be comprised of:

(1) five members, or their designees, who shall serve ex-officio including: the Dean of New Jersey Medical School, the Dean of New Jersey Dental School, the President of Rutgers, The State University, the Mayor of Newark, and the Chancellor of the School of Biomedical and Health Sciences of Rutgers University;

(2) seven public members, three of whom shall be appointed by the Governor, with the advice and consent of the Senate, for a five-year term with one of these members being a resident of the City of Newark; and four of whom shall be appointed by the Governor without the advice and consent of the Senate, for a five-year term, except that upon the expiration of the term of these initial four members appointed pursuant to P.L.2012, c.45 (C.18A:64M-1 et al.), all seven public members appointed by the Governor shall require the advice and consent of the Senate; and

(3) one public member, who shall have experience in a health care field such as medicine, dentistry, pharmacology, nursing, physical or occupational therapy, or experience in a hospital management field such as finance, planning, human resources, research, or population health, appointed by the Governor.

A member of the board of directors shall serve until the member's successor is appointed and has qualified. Any vacancies in the membership occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only. Each member of the board of directors before entering upon the member's duties shall take and subscribe an oath to perform the duties of the office faithfully, impartially, and justly to the best of the member's ability. A record of the oath shall be filed in the office of the Secretary of State. Each member of the board may be removed from office by the Governor, for cause, after a public hearing.

b. The members of the board of directors shall meet at the call of the Governor for purposes of organizing. The board shall thereafter meet at such times and places as it shall designate.

c. The Governor shall designate one of the members as chairman of the board of directors. The board shall select the other officers from among its members as shall be deemed necessary.

d. The board of directors shall have the power to appoint and regulate the duties and procedures of committees, standing or special, from its members and such advisory committees or bodies, as it may deem necessary or conducive to the efficient management and operation of the hospital.

e. The board shall have the power and duty to exercise general oversight over the affairs of University Hospital to ensure the fulfillment of its mission and to:

(1) direct and control expenditures of University Hospital funds;

(2) borrow money;

(3) enter into contracts with the State or federal government, or any individual, firm, or corporation;

(4) solicit and accept grant moneys;

(5) acquire, own, lease, dispose of, use, and operate property;

(6) sue and be sued;

(7) enter into a contract or other agreement with a nonprofit corporation operating one or more hospitals in New Jersey to operate and manage or assist in the operation and management of University Hospital; and

(8) hire, fire, and fix salaries for all employees of University Hospital.

##### **§ 18A:64G-6.1a** Powers of University Hospital. {#sec-18a-64g-6.1a omnilex-key=us-nj-statutes--title-18a--18A:64G-6.1a}

14. a. University Hospital shall be the principal teaching hospital of New Jersey Medical School and New Jersey Dental School, and any other Newark-based medical education program. University Hospital is hereby established as a body corporate and politic and shall be treated and accounted for as a separate non-profit legal entity from Rutgers, The State University, and its assets, liabilities, and funds shall not be consolidated or commingled with those of Rutgers, The State University. The exercise by University Hospital of the powers conferred by this act shall be deemed to be public and essential government functions necessary for the welfare and health of the State and the people of New Jersey and University Hospital shall be an instrumentality of the State.

b. All monies allocated to the University of Medicine and Dentistry of New Jersey for the use of University Hospital, regardless of their source, and which remain unexpended on the effective date of P.L.2012, c.45 (C.18A:64M-1 et al.), shall be transferred to University Hospital.

c. All appropriations that are intended for the use of University Hospital, on or after the effective date of P.L.2012, c.45 (C.18A:64M-1 et al.), shall be made directly to University Hospital.

d. The amount of State funding provided to University Hospital shall be sufficient to maintain the level of community services provided on the effective date of P.L.2012, c.45 (C.18A:64M-1 et al.) and to maintain University Hospital as an acute care facility and trauma center.

e. To the maximum extent possible, consistent with applicable law, the State shall assist University Hospital in the refinancing of that portion of the debt of the University of Medicine and Dentistry of New Jersey attributable to University Hospital.

##### **§ 18A:64G-6.1b** University Hospital Community Oversight Board. {#sec-18a-64g-6.1b omnilex-key=us-nj-statutes--title-18a--18A:64G-6.1b}

15. a. There is established a nine-member advisory board to be designated as the University Hospital Community Oversight Board. The purpose of the board shall be to ensure that the mission of the hospital and the intent of the "Agreements Reached Between Community and Government Negotiators Regarding New Jersey College of Medicine and Dentistry and Related Matters of April 30, 1968" to provide a comprehensive health program to the community in the City of Newark, including, but not limited to, ensuring access to all essential health care services provided by the hospital, are upheld.

b. The membership of the University Hospital Community Oversight Board shall be comprised of:

(1) four members who shall serve ex officio, including: the President of Rutgers University; and the Chief Executive Officer, Chief Financial Officer, and Chief Medical Officer of University Hospital; and

(2) five public members to be appointed as follows:

(a) two representatives of organized labor, one appointed by the head of the largest union that is affiliated with the AFL-CIO and represents persons employed at University Hospital and one appointed by the head of the largest union that is not affiliated with the AFL-CIO and represents persons employed at University Hospital;

(b) one person who is a resident of the City of Newark appointed by the Governor, with the advice and consent of the Senate;

(c) one person who is a resident of the City of Newark appointed by the President of the Senate; and

(d) one person appointed by the Speaker of the General Assembly.

c. The public members of the board shall serve for a five-year term; except that of the members first appointed, three shall serve for a term of five years, one for a term of three years, and one for a term of two years. A member of the board shall serve until the member's successor is appointed. A vacancy in the membership, occurring other than by expiration of term, shall be filled in the same manner as the original appointment but for the unexpired term only.

d. The members of the board shall select a chairperson and vice chairperson from among themselves. The board shall organize as soon as practicable following the appointment of its members. The chairperson shall appoint a secretary who need not be a member of the board.

e. The board shall meet at such times and places as it shall designate.

f. University Hospital shall provide such staff support to the board as it deems necessary to carry out its duties.

##### **§ 18A:64G-6.1c** Rights of transferred employees. {#sec-18a-64g-6.1c omnilex-key=us-nj-statutes--title-18a--18A:64G-6.1c}

16. a. Nothing in this act shall be construed to deprive any officers or employees of the University of Medicine and Dentistry of New Jersey who become employees of University Hospital of their rights, privileges, obligations, or status with respect to any pension, retirement, or health benefits system. The employees shall retain all of their rights and benefits under existing collective negotiations agreements or contracts until such time as new or revised agreements or contracts are agreed to and such employees shall continue to be represented by the majority representative that represented them as employees of the University of Medicine and Dentistry of New Jersey unless the employees choose to change their majority representative pursuant to law. University Hospital shall assume all obligations under existing or expired collective negotiations agreements that covered employees of the University of Medicine and Dentistry of New Jersey on the effective date of this act and who become employees of University Hospital.

Employees in an existing University of Medicine and Dentistry of New Jersey negotiations unit who are transferred to or become employees of University Hospital shall be deemed to constitute an appropriate collective negotiations unit under the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.).

Nothing in this act shall affect the civil service status, if any, of those officers or employees. Nothing in this act shall affect the tenure, rank, or academic track of any person holding a faculty position that is associated with University Hospital.

b. The employees of the University of Medicine and Dentistry of New Jersey who become employees of University Hospital pursuant to the provisions of this act shall not be considered new employees for any purpose and shall retain any accrued seniority, rank, and tenure, which shall be applied when determining eligibility for all benefits, including all paid leave time, longevity increases, and promotions.

c. If employees of the University of Medicine and Dentistry of New Jersey, who become employees of University Hospital, are transferred to, or otherwise become employees of, a new entity as a result of a restructuring or reorganization pursuant or subsequent to this act, those employees shall remain "employees" within the meaning of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.) and any applicable State pension and health benefits laws, and shall retain all of their rights and benefits under existing or expired collective negotiations agreements or contracts until such time as new or revised agreements or contracts are agreed to. The new entity shall be an "employer" within the meaning of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.) and any applicable State pension and health benefits laws, and shall assume all obligations under existing or expired collective negotiations agreements that covered employees while employed at University Hospital or the University of Medicine and Dentistry of New Jersey immediately prior to their transfer to the new entity. Employees in a University Hospital negotiations unit, who are transferred to a new entity, shall be deemed to constitute an appropriate collective negotiations unit under the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.).

d. Employees of University Hospital, who become employees of a new entity pursuant to the provisions of this act, shall not be considered new employees for any purpose and shall retain any accrued seniority, rank, and tenure, which shall be applied when determining eligibility for all benefits, including all paid leave time, longevity increases, and promotions.

##### **§ 18A:64G-6.1d** Approval of Superior Court required for acquisition of University Hospital. {#sec-18a-64g-6.1d omnilex-key=us-nj-statutes--title-18a--18A:64G-6.1d}

17. a. University Hospital shall be required to obtain approval from the Superior Court of New Jersey prior to entering into a transaction that results in the acquisition of the hospital, and shall satisfy the requirements of the "Community Health Care Assets Protection Act," P.L.2000, c.143 (C.26:2H-7.10 et seq.). Any acquisition of University Hospital by a new entity after the effective date of this act shall be structured so as to retain the status of University Hospital employees as public employees within the meaning of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.).

b. The Attorney General, in consultation with the Commissioner of Health and Senior Services, shall adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410, (C.52:14B-1 et seq.), to carry out the purposes of subsection a. of this section.

c. In determining whether the proposed acquisition is in the public interest, meaning that appropriate steps have been taken to safeguard the value of the hospital's public assets and to ensure that any proceeds from the proposed acquisition are irrevocably dedicated for appropriate charitable health care purposes, the same criteria and process shall apply as set forth in the "Community Health Care Assets Protection Act," P.L.2000, c.143 (C.26:2H-7.10 et seq.) and the Attorney General shall consider:

(1) whether the public entity that owns and operates the public hospital exercised due diligence in deciding to effectuate the acquisition, selecting the other party to the acquisition and negotiating the terms and conditions of the acquisition;

(2) the procedures used by the public entity in making its decision, including whether the appropriate expert assistance was used;

(3) whether conflicts of interest were disclosed, including conflicts relating to board members of the public hospital, executives of, and experts retained by, the public hospital, purchaser or other parties to the acquisition;

(4) whether any management contract under the acquisition is for reasonable value;

(5) whether the public entity will receive full and fair market value for its assets;

(6) whether the public entity established appropriate criteria in deciding to pursue the acquisition in relation to carrying out the mission and purpose of the public entity and the hospital;

(7) whether the acquisition is structured so as to retain the status of University Hospital employees as public employees within the meaning of subsection d. of section 3 of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-3) and any applicable State pension and health benefits laws; and

(8) any other criteria set forth in the "Community Health Care Assets Protection Act" or established pursuant to that act by the Attorney General.

d. University Hospital shall be required to obtain approval from the Department of Health and Senior Services prior to entering into a transaction that results in the acquisition of the hospital and shall satisfy the certificate of needs requirements.

e. The Commissioner of Health and Senior Services shall determine whether the proposed acquisition will result in the deterioration of the quality, availability, or accessibility of health care services in the affected communities.

f. For a period of five years, any substantive changes to essential health care services provided by University Hospital shall be subject to review by the University Hospital Community Oversight Board and approval by the Department of Health and Senior Services through a licensing review process.

g. University Hospital shall provide quarterly financial statements to the Department of Health and Senior Services which shall be posted on the hospital's public Internet website.

##### **§ 18A:64G-6.1e** Review, approval of management contracts. {#sec-18a-64g-6.1e omnilex-key=us-nj-statutes--title-18a--18A:64G-6.1e}

18. a. Prior to entering into a contract with a nonprofit corporation operating one or more hospitals in New Jersey to operate and manage or assist in the operation and management of University Hospital, the Department of Health and Senior Services shall review and approve all management contracts. Any management contract entered into by University Hospital shall be evaluated by the Department of Health and Senior Services based upon the following criteria:

(1) whether the hospital will continue its public mission and commitment to provide a comprehensive healthcare program and services to the greater Newark community, including acute care, and emergency and other essential services provided by the hospital;

(2) whether the cost of the management contract is fair and reasonable;

(3) whether the management contract provides for the full disclosure of all management and other fees;

(4) whether the management contract requires the hospital's annual audited financial statements be filed with the Department of Health and Senior Services and posted on the hospital website;

(5) whether the management contract retains status of University Hospital employees as public employees within the meaning of subsection d. of section 3 of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-3); and

(6) whether the University Hospital Community Oversight Board has reviewed the terms of the agreement.

b. Due to the unique nature of an acute care management contract, a competitive contracting method shall be used for a contract to operate and manage or assist in the operation and management of University Hospital. Prior to entering into a contract with a nonprofit corporation to operate and manage or assist in the operation or management of University Hospital, University Hospital shall prepare a Request for Proposals describing with reasonable specificity the management services to be provided by a nonprofit corporation, and shall publish the Request for Proposals on its public Internet website no less than 30 days prior to the date established by University Hospital for the submission of proposals for any contract for management services.

c. No less than 60 days prior to the award of any contract for management services, a notice of the intent to award a contract to manage and operate or assist in the management and operation of University Hospital shall be published on the hospital's public Internet website.

d. Any management contract entered into by University Hospital after the enactment date of this act shall retain the status of University Hospital bargaining unit employees as public employees within the meaning of subsection d. of section 3 of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-3). Employees of the nonprofit corporation awarded the contract to manage and operate University Hospital shall not be required to be public employees within the meaning of subsection d. of section 3 of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-3). Employees of the nonprofit corporation awarded the management contract shall not perform the duties of public employees represented by majority representatives employed by University Hospital prior to the effective date of the management contract, except to the extent that such duties are incidental to their management duties.

e. Any contract with a nonprofit corporation operating one or more hospitals in New Jersey to manage and operate or assist in the management or operation of University Hospital entered into after the enactment date of this act shall satisfy all conditions set forth in this section.

##### **§ 18A:64G-6.1f** Internet website for board of directors. {#sec-18a-64g-6.1f omnilex-key=us-nj-statutes--title-18a--18A:64G-6.1f}

19. University Hospital shall maintain an Internet website for the board of directors. The purpose of the website shall be to provide increased public access to board operations and activities. The following information shall be posted on the board's website:

a. the board's rules, regulations, resolutions, and official policy statements;

b. notice, posted at least five business days prior to a meeting of the board or any of its committees, setting forth the time, date, location, and agenda of the meeting;

c. the minutes of each meeting of the board and its committees; and

d. information on any contract entered into by the board for the operation or management of the hospital.

The website shall be updated on a regular basis.

##### **§ 18A:64G-6.1g** Five-year period for review of substantive changes. {#sec-18a-64g-6.1g omnilex-key=us-nj-statutes--title-18a--18A:64G-6.1g}

149. For a period of five years after the effective date of P.L.2012, c.45 (C.18A:64M-1 et al.), any substantive changes that result in the diminution, deterioration or reduction to essential health care services currently provided by University Hospital, including but not limited to, emergency, pediatric, surgical, family health, outpatient ambulatory diagnostic, treatment and clinical services, cancer treatment services and all services essential to maintaining level one trauma status, shall be subject to review by the University Hospital Community Oversight Board and approval by the Department of Health and Senior Services through a licensing review process. In determining whether to approve a substantive change in an essential service provided by University Hospital, among the factors the Department of Health and Senior Services shall consider is whether that service will continue to be provided to the greater Newark community through collaborative or other arrangements with area hospitals.

University Hospital shall provide quarterly financial statements to the Department of Health and Senior Services which shall be posted on the hospital's public Internet website.

##### **§ 18A:64G-6.1h** Disposition of medical malpractice claims. {#sec-18a-64g-6.1h omnilex-key=us-nj-statutes--title-18a--18A:64G-6.1h}

150. For medical malpractice claims incurred at University Hospital, occurring before or after the effective date of this act, University Hospital and its employees shall be represented by the Attorney General in all such matters. The Department of the Treasury shall enter into a memorandum of agreement with University Hospital modeled on the June, 2003 memorandum of agreement between the Department of the Treasury and the University of Medicine and Dentistry concerning the Self-Insurance Reserve Fund, and moneys in the fund known as the Self-Insurance Reserve Fund shall be available to University Hospital solely to indemnify and defend medical malpractice claims against employees, officers, and servants at University Hospital.

##### **§ 18A:64G-6.1i** Liberal construction relative to certain contracts, agreements. {#sec-18a-64g-6.1i omnilex-key=us-nj-statutes--title-18a--18A:64G-6.1i}

151. a. The provisions of P.L.2012, c.45 (C.18A:64M-1 et al.) and the authorization pursuant to section 3 of P.L.2006, c.95 (C.18A:64G-6.1) for the board of directors of University Hospital to enter into a contract or other agreement with a nonprofit corporation for the operation and management of University Hospital is to be liberally construed to promote the purposes of P.L.2012, c.45 (C.18A:64M-1 et al.) and to permit the contracted manager to operate University Hospital and exercise the powers described herein notwithstanding that its actions might be deemed anti-competitive or a restraint of trade under any state or federal antitrust laws.

b. In the event that the board of directors of University Hospital enters into a contract or other agreement with a nonprofit corporation for the operation and management of University Hospital, the contracted manager may, in addition to any other authorized duties:

(1) make and execute contracts, and any other instruments including agreements in furtherance of the purposes of P.L.2012, c.45 (C.18A:64M-1 et al.) with any health systems and providers of health care services, private payors, or other parties; and

(2) form and operate networks of hospitals, physicians, and other health care providers, arrange for the provision of health care services through such networks, and enter into such agreements, joint ventures, and affiliations directly related to the management of University Hospital.

c. Notwithstanding the provisions of subsections a. and b. of this section, University Hospital shall continue to be the principal teaching hospital of the New Jersey Medical School, the New Jersey Dental School, and any other Newark-based medical education program. University Hospital clinicians shall continue to have faculty appointments in a Newark-based school. Bargaining unit employees employed at University Hospital shall retain their status as public employees within the meaning of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), and such employees shall continue to provide the services they were providing prior to University Hospital entering into a management contract. There shall be no substantive changes that result in the diminution, deterioration, or reduction to essential health care services currently provided by University Hospital for a period of five years after the effective date of P.L.2012, c.45 (C.18A:64M-1 et al.) without review by the University Hospital Community Oversight Board and approval by the Department of Health and Senior Services, and any management contract shall conform to all other requirements of P.L.2012, c.45 (C.18A:64M-1 et al.).

##### **§ 18A:64G-7** Additional powers {#sec-18a-64g-7 omnilex-key=us-nj-statutes--title-18a--18A:64G-7}

7. The board of trustees, in addition to the other powers and duties provided herein, shall have and exercise the powers, rights and privileges that are incident to the proper government, conduct and management of the university and the control of its properties and funds and such powers granted to the university or the board or reasonably implied, may be exercised without recourse or reference to any department or agency of the State, except as otherwise provided by this act.

##### **§ 18A:64G-8** Investment of funds; finance committee of board {#sec-18a-64g-8 omnilex-key=us-nj-statutes--title-18a--18A:64G-8}

8. All functions, powers and duties relating to the investment or reinvestment of funds other than those funds specified in paragraph (5) of subsection (n) of section 6 of P.L.1970, c.102 (C.18A:64G-6) within the jurisdiction of the board of trustees including the purchase, sale or exchange of any investments or securities may be exercised and performed by the Director of the Division of Investment in accordance with the provisions of chapter 270 of the laws of 1950 (C.52:18A-79 et seq.) if so authorized by the board. Sections 9 and 10 of P.L.1970, c.102 (C.18A:64G-9 and 18A:64G-10) shall only be applicable in the event of such an election. Before any such investment, reinvestment, purchase, sale or exchange shall be made by the director for or on behalf of the board of trustees, the Director of the Division of Investment shall submit the details thereof to the board, which shall, itself or by its finance committee, within 48 hours, exclusive of Sundays and public holidays, after such submission to it, file with the director its written acceptance or rejection of such proposed investment, reinvestment, purchase, sale or exchange; and the director shall have authority to make such investment, reinvestment, purchase, sale or exchange for or on behalf of the board, unless there shall have been filed with him a written rejection thereof by the board or its finance committee as herein provided. The board of trustees shall determine from time to time the cash requirements of the various funds and accounts established by it and the amount available for investment, all of which shall be certified to the State Treasurer and the Director of the Division of Investment.

The finance committee of the board of trustees shall consist of three members of the board who shall be appointed in the same manner and for the same term as other committees of the board are appointed.

##### **§ 18A:64G-9** Authorized investments {#sec-18a-64g-9 omnilex-key=us-nj-statutes--title-18a--18A:64G-9}

The Director of the Division of Investment, in addition to other investments, presently or from time to time hereafter authorized by law, shall have authority, subject to any acceptance required, to invest and reinvest such funds in, and to acquire for or on behalf of the board such bonds or other evidence of indebtedness or capital stock or other securities issued by any company incorporated within the United States or within the Dominion of Canada, which shall be authorized or approved for investment by regulation of the State Investment Council and in which life insurance companies organized under the laws of this State may legally invest.

##### **§ 18A:64G-10** Depositories and custodians {#sec-18a-64g-10 omnilex-key=us-nj-statutes--title-18a--18A:64G-10}

The State Treasurer shall be the custodian of said board's investment funds, shall select all depositories and custodians and shall negotiate and execute custody agreements in connection with the assets or investments of any said funds.

##### **§ 18A:64G-11** President of university; powers and duties {#sec-18a-64g-11 omnilex-key=us-nj-statutes--title-18a--18A:64G-11}

The president of the university shall be responsible to the board of trustees and shall have such powers as shall be requisite, for the executive management and conduct of the university in all departments, branches and divisions, and for the execution and enforcement of the bylaws, rules, regulations and orders governing the management, conduct and administration of the university.

##### **§ 18A:64G-12** Employee retirement rights {#sec-18a-64g-12 omnilex-key=us-nj-statutes--title-18a--18A:64G-12}

Subject to the provisions of P.L.1969, c. 242 and except as otherwise provided by law, the university shall be deemed to be an employer for the purposes of P.L.1954, c. 84, the "Public Employees' Retirement System Act" (C. 43:15A-1 et seq.) and shall also be deemed to be a "public agency or organization" within the meaning of section 71 of said act (C. 43:15A-71). Prior service credit shall not be extended to any officer or employee of the university who enrolls in the public employees' retirement system if he is entitled to a pension or an annuity based on such prior service under any other pension act or program.

##### **§ 18A:64G-14** Personal liability of trustees and officers {#sec-18a-64g-14 omnilex-key=us-nj-statutes--title-18a--18A:64G-14}

No trustee or officer of the university shall be personally liable for any debt, obligation or other liability of the university or incurred by or on behalf of the university or any constituent unit thereof.

##### **§ 18A:64G-15** Debts and liabilities; pledge of credit {#sec-18a-64g-15 omnilex-key=us-nj-statutes--title-18a--18A:64G-15}

No provision in this act contained shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit, of the State of New Jersey.

##### **§ 18A:64G-16** Acquisition of university site by municipality; sale to university; municipal bond ordinance; gross debt reduction {#sec-18a-64g-16 omnilex-key=us-nj-statutes--title-18a--18A:64G-16}

(a) A municipality in which a site has been selected, under this act for the university is hereby authorized to acquire such site and the governing body thereof is hereby empowered to incur indebtedness, borrow, appropriate and expend money and issue negotiable bonds for such purpose.

(b) The governing body of such municipality is hereby empowered to enter into an agreement, or declaration of intention, with the board of trustees of the university, for the sale of such site to the university without compliance with the laws relating to the sale of public property.

(c) Any bonds of the municipality authorized under this section for the acquisition of such a site (including land, clearance and relocation) shall be authorized by a bond ordinance in form and adopted by the governing body in the manner or mode of procedure prescribed by the local bond law, constituting chapter 2 of Title 40A of the New Jersey Statutes and shall be issued in the manner or mode of procedure prescribed by said law, except that said bond ordinance may be adopted notwithstanding (1) the provisions of section 40A:2-6 of said law or debt or other limit prescribed by any other law, and (2) the provisions of section 40A:2-11 of said law and no down payment shall be required, and (3) the provisions of section 40A:2-8 of said law, may authorize the issuance of bond anticipation notes in anticipation of the issuance of the bonds authorized by the bond ordinance which may mature in not exceeding 1 year and may be renewed from time to time for periods not exceeding 1 year and all such notes, including renewals, shall mature and be payable not later than the third anniversary of the date of the original note, and (4) the provisions of section 40A:2-22 subdivision (d) and the governing body may determine that the period of usefulness for which bonds are authorized pursuant to this section, according to their reasonable life, computed from the date of the bonds, is a period not greater than 40 years.

(d) Any bonds or notes authorized by the municipality pursuant to this section shall constitute a deduction from its gross debt and shall not be considered in determining its net debt for debt incurring purposes.

##### **§ 18A:64G-17** Sale of municipal hospital to university {#sec-18a-64g-17 omnilex-key=us-nj-statutes--title-18a--18A:64G-17}

The governing body of any municipality in which a site has been selected for the university under this act and wherein a public hospital is located under the control of said governing body pursuant to chapter 9 of Title 30 of the Revised Statutes or any other law, is hereby empowered to enter into an agreement subject to the approval of the State House Commission, or declaration of intention, with the board of trustees of the university for the sale of such hospital to the university and such sale may be made without compliance with the laws relating to the sale of public property.

##### **§ 18A:64G-18** Retirement rights of former municipal hospital employees {#sec-18a-64g-18 omnilex-key=us-nj-statutes--title-18a--18A:64G-18}

The acquisition of the hospital by the university shall not alter the retirement anticipation of any former municipal employee of the hospital.

a. Upon the effective date of the acquisition of the hospital by the university the former municipal employees of the hospital who continue as employees of the university and who are members of a municipal retirement system established pursuant to P.L.1954, c. 218, as amended and supplemented (C. 43:13-22.3 et seq.), shall continue their membership in such retirement system. Following the year of such acquisition, the university shall pay annually to such retirement system on behalf of such members the amount of the employer's contribution as would have been required of the municipality under the terms of said P.L.1954, c. 218.

b. Upon the effective date of the acquisition of the hospital by the university, the former permanent municipal employees of the hospital who are not members of such municipal employees' retirement system and who anticipated the receipt of a pension from the municipality under the provisions of chapter 4 of Title 43 of the Revised Statutes or the "General Noncontributory Pension Act," P.L.1955, c. 263 (C. 43:8B-1 et seq.) shall continue their eligibility for such pension to be paid by the municipality. When any such pension shall be paid by the municipality on the basis of service rendered with the municipality and subsequently with the university the university shall annually pay to the municipality on account of such pension an amount which shall be in the same proportion as the employee's years of service with the university bear to his total service upon which the pension has been calculated.

##### **§ 18A:64G-19** Municipal hospital pension obligations; budget request; payment {#sec-18a-64g-19 omnilex-key=us-nj-statutes--title-18a--18A:64G-19}

The comptroller of the university shall include such employer pension obligations in his budget request for inclusion in the annual appropriation paid by the State to the university. Payment of such moneys shall be made to the municipality upon audit and warrant of the comptroller of the university.

##### **§ 18A:64G-20** Payment of retirement, death or other benefits to former municipal hospital employees {#sec-18a-64g-20 omnilex-key=us-nj-statutes--title-18a--18A:64G-20}

No retirement, death, or other benefits shall be payable by the State or the university to such former municipal employees, except that the board of trustees is hereby authorized and permitted to pay death benefits on behalf of certain former municipal employees of the hospital who continue as employees of the university as specified below, and to include in the annual budgets of the university such amounts as the board of trustees expects may be required to pay such benefits.

Upon death prior to retirement, the board of trustees may pay death benefits on behalf of former municipal employees of the hospital who, following the acquisition of the hospital by the university, have continued as employees of the university and, with respect to whom, no death benefit is payable either (a) under section 23 of P.L.1954, c. 218, as amended and supplemented (C. 43:13-22.25) or (b) under section 41, 45, 46, 48 or 49 of P.L.1954, c. 84 as amended and supplemented (C. 43:15A-41, 43:15A-45, 43:15A-46, 43:15A-48 and 43:15A-49).

The amount of benefits provided for each person specified above shall not exceed an amount equal to such person's annual salary as the employee of the university received at the time of death. If the Employees' Retirement System of the city of Newark, established pursuant to said P.L.1954, c. 218, as amended and supplemented from time to time, provides any other death benefit with respect to any employee of the university, exclusive of a return of contributions, the amount of death benefit pursuant to this provision shall be reduced by the amount of such other death benefit provided with respect to such employee under said system. Any person on behalf of whom the board of trustees may provide such death benefit may designate a beneficiary and may from time to time change his designation, by filing written notice thereof, over his signature, with the board of trustees. If at the death of a person with respect to whom a death benefit is payable there be no surviving designated beneficiary as to all, or any part of his death benefit then the amount of death benefit payable for which there is no surviving designated beneficiary shall be payable to the person or persons listed below surviving as of the date of his death in the following order of precedence: (1) to the widow or widower of such person; (2) if neither of the aforementioned, to the child or children of the person, in equal shares, and descendants of deceased children by representation; (3) if none of the aforementioned, to the parents of such person, in equal shares or the survivor of them; (4) if none of the aforementioned, to the duly appointed executor or administrator of the estate of such person; (5) if none of the aforementioned, to other next of kin of such person as may be determined by the board of trustees to be entitled under the laws of the domicile of such person at the time of his death.

##### **§ 18A:64G-21** Continuance as university employees {#sec-18a-64g-21 omnilex-key=us-nj-statutes--title-18a--18A:64G-21}

Upon the effective date of the acquisition of the hospital by the university, all permanent municipal employees of the hospital in the classified Civil Service, except physicians and dentists, shall continue as employees of the university and in accordance with the provisions of Title 11 of the Revised Statutes, Civil Service, shall not suffer loss of position or be removed, suspended or demoted except for cause.

##### **§ 18A:64G-22** Transfer of appropriations and other moneys {#sec-18a-64g-22 omnilex-key=us-nj-statutes--title-18a--18A:64G-22}

All appropriations, grants, and other moneys available and to become available to the New Jersey College of Medicine and Dentistry are hereby transferred to the College of Medicine and Dentistry of New Jersey established hereunder, and shall be available for the objects and purposes for which appropriated subject to any terms, restrictions, limitations or other requirements imposed by the State budget or by State and Federal law.

##### **§ 18A:64G-23** Transfer of employees {#sec-18a-64g-23 omnilex-key=us-nj-statutes--title-18a--18A:64G-23}

All employees of the New Jersey College of Medicine and Dentistry are hereby transferred to the College of Medicine and Dentistry of New Jersey. Nothing in this act shall be considered to deprive any person of any tenure rights or of any right or protection provided him under any pension law or retirement system or any other law of this State.

##### **§ 18A:64G-24** Transfer of files, records, etc. {#sec-18a-64g-24 omnilex-key=us-nj-statutes--title-18a--18A:64G-24}

All files, books, papers, records, equipment and other property of the New Jersey College of Medicine and Dentistry, are hereby transferred to the College of Medicine and Dentistry of New Jersey.

##### **§ 18A:64G-25** Effect of former orders, rules, regulations {#sec-18a-64g-25 omnilex-key=us-nj-statutes--title-18a--18A:64G-25}

This act shall not affect the orders, rules or regulations heretofore made or promulgated by the New Jersey College of Medicine and Dentistry, but such orders, rules and regulations shall continue with full force and effect as the orders, rules and regulations of the College of Medicine and Dentistry of New Jersey until amended or repealed pursuant to law.

##### **§ 18A:64G-26** Effect upon pending actions or proceedings {#sec-18a-64g-26 omnilex-key=us-nj-statutes--title-18a--18A:64G-26}

This act shall not affect actions or proceedings, civil or criminal, brought by or against the New Jersey College of Medicine and Dentistry, but such actions, or proceedings may be prosecuted or defended in the same manner and to the same effect by the College of Medicine and Dentistry of New Jersey, as if the foregoing provisions had not taken effect; nor shall any of the foregoing provisions affect any order or regulation made by, or other matters or proceedings before, the New Jersey College of Medicine and Dentistry, and all such matters or proceedings pending before the New Jersey College of Medicine and Dentistry on the effective date of this act shall be continued by the College of Medicine and Dentistry of New Jersey, as if the foregoing provisions had not taken effect.

##### **§ 18A:64G-27** Reports, certifications, etc.; filing {#sec-18a-64g-27 omnilex-key=us-nj-statutes--title-18a--18A:64G-27}

Whenever, pursuant to any existing law, reports, certifications, applications or requests are required or permitted to be made to the New Jersey College of Medicine and Dentistry, such reports and certifications shall hereafter be required to be filed with and such applications and requests are hereafter to be made to the College of Medicine and Dentistry of New Jersey.

##### **§ 18A:64G-28** Reference in law, rule, document, etc., to former college {#sec-18a-64g-28 omnilex-key=us-nj-statutes--title-18a--18A:64G-28}

Whenever in any law, rule, regulation, contract, document, judicial or administrative proceeding or otherwise, reference is made to the New Jersey College of Medicine and Dentistry, the same shall mean and refer to the College of Medicine and Dentistry of New Jersey.

##### **§ 18A:64G-29** Rights of state in former medical school; transfer {#sec-18a-64g-29 omnilex-key=us-nj-statutes--title-18a--18A:64G-29}

In order to carry out the purposes of this act and to provide the program of medical and dental education required for the benefit of the State and the people of New Jersey, all rights of the State of New Jersey in the Rutgers Medical School are hereby transferred to the College of Medicine and Dentistry of New Jersey. The college is hereby authorized to acquire the facilities of Rutgers Medical School and devote the same to the purposes of public higher education in the State in accordance with section 2 of this act and with the terms of any gift, grant, trust, contract or other agreement with the State or any of its political subdivisions or with the United States or with any public body, department or any agency of the State or the United States or with any individual, firm or corporation.

##### **§ 18A:64G-30** Acquisition of interest in Rutgers Medical School facilities; transfers to University of Medicine and Dentistry {#sec-18a-64g-30 omnilex-key=us-nj-statutes--title-18a--18A:64G-30}

Upon acquisition by the college of such interest in the facilities of Rutgers Medical School as will permit the college to carry out the purposes set forth in section 2 of this act:

(a) All appropriations available and to become available to the Rutgers Medical School and Rutgers, The State University for the purposes of the Rutgers Medical School shall be transferred to the College of Medicine and Dentistry of New Jersey by the Director of the Division of Budget and Accounting in the Department of the Treasury and shall be available for the objects and purposes for which appropriated, subject to any terms, restrictions, limitations or other requirements imposed by the State budget;

(b) All other grants, gifts, other moneys and property available and to become available to or for the Rutgers Medical School shall be transferred to the College of Medicine and Dentistry of New Jersey and shall be available for the objects and purposes of the college, subject to any terms, restrictions, limitations or other requirements imposed by State and Federal law or otherwise;

(c) All employees of the Rutgers Medical School shall become employees of the College of Medicine and Dentistry of New Jersey. Nothing in this act shall be considered to deprive any person of any tenure rights or of any right or protection provided him under any pension law or retirement system or any other law of this State;

(d) All files, books, papers, records, equipment and other personal property of Rutgers Medical School shall be transferred to the College of Medicine and Dentistry of New Jersey; and

(e) All orders, rules or regulations theretofore made or promulgated by Rutgers Medical School shall continue with full force and effect as the orders, rules and regulations of the College of Medicine and Dentistry of New Jersey until amended or repealed by the college.

##### **§ 18A:64G-31** Repealer {#sec-18a-64g-31 omnilex-key=us-nj-statutes--title-18a--18A:64G-31}

N.J.S. 18A:64C-1 through N.J.S. 18A:64C-3, N.J.S. 18A:64C-5 through N.J.S. 18A:64C-25, N.J.S. 18A:65-68 through N.J.S. 18A:65-72 and all other acts and parts of acts inconsistent with any of the provisions of this act, to the extent of such inconsistency, are superseded and repealed.

##### **§ 18A:64G-35** "Physician-Dentist Fellowship and Education Program to Provide Health Care to Persons with Developmental Disabilities." {#sec-18a-64g-35 omnilex-key=us-nj-statutes--title-18a--18A:64G-35}

1. There is established a "Physician-Dentist Fellowship and Education Program to Provide Health Care to Persons with Developmental Disabilities" within Rutgers, The State University. The purpose of the program is to provide physicians and dentists with graduate and fellowship training through academic institutions in the State and continuing medical and dental education on a Statewide basis, in the provision of medical and dental services to persons with developmental disabilities to ensure that these services are accessible and adequately available to persons with developmental disabilities in the State.

##### **§ 18A:64G-36** Establishment of consortium to advise director. {#sec-18a-64g-36 omnilex-key=us-nj-statutes--title-18a--18A:64G-36}

2. There is established a 17-member Consortium on Physician and Dentist Training in Health Care for Persons with Developmental Disabilities to advise the director of the program on the implementation of this act.

a. The members of the consortium shall include: one representative each from the pediatric medicine, family medicine, internal medicine, neurology and psychiatry programs at Rutgers, The State University, one representative from the New Jersey Dental School, and one representative of the University Affiliated Program, to be appointed by the President of Rutgers, The State University; the director of the Mainstreaming Medical Care program of The Arc of New Jersey, who shall serve ex officio; the Director of the Division of Developmental Disabilities in the Department of Human Services, who shall serve ex officio; the Director of the Division of Medical Assistance and Health Services in the Department of Human Services, who shall serve ex officio; the Commissioner of Health and Senior Services or the commissioner's designee, who shall serve ex officio; three health care provider public members appointed by the Commissioner of Human Services, one each upon the recommendation of the Medical Society of New Jersey, the New Jersey Association of Osteopathic Physicians and Surgeons and the New Jersey Dental Association; and three public members appointed by the Commissioner of Human Services, two of whom shall represent community organizations that advocate for persons with developmental disabilities and one of whom shall be a family member of a person with a developmental disability or a person with a developmental disability who is a self advocate.

The President of Rutgers, The State University and the Commissioner of Human Services shall make the appointments to the consortium within 60 days of the effective date of this act.

Members of the consortium shall serve for a term of three years and are eligible for reappointment, but of the members first appointed, five shall serve for a term of one year, four for a term of two years and four for a term of three years. Vacancies shall be filled in the same manner as the original appointments were made.

b. Members shall serve without compensation, but the public members shall be entitled to reimbursement for necessary expenses incurred in the performance of their duties and within the limits of funds appropriated to the program.

c. The consortium shall organize as soon as may be practicable after the appointment of its members. The Director of the Division of Developmental Disabilities shall serve as the chairman of the consortium. The members of the consortium shall elect a vice-chairman from among the members. All members, including ex officio members, shall be eligible to vote on all matters before the consortium. The director of the program, appointed pursuant to section 5 of this act, shall serve as secretary to the consortium.

d. The consortium shall assist the director of the program in establishing policies and procedures for the nomination and selection of physicians and dentists as program fellows. The consortium shall otherwise advise the director on the operation of the program as the director deems necessary, and as specified in this act.

##### **§ 18A:64G-37** Purpose of program. {#sec-18a-64g-37 omnilex-key=us-nj-statutes--title-18a--18A:64G-37}

3. The program shall:

a. Create training sites in each of the northern, central and southern regions of the State; b. Establish cooperative agreements with managed care organizations, community health centers and other health care facilities in the State, in which the program participants can provide medical and dental care to persons with developmental disabilities;

c. Establish standards for one to two year fellowships, which shall include clinical, didactic and research components, as appropriate, and provide stipends to the program fellows which are comparable to other post-graduate medical and dental fellowships offered in the State;

d. Establish collaborative, working relationships with Department of Human Services programs for the developmentally disabled, programs that deliver health care services to the disabled community and accredited residency programs in the State to provide training to medical and dental residents in the provision of health care to persons with developmental disabilities; and

e. Ensure the development and provision of continuing medical education and continuing dental education for physicians and dentists, respectively, on a Statewide basis, in the care of persons with developmental disabilities.

##### **§ 18A:64G-38** Qualifications for fellowship applicants. {#sec-18a-64g-38 omnilex-key=us-nj-statutes--title-18a--18A:64G-38}

4. A fellowship applicant shall:

a. Be a graduate of a medical school approved by the State Board of Medical Examiners for the purpose of licensure and receive a recommendation from the school's medical staff concerning participation in the program in the case of a physician, or be a graduate of a dental school approved by the New Jersey State Board of Dentistry for the purpose of licensure and receive a recommendation from the school's dental staff concerning participation in the program in the case of a dentist;

b. In the case of a physician, have completed a professional residency training program and have received a recommendation from the medical staff of the residency training program concerning participation in the program established pursuant to this act; and

c. Agree to provide medical or dental care to persons with developmental disabilities, as appropriate, in the State following completion of the fellowship for a time period equal to the length of the applicant's fellowship training.

##### **§ 18A:64G-39** Appointment of director. {#sec-18a-64g-39 omnilex-key=us-nj-statutes--title-18a--18A:64G-39}

5. The President of Rutgers, The State University shall, in consultation with the consortium, appoint a director for the program who shall be a State licensed physician. The director of the program need not be solely responsible for the program and may continue to have other duties. The director may, in consultation with the consortium, appoint regional chairmen or chairmen of medical or dental practice specialties, as the director deems necessary for the operation of the program.

##### **§ 18A:64G-40** Annual report to legislative committees. {#sec-18a-64g-40 omnilex-key=us-nj-statutes--title-18a--18A:64G-40}

6. The Commissioner of Human Services, in consultation with the consortium and the director of the program, shall report one year after the effective date of this act, and annually thereafter, to the Senate and General Assembly standing reference committees on health on the status of the program. The report shall include information about the design of the program, the number of medical and dental participants in the fellowship, residency training and continuing education components of the program, respectively, the fellowship participants' training locations and their practice specialties, and follow-up information about where the fellowship participants have chosen to practice after completion of their fellowship.

## **Chapter 64H** {#struct-chapter-64h}

##### **§ 18A:64H-1** Legislative findings and declarations {#sec-18a-64h-1 omnilex-key=us-nj-statutes--title-18a--18A:64H-1}

The Legislature hereby finds and declares that:

a. There is need to establish State support for a system of graduate medical education;

b. There is at present a serious deficiency in the number of practicing primary-care (family practice, general internal medicine, general pediatrics) physicians in certain geographic areas and among certain specialty-care physicians in the State;

c. In recognition of the need to provide educational programs to provide more trained physicians for the State, the State, through the passage of the "Medical and Dental Education Act of 1970," P.L.1970, c. 102 (C. 18:64G-1 et seq.) has created and supports medical schools under the College of Medicine and Dentistry of New Jersey as a matter of public policy of the State;

d. In recognition of the State's concern with respect to health care needs, the State, through the passage of the "Health Care Facilities Planning Act," P.L.1971, c. 136 (C. 26:2H-1 et seq.) has mandated health planning, hospital and health related services in all public and private institutions as a matter of public policy;

e. The mechanism to provide programs and facilities for graduate medical education is intimately related to the provision of training programs by private nonprofit and public hospitals throughout the State. Thus, while the methodology for financing undergraduate medical education has been provided, the equally important methodology for financing programs of graduate medical education is lacking;

f. Increasing financial limitations have made it extremely difficult for such private nonprofit and public hospitals to provide educational programs of high quality to attract graduates of the College of Medicine and Dentistry of New Jersey and other American medical schools. New Jersey residents are also forced to seek graduate medical education in out-of-state medical schools, such individuals rarely returning to practice their profession within the State; and

g. Financial aid to private nonprofit and public hospitals providing graduate medical education programs would additionally provide improvement of such institutions as high quality medical education centers and thereby serve to improve the retention rate of physicians within the State, and attract graduate physicians to nationally accredited graduate medical training programs, as well as to the practice of their professions within the communities served by such institutions.

##### **§ 18A:64H-2** Advisory graduate medical education council; establishment; purpose and functions {#sec-18a-64h-2 omnilex-key=us-nj-statutes--title-18a--18A:64H-2}

2. There is hereby established the Advisory Graduate Medical Education Council of New Jersey, which shall be responsible to the Commission on Higher Education. The purpose of this council shall be to make recommendations for the support, through federal, State and private funds, of graduate medical education programs in private nonprofit and public hospitals in the State, and to make recommendations for the development and implementation of new graduate medical education programs which will meet the needs of the citizens of the State. The functions of the council shall include, but not be limited to:

a. Obtaining and evaluating information concerning the graduate medical manpower needs of the citizens of the State;

b. Recommending standards and criteria for participation by private nonprofit and public hospitals in the State;

c. Reviewing individual institutional applications and recommending awards of support to particular institutions based on conformance with the identified needs of the citizens of the State and the standards and criteria recommended by the council;

d. Annually reviewing the educational programs provided by participating hospitals;

e. Annually reporting to the Governor and the Education Committees of the New Jersey Legislature on the council's activities pursuant to the provisions of this act.

##### **§ 18A:64H-3** Definitions {#sec-18a-64h-3 omnilex-key=us-nj-statutes--title-18a--18A:64H-3}

3. As used in this act:

a. "Council" means the Advisory Graduate Medical Education Council of New Jersey.

b. (Deleted by amendment, P.L.1994, c.48).

c. "Graduate medical education" means internship and residency programs fully or provisionally approved by either the Council on Medical Education of the American Medical Association and the appropriate physicians specialty board or the Office of Education of the American Osteopathic Association.

d. "Medical" and "physician" refer to doctors of medicine and doctors of osteopathy.

##### **§ 18A:64H-4** Council membership; appointment; terms; vacancies; advisory committees; executive director and employees; compensation. {#sec-18a-64h-4 omnilex-key=us-nj-statutes--title-18a--18A:64H-4}

4. The council shall consist of 15 members, 12 voting members and three nonvoting members; four members of the council shall be appointed by the Governor and 11 shall be ex officio members. The appointments shall consist of three representatives of the public and one student currently enrolled in a graduate medical training program; the appointed members shall be voting members of the council. The president of Rutgers, The State University, who shall serve as chairperson; a dean from one of the medical schools of Rutgers, The State University, to be selected by the president of Rutgers, The State University; the dean of the School of Graduate Medical Education of Seton Hall University; the president of the New Jersey Hospital Association; the president of the Association of Hospital Directors of Medical Education of New Jersey; the president of the New Jersey Association of Osteopathic Physicians and Surgeons; the president of the Medical Society of New Jersey; and the president of the New Jersey Council of Teaching Hospitals or their designated representatives shall be ex officio, voting members of the council. The Commissioner of Health and Senior Services; the president of the State Board of Medical Examiners and the Commissioner of Human Services or their designated representatives shall be ex officio, nonvoting members. The appointed members shall serve for a three-year term or until a successor is appointed. For those first appointed, two shall be appointed for a one-year term; one shall be appointed for a two-year term; and one shall be appointed for a three-year term. Any vacancies in the voting membership other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only. To assist the council in carrying out the intent of this act:

a. The council may appoint advisory committees representative of the medical and health care professions, educators, and students, representatives of medical and health care facilities and consumers. The advisory committees shall provide advice and assistance to the council for the council's performance of its designated functions.

b. The council may employ an executive director and additional staff to provide expertise in the gathering and analysis of data and administration. The executive director shall have the right to speak on all matters at meetings of the council but shall have no vote. The council and the advisory committees shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties.

##### **§ 18A:64H-5** Powers and duties of Commission on Higher Education {#sec-18a-64h-5 omnilex-key=us-nj-statutes--title-18a--18A:64H-5}

5. The Commission on Higher Education, upon the advice of the Advisory Council, with the concurrence of the Commissioner of Health, shall:

a. Plan for the development and implementation of graduate medical education programs in the State;

b. Set standards for qualification for participation by public and private nonprofit hospitals in the State;

c. Establish standards for the use and expenditures of funds appropriated pursuant to this act;

d. Determine the number and type of graduate medical education programs which should be supported in particular hospitals in relation to total State needs.

##### **§ 18A:64H-6** Standards for qualification for participation by private nonprofit and public hospitals {#sec-18a-64h-6 omnilex-key=us-nj-statutes--title-18a--18A:64H-6}

The standards established for qualification for participation by private nonprofit and public hospitals in the State under the provisions of the act, shall include, but not be limited to the following:

a. An educational plan and a training schedule by each hospital for each program for which it desires assistance under this act at the time of its application to the council, including definition of its affiliation relationship with a medical school.

b. The educational program of the hospital shall be determined to be one that will provide a high degree of academic excellence. The graduate medical training programs shall be approved fully or provisionally by either the Council on Medical Education of the American Medical Association and the appropriate physician specialty board or the Office of Education of the American Osteopathic Association.

c. The chief executive officer of each hospital or his designee shall be charged with the responsibility for coordinating and implementing the educational programs of the hospital with the council. One person whose qualifications shall be subject to the review of the council, and who must qualify for a medical school faculty appointment, shall be charged with directing each educational program in order for such program to receive funds provided by this act.

##### **§ 18A:64H-7** Standards for expenditure of funds {#sec-18a-64h-7 omnilex-key=us-nj-statutes--title-18a--18A:64H-7}

The standards for the expenditure of funds by private nonprofit and public hospitals pursuant to this act shall include, but shall not be limited to:

a. The relationship of the program to the graduate and undergraduate teaching programs of the College of Medicine and Dentistry of New Jersey and other United States accredited medical and osteopathic schools;

b. The hospital's need for added support for full-time hospital physicians in charge of services or departments maintaining approved graduate medical education programs;

c. The need for support of costs related to the training of graduate medical students;

d. The need for support of costs related to salaries of students enrolled in graduate medical training programs;

e. The need for support of traditional medical and audiovisual libraries necessary for graduate training programs at the hospital;

f. The need to encourage graduate training in those specialties demonstrated to have critical manpower shortages relative to the needs of New Jersey (for example, the current shortage of family physicians).

##### **§ 18A:64H-8** Rules {#sec-18a-64h-8 omnilex-key=us-nj-statutes--title-18a--18A:64H-8}

8. The Commission on Higher Education shall promulgate such rules as are necessary to carry out the purpose of this act.

##### **§ 18A:64H-9** "Advisory Committee on Alternatively Accredited Medical School Clinical Clerkships." {#sec-18a-64h-9 omnilex-key=us-nj-statutes--title-18a--18A:64H-9}

1. a. There is created, within the Office of the Secretary of Higher Education, the "Advisory Committee on Alternatively Accredited Medical School Clinical Clerkships."

The advisory committee shall consist of 11 members as follows: the Commissioner of Health and Senior Services or his designee, who shall serve ex officio; four members appointed by the Governor who include one representative of the Medical Society of New Jersey, one representative of the New Jersey Association of Osteopathic Physicians and Surgeons, one representative of the New Jersey Hospital Association and one representative of an alternatively accredited medical school; two members appointed by the President of the Senate who include one representative of the New Jersey Council of Teaching Hospitals and one representative of a teaching hospital in New Jersey that has students from an alternatively accredited medical school participating in a clinical clerkship program; two members appointed by the Speaker of the General Assembly who include one representative of an alternatively accredited medical school and one representative of a teaching hospital in New Jersey that has students from a medical school of Rutgers, The State University in a clinical clerkship program; one member appointed by the State Board of Medical Examiners; and one member appointed by the President of Rutgers, The State University. No two members of the advisory committee shall be representatives of the same medical school or hospital.

b. Members shall serve for a term of three years from the date of their appointment and until their successors are appointed and qualified, except that of the members first appointed, four members shall serve for a term of one year, three members shall serve for a term of two years and three members shall serve for a term of three years. Vacancies shall be filled for the balance of the unexpired term in the same manner as the original appointments were made. A member of the advisory committee shall be eligible for reappointment.

c. The members of the advisory committee shall serve without compensation, but shall be reimbursed for necessary and reasonable expenses actually incurred in the performance of their duties, within the limits of funds appropriated or otherwise made available to the advisory committee for this purpose.

d. The advisory committee shall select a chairman from among its members, who shall serve a one-year term but may serve successive terms. The advisory committee shall meet upon the call of the chairman or of a majority of its members. A majority of the members of the advisory committee shall constitute a quorum, and no action of the advisory committee shall be taken except upon the affirmative vote of a majority of the members of the entire advisory committee.

e. As used in this act, "alternatively accredited medical school" means a medical school located outside the United States: (1) in a country that applies accreditation standards that have been determined by the National Committee on Foreign Medical Education and Accreditation within the United States Department of Education to be comparable to the accreditation standards applied to medical schools located within the United States; (2) that continues to meet the accreditation standards of that country; and (3) has medical school students participating in a clinical clerkship program in New Jersey prior to the effective date of this act, or is approved by the Advisory Graduate Medical Education Council of New Jersey pursuant to section 4 of this act to operate a clinical clerkship program in this State.

##### **§ 18A:64H-10** Duties of committee {#sec-18a-64h-10 omnilex-key=us-nj-statutes--title-18a--18A:64H-10}

2. The Advisory Committee on Alternatively Accredited Medical School Clinical Clerkships shall:

a. Recommend standards for appropriate facilities to be used in clinical clerkship programs operated by an alternatively accredited medical school;

b. Make recommendations as to the number and type of clinical clerkship programs that may be directed by an alternatively accredited medical school at a teaching hospital in this State, based upon the capacity of that hospital and the health care needs of the community in which the hospital is located;

c. Review the clinical clerkship programs operated by alternatively accredited medical schools in this State, and prepare a report which shall include, but not be limited to, a description and analysis of:

(1) the teacher to student ratio, the resident to clinical clerkship student ratio and the capacity of each teaching hospital operating a clinical clerkship program;

(2) the number and type of clerkship positions that are filled and the number and type of clerkship positions that are requested by alternatively accredited medical schools;

(3) the number of alternatively accredited medical school graduates who participated in clinical clerkships in the State and have attained residencies in New Jersey;

(4) the types and locations of residencies accepted by clinical clerkship students, identifying types and locations of residencies accepted by students of alternatively accredited medical schools and of medical schools located within the United States;

(5) the degree of success of the clinical clerkship programs operated by alternatively accredited medical schools as measured by the use of the same criteria as published in the Journal of the American Medical Association annual education report; and

(6) any recommendations to the Legislature, including any proposed legislation, which it may desire to recommend for enactment; and

d. Make recommendations to the Advisory Graduate Medical Education Council of New Jersey with respect to the operation of clinical clerkship programs operated by alternatively accredited medical schools at teaching hospitals in this State.

##### **§ 18A:64H-11** Existing clinical clerkship programs continued {#sec-18a-64h-11 omnilex-key=us-nj-statutes--title-18a--18A:64H-11}

3. An alternatively accredited medical school that is operating a clinical clerkship program on the effective date of this act is authorized to continue its existing clinical clerkship program, provided it maintains its accreditation status as provided in subsection e. of section 1 of this act.

##### **§ 18A:64H-12** Regulations relative to medical schools located outside the U.S. {#sec-18a-64h-12 omnilex-key=us-nj-statutes--title-18a--18A:64H-12}

4. a. A medical school located outside of the United States: (1) in a country that applies accreditation standards that have been determined by the National Committee on Foreign Medical Education and Accreditation within the United States Department of Education to be comparable to the accreditation standards applied to medical schools located within the United States; and (2) that continues to meet the accreditation standards of that country, but is not an alternatively accredited medical school on the effective date of this act, as that term is defined in this act, may apply to the Advisory Graduate Medical Education Council of New Jersey, pursuant to this section, to be approved to operate a clinical clerkship program in this State.

b. The council shall adopt regulations specifying the criteria for approval of a foreign medical school to operate a clinical clerkship program in the State. The criteria shall include, but not be limited to, satisfactory evaluation, pursuant to a site visit, of the applicant's institution, including both its main campus and any clinical facilities in locations other than the main campus.

c. The applicant shall be responsible for all costs incurred by persons designated by the council, who are experienced in medical education program evaluation, for conducting the site visit, and by the council for reviewing and processing the application.

d. After a medical school is approved by the council to operate a clinical clerkship program, it may apply to the council for authorization to operate a specific clinical clerkship program in this State, in accordance with standards adopted by the council. The standards shall include, but not be limited to, those standards listed in paragraphs (1) through (9) of subsection b. of section 5 of this act.

e. A medical school that has been approved by the council, pursuant to this act, to operate a specific clinical clerkship program in this State shall be deemed an alternatively accredited medical school for the purposes of this act, provided it maintains its accreditation status as provided in subsection e. of section 1 of this act.

f. A medical school authorized to operate a specific clinical clerkship program pursuant to this section may apply to the council to increase the number of students participating in the clinical clerkships or to increase the number of programs operated by the school, pursuant to the requirements of section 5 of this act.

##### **§ 18A:64H-13** Review of applications, conditions for approval {#sec-18a-64h-13 omnilex-key=us-nj-statutes--title-18a--18A:64H-13}

5. The Advisory Graduate Medical Education Council of New Jersey shall review each application made by an alternatively accredited medical school to increase the number of students participating in clinical clerkships or to increase the number of programs operated by the school. The application shall be made in a form and manner prescribed by the council.

a. The council shall notify the applicant, in writing, of the approval or disapproval of an application within 90 days; except that, if the council determines that the application is not complete or additional information is required before the council can make a determination, the council shall notify the applicant in writing and shall have an additional 90 days after receipt of the requested information to approve or disapprove the application. If the council does not affirmatively approve or disapprove the application, or request additional information concerning the application, within 90 days of its submission, the application shall be deemed approved.

b. The council shall approve an application if the applicant demonstrates that it meets the registration standards comparable to those promulgated by the Liaison Committee on Medical Education, which include, but are not limited to: (1) a requirement that a medical student who will participate in a clinical clerkship program shall have successfully completed the United States Medical Licensing Examination - Step 1; (2) the hospital is accredited by the Joint Commission on Accreditation of HealthCare Organizations; (3) the clinical clerkship program shall take place in a hospital with an approved Accreditation Council for Graduate Medical Education or American Osteopathic Association residency training program in the clinical area of instruction for which credit is sought; (4) clinical instruction shall be supervised by a Director of Medical Education; (5) clinical instruction shall be provided pursuant to a written agreement that includes a written curriculum for each individual clinical subject; (6) the hospital shall insure that there is a minimum daily census in each clerkship area that will meet the instructional needs of the clinical subject; (7) the hospital shall have on the premises a library facility that has adequate resources to support clinical clerkships in each core area; (8) each department chair shall be board certified in the specialty area in his department; and (9) the hospital shall ensure a ratio of no less than one medical resident for every two clinical clerkship students.

c. If the council disapproves the application, the notification of disapproval shall specify each deficiency, including the reason the applicant failed to meet the registration standards, and shall provide information on remedial steps that applicant must take to meet the standard. An applicant shall be provided the opportunity to submit evidence of remediation, within a time period specified by the council.

d. The applicant shall be responsible for all costs incurred by the council for reviewing and processing the application.

##### **§ 18A:64H-14** Procedures when clinical clerkship student rejected by teaching hospital {#sec-18a-64h-14 omnilex-key=us-nj-statutes--title-18a--18A:64H-14}

6. Notwithstanding the provisions of this act to the contrary, if a State-funded institution of higher education and an alternatively accredited medical school both operate clinical clerkship programs at a teaching hospital with an institutional academic clinical clerkship agreement with that State-funded institution of higher education:

a. Upon a showing by a State-funded institution of higher education that one or more of its clinical clerkship students has been rejected by that teaching hospital because the hospital's clinical clerkship positions were filled to capacity, the alternatively accredited medical school shall take immediate steps to withdraw a corresponding number of its students from its clinical clerkship program at the hospital so that the students at the State-funded institution are able to secure clerkship positions at that hospital.

In the event that its students have been rejected by a hospital pursuant to this subsection, the State-funded institution of higher education shall provide the Advisory Graduate Medical Education Council of New Jersey with a letter from the hospital, which states that the hospital's clinical clerkship program is filled to capacity; or

b. If a State-funded institution of higher education receives notice from the Liaison Committee on Medical Education, in the course of its standard four-year review, that the committee finds that such hospital does not have the capacity to support all of the clinical clerkship positions or programs that are currently operating at the hospital and the accreditation status of the State-funded institution may be in jeopardy because of the lack of capacity at that hospital, the alternatively accredited medical school shall take immediate steps to withdraw its students from its clinical clerkship program at the hospital.

In the event that the committee provides such notice to the State-funded institution, the institution shall provide the Advisory Graduate Medical Education Council of New Jersey with a letter from the committee stating the committee's findings.

c. If an alternatively accredited medical school is required to withdraw any of its students from such hospital pursuant to subsection a. or b. of this section, the school shall not be permitted to increase the number of students participating in the school's clinical clerkship program at that hospital until such time as the school provides a letter from the hospital or the committee, as appropriate, which states that the hospital has sufficient capacity to absorb the increase without jeopardizing existing clinical clerkship programs at that hospital operated by the State-funded institution. Upon providing the letter to the Advisory Graduate Medical Education Council of New Jersey, the school may apply to increase the number of students participating in the clerkship program in accordance with the provisions of this act.

##### **§ 18A:64H-15** Regulations {#sec-18a-64h-15 omnilex-key=us-nj-statutes--title-18a--18A:64H-15}

7. The Commission on Higher Education, in consultation with the Advisory Graduate Medical Education Council of New Jersey, shall adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to carry out the purposes of this act.

## **Chapter 64I** {#struct-chapter-64i}

##### **§ 18A:64I-1** Certain land used in perpetuity. {#sec-18a-64i-1 omnilex-key=us-nj-statutes--title-18a--18A:64I-1}

1. The 240 acre tract of land known as the New Jersey School of Conservation, located in Stokes State Forest, Sussex county, New Jersey, together with all the buildings thereon, and under the management and control of the Division of Parks and Forestry in the Department of Environmental Protection, shall be used in perpetuity as a school for environmental field study under the direction of the Friends of the New Jersey School of Conservation, a tax-exempt nonprofit organization. Within 60 days of enactment, the Friends of the New Jersey School of Conservation will enter into a lease or similar agreement with the Department of Environmental Protection upon such terms as are customary for the Department of Environmental Protection's administration of state lands or other residential facilities and as otherwise agreed upon by the parties.

##### **§ 18A:64I-4** Stokes state forest reserve; responsibility of division of parks, forestry and recreation {#sec-18a-64i-4 omnilex-key=us-nj-statutes--title-18a--18A:64I-4}

The Division of Parks, Forestry and Recreation in the Department of Environmental Protection shall retain responsibility for the care, management and preservation of the Stokes State Forest reserve as provided for other State forest reserves by P.L.1966, c. 54, section 2 (C. 13:1B-15.101).

##### **§ 18A:64I-5** Financial statement; revenue, expenditure estimates; Governor, Commissioner of Environmental Protection, Legislature. {#sec-18a-64i-5 omnilex-key=us-nj-statutes--title-18a--18A:64I-5}

2. a. No later than January 15 of each year, the Friends of the New Jersey School of Conservation shall submit to the Governor, Commissioner of Environmental Protection, and the Legislature a financial statement that contains all available revenue and expenditure figures for the New Jersey School of Conservation during the current fiscal year and an estimate of revenue and expenditure figures for the subsequent fiscal year, including a requested amount for State funding for the subsequent fiscal year.

b. The Department of Environmental Protection shall provide all moneys appropriated by an annual appropriations act for the maintenance and support of the New Jersey School of Conservation to the Friends of the New Jersey School of Conservation, which shall expend the funds for the expenses necessary for the operation of the New Jersey School of Conservation, including maintenance of the grounds and buildings, purchase of equipment, funding educational programs, and housing students and teachers.

## **Chapter 64J** {#struct-chapter-64j}

##### **§ 18A:64J-1** Hazardous, toxic substance management center {#sec-18a-64j-1 omnilex-key=us-nj-statutes--title-18a--18A:64J-1}

The Legislature finds and declares that the management of hazardous and toxic substances is one of the most pressing problems confronting the citizens of our State. Progress in this area is expected to produce significant health benefits and an increase in economic growth for our citizenry. The Legislature further finds that the establishment of an advanced technology center in hazardous and toxic substance management is desirable.

##### **§ 18A:64J-2** Definitions. {#sec-18a-64j-2 omnilex-key=us-nj-statutes--title-18a--18A:64J-2}

2. For the purposes of this act:

a. "Advanced technology center" means one or more outstanding programs or departments at New Jersey's public and private institutions of higher education, which are provided substantial and concentrated financial support to promote their development into national-level bases for innovative technology research.

b. "Business incubation facilities" means low-cost, short-term occupancy, rental spaces wherein assistance is granted to a targeted network of new companies employing selected technologies congruent with the strengths of the State's public and private institutions of higher education.

c. "Commission" means the Governor's Commission on Science and Technology as created by Executive Order No. 12 of 1982 or its successor which is established by the Legislature.

d. "Consortium" means a cooperative arrangement between two or more institutions of higher education to pursue a program for strengthening academic programs, improving administration or providing for other special needs.

e. "Innovation partnership grants" means matching grants to academic researchers performing applied research in emerging technologies at any of the State's public and private institutions of higher education, which are of strategic importance to the New Jersey economy, under regulations adopted by the commission pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

f. "Private institutions of higher education" means independent colleges, universities or institutes incorporated and located in New Jersey, which by virtue of law or character or license are nonprofit educational institutions authorized to grant academic degrees and which provide a level of education which is equivalent to the education provided by the State's public institutions of higher education as attested by the receipt of and continuation of regional accreditation by the Middle States Association of Colleges and Schools, and which are eligible to receive State aid under the provisions of the Constitution of the United States and the Constitution of the State of New Jersey, but does not include any educational institution dedicated primarily to the education or training of ministers, priests, rabbis or other professional persons in the field of religion.

g. "Public institutions of higher education" means Rutgers, The State University, the State colleges, the New Jersey Institute of Technology, Rowan University, Montclair State University, Kean University, the county colleges and any other public university or college now or hereafter established or authorized by law.

h. "Technology extension services" means programs that not only accelerate the application and transfer of technological innovations by the State's public and private institutions of higher education to existing industry, but also adapt these innovations to the requirements of individual business operations.

##### **§ 18A:64J-3** Advanced Technology Center in Hazardous and Toxic Substance Management. {#sec-18a-64j-3 omnilex-key=us-nj-statutes--title-18a--18A:64J-3}

3. There is established the Advanced Technology Center in Hazardous and Toxic Substance Management, hereinafter referred to as the center, at the New Jersey Institute of Technology in the City of Newark, County of Essex with the cooperation of a research and public policy consortium led by the New Jersey Institute of Technology and including Stevens Institute of Technology, and Rutgers, The State University. Various other public and private institutions of higher education and their faculties may be considered for participation in the work of the center in the future by the commission.

##### **§ 18A:64J-4** Director {#sec-18a-64j-4 omnilex-key=us-nj-statutes--title-18a--18A:64J-4}

As soon as practicable, the participating institutions, in consultation with and under regulations adopted by the commission, shall appoint a director of the center.

##### **§ 18A:64J-5** Procedures {#sec-18a-64j-5 omnilex-key=us-nj-statutes--title-18a--18A:64J-5}

Under the leadership of the New Jersey Institute of Technology, the participating institutions shall develop procedures to:

a. Administer and operate the center;

b. Appoint, remove and transfer personnel;

c. Establish programs in the center to promote the management of hazardous and toxic substances; and

d. Do all other acts and things necessary and proper for the purposes of the center.

##### **§ 18A:64J-6** Annual budget requests {#sec-18a-64j-6 omnilex-key=us-nj-statutes--title-18a--18A:64J-6}

Annual budget requests for the center shall be submitted to and approved by the commission.

##### **§ 18A:64J-7** Functions of center {#sec-18a-64j-7 omnilex-key=us-nj-statutes--title-18a--18A:64J-7}

The center, where appropriate, and in consultation with the commission, shall:

a. Research new techniques for dealing with hazardous and toxic substances;

b. Serve as a repository for existing knowledge concerning hazardous and toxic substance management;

c. Make recommendations to the commission concerning innovation partnership grants;

d. Serve as a forum for the exchange of ideas among industry, government, academia and the public;

e. Disseminate authoritative and objective information and guidance on the many issues arising concerning hazardous and toxic substance management;

f. Promote technology extension services to businesses engaged in hazardous and toxic substance management;

g. Make low-cost business incubation facilities available to new industry working in the field of hazardous and toxic substance management.

##### **§ 18A:64J-8** Food technology center establishment {#sec-18a-64j-8 omnilex-key=us-nj-statutes--title-18a--18A:64J-8}

The Legislature finds and declares that food technology, encompassing the study of the chemical, biological, and engineering aspects of food and food processing, packaging, and storing, is an important part of this State's economic base. Located in the heart of the nation's major population center, New Jersey has a good transportation system, and varied and extensive agricultural and aquatic resources. By expanding its role as a major food processing and distribution center, New Jersey can increase employment and benefits from the business opportunities thereby created in related areas such as ingredient supplies, chemical and packaging instrumentation, transportation, warehousing and waste disposal. The Legislature finds that the establishment of an advanced technology center in food technology would assist in promoting food technology and economic growth relating thereto.

##### **§ 18A:64J-9** Definitions. {#sec-18a-64j-9 omnilex-key=us-nj-statutes--title-18a--18A:64J-9}

2. For the purposes of this act:

a. "Advanced technology center" means one or more outstanding programs or departments at New Jersey's public and private institutions of higher education, which are provided substantial and concentrated financial support to promote their development into national-level bases for innovative technology research.

b. "Business incubation facilities" means low-cost, short-term occupancy, rental spaces wherein assistance is granted to a targeted network of new companies employing selected technologies congruent with the strengths of the State's public and private institutions of higher education.

c. "Commission" means the Governor's Commission on Science and Technology as created by Executive Order No. 12 of 1982 or its successor which is established by the Legislature.

d. "Innovation partnership grants" means matching grants to academic researchers performing applied research in emerging technologies at any of the State's public and private institutions of higher education, which are of strategic importance to the New Jersey economy, under regulations adopted by the commission pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

e. "Private institutions of higher education" means independent colleges or universities incorporated and located in New Jersey, which by virtue of law or character or license are nonprofit educational institutions authorized to grant academic degrees and which provide a level of education which is equivalent to the education provided by the State's public institutions of higher education as attested by the receipt of and continuation of regional accreditation by the Middle States Association of Colleges and Schools, and which are eligible to receive State aid under the provisions of the Constitution of the United States and the Constitution of the State of New Jersey, but does not include any educational institution dedicated primarily to the education or training of ministers, priests, rabbis or other professional persons in the field of religion.

f. "Public institutions of higher education" means Rutgers, The State University, the State colleges, the New Jersey Institute of Technology, Rowan University, Montclair State University, Kean University, the county colleges and any other public university or college now or hereafter established or authorized by law.

g. "Technology extension services" means programs that not only accelerate the application and transfer of technological innovations by the State's public and private universities to existing industry, but also adapt these innovations to the requirements of individual business operations.

##### **§ 18A:64J-10** Center at Cook College {#sec-18a-64j-10 omnilex-key=us-nj-statutes--title-18a--18A:64J-10}

There is established the Advanced Technology Center in Food Technology located at Cook College of Rutgers, The State University, hereinafter referred to as the center. Other public and private institutions of higher education and their faculties may be considered for participation in the center in the future by the commission.

##### **§ 18A:64J-11** Appointment of director {#sec-18a-64j-11 omnilex-key=us-nj-statutes--title-18a--18A:64J-11}

As soon as may be practicable, the participating institution or institutions, in consultation with and under regulations adopted by the commission, shall appoint a director of the center.

##### **§ 18A:64J-12** Duties of director {#sec-18a-64j-12 omnilex-key=us-nj-statutes--title-18a--18A:64J-12}

The participating institution or institutions through the director shall:

a. Administer and operate the center;

b. Appoint, remove and transfer personnel;

c. Establish programs in the center to promote food technology research and food technology industries; and

d. Take all action necessary and proper for the operation of the center.

##### **§ 18A:64J-13** Annual budget request {#sec-18a-64j-13 omnilex-key=us-nj-statutes--title-18a--18A:64J-13}

The center shall submit its annual budget request to the commission for approval.

##### **§ 18A:64J-14** Functions of center {#sec-18a-64j-14 omnilex-key=us-nj-statutes--title-18a--18A:64J-14}

The center, where appropriate, and in consultation with the commission, shall:

a. Research new food products and develop more efficient and economical food processing and related techniques;

b. Coordinate personnel and other resources from the departments of food science, biochemistry, microbiology, chemistry, nutrition, plant physiology, horticulture, mechanical engineering, chemical engineering and materials sciences at Rutgers, The State University in programs relating to the promotion of food technology research and industries;

c. Promote research, especially in the areas of agriculture and food science;

d. Promote technology extension services to businesses engaged in food science and related fields;

e. Make low-cost business incubation facilities available to new industry working in the field of food science and related fields; and

f. Make recommendations to the commission concerning innovation partnership grants.

##### **§ 18A:64J-15** Biotechnology center establishment {#sec-18a-64j-15 omnilex-key=us-nj-statutes--title-18a--18A:64J-15}

The Legislature finds and declares that the field of biotechnology, which applies scientific and engineering principles to the processing of materials by biological agents to produce goods and services, is an important and dynamic addition to the world economy. Progress in biotechnology has included gene splicing, monoclonal antibody technology, protein engineering, and large scale plant and animal cell culture. New Jersey is by all measures a major center for the health care, pharmaceutical, chemical, and food processing industries, all of which now benefit from and will increasingly depend upon advances in biotechnology. In recognition of the economic importance of biotechnology to New Jersey industries, the Legislature further finds and declares that the establishment of an advanced technology center in biotechnology would strengthen the State and serve as a stimulus for technology-based industrial growth.

##### **§ 18A:64J-16** Definitions. {#sec-18a-64j-16 omnilex-key=us-nj-statutes--title-18a--18A:64J-16}

2. For the purposes of this act:

a. "Advanced technology center" means one or more outstanding programs or departments at New Jersey's public and private institutions of higher education, which are provided substantial and concentrated financial support to promote their development into national-level bases for innovative technology research.

b. "Business incubation facilities" means low-cost, short-term occupancy, rental spaces wherein assistance is granted to a targeted network of new companies employing selected technologies congruent with the strengths of the State's public and private institutions of higher education.

c. "Commission" means the Governor's Commission on Science and Technology as created by Executive Order No. 12 of 1982 or its successor which is established by the Legislature.

d. "Innovation partnership grants" means matching grants to academic researchers performing applied research in emerging technologies at any of the State's public and private institutions of higher education, which are of strategic importance to the New Jersey economy, under regulations adopted by the commission pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

e. "Private institutions of higher education" means independent colleges or universities incorporated and located in New Jersey, which by virtue of law or character or license are nonprofit educational institutions authorized to grant academic degrees and which provide a level of education which is equivalent to the education provided by the State's public institutions of higher education as attested by the receipt of and continuation of regional accreditation by the Middle States Association of Colleges and Schools, and which are eligible to receive State aid under the provisions of the Constitution of the United States and the Constitution of the State of New Jersey, but does not include any educational institution dedicated primarily to the education or training of ministers, priests, rabbis or other professional persons in the field of religion.

f. "Public institutions of higher education" means Rutgers, The State University, the State colleges, the New Jersey Institute of Technology, Rowan University, Montclair State University, Kean University, the county colleges and any other public university or college now or hereafter established or authorized by law.

g. "Technology extension services" means programs that not only accelerate the application and transfer of technological innovations by the State's public and private institutions of higher education to existing industry, but also adapt these innovations to the requirements of individual business operations.

##### **§ 18A:64J-17** Advanced Technology Center in Biotechnology. {#sec-18a-64j-17 omnilex-key=us-nj-statutes--title-18a--18A:64J-17}

3. There is established the Advanced Technology Center in Biotechnology (hereinafter referred to as the center) under the governance of Rutgers, The State University and with the participation of other public and private institutions of higher education and faculties who may be considered for participation in the work of the center in the future by the commission. The center shall be composed of various units at locations designated by the participating institutions, with the approval of the commission.

##### **§ 18A:64J-18** Appointment of director {#sec-18a-64j-18 omnilex-key=us-nj-statutes--title-18a--18A:64J-18}

As soon as may be practicable, the governing institutions, in consultation with and under regulations adopted by the commission, shall appoint a director of the center.

##### **§ 18A:64J-19** Duties of director {#sec-18a-64j-19 omnilex-key=us-nj-statutes--title-18a--18A:64J-19}

The governing institutions through the director shall:

a. Administer and operate the center;

b. Appoint, remove and transfer personnel;

c. Establish programs in the center to promote biotechnology research and biotechnology industries; and

d. Take all action necessary and proper for the operation of the center.

##### **§ 18A:64J-20** Annual budget request {#sec-18a-64j-20 omnilex-key=us-nj-statutes--title-18a--18A:64J-20}

The center shall submit its annual budget request to the commission for approvaL.

##### **§ 18A:64J-21** Functions of center {#sec-18a-64j-21 omnilex-key=us-nj-statutes--title-18a--18A:64J-21}

The center, where appropriate, and in consultation with the commission, shall:

a. Make recommendations to the commission concerning innovation partnership grants;

b. Support and promote existing programs in biotechnology research and industries and ensure that all sectors of the private industry have ready access to the personnel and programs of the center;

c. Make low-cost business incubation facilities available to new industry working in the field of biotechnology; and

d. Promote technological extension services to businesses engaged in biotechnology related applications.

##### **§ 18A:64J-22** Industrial ceramics center establishment {#sec-18a-64j-22 omnilex-key=us-nj-statutes--title-18a--18A:64J-22}

The Legislature finds and declares that high technology industrial ceramics is a field in which New Jersey has significant academic and industrial strengths. Progress in this area is expected to produce significant economic growth and increases in productivity in the United States. New Jersey has the ability to capture a part of these economic benefits. To this end, the Legislature finds that the establishment of an advanced technology center in industrial ceramics will generate additional research and technological innovations to promote economic growth.

##### **§ 18A:64J-23** Definitions. {#sec-18a-64j-23 omnilex-key=us-nj-statutes--title-18a--18A:64J-23}

2. For the purposes of this act:

a. "Advanced technology center" means one or more outstanding programs or departments at New Jersey's public and private institutions of higher education, which are provided substantial and concentrated financial support to promote their development into national-level bases for innovative technology research.

b. "Business incubation facility" means low-cost, short-term occupancy, rental spaces wherein assistance is granted to a targeted network of new companies employing selected technologies congruent with the strengths of the State's public and private institutions of higher education.

c. "Commission" means the Governor's Commission on Science and Technology as created by Executive Order No. 12 of 1982 or its successor which is established by the Legislature.

d. "Innovation partnership grants" means matching grants to academic researchers performing applied research in emerging technologies at any of the State's public and private institutions of higher education, which are of strategic importance to the New Jersey economy, under regulations adopted by the commission pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

e. "Private institutions of higher education" means independent colleges or universities incorporated and located in New Jersey, which by virtue of law or character or license are nonprofit educational institutions authorized to grant academic degrees and which provide a level of education which is equivalent to the education provided by the State's public institutions of higher education as attested by the receipt of and continuation of regional accreditation by the Middle States Association of Colleges and Schools, and which are eligible to receive State aid under the provisions of the Constitution of the United States and the Constitution of the State of New Jersey, but does not include any educational institution dedicated primarily to the education or training of ministers, priests, rabbis or other professional persons in the field of religion.

f. "Public institutions of higher education" means Rutgers, The State University, the State colleges, the New Jersey Institute of Technology, Rowan University, Montclair State University, Kean University, the county colleges and any other public university or college now or hereafter established or authorized by law.

g. "Technology extension services" means programs that not only accelerate the application and transfer of technological innovations by the State's public and private institutions of higher education to existing industry, but also adapt these innovations to the requirements of individual business operations.

##### **§ 18A:64J-24** Center at Rutgers {#sec-18a-64j-24 omnilex-key=us-nj-statutes--title-18a--18A:64J-24}

There is established the Advanced Technology Center in Industrial Ceramics at Rutgers, The State University, hereinafter known as the center. Various public and private institutions of higher education and their faculties may be considered for participation in the work of the center in the future by the commission or institution.

##### **§ 18A:64J-25** Appointment of director {#sec-18a-64j-25 omnilex-key=us-nj-statutes--title-18a--18A:64J-25}

As soon as may be practicable, the participating institution or institutions, in consultation with and under regulations adopted by the commission, shall appoint a director of the center.

##### **§ 18A:64J-26** Duties of director {#sec-18a-64j-26 omnilex-key=us-nj-statutes--title-18a--18A:64J-26}

The participating institution or institutions through the director shall:

a. Administer and operate the center;

b. Appoint, remove and transfer personnel;

c. Establish programs in the center to promote industrial ceramics research and industrial ceramics industries; and

d. Take all action necessary and proper for the operation of the center.

##### **§ 18A:64J-27** Annual budget request {#sec-18a-64j-27 omnilex-key=us-nj-statutes--title-18a--18A:64J-27}

The center shall submit its annual budget request to the commission for approval.

##### **§ 18A:64J-28** Functions of center {#sec-18a-64j-28 omnilex-key=us-nj-statutes--title-18a--18A:64J-28}

The center, where appropriate, and in consultation with the commission, shall:

a. Make recommendations to the commission concerning the awarding of innovation partnership grants;

b. Make low-cost business incubation facilities available to new industry working in industrial ceramics and related fields;

c. Provide technological extension services to businesses engaged in the application of industrial ceramics and related fields; and

d. Promote additional research and technological innovation to generate economic growth in industrial ceramics and related fields.

##### **§ 18A:64J-29** Findings, declarations {#sec-18a-64j-29 omnilex-key=us-nj-statutes--title-18a--18A:64J-29}

The Legislature finds and declares that biomolecular research in the agricultural and environmental sciences will provide many advantages to the State of New Jersey. Progress in biomolecular research will increase crop production and animal husbandry, improve the efficiency of animal reproduction, advance research in human nutrition, aid in the development of methods to reduce the dependence of agriculture on chemical fertilizers and pesticides, and develop biological processes for the destruction of toxic wastes. In recognition of the economic importance of these scientific advances to New Jersey industries, the Legislature further finds and declares the establishment of an Advanced Technology Center in Biomolecular Research in the Agricultural and Environmental Sciences would strengthen the State and serve as a stimulus for economic growth relating thereto.

##### **§ 18A:64J-30** Definitions. {#sec-18a-64j-30 omnilex-key=us-nj-statutes--title-18a--18A:64J-30}

2. For the purposes of this act:

a. "Advanced technology center" means one or more outstanding programs or departments at New Jersey's public and private institutions of higher education which are provided substantial and concentrated financial support to promote their development into national level bases for innovative technology research;

b. "Business incubation facilities" means low cost, short-term occupancy rental spaces wherein assistance is granted to a targeted network of new companies employing selected technologies congruent with the strengths of the State's public and private institutions of higher education;

c. "Commission" means the New Jersey Commission on Science and Technology as created by P.L.1985, c.102 (C.52:9X-1 et seq.);

d. "Innovation partnership grants" means matching grants to academic researchers performing applied research in emerging technologies at any of the State's public and private institutions of higher education which are of strategic importance to the New Jersey economy under regulations adopted by the commission pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.);

e. "Private institutions of higher education" means independent colleges or universities incorporated and located in New Jersey, which by virtue of law or character or license, are nonprofit educational institutions authorized to grant academic degrees and provide a level of education which is equivalent to the education provided by the State's public institutions of higher education as attested by the receipt of and continuation of regional accreditation by the Middle States Association of Colleges and Schools, and which are eligible to receive State aid under the provisions of the Constitution of the United States and the Constitution of the State of New Jersey, but does not include any educational institution dedicated primarily to the education or training of ministers, priests, rabbis or other professional persons in the field of religion;

f. "Public institutions of higher education" means Rutgers, The State University, the State colleges, the New Jersey Institute of Technology, Rowan University, Montclair State University, Kean University, the county colleges and any other public university or college now or hereafter established or authorized by law;

g. "Technology extension services" means programs that not only accelerate the application and transfer of technological innovations by the State's public and private institutions of higher education to existing industry, but also adapt these innovations to the requirements of individual business operations.

##### **§ 18A:64J-31** Biomolecular research center {#sec-18a-64j-31 omnilex-key=us-nj-statutes--title-18a--18A:64J-31}

There is established the Advanced Technology Center in Biomolecular Research in the Agricultural and Environmental Sciences, hereinafter referred to as the center, to be located in a designated private or public institution of higher education. The establishment of the center shall include a commitment from business and industry in the State to finance a percentage of the center's operating costs.

##### **§ 18A:64J-32** Peer review panel {#sec-18a-64j-32 omnilex-key=us-nj-statutes--title-18a--18A:64J-32}

The commission shall, as soon as is practicable, appoint a peer review panel to:

a. Verify the need for the establishment of the center;

b. Recommend the best configuration for the center; and

c. Recommend the appropriate funding levels for the construction and operation of the center.

The peer review panel shall present its report to the commission for its review and consideration.

##### **§ 18A:64J-33** Certification of need; designation of location {#sec-18a-64j-33 omnilex-key=us-nj-statutes--title-18a--18A:64J-33}

a. The center shall not be established pursuant to section 3 of this act until such time as the commission formally certifies in writing to the Governor, the Speaker of the General Assembly, and the President of the Senate its conclusion that the establishment of the center should proceed, and that the center will add substantially to the technological, economic, and academic growth of the State of New Jersey.

b. The commission shall designate the location of the center. The designation shall not preclude the participation of other public and private institutions of higher education and their faculties which may be considered for participation in the work of the center in the future by the commission.

##### **§ 18A:64J-34** Appointment of director {#sec-18a-64j-34 omnilex-key=us-nj-statutes--title-18a--18A:64J-34}

As soon as may be practicable after the establishment of the center, the participating institution or institutions, in consultation with and under regulations adopted by the commission, shall appoint a director of the center. The participating institutions through the director shall:

a. Administer and operate the center;

b. Appoint, remove and transfer personnel;

c. Establish programs in the center to conduct biomolecular research in the agricultural and environmental sciences; and

d. Take all action necessary and proper for the operation of the center.

##### **§ 18A:64J-35** Annual budget request {#sec-18a-64j-35 omnilex-key=us-nj-statutes--title-18a--18A:64J-35}

The director of the center shall submit its annual budget request to the commission for approval.

##### **§ 18A:64J-36** Functions of center {#sec-18a-64j-36 omnilex-key=us-nj-statutes--title-18a--18A:64J-36}

The center where appropriate, and in consultation with the commission, shall:

a. Make recommendations to the commission concerning innovation partnership grants;

b. Serve as a forum for the exchange of ideas among industry, government, academia and the public;

c. Disseminate authoritative and objective information and guidance on the many issues arising concerning biomolecular research in the agricultural and environmental sciences;

d. Promote technology extension services to businesses engaged in agriculture and related fields;

e. Make low-cost business incubation facilities available to new industry working in the field of agriculture and related fields; and

f. Support and promote existing biomolecular research in the agricultural and environmental sciences and ensure that all sectors of private industry shall have ready access to the personnel and programs of the center.

##### **§ 18A:64J-37** Existing programs continued {#sec-18a-64j-37 omnilex-key=us-nj-statutes--title-18a--18A:64J-37}

Nothing in this act shall be construed or utilized to replace or reduce the programs conducted by Cook College of Rutgers, The State University, the New Jersey Agricultural Experiment Station or the New Jersey Cooperative Extension Service.

##### **§ 18A:64J-38** Findings, declarations {#sec-18a-64j-38 omnilex-key=us-nj-statutes--title-18a--18A:64J-38}

The Legislature finds and declares that polymer or plastics processing and surface modification are areas of extreme importance to industry worldwide and that advances in these areas are expected to produce significant economic growth and increases in productivity. New Jersey, because of its strength in petrochemicals as well as the foothold which its institutions of higher education have already gained in polymer processing and surface modification research, is in an excellent position to be a major contributor and participant in this economic growth and development. To this end, the Legislature finds that the establishment of an advanced technology center in polymer processing and surface modification will generate additional research and technological innovations to promote industrial development and economic growth.

##### **§ 18A:64J-39** Definitions. {#sec-18a-64j-39 omnilex-key=us-nj-statutes--title-18a--18A:64J-39}

2. For the purposes of this act:

a. "Advanced technology center" means one or more outstanding programs or departments at New Jersey's public and private institutions of higher education, which are provided substantial and concentrated financial support to promote their development into national-level bases for innovative technology research;

b. "Business incubation facilities" means low-cost, short-term occupancy rental spaces wherein assistance is granted to a targeted network of new companies employing selected technologies congruent with the strengths of the State's public and private institutions of higher education;

c. "Commission" means the New Jersey Commission on Science and Technology as created by P.L.1985, c.102 (C.52:9X-1 et seq.);

d. "Innovation partnership grants" means matching grants to academic researchers performing applied research in emerging technologies at any of the State's public and private institutions of higher education, which are of strategic importance to the New Jersey economy, under regulations adopted by the commission pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.);

e. "Private institutions of higher education" means independent colleges or universities incorporated and located in New Jersey, which by virtue of law or character or license are nonprofit educational institutions authorized to grant academic degrees and provide a level of education which is equivalent to the education provided by the State's public institutions of higher education as attested by the receipt of and continuation of regional accreditation by the Middle States Association of Colleges and Schools, and which are eligible to receive State aid under the provisions of the Constitution of the United States and the Constitution of the State of New Jersey, but does not include any educational institution dedicated primarily to the education or training of ministers, priests, rabbis or other professional persons in the field of religion;

f. "Public institutions of higher education" means Rutgers, The State University, the State colleges, the New Jersey Institute of Technology, Rowan University, Montclair State University, Kean University, the county colleges and any other public university or college now or hereafter established or authorized by law;

g. "Technology extension services" means programs that not only accelerate the application and transfer of technological innovations by the State's public and private institutions of higher education to existing industry, but also adapt these innovations to the requirements of individual business operations.

##### **§ 18A:64J-40** Polymer processing, surface modification center {#sec-18a-64j-40 omnilex-key=us-nj-statutes--title-18a--18A:64J-40}

There is established the Advanced Technology Center in Polymer Processing and Surface Modification, hereinafter referred to as the center, to be located in a private or public institution of higher education as designated by the commission. Other public and private institutions of higher education and their faculties may be considered for participation in the center in the future by the commission.

The establishment of the center shall include a commitment from business and industry in the State to finance a percentage of the center's operating costs.

##### **§ 18A:64J-41** Subject to commission certification {#sec-18a-64j-41 omnilex-key=us-nj-statutes--title-18a--18A:64J-41}

The center shall not be established pursuant to section 3 of this act until such time as the commission formally certifies in writing to the Governor, the Speaker of the General Assembly, and the President of the Senate, the amount of funding necessary for the establishment and operation of the center, as well as its conclusion that the establishment of the center should proceed, and that the center will add substantially to the technological, economic, and academic growth of the State of New Jersey.

##### **§ 18A:64J-42** Appointment of director {#sec-18a-64j-42 omnilex-key=us-nj-statutes--title-18a--18A:64J-42}

As soon as may be practicable, the participating institution or institutions, in consultation with and under regulations adopted by the commission, shall appoint a director of the center.

##### **§ 18A:64J-43** Duties of director {#sec-18a-64j-43 omnilex-key=us-nj-statutes--title-18a--18A:64J-43}

The participating institutions, through the director, shall:

a. Administer and operate the center;

b. Appoint, remove and transfer personnel;

c. Establish programs in the center to promote polymer processing and surface modification research and industries; and

d. Take all action necessary and proper for the operation of the center.

##### **§ 18A:64J-44** Annual budget request {#sec-18a-64j-44 omnilex-key=us-nj-statutes--title-18a--18A:64J-44}

The director of the center shall submit its annual budget request to the commission for approval.

##### **§ 18A:64J-45** Functions of center {#sec-18a-64j-45 omnilex-key=us-nj-statutes--title-18a--18A:64J-45}

The center, where appropriate, and in consultation with the commission, shall:

a. Make recommendations to the commission concerning innovation partnership grants;

b. Support and promote existing programs in polymer processing and surface modification research and industries and ensure that all sectors of private industry have ready access to the personnel and programs of the center;

c. Make low-cost business incubation facilities available to new industry working in the field of polymer processing and surface modification; and

d. Promote technology extension services to businesses engaged in polymer processing and surface modification related applications.

## **Chapter 64K** {#struct-chapter-64k}

##### **§ 18A:64K-1** Northwest New Jersey Regional Women's Center {#sec-18a-64k-1 omnilex-key=us-nj-statutes--title-18a--18A:64K-1}

There is created at Centenary College in Hackettstown, New Jersey a center to be known as the Northwest New Jersey Regional Women's Center. It shall be the purpose of the center to offer educational programs and counseling, continuing education courses, career planning and placement services and access to cultural programs to women of all ages and all backgrounds who are New Jersey residents.

##### **§ 18A:64K-2** Use of funds {#sec-18a-64k-2 omnilex-key=us-nj-statutes--title-18a--18A:64K-2}

Centenary College may utilize funds appropriated for the purposes of this act for the construction of the center, the provision of equipment, supplies, clerical, teaching and support staff salaries and such other appropriate support as is necessary for the establishment and operation of the center.

##### **§ 18A:64K-3** Report to Governor, Legislature {#sec-18a-64k-3 omnilex-key=us-nj-statutes--title-18a--18A:64K-3}

Within two years of the effective date of this act Centenary College shall submit a report to the Governor and the Legislature detailing the use of all funds appropriated to it for this purpose.

## **Chapter 64L** {#struct-chapter-64l}

##### **§ 18A:64L-1** Coastal Protection Technical Assistance Service established {#sec-18a-64l-1 omnilex-key=us-nj-statutes--title-18a--18A:64L-1}

1. a. There is established a Coastal Protection Technical Assistance Service (CPTAS) at the Stevens Institute of Technology. The purpose of the CPTAS shall be to provide, upon request, information and advice to counties and municipalities on coastal protection methods in order to assist coastal counties and municipalities in making decisions and undertaking projects to protect, preserve, restore, enhance, and create beaches, dunes, and other coastal area resources and in constructing and maintaining coastal protection structures and devices such as jetties, bulkheads, sea walls, groins, piers, and boardwalks.

b. The establishment of the CPTAS pursuant to subsection a. of this section shall become effective upon the signing of an agreement of acceptance thereof by the Stevens Institute of Technology with the Department of Environmental Protection and Energy.

##### **§ 18A:64L-2** Appointment, compensation of director {#sec-18a-64l-2 omnilex-key=us-nj-statutes--title-18a--18A:64L-2}

2. The CPTAS shall be headed by a director to be appointed by the President of the Stevens Institute of Technology, after consultation with the governing bodies of the counties and municipalities in the coastal area of the State. The director shall receive such compensation as shall be determined by the President of the Stevens Institute of Technology.

##### **§ 18A:64L-3** Powers of director {#sec-18a-64l-3 omnilex-key=us-nj-statutes--title-18a--18A:64L-3}

3. a. The director of the CPTAS shall appoint, within the limits of funds appropriated or otherwise provided therefor, qualified technical and clerical staff, who shall be employees of the Stevens Institute of Technology, and shall be entitled to all of the rights and benefits of other employees of that institution.

b. The director may, on behalf of the CPTAS, enter into agreements or contracts with the New Jersey Cooperative Extension Service, the New Jersey Sea Grant Extension Service, any public or private institution of higher education, or any other consultant or entity to assist the CPTAS in carrying out its duties pursuant to this act.

##### **§ 18A:64L-4** Duties of staff of service {#sec-18a-64l-4 omnilex-key=us-nj-statutes--title-18a--18A:64L-4}

4. The director and staff of the CPTAS shall:

a. Establish a data base of information on available and promising new coastal protection methods and make this information available, upon request, to county and municipal governmental entities;

b. Evaluate, or cause to be evaluated, available and promising new coastal protection methods as to practicability, technical performance, and cost effectiveness;

c. Promote sharing of information on coastal protection methods between interested and knowledgeable parties and county and municipal governmental entities within the State;

d. Sponsor or conduct conferences, workshops, and demonstration projects to publicize successful coastal protection methods;

e. Identify problem areas in developing or implementing coastal protection methods, and encourage academic, corporate, or public efforts for their resolution;

f. Compile and disseminate, upon request, lists of engineering and other consulting services engaged in coastal protection work;

g. Promote, in consultation with the Department of Environmental Protection and Energy, demonstration projects for available and promising new coastal protection methods, and disseminate the results of such demonstration projects;

h. Document and publicize successful coastal protection methods and projects;

i. Provide information on available public and private funding sources for coastal protection efforts and projects;

j. Provide general information on federal and State regulations concerning coastal protection efforts and projects;

k. Collect and disseminate educational and training materials to assist county and municipal governmental employees with respect to undertaking or supervising coastal protection efforts or projects;

l. Make on-site visits to coastal protection projects upon request of a county or municipal governmental entity, and make on-site assessments thereof;

m. Provide, in consultation with the Department of Environmental Protection and Energy, extension services to county and municipal governmental entities concerning coastal protection, including, upon request, outreach and technical advice on coastal protection methods and projects; and

n. Submit annually to the Legislature a review and evaluation of State and federal coastal protection programs and projects.

## **Chapter 64M** {#struct-chapter-64m}

##### **§ 18A:64M-1** Short title. {#sec-18a-64m-1 omnilex-key=us-nj-statutes--title-18a--18A:64M-1}

1. This act shall be known and may be cited as the "New Jersey Medical and Health Sciences Education Restructuring Act."

##### **§ 18A:64M-2** Findings, declarations relative to the public system of higher education. {#sec-18a-64m-2 omnilex-key=us-nj-statutes--title-18a--18A:64M-2}

2. The Legislature finds and declares that:

a. Rutgers, The State University ("Rutgers"), is a body corporate and politic that operates schools and colleges in the State of New Jersey and offers degrees in undergraduate studies, graduate studies, and professional studies such as medical, legal and business, operating pursuant to the authority granted to it by the Rutgers, the state university law, P.L.1956, c.61;

b. Rutgers was designated as the State university in 1945, but it was not until 1956 under the Rutgers Compact that the State assumed managerial control and financial responsibility over the school. Upon reorganization in 1956, Rutgers' formerly private governing board - the Board of Trustees - transferred all management, control, administration and policy-making functions to the publicly controlled Board of Governors. The Board of Trustees retained the power to manage and invest certain pre-1956 private assets or private gifts and maintained an advisory role at the school in support of the University;

c. Rutgers was established as the "instrumentality of the state for the purpose of operating the state university" and whose primary purpose is as a public trust for the provision of higher education pursuant to N.J.S.18A:65-2. To this end, the law provided for its liberal construction "necessary for the welfare of the state and the people of New Jersey to provide for the development of public higher education in the state and thereby to increase the efficiency of the public school system of the state..." Rutgers is the only comprehensive public research university in New Jersey and currently consists of three campuses in New Brunswick, Newark, and Camden;

d. The University of Medicine and Dentistry of New Jersey ("UMDNJ") is a body corporate and politic that operates programs of medical, dental, nursing, public health and health-related professions and health sciences education in the State of New Jersey, currently operating pursuant to the authority granted to it by the "Medical and Dental Education Act of 1970," P.L.1970, c.102, and "The University of Medicine and Dentistry of New Jersey Flexibility Act of 1992," P.L.1992, c.84. One of its founding institutions was the former Rutgers Medical School. UMDNJ was established to serve the interests of the State by establishing programs of medical, dental, nursing, public health, health sciences and health-related professions. It was charged with providing a greater number of trained medical personnel to assist in staffing hospitals and public institutions and agencies and to prepare a greater number of students for the general practice of health-related professions in New Jersey. To that end UMDNJ was provided authority to form relationships with health care organizations, research institutions and private individuals, firms and corporations. Such public-private relationships would supplement the resources available from the State, thereby providing an economic and efficient means for developing and offering a full range of health care services;

e. It is the intent of this legislation to recognize and maintain the spirit and intent of the "Agreements Reached Between Community and Government Negotiators Regarding New Jersey College of Medicine and Dentistry and Related Matters of April 30, 1968";

f. Currently, UMDNJ operates two allopathic medical schools in the State of New Jersey: one located in Newark (New Jersey Medical School) and the other located in New Brunswick/Piscataway (Robert Wood Johnson Medical School). In addition, UMDNJ operates an osteopathic medical school at Stratford, New Jersey. There are no other osteopathic medical schools located in the State;

g. The University of Medicine and Dentistry of New Jersey-School of Osteopathic Medicine ("UMDNJ-SOM") is a major source of primary care physicians for the State and South Jersey. The school offers several post-graduate residency and fellowship positions for approximately 600 students through affiliate hospitals including endocrinology, cardiology, critical care, gastroenterology, nephrology, infectious disease, and many others. UMDNJ-SOM is at the forefront of addressing the need for more physicians and has expanded its class size by 50% over the past two years. Of the more than 1,700 graduates of UMDNJ-SOM, 55% practice in the State, about half of whom deliver primary care;

h. Rowan University ("Rowan") is a State university located in Glassboro, New Jersey, with a campus in Camden, New Jersey, currently operating pursuant to the authority granted to State colleges by N.J.S.18A:64-1 et seq., and P.L.1994, c.48 (C.18A:3B-1 et seq.). Rowan is presently considered a major regional higher education institution. Currently it is comprised of seven academic colleges: Business, Communication, Education, Engineering, Fine & Performing Arts, Liberal Arts & Sciences, and the College of Professional and Continuing Education, and a Graduate School. Rowan's nearly 11,000 students may pursue degrees in 36 undergraduate majors, seven teacher certification programs, 26 master's degree programs and a doctorate in educational leadership. Rowan University's main campus is located just 20 miles from Cooper University Hospital with a satellite campus in Camden. Rowan University has a reputation as a top regional university and is home to a newly-constructed, state-of-the-art science building for programs focusing on science and technology;

i. 20 years ago, Hank and Betty Rowan gave the former Glassboro State College a gift of $100 million, then the largest private gift to a public university in the United States. Thereafter, in addition to increasing capacity and quality throughout all the programs of the university, Rowan University created an engineering school which has quickly become one of the top-rated undergraduate engineering schools in the country with rankings of 3rd in the country for chemical engineering and 16th overall for public engineering schools. In addition, the engineering school has led the way in developing relationships in southern New Jersey with the private business community, providing a qualified workforce as an attraction for companies to locate in the area. The gift transformed the college into a comprehensive regional university which is poised to take the next step as a research institution;

j. In June 2009, Rowan University and The Cooper Health System partnered to establish Cooper Medical School of Rowan University (CMSRU), the first new medical school in New Jersey in 30 years. The establishment of CMSRU, a four-year medical school located in Camden, will help address the current local and national shortage of physicians and improve healthcare throughout the region. Its inaugural class will begin in August 2012;

k. The goals of this legislation are to create and enhance the essential higher education opportunities for the residents of the State and to create vibrant educational institutions and communities that attract business to the State and which will allow the State to retain its residents in terms of college placement and workforce. The future economic development of the country will be a knowledge-based economy which will put a premium on an educated workforce and advanced degrees. This legislation restructures the higher education system in the State to provide for more vigorous educational communities that will provide opportunities for students and the workforce necessary to attract crucial private sector jobs as this century unfolds;

l. The Legislature has the ultimate responsibility for balancing the functions of public higher education institutions in New Jersey. The State has a responsibility for improving and expanding higher education opportunities for its residents and in that regard it has established a multi-level higher education system for which it has the responsibility to assess from time-to-time and to restructure as needed to improve higher education opportunities. This legislation reflects a thorough and intense review of the higher education system in the State and makes rational changes the Legislature believes are necessary to provide residents with access to a high-quality in-State education. Higher education is vital for a thriving economy because our State's sophisticated economy -- home to many pharmaceutical, biological science and other complex industries -- demands a well-trained workforce;

m. This legislation also renews the State's commitment to sustaining and growing its universities and to help them achieve greater success on the national and international stage. New Jersey must stem the persistent historical fact of seeing its brightest high school students leave the State to attend college, and then not return after college. As a State, we lead the nation in net outmigration of college-bound students. This outmigration of students leads to the outmigration of a well-trained workforce and prevents the State from attracting crucial private sector jobs. This legislation will allow for the development of a system to cultivate better collaboration between its businesses and its institutions of higher education. New Jersey's economy will benefit from increased and integrated coordination between public and private research;

n. For the State's students to receive the quality higher education necessary for future growth and for the State to achieve its economic goals, Rutgers, as the State's preeminent institution of higher education, for all that it has achieved in its history, must become a great university and enter the top tier of public research universities. To this end, the relationship between Rutgers and the State has evolved to meet changing times, from 1770 when it was chartered as Queen's College, through several amendments to the charter in the late 1700's, to amending the charter in 1825 to change the name of the school to Rutgers University, to the 1945 legislation declaring Rutgers as the state university of New Jersey, to the 1956 Compact whereby the Board of Trustees of Rutgers ceded management and operational control of the school to the State in the form of the Board of Governors in return for substantial financial assistance, and to the subsequent amendments to the Rutgers Compact in 1967, 1970, 1988 and 1994. The Legislature has an obligation to the State and its students to ensure the relationship is still working and thriving. As evidenced by the storied past between the State and Rutgers, the Legislature has periodically examined the role of Rutgers in the State's higher education system and made necessary legislative changes to that relationship to reflect and address the evolving educational needs of the State;

o. As the relationship with Rutgers has evolved, the State has become more involved both financially and in creating a growing higher education system for its residents. The State has provided in excess of $10 billion in support to Rutgers since fiscal year 1990 for its operations as The State University of New Jersey and the State has a responsibility to ensure its funding is leading to greater higher education opportunities and jobs;

p. There has been widespread recognition for some time that Rutgers needs to take steps with the State's assistance to transform it from a middle- to a first-ranked public institution. In the last decade, an intense discussion about how to elevate Rutgers into a top-tier school has taken place in the State, starting with the Vagelos Report in 2002 and 2004, the Kean Report in 2010 and the Barer Report in 2012. These reports reflect that Rutgers' role in the State's system of higher education has been the subject of intense scrutiny and debate. This legislation is the product and culmination of this decade-long assessment of Rutgers' educational mission;

q. This legislation continues Rutgers as The State University of New Jersey and the pre-eminent governance role of its Board of Governors as a public body. The legislation mandates that the Board of Governors shall continue to have authority over the granting of tenure and promotions, establishing standards for academic programs and for the awarding of tenure to faculty at its Newark and Camden campuses. The Board of Governors shall be represented on the Rutgers-Camden Board of Directors and additionally, the Rutgers-Camden Board of Directors is represented on the Rowan University-Rutgers Camden Board of Governors. The Legislature consulted with and sought and obtained active participation of Rutgers in establishing the elements of this educational restructuring that will permit Rutgers to enhance its position. The Legislature has determined that the slight governance changes to Rutgers in this act are necessary to promote essential opportunities for higher education in the State and to improve the standing of Rutgers University as a whole;

r. The legislation fulfills the longstanding goal of Rutgers University to acquire a medical school and become a comprehensive public research university. Rutgers has long sought to regain a medical school as part of its curriculum; by Rutgers' own public statements, acquiring a medical school will propel Rutgers into a top-tier research university, and place it at or near the top 20 public universities in the nation. Very few great research universities lack a medical school. This legislation will provide for the transfer of the Newark-based UMDNJ schools (New Jersey Medical School, the New Jersey Dental School, School of Health Related Professions, the School of Nursing, and the Public Health Research Institute) to Rutgers and will transfer UMDNJ's Robert Wood Johnson Medical School located in New Brunswick to Rutgers as well. These institutions are valued at an excess of $895.5 million dollars;

s. Rutgers currently falls behind other public research universities in some key measures. Most importantly, the school ranked 64 in 2009 in federally-financed research and development expenditures. This low ranking is primarily influenced by the lack of a medical school as part of the degree offerings at Rutgers. Having medical schools will attract top-flight researchers and thus research grants, to Rutgers. The addition of medical schools to Rutgers will also increase interdisciplinary opportunities among the academic departments of the school;

t. The need to reform medical education in the State has been a subject discussed for years but up until now has been left unresolved. The reports done in the past ten years have consistently come to the same conclusion regarding UMDNJ. The Barer Report noted that the present organization of UMDNJ's substantial assets is not the best structure to maximize the effectiveness of the State's investment in medical, dental, nursing and health sciences education, associated research and health care. The State is the home base for many of the world's largest pharmaceutical and biotechnical companies. As such, the State and its institutions of higher education should, but do not, lead the country in attracting federal research funding and associated clinical training. This legislation will address these issues and establish a first-class comprehensive public research university-based health science center in New Jersey through the transfer of the New Jersey Medical School and Robert Wood Johnson Medical School to Rutgers;

u. Historically, the State has suffered a shortage of higher education capacity resulting in the substantial outmigration from the State of college-bound students. This outmigration has disproportionately affected the residents of the fastest growing region in the State, South Jersey. It is in the public interest that senior public education institutions in South Jersey work together to meet the demand for higher education capacity in the region. These transfers are essential to ensuring that all of the State's capable high school graduates are provided with the opportunity to obtain higher education in a New Jersey college classroom. The guarantee of a quality in-State education requires that these transfers be made in a comprehensive fashion to better enable the State to meet its growing workforce development needs;

v. This essential and practical expansion of the State's higher education system will help to address the educational demands of the fastest growing region in the State. The coordination of Rutgers-Camden and Rowan will spur the redevelopment of Camden by creating a long overdue residential campus, and expanding a health sciences campus anchored by the new Cooper Medical School of Rowan University, emphasizing the biosciences, biomedical engineering, nursing and allied health. Therefore, it is in the public interest that Rutgers-Camden be granted autonomy from Rutgers, that Rowan be declared a public research university, and that both schools work together with the newly formed Rowan University-Rutgers Camden Board of Governors, as an efficient and cost effective means to address an historical disparity in educational capacity and opportunity between the northern and southern regions of New Jersey;

w. Integrating these existing higher education institutions will increase research capacity and spur the continued vitality of a region that is no longer supported by historical strengths in manufacturing and agriculture. Furthermore, this legislation will help to stop the annual escape to other states of thousands of students and patients, and millions in clinical research investment dollars from key institutions in South Jersey;

x. The transfer of UMDNJ-SOM to Rowan University will allow better coordination of medical education in South Jersey. UMDNJ-SOM is ranked in the top three osteopathic schools in the country, and is a leader in providing primary care physicians for the southern region of the State. After the transfer, Rowan University would have the important distinction of being only the second full-purpose university in the country to have both an osteopathic and allopathic medical school. One stated goal of the Rowan University-Rutgers University-Camden Board of Governors is to create a joint health sciences college. The addition of UMDNJ-SOM into Rowan University will benefit its faculty through providing opportunities for diverse training to students through interdisciplinary teaching and collaboration with the newly created health sciences faculty from the other universities. Integrating UMDNJ-SOM with Rowan University would add a successful, recognized enterprise to the newly designated public research university;

y. Adding UMDNJ-SOM to Rowan, along with the new Cooper Medical School of Rowan University, will revitalize the regional economy through a renewed commitment to higher education. This legislation will allow Rowan University to build the capacity to compete for and receive federal and private sector research grants that will drive the university, the region, and its new medical school, to new distinction;

z. Currently, Newark is home to many institutions of higher education including Rutgers, the University of Medicine and Dentistry of New Jersey, Seton Hall University School of Law, New Jersey Institute of Technology, Essex County College and Berkeley College. The existing educational infrastructure needs to be able to do even more to help the city and the northern region of the State with its economic development needs and to provide innovative and problem-solving leadership. This legislation will allow Rutgers University-Newark to focus on the specific higher education needs of the region and the assets of the region to attract talented students and accomplished faculty to the school. This legislation will provide for an independent University Hospital that will maintain its status as the principal teaching hospital of the New Jersey Medical School, New Jersey Dental School and any other medical education programs located in Newark;

aa. The stated goal of this legislation is to create vibrant educational institutions and communities that will not only attract students but attract private sector jobs. The increased attention to the Rutgers University-Newark campus and University Hospital will allow the city to derive not only significant financial, medical and educational benefits, but cultural and social benefits as well. The improved focus on the Newark campus will be a conduit for expanding commercial opportunities in the city and for providing greater opportunities for students in the northern region to benefit fully from the substantial public investments already made and to be made in higher education in Newark;

bb. The goal of this legislation is to enhance the critical higher education opportunities for the residents of the State and to create vibrant educational institutions and communities that will attract business to the State and will allow the State to retain its residents in terms of college placement and workforce. This legislation recognizes the State's public institutions of higher education must work together as an integrated whole and thus provides for the necessary restructuring of the higher education system in the State which will provide more vigorous educational communities that will spur opportunities for students and the workforce necessary to attract crucial private sector jobs;

cc. The higher education reform and restructuring reflected in this legislation renews the State's commitment to sustaining and growing its universities and in helping them to achieve greater success. More particularly, the legislation reaffirms the State's economic commitment to Rutgers - over $10 billion to the University since 1990 - by the transfer of medical and related schools to Rutgers valued at nearly $1 billion dollars. Additionally, this legislation reaffirms Rutgers' preeminent role in the State's higher education system serving as an instrumentality of the State in trust for its betterment;

dd. This comprehensive review and restructuring of the higher education institutions and the systems that serve them as evidenced by this act, dictate that all of the schools, institutions and centers, transferred pursuant to this act, be transferred together and that no transfer of a school, institution or center may be done apart from the whole. The transfers reflected in this legislation are inextricably linked and work together to promote reform and the effective restructuring of the State's higher education system; and

ee. Nothing is intended to revise or nullify the rights of Rutgers, The State University under N.J.S.18A:65-1 et seq.

##### **§ 18A:64M-3** "Rowan University" defined. {#sec-18a-64m-3 omnilex-key=us-nj-statutes--title-18a--18A:64M-3}

35. a. As used in sections 36 through 62 of P.L.2012, c.45 (C.18A:64M-4 through C.18A:64M-30) "Rowan University" shall, unless the context clearly indicates to the contrary, include and mean the public research university herein designated "Rowan University" as presently and hereafter constituted, including all departments, colleges, schools, centers, branches, educational and other units and extensions thereof, extension and cooperative education programs, continuing education programs, and all other departments of higher education maintained by the educational entity of the university.

b. As used in sections 36 though 62 of P.L.2012, c.45 (C.18A:64M-4 through C.18A:64M-30), "university" shall mean "Rowan University."

##### **§ 18A:64M-4** Rowan University established. {#sec-18a-64m-4 omnilex-key=us-nj-statutes--title-18a--18A:64M-4}

36. There is hereby established a body corporate and politic to be known as Rowan University. The exercise by the university of the powers conferred by this act, including the presentation and operation of a four-year allopathic medical school, shall be deemed to be public and essential governmental functions necessary for the welfare of the State and the people of New Jersey.

##### **§ 18A:64M-5** Governance, conduct of university. {#sec-18a-64m-5 omnilex-key=us-nj-statutes--title-18a--18A:64M-5}

37. It is declared to be the public policy of the State that the university shall be given a high degree of self-government and that the governance and conduct of the university shall be free of partisanship.

##### **§ 18A:64M-6** Board of trustees continued. {#sec-18a-64m-6 omnilex-key=us-nj-statutes--title-18a--18A:64M-6}

38. The board of trustees of the university is continued and shall have and exercise the powers, authority, rights and privileges and shall be subject to the duties, obligations, and responsibilities set forth in this act.

##### **§ 18A:64M-7** Determination of composition, size of board of trustees. {#sec-18a-64m-7 omnilex-key=us-nj-statutes--title-18a--18A:64M-7}

39. a. The composition and size of the board of trustees shall be determined by the board; however, the board shall have not less than seven nor more than 15 members. The members shall be appointed by the Governor with the advice and consent of the Senate. The board of trustees shall recommend potential new members to the Governor. The terms of office of appointed members shall be for six years beginning on July 1 and ending on June 30. Each member shall serve until his successor shall have been appointed and qualified and vacancies shall be filled in the same manner as the original appointments for the remainders of the unexpired terms. Any member of a board of trustees may be removed by the Governor for cause upon notice and opportunity to be heard.

b. Members of the board as of the effective date of this act shall continue in office until the expiration of their respective terms and the qualification in office of their successors.

c. All voting members of the board of trustees, before undertaking the duties of their office, shall take and subscribe an oath or affirmation to support the Constitution of the State of New Jersey and of the United States, to bear allegiance to the government of the State, and to perform the duties of their office faithfully, impartially and justly, to the best of their ability.

d. Members of the board of trustees shall not receive compensation for their services. Each trustee shall be reimbursed for actual expenses reasonably incurred in the performance of his duties or in rendering service as a member of or on behalf of the board or any committee of the board.

e. The board of trustees shall elect its chairperson from among its voting members annually in July. The board shall select such other officers from among its members as shall be deemed necessary.

f. A voting member of the board of trustees shall not be a salaried official of the State of New Jersey, or receive remuneration for services from the university. No trustee shall be appointed who is an employee or paid official of any hospital affiliated with the university. If any member of the board shall become ineligible by reason of the foregoing, a vacancy in his office as trustee shall thereby occur.

g. The board of trustees shall have the power to appoint and regulate the duties, functions, powers and procedures of committees, standing or special, from its members and such advisory committees or bodies as it may deem necessary or conducive to the efficient management and operation of the university, consistent with this act and other applicable statutes.

##### **§ 18A:64M-8** Election of student representatives. {#sec-18a-64m-8 omnilex-key=us-nj-statutes--title-18a--18A:64M-8}

40. The board of trustees of the university shall provide for the election of two student representatives, who shall be full-time, regularly matriculated students in good academic standing, and who shall be 18 years of age or older and citizens of the United States. The student representatives shall be elected by the members of the student government association to serve on the board of trustees for terms of two years commencing at the next organization of the board.

a. A student shall be elected for a two-year term, but shall serve during the first year as an alternate member, and as a voting member during the second year.

Any vacancies which occur shall be filled by the student governing body for the unexpired term only.

b. The standards for eligibility for student representatives on the board of trustees shall be the same as those required for other student government officers.

c. The student members shall be entitled to full participation in all activities of the board except that they shall not participate in:

(1) Any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of, promotion or disciplining of any specific prospective officer or employee or current officer or employee employed or appointed by the board, unless all the individual employees or appointees whose rights could be adversely affected request in writing that the matter or matters be discussed at a public meeting;

(2) Any matter involving the purchase, lease, acquisition or sale of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of these matters were disclosed; and

(3) Any pending or anticipated litigation in which the board is, or may become, a party, where it could adversely affect the public interest if discussion of these matters were disclosed, or any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer.

d. Upon assuming office, the students shall agree to adhere to such standards of responsibility and confidentiality as are established by the board of trustees.

##### **§ 18A:64M-9** Powers, duties of board of trustees. {#sec-18a-64m-9 omnilex-key=us-nj-statutes--title-18a--18A:64M-9}

41. The board of trustees of Rowan University shall have the general supervision over and be vested with the conduct of the university. It shall have the power and duty, subject to the approval of the Rowan University-Rutgers Camden Board of Governors which shall be subject to the limitations set forth in section 34 of P.L.2012, c.45 (C.18A:64M-38), to:

a. Adopt and use a corporate seal;

b. Determine the educational curriculum and program of the university;

c. Determine policies for the organization, administration, and development of the university;

d. Study the educational and financial needs of the university, annually acquaint the Governor and Legislature with the condition of the university, and prepare and submit an annual request for appropriation to the Division of Budget and Accounting in the Department of the Treasury in accordance with law;

e. Disburse all moneys appropriated to the university by the Legislature and all moneys received from tuition, fees, auxiliary services and other sources;

f. Direct and control expenditures and transfers of funds appropriated to the university in accordance with the provisions of the State budget and appropriation acts of the Legislature, and, as to funds received from other sources, direct and control expenditures and transfers in accordance with the terms of any applicable trusts, gifts, bequests, or other special provisions, reporting changes and additions thereto and transfers thereof to the Director of the Division of Budget and Accounting in the Department of the Treasury. All accounts of the university shall be subject to audit by the State at any time;

g. In accordance with the provisions of the State budget and appropriation acts of the Legislature, appoint and fix the compensation and term of office of a president of the university who shall be the executive officer of the university and an ex officio member of the board of trustees, without vote, and shall serve at the pleasure of the board of trustees;

h. In accordance with the provisions of the State budget and appropriation acts of the Legislature, appoint, upon nomination of the president, such deans and other members of the academic, administrative, and teaching staffs as shall be required and fix their compensation and terms of employment;

i. Consistent with the provisions of its budget, this act and any and all controlling collective bargaining agreements, have the power, upon nomination or recommendation of the president, to appoint, remove, promote and transfer all other officers, agents, or employees which may be required to carry out the provisions of this act and prescribe qualifications for those positions, and assign requisite duties and determine and fix respective compensation for those positions in accordance with duly adopted salary program parameters;

j. Grant diplomas, certificates or degrees;

k. Enter into contracts and agreements with the State or any of its political subdivisions or with the United States, or with any public body, department or other agency of the State or the United States or with any individual, firm or corporation which are deemed necessary or advisable by the board for carrying out the provisions of this act. A contract or agreement pursuant to this subsection may require a municipality to undertake obligations and duties to be performed subsequent to the expiration of the term of office of the elected governing body of such municipality which initially entered into or approved said contract or agreement, and the obligations and duties so incurred by such municipality shall be binding and of full force and effect, notwithstanding that the term of office of the elected governing body of such municipality which initially entered into or approved said contract or agreement, shall have expired;

l. Exercise the right of eminent domain, pursuant to the provisions of the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.), to acquire any property or interest therein;

m. Adopt, after consultation with the president and faculty, bylaws and make and promulgate such rules, regulations, and orders, not inconsistent with the provisions of this act as are necessary and proper for the administration and operation of the university and the carrying out of its purposes;

n. Establish fees for room and board sufficient for the operation, maintenance, and rental of student housing and food services facilities;

o. Fix and determine tuition rates and other fees to be paid by students;

p. Accept from any government or governmental department, agency or other public or private body or from any other source grants or contributions of money or property which the board may use for or in aid of any of its purposes;

q. Acquire, by gift, purchase, condemnation or otherwise, own, lease, dispose of, use and operate property, whether real, personal or mixed, or any interest therein, which is necessary or desirable for university purposes;

r. Employ architects to plan buildings; secure bids for the construction of buildings and for the equipment thereof; make contracts for the construction of buildings and for equipment; and supervise the construction of buildings;

s. Manage and maintain, and provide for the payment of all charges on and expenses in respect of, all properties utilized by the university;

t. Borrow money and to secure the same by a mortgage on its property or any part thereof, and to enter into any credit agreement for the needs of the university and projects of the Rowan University-Rutgers Camden Board of Governors, as deemed requisite by the board, in such amounts and for such time and upon such terms as may be determined by the board, provided that no such borrowing shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit or be payable out of property or funds, other than moneys appropriated for that purpose, of the State;

u. Authorize any new program, educational department or school consistent with the programmatic mission of the institution or approved by the Secretary of Higher Education;

v. (1) Adopt standing operating rules and procedures for the purchase of all equipment, materials, supplies and services; however, no contract on behalf of the university shall be entered into for the purchase of services, materials, equipment and supplies, for the performance of any work, or for the hiring of equipment or vehicles, through which workers employed in the performance of the contract are paid in accordance with the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), where the sum to be expended exceeds $30,700 or the amount determined by the Governor as provided herein, unless the university shall first publicly advertise for bids and shall award the contract to that responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the university, price and other factors considered. Such advertising shall not be required in those exceptions created by the board of trustees of the university, which shall be in substance those exceptions contained in sections 4 and 5 of P.L.1954, c.48 (C.52:34-9 and C.52:34-10) and section 5 of P.L.1986, c.43 (C.18A:64-56) or for the supplying of any product or the rendering of any service by a public utility subject to the jurisdiction of the Board of Public Utilities of this State and tariffs and schedules of the charges made, charged, or exacted by the public utility for any such products to be supplied or services to be rendered are filed with the said board.

(2) Adopt standing operating rules and procedures for the purchase of all equipment, materials, supplies, and services; however, no contract on behalf of the university shall be entered into for the purchase of services, materials, equipment, and supplies, for the performance of any work, or for the hiring of equipment or vehicles, through which workers employed in the performance of the contract are not paid in accordance with the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), where the sum to be expended exceeds $100,000 or the amount determined by the Governor as provided in this subsection, unless the university shall first publicly advertise for bids and shall award the contract to that responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the university, price and other factors considered. This advertising shall not be required in those exceptions created by the board of trustees of the university, which shall be in substance those exceptions contained in sections 4 and 5 of P.L.1954, c.48 (C.52:34-9 and C.52:34-10) and section 5 of P.L.1986, c.43 (C.18A:64-56) or for the supplying of any product or the rendering of any service by a public utility subject to the jurisdiction of the Board of Public Utilities of this State and tariffs and schedules of the charges made, charged, or exacted by the public utility for any products to be supplied or services to be rendered are filed with the board.

(3) Commencing July 1, 2013 and every two years thereafter, the Governor, in consultation with the Department of the Treasury, shall adjust the threshold amounts set forth in this subsection in direct proportion to the rise or fall of the consumer price index for all urban consumers in the New York City and the Philadelphia areas as reported by the United States Department of Labor. The Governor shall notify the university of the adjustment. The adjustment shall become effective on July 1 of the year in which it is reported.

(4) This subsection shall not prevent the university from having any work performed by its own employees, nor shall it apply to repairs, or to the furnishing of materials, supplies or labor, or the hiring of equipment or vehicles, when the safety or protection of its or other public property or the public convenience requires or the exigency of the university's service will not admit of such advertisement. In such case, the university shall, by resolution passed by the affirmative vote of its board of trustees, declare the exigency or emergency to exist, and set forth in the resolution the nature and approximate amount to be expended; shall maintain appropriate records as to the reason for such awards; and shall report regularly to its board of trustees on all such purchases, the amounts and the reasons therefor;

w. Invest certain moneys in such obligations, securities and other investments as the board shall deem prudent, consistent with the purposes and provisions of this act and in accordance with State and federal law, as follows:

Investment in not-for-profit corporations or for-profit corporations organized and operated pursuant to the provisions of subsection x. of this section may utilize income realized from the sale or licensing of intellectual property as well as the reinvestment of earnings on intellectual property. Investment in not-for-profit corporations may also utilize income from the operation of faculty practice plans of the university and income from overhead grant fund recovery as permitted by federal law as well as other university funds except those specified in paragraph 5 of subsection x. of this section;

x. (1) Participate as the general partner or as a limited partner, either directly or through a subsidiary corporation created by the university, in limited partnerships, general partnerships, or joint ventures engaged in the development, manufacture, or marketing of products, technology, scientific information or health care services and create or form for-profit or not-for-profit corporations to engage in such activities; provided that any such participation shall be consistent with the mission of the university and the board shall have determined that such participation is prudent;

(2) The decision to participate in any activity described in paragraph (1) of this subsection, including the creation or formation of for-profit or not-for-profit corporations, shall be articulated in the minutes of the board of trustees meeting in which the action was approved;

(3) The provisions of P.L.1971, c.182 (C.52:13D-12 et seq.) shall continue to apply to the university, its employees, and officers;

(4) Nothing herein shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit or be payable out of property or funds of the State;

(5) Funds directly appropriated to the university from the State or derived from the university's academic programs or derived from payment for coverage provided by the self-insurance fund for claims accruing prior to the effective date of this act shall not be utilized by the for-profit or not-for-profit corporations organized and operated pursuant to this subsection in the development, manufacture, or marketing of products, technology or scientific information;

(6) Employees of any joint venture, subsidiary corporation, partnership, or other jural entity entered into or owned wholly or in part by the university shall not be deemed public employees;

(7) A joint venture, subsidiary corporation, partnership, or other jural entity entered into or owned wholly or in part by the university shall not be deemed an instrumentality of the State of New Jersey;

(8) Income realized by the university as a result of participation in the development, manufacture, or marketing of products, technology, or scientific information may be invested or reinvested pursuant to subsection w. of this section or any other provision of this act or State or federal law or retained by the board for use in furtherance of any of the purposes of this act or of other applicable statutes;

(9) The board shall annually report to the State Treasurer on the operation of all joint ventures, subsidiary corporations, partnerships, or such other jural entities entered into or owned wholly or in part by the university;

y. Sue and be sued in its own name;

z. Retain independent counsel including representation by the Attorney General in accordance with subsection h. of section 6 of P.L.1994, c.48 (C.18A:3B-6);

aa. (1) Procure and enter into contracts for any type of insurance and indemnify against loss or damage to property from any cause, including loss of use and occupancy, against death or injury of any person, against employees' liability, against any act of any member, officer, employee or servant of the university, whether part-time, full-time, compensated or non-compensated in the performance of the duties of his office or employment or any other insurable risk. In addition, the university shall carry its own liability insurance or maintain an actuarially sound program of self-insurance. Any joint venture, subsidiary corporation, or partnership or such other jural entity entered into or owned wholly or in part by the university shall carry insurance or maintain reserves in such amounts as are determined by an actuary to be sufficient to meet its actual or accrued claims;

(2) Moneys in the fund known as the Self-Insurance Trust Fund administered by the State Treasurer shall continue to be available to the university solely to indemnify and defend claims against the university and its employees, officers and servants but only to the extent that the university has elected on behalf of itself and its employees to obtain representation from the Attorney General pursuant to subsection h. of section 6 of P.L.1994, c.48 (C.18A:3B-6) and such entity or individuals would have been entitled to defense and indemnification pursuant to the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., as a State entity or State employee but for the provision of subsection z. of this section. Any expenditure of such funds shall be made only in accordance with the provisions of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., including but not limited to the provisions of chapters 10, 10A and 11 of Title 59 of the New Jersey Statutes. Nothing herein shall be construed to authorize the use of the Self-Insurance Trust Fund to indemnify or insure in any way, directly or indirectly the activities of any joint venture, partnership or corporation entered into or created by the university pursuant to subsection x. of this section;

bb. Create auxiliary organizations subject to the provisions of P.L.1982, c.16 (C.18A:64-26 et seq.);

cc. Adopt a code of ethics that complies with the requirements of all statutes applicable to the institution, including, but not limited, to the "Higher Education Restructuring Act of 1994," P.L.1994, c.48 (C.18A:3B-1 et al.), the "New Jersey Conflicts of Interest Law," P.L.1971, c.182 (C.52:13D-12 et seq.), regulations of the State Ethics Commission, and any applicable executive orders; and

dd. Establish a procedure for the confidential, anonymous submission of employee concerns regarding alleged wrongdoing at the university.

##### **§ 18A:64M-9.1** Public - private partnership agreement. {#sec-18a-64m-9.1 omnilex-key=us-nj-statutes--title-18a--18A:64M-9.1}

7. Notwithstanding the provisions of section 43 of P.L.2009, c.90 (C.18A:64-85) to the contrary, Rowan University may enter into a public-private partnership agreement in accordance with the provisions of that section.

##### **§ 18A:64M-9.2** Rowan University authorized to participate in cooperative pricing system. {#sec-18a-64m-9.2 omnilex-key=us-nj-statutes--title-18a--18A:64M-9.2}

4. a. Rowan University is authorized to be a participating contracting unit in a cooperative pricing system established pursuant to the laws of this State.

b. The university may make purchases and contract for services through the use of a nationally-recognized and accepted cooperative purchasing agreement, including a cooperative purchasing agreement in existence as of the effective date of P.L.2016, c.50 (C.18A:64-63.1 et al.), in accordance with the provisions of paragraph (3) of subsection b. of section 7 of P.L.1996, c.16 (C.52:34-6.2).

c. The State Treasurer may promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), which are necessary to effectuate the purposes of this section.

##### **§ 18A:64M-10** Certain functions, powers, duties exercised, performed by Director of Division of Investment. {#sec-18a-64m-10 omnilex-key=us-nj-statutes--title-18a--18A:64M-10}

42. All functions, powers and duties relating to the investment or reinvestment of funds other than those funds specified in subsection w. of section 41 of P.L.2012, c.45 (C.18A:64M-9) within the jurisdiction of the board of trustees including the purchase, sale, or exchange of any investments or securities may be exercised and performed by the Director of the Division of Investment in the Department of the Treasury in accordance with the provisions of P.L.1950, c.270 (C.52:18A-79 et seq.) if so authorized by the board. Before any such investment, reinvestment, purchase, sale, or exchange shall be made by the director for or on behalf of the board of trustees, the Director of the Division of Investment shall submit the details thereof to the board, which shall, itself or by its finance committee, within 48 hours, exclusive of Sundays and public holidays, after such submission to it, file with the director its written acceptance or rejection of such proposed investment, reinvestment, purchase, sale, or exchange; and the director shall have authority to make such investment, reinvestment, purchase, sale, or exchange for or on behalf of the board, unless there shall have been filed with him a written rejection thereof by the board or its finance committee as herein provided. The board of trustees shall determine from time to time the cash requirements of the various funds and accounts established by it and the amount available for investment, all of which shall be certified to the State Treasurer and the Director of the Division of Investment.

The finance committee of the board of trustees shall consist of three members of the board who shall be appointed in the same manner and for the same term as other committees of the board are appointed.

##### **§ 18A:64M-11** Maintenance of Internet website for board of trustees. {#sec-18a-64m-11 omnilex-key=us-nj-statutes--title-18a--18A:64M-11}

43. The university shall maintain an Internet website for the board of trustees. The purpose of the website shall be to provide increased public access to board operations and activities. The following information shall be posted on the board's website:

a. the board's rules, regulations, resolutions, and official policy statements;

b. notice, posted at least five business days prior to a meeting of the board or any of its committees, setting forth the time, date, location, and agenda of the meeting;

c. the minutes of each meeting of the board and its committees; and

d. information on any contract entered into by the board that was not competitively bid and the statutory authority for the contracting process.

The website shall be updated on a regular basis.

##### **§ 18A:64M-12** Additional rights of board of trustees. {#sec-18a-64m-12 omnilex-key=us-nj-statutes--title-18a--18A:64M-12}

44. The board of trustees, in addition to the other powers and duties provided herein, shall be vested with the right of perpetual succession and shall have and exercise all the powers, rights, and privileges that are incident to the proper governance, conduct, and management of the university and the control of its properties and funds and such powers granted to the university or the board or reasonably implied, may be exercised without recourse or reference to any department or agency of the State, except as otherwise provided by this act.

##### **§ 18A:64M-13** Appointment, compensation of president of the university. {#sec-18a-64m-13 omnilex-key=us-nj-statutes--title-18a--18A:64M-13}

45. The board shall appoint and fix the compensation of a president of the university. The president shall be responsible to the board of trustees and shall have such powers as shall be requisite for the executive management and conduct of the university in all departments, branches and divisions, and for the execution and enforcement of bylaws, ordinances, rules, regulations, statutes, and orders governing the management, conduct and administration of the university.

##### **§ 18A:64M-14** Immunity from personal liability. {#sec-18a-64m-14 omnilex-key=us-nj-statutes--title-18a--18A:64M-14}

46. No trustee or officer of the university shall be personally liable for any debt, obligation, or other liability of the university or incurred by or on behalf of the university or any constituent unit thereof.

##### **§ 18A:64M-15** Advice to Governor, Legislature. {#sec-18a-64m-15 omnilex-key=us-nj-statutes--title-18a--18A:64M-15}

47. The board of trustees shall advise the Governor and Legislature, in consultation with the Secretary of Higher Education and the President's Council and successor bodies, on the manner in which the facilities and services of the university may be utilized so as to increase the efficiency of the public education system and provide, maintain, and improve upon the quality of higher education for the people of the State. The board of trustees shall make recommendations to the Governor and the Legislature respecting the needs for the facilities and services of the university as an educational instrumentality of the State for that purpose.

##### **§ 18A:64M-16** University personnel eligible for participation in certain public retirement plans. {#sec-18a-64m-16 omnilex-key=us-nj-statutes--title-18a--18A:64M-16}

48. Subject to the provisions of P.L.1969, c.242 (C.18A:66-167 et seq.) and except as otherwise provided by law, the university shall be deemed to be an employer for the purposes of the "Public Employees' Retirement System Act," P.L.1954, c.84 (C.43:15A-1 et seq.), and shall also be deemed to be a "public agency or organization" within the meaning of section 71 of that act (C.43:15A-71). Further, the university's commissioned police officers shall be eligible for participation in and subject to the provisions of the "Police and Firemen's Retirement Systems Act," P.L.1944, c.255 (C.43:16A-1 et seq.), and the university shall be deemed an employer within the meaning of that act.

##### **§ 18A:64M-17** Construction of act. {#sec-18a-64m-17 omnilex-key=us-nj-statutes--title-18a--18A:64M-17}

49. Nothing herein contained shall be construed to impair, annul or affect any vested rights, grants, privileges, exemptions, immunities, powers, prerogatives, franchises, or advantages heretofore obtained or enjoyed by the university or any constituent unit thereof, under any authority or any act of this State or under any grant, deed, conveyance, transfer, lease, estate, remainder, expectancy, trust, gift, donation, legacy, devise, endowment or fund, all of which are hereby ratified and confirmed except insofar as the same may have expired, be or have been repealed or altered, or may be inconsistent with this act or with existing provisions of law; subject however, thereto and to all of the rights, obligations, relations, conditions, terms, trust, duties, and liabilities to which the same are subject.

##### **§ 18A:64M-18** Officers, agents, employees unaffected. {#sec-18a-64m-18 omnilex-key=us-nj-statutes--title-18a--18A:64M-18}

50. The enactment and adoption of this act shall not, of itself, affect the official, operational, or organizational status of any officer of the university or any and all outstanding authorizations of any officer, agent, or employee to take specified action, or any and all outstanding commitments or undertakings of or by the university, except and only to the extent that any of the same may be inconsistent with this act.

##### **§ 18A:64M-19** Certain funds, property, employees transferred to Rowan University. {#sec-18a-64m-19 omnilex-key=us-nj-statutes--title-18a--18A:64M-19}

51. Upon the establishment of the body corporate and politic known as Rowan University:

a. All appropriations, grants, debt service, research funds, and other monies available to Rowan University prior to the effective date of this act and to become available shall be transferred to the university by the Director of the Division of Budget and Accounting in the Department of the Treasury and shall be available for the objects and purposes for which appropriated, subject to any terms, restrictions, limitations or other requirements imposed by the State budget;

b. All other grants, gifts, other moneys and property available to Rowan University prior to the effective date of this act and to become available to or for Rowan University shall be transferred to the university and shall be available for the objects and purposes of the university, subject to any terms, restrictions, limitations or other requirements imposed by State and federal law or otherwise;

c. All employees of Rowan University prior to the effective date of this act shall become employees of the university. Nothing in this act shall be construed so as to deprive any person of any right of tenure or under any retirement system or to any pension, disability, social security or similar benefit, to which the person is entitled by law or contractually. All persons employed at Rowan University shall continue to be represented by the majority representative that represented them on the effective date of this act, shall continue to be represented by the executive branch Statewide collective negotiations units they were in on the effective date of this act, and shall continue to be covered by the collective negotiations agreements that were in effect on the effective date of this act. Pursuant to section 12 of P.L.1986, c.42 (C.18A:64-21.1), the Governor shall continue to function as the public employer under the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), for persons employed at Rowan University. The executive branch Statewide collective negotiations units referenced in this section are the units specified in subsection b. of section 1 of P.L.2005, c.142 (C.34:13A-5.10). The employees of Rowan University employed on the effective date of this act shall not be considered new employees for any purpose and shall retain any accrued seniority, rank, and tenure, which shall be applied when determining eligibility for all benefits, including all paid leave time, longevity increases, promotions and health benefits. Nothing in this act shall be construed to deprive any person employed at Rowan University of any tenure rights or to in any manner affect the tenure, rank, or academic track of any employees holding a faculty position. Such tenure, rank and academic track shall continue to be through Rowan University and shall be held or granted pursuant to the authority of the board of trustees of Rowan University for all current and future employees employed at Rowan University. Nothing in this act shall be construed to deprive any officers or employees employed at Rowan University of their rights, privileges, obligations or status under any pension, retirement, health benefits system, civil service law or any other law of this State;

d. All files, papers, records, equipment and other personal property of Rowan University shall be transferred to the university; and

e. All orders, rules or regulations theretofore made or promulgated by Rowan University shall continue in full force and effect as the orders, rules and regulations of the university until amended or repealed by the university.

##### **§ 18A:64M-20** Certain actions unaffected. {#sec-18a-64m-20 omnilex-key=us-nj-statutes--title-18a--18A:64M-20}

52. This act shall not affect actions or proceedings, civil or criminal, brought by or against Rowan University, but such actions or proceedings may be prosecuted or defended in the same manner and to the same effect by the university as if the foregoing provisions had not taken effect; nor shall any of the foregoing provisions affect any order or regulation made by, or other matters or proceedings before, Rowan University, and all such matters or proceedings pending before Rowan University on the effective date of this act shall be continued by the university, as if the foregoing provisions had not taken effect.

##### **§ 18A:64M-21** References refer to Rowan University. {#sec-18a-64m-21 omnilex-key=us-nj-statutes--title-18a--18A:64M-21}

53. Whenever in any law, rule, regulation, contract, document, judicial or administrative proceeding or otherwise, reference is made to Rowan University, the same shall mean and refer to Rowan University, herein referred to as "university," established as a public research university pursuant to the provisions of this act.

##### **§ 18A:64M-22** Powers of Secretary of Higher Education. {#sec-18a-64m-22 omnilex-key=us-nj-statutes--title-18a--18A:64M-22}

54. The general powers of supervision and control of the Secretary of Higher Education at the request of the Governor over Rowan University include the power to visit the university to examine into its manner of conducting its affairs and to enforce an observance of its laws and regulations and the laws of the State.

##### **§ 18A:64M-23** Governor of contract claims, suits. {#sec-18a-64m-23 omnilex-key=us-nj-statutes--title-18a--18A:64M-23}

55. Notwithstanding any of the provisions of the "New Jersey Contractual Liability Act" (N.J.S.59:13-1 et seq.) to the contrary, contract claims and suits against the university shall be governed by that act.

##### **§ 18A:64M-24** Warranty by contractor. {#sec-18a-64m-24 omnilex-key=us-nj-statutes--title-18a--18A:64M-24}

56. Every contract or agreement negotiated, awarded or made pursuant to this act shall contain a suitable warranty by the contractor that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business, for the breach or violation of which warranty the university shall have the right to annul such contract without liability or in its discretion to deduct from the contract price or consideration the full amount of such commission, percentage, brokerage or contingent fee.

##### **§ 18A:64M-25** Violations deemed misdemeanor. {#sec-18a-64m-25 omnilex-key=us-nj-statutes--title-18a--18A:64M-25}

57. Any person willfully authorizing, consenting to, making or procuring to be made payment of university funds for or on account of any purchase, contract or agreement known to him to have been made or entered into in violation of any of the provisions of this act shall be guilty of a misdemeanor.

##### **§ 18A:64M-26** Certain transactions prohibited. {#sec-18a-64m-26 omnilex-key=us-nj-statutes--title-18a--18A:64M-26}

58. The payment of any fee, commission or compensation of any kind or the granting of any gift or gratuity of any kind, either directly or indirectly, whether or not in connection with any purchase, sale or contract, to any person employed by Rowan University, having any duties or responsibilities in connection with the purchase or acquisition of any property or services by the university, by or on behalf of any seller or supplier who has made, negotiated, solicited or offered to make and contract to sell or furnish real or personal property or services to the university is hereby prohibited. Any person offering, paying, giving, soliciting or receiving any fee, commission, compensation, gift or gratuity in violation of this section shall be guilty of a misdemeanor.

##### **§ 18A:64M-27** Terms of board members unaltered. {#sec-18a-64m-27 omnilex-key=us-nj-statutes--title-18a--18A:64M-27}

59. The provisions of this act shall not alter the term of any member of the board, not specifically abolished herein, lawfully in office as of the effective date of this act, or require the reappointment thereof.

##### **§ 18A:64M-28** Construction of act. {#sec-18a-64m-28 omnilex-key=us-nj-statutes--title-18a--18A:64M-28}

60. No provision of this act shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit, of the State of New Jersey.

##### **§ 18A:64M-29** Liberal construction. {#sec-18a-64m-29 omnilex-key=us-nj-statutes--title-18a--18A:64M-29}

61. This act, being deemed and declared necessary for the welfare of the State and the people of New Jersey to provide for the development of public higher education in the State and thereby to improve the quality and increase the efficiency of the public system of educational services of the State, shall be liberally construed to effectuate the purposes and intent thereof.

##### **§ 18A:64M-30** Allocation to Department of State. {#sec-18a-64m-30 omnilex-key=us-nj-statutes--title-18a--18A:64M-30}

62. In accordance with the provisions of section 27 of P.L.1994, c.48 (C.18A:3B-27), the university is allocated to the Department of State for the purposes of complying with the provisions of Article V, Section IV, Paragraph 1 of the New Jersey Constitution. Notwithstanding this allocation, the university shall be independent of any supervision or control of the Department of State or any board, commission, or officer thereof and the allocation shall not in any way affect the principles of institutional autonomy established by that act and as otherwise enumerated herein.

##### **§ 18A:64M-31** Certain functions, powers, duties, rights transferred to Rowan. {#sec-18a-64m-31 omnilex-key=us-nj-statutes--title-18a--18A:64M-31}

8. a. All functions, powers, duties, and rights of the University of Medicine and Dentistry of New Jersey, related directly or indirectly to the establishment, maintenance, and operation as to the School of Osteopathic Medicine, are hereby transferred and assigned to Rowan University. All of the University of Medicine and Dentistry of New Jersey's rights, title, and interest in the School of Osteopathic Medicine, its auxiliary and supporting institutions and the campus located in Stratford including, but not limited to, all associated fixed tangible assets, real property, building and all furniture, fixtures, equipment, and personal property contained therein, are hereby transferred to Rowan University and shall be devoted to the purposes of public higher education in the State in accordance with the terms of any gift, grant, trust, contract or other agreement with the State or any of its political subdivisions or with the United States or with any public body, department or any agency of the State or the United States or with any individual, firm or corporation.

Rowan University shall be obligated to take any such action as may be required to ensure that the School of Osteopathic Medicine maintains proper accreditation.

The facilities, equipment, and fixtures shared on the effective date of this act by the School of Osteopathic Medicine and other schools of the University of Medicine and Dentistry of New Jersey located on the Stratford campus shall continue to be shared until such time as the board of governors of Rutgers, The State University and the board of trustees of Rowan University reach an agreement on the shared use of facilities, equipment, and fixtures on the Stratford campus.

b. It is hereby stated and acknowledged that osteopathic medical education is critical to the health and welfare of the residents of the State. In order to preserve a strong osteopathic academic resource for the State, the School of Osteopathic Medicine shall maintain its own academic programs at the undergraduate and graduate medical education levels, separate and distinct from any other medical school, including without limitation, another medical school affiliated with the same university.

c. The School of Osteopathic Medicine shall maintain a principal clinical affiliation with at least one hospital, clinical affiliations with other hospitals deemed necessary by the school to fulfill its mission, and shall maintain the current faculty practice plan.

##### **§ 18A:64M-31.1** Intention of the Legislature to protect Rowan University; reimbursement. {#sec-18a-64m-31.1 omnilex-key=us-nj-statutes--title-18a--18A:64M-31.1}

6. In transferring the assets of the University of Medicine and Dentistry of New Jersey to Rowan University, it is the intention of the Legislature to protect Rowan University, and to hold it harmless, subject to future appropriation, for unexpected costs or losses associated with undisclosed liabilities of the University of Medicine and Dentistry of New Jersey that were not reasonably foreseeable or contemplated at the time of the transfers required by this act. Therefore, if Rowan University experiences, during fiscal years 2014 and 2015, costs or losses associated with liabilities of the University of Medicine and Dentistry of New Jersey that were not identified in the certified financial statements of the University of Medicine and Dentistry of New Jersey for the time periods preceding the incurrence of the cost or loss, the State shall reimburse Rowan University for such cost or loss, subject to appropriation by the Legislature.

##### **§ 18A:64M-32** Transfer of appropriations, grants, moneys, employees, property to Rowan. {#sec-18a-64m-32 omnilex-key=us-nj-statutes--title-18a--18A:64M-32}

9. Upon the transfer of the School of Osteopathic Medicine of the University of Medicine and Dentistry of New Jersey to Rowan University pursuant to section 8 of this act:

a. all appropriations, grants, debt service, research funds, and other moneys available and to become available to the School of Osteopathic Medicine are hereby transferred to Rowan University, and shall be available for the objects and purposes for which appropriated subject to any terms, restrictions, limitations or other requirements imposed by the State budget or by State and federal law. Included in this provision are moneys currently received by the University of Medicine and Dentistry of New Jersey for the services and systems that provide the infrastructure for the educational, research, and clinical missions of the School of Osteopathic Medicine and for the maintenance and operation of the Stratford campus, such as specialized research equipment, information technology services that support research and clinical activities, and specialized legal services related to research and intellectual property development.

b. all employees of the School of Osteopathic Medicine are hereby transferred to Rowan University. Nothing in this act shall be considered to deprive any person of any tenure rights or of any right or protection provided him under any pension law or retirement system or any other law of this State.

c. all files, books, papers, records, equipment, and other property of the School of Osteopathic Medicine are hereby transferred to Rowan University.

d. all orders, rules or regulations heretofore made or promulgated by the School of Osteopathic Medicine, or by the University of Medicine and Dentistry of New Jersey on its behalf, shall be continued with full force and effect as the orders, rules and regulations of Rowan University until amended or repealed pursuant to law.

e. Rowan University shall be allocated the appropriations previously provided and received for institutional support, centralized services, State-funded personnel and budgeted positions, and grants-in-aid made available to the University of Medicine and Dentistry of New Jersey for the operations of the School of Osteopathic Medicine and the Stratford campus. In order to provide for a smooth transfer, Rutgers, The State University and Rowan University may enter into shared services agreements relating to centralized services at the schools.

f. all grants, appropriations, budgeted amounts, gifts, bequests, tuition, endowments, and any other funding of any type whatsoever from any source whatsoever which has been designated for use, or is used by the University of Medicine and Dentistry of New Jersey at the School of Osteopathic Medicine or which has been designated for use in connection with the establishment, construction, operation, and expansion of the School of Osteopathic Medicine shall be allocated to Rowan University.

##### **§ 18A:64M-33** Disposition of certain medical malpractice claims. {#sec-18a-64m-33 omnilex-key=us-nj-statutes--title-18a--18A:64M-33}

10. For medical malpractice claims incurred at the School of Osteopathic Medicine before or after the effective date of this act, Rowan University shall elect within 75 days of the signing of this act whether it, and its employees, shall be represented in all such matters by the Attorney General. If Rowan University elects to be represented by the Attorney General, then the Department of the Treasury shall enter into a memorandum of agreement with Rowan University modeled on the June, 2003 memorandum of agreement between the Department of the Treasury and the University of Medicine and Dentistry concerning the Self-Insurance Reserve Fund and moneys in the fund known as the Self-Insurance Reserve Fund shall be available to Rowan University solely to indemnify and defend medical malpractice claims against employees, officers, and servants of the School of Osteopathic Medicine. If Rowan University elects not to be represented by the Attorney General, then it shall be required to provide employees of the School of Osteopathic Medicine with defense and indemnification consistent with the terms and conditions of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., in lieu of the defense and indemnification that such employees would otherwise seek and be entitled to from the Attorney General pursuant to N.J.S.59:10-1 et seq. and P.L.1972, c.48 (C.59:10A-1 et seq.).

##### **§ 18A:64M-34** Certain debts transferred to Rowan. {#sec-18a-64m-34 omnilex-key=us-nj-statutes--title-18a--18A:64M-34}

11. All debts of the University of Medicine and Dentistry of New Jersey incurred in the operation and administration of the School of Osteopathic Medicine and debt specifically and directly related to the real and personal property being transferred in Stratford are hereby transferred to Rowan University, and all creditors of the University of Medicine and Dentistry of New Jersey may enforce those debts against Rowan University in the same manner as they might have had against the University of Medicine and Dentistry of New Jersey, and the rights and remedies of those creditors shall not be limited or restricted in any manner by this act.

##### **§ 18A:64M-35** Employee status unaffected. {#sec-18a-64m-35 omnilex-key=us-nj-statutes--title-18a--18A:64M-35}

12. a. Nothing in this act shall be construed to deprive any officers or employees of the School of Osteopathic Medicine of the University of Medicine and Dentistry of New Jersey of their rights, privileges, obligations or status with respect to any pension, retirement, or health benefits system. The employees shall, upon transfer to Rowan University, retain all of their rights and benefits under existing collective negotiations agreements or contracts until such time as new or revised agreements or contracts are agreed to. Notwithstanding the limitations on the number of Statewide negotiations units set forth in section 1 of P.L.2005, c.142 (C.34:13A-5.10), employees shall continue to be represented by the majority representative that represented them as employees of the School of Osteopathic Medicine of the University of Medicine and Dentistry of New Jersey, unless the employees choose to change their majority representative pursuant to law. Rowan University shall assume all obligations under existing or expired collective negotiations agreements that covered employees of the School of Osteopathic Medicine of the University of Medicine and Dentistry of New Jersey on the effective date of this act.

Employees in an existing University of Medicine and Dentistry of New Jersey negotiations unit employed at the School of Osteopathic Medicine on the effective date of this act, who are transferred to or become employees of Rowan University shall be deemed to constitute an appropriate collective negotiations unit under the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.).

Nothing in this act shall affect the civil service status, if any, of those officers or employees. Nothing in this act shall affect the tenure, rank, or academic track of any of those employees holding a faculty position.

b. The employees shall, upon transfer to Rowan University, not be considered new employees for any purpose and shall retain any accrued seniority, rank, and tenure, which shall be applied when determining eligibility for all benefits, including all paid leave time, longevity increases, and promotions.

##### **§ 18A:64M-36** Certain properties transferred. {#sec-18a-64m-36 omnilex-key=us-nj-statutes--title-18a--18A:64M-36}

13. Notwithstanding the provisions of Reorganization Plan No. 002-2009 to the contrary, the properties referenced in paragraph 2b.ii of the plan are hereby transferred from the University of Medicine and Dentistry of New Jersey to Rowan University without monetary or other consideration on or before September 1, 2013.

##### **§ 18A:64M-37** Rowan University - Rutgers Camden Board of Governors. {#sec-18a-64m-37 omnilex-key=us-nj-statutes--title-18a--18A:64M-37}

33. There is established the Rowan University-Rutgers Camden Board of Governors.

a. The board shall be composed of seven members as follows: two members appointed by the board of trustees of Rowan University from among its members; two members appointed by the board of directors of Rutgers University-Camden from among its members; and three members appointed by the Governor with the advice and consent of the Senate. The board shall elect a chairperson from among its membership.

b. The term of office of a member of the board appointed by the board of trustees of Rowan University or the board of directors of Rutgers University-Camden shall be coterminous with his term on that board. The term of office of the Governor's appointees shall be six years. An appointed member may be removed for cause by the board of trustees or the board of directors that appointed the member, or by the Governor in the case of his appointees.

c. Each member shall serve until his successor is appointed and qualified, and vacancies shall be filled in the same manner as the original appointments for the remainder of the unexpired term.

d. Members of the board shall serve without compensation but shall be entitled to be reimbursed for all reasonable and necessary expenses.

e. The board may be staffed by employees of Rowan University and Rutgers University-Camden.

##### **§ 18A:64M-38** Authority, responsibilities of Rowan University - Rutgers Camden Board of Governors. {#sec-18a-64m-38 omnilex-key=us-nj-statutes--title-18a--18A:64M-38}

34. The Rowan University-Rutgers Camden Board of Governors shall have the authority and responsibility to act, in all cases subject to and not inconsistent with the requirements and standards of applicable accreditation authorities, to:

a. approve or disapprove of the establishment or expansion of any schools, programs, or departments after the effective date of this act in the area of the health sciences proposed by either the board of trustees of Rowan University or the board of directors of Rutgers University-Camden;

b. determine policies for the organization, administration, and development of curriculum and programs of Rowan University and Rutgers University-Camden in the area of the health sciences, including dual degree programs and partnerships between the institutions;

c. make recommendations to Rowan University and to Rutgers, The State University for joint faculty appointments to Rowan University and Rutgers University-Camden;

d. provide curricular oversight of joint programs in the area of the health sciences of Rowan University and Rutgers University-Camden; and

e. develop plans for the operation and governance of health science facilities, including plans concerning the development and financing of capital improvements or expansions of health science facilities.

"Health sciences" for purposes of this section shall include, but not be limited to, nursing, medicine, dentistry, pharmacy, pharmacology, biochemistry, biomedicine, genetics, bioengineering, public health, and physician-related studies.

The board shall not take any action to use, transfer, commit, or control the endowment funds or any other funds provided to or accumulated by and under the control of either institution without the respective approval of the Rowan University Board of Trustees or the Rutgers Board of Governors. The board shall have no authority over the tenure or contract rights of faculty at either Rutgers, The State University or Rowan University.

The board shall not take any action that would violate any of the bond covenants of Rutgers, The State University or Rowan University.

Rowan University and Rutgers University-Camden shall each appropriate $2,500,000 per year to the Rowan University-Rutgers Camden Board of Governors for administration and other necessary expenses.

##### **§ 18A:64M-38.1** Additional powers, duties. {#sec-18a-64m-38.1 omnilex-key=us-nj-statutes--title-18a--18A:64M-38.1}

5. In addition to the authority and responsibility of the Rowan University-Rutgers Camden Board of Governors pursuant to section 34 of P.L.2012, c.45 (C.18A:64M-38), the board shall have the power and the duty, subject to the limitations set forth in that section including the appropriations limit applicable to Rowan University and Rutgers, The State University set forth therein, and consistent with the provisions of P.L.2012, c.45 (C.18A:64M-1 et al.), to:

a. Enter into contracts and agreements with the State or any of its political subdivisions or with the United States, or with any public body, department, or other agency of the State or the United States or with any individual, firm, or corporation, which are deemed necessary or advisable by the board for carrying out the provisions of P.L.2012, c.45 (C.18A:64M-1 et al.);

b. Exercise the right of eminent domain, pursuant to the provisions of the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.), to acquire any property or interest therein, provided that this right shall be exercised only in a municipality that has been under rehabilitation and economic recovery pursuant to the "Municipal Rehabilitation and Economic Recovery Act," P.L.2002, c.43 (C.52:27BBB-1 et al.);

c. Accept from any government or governmental department, agency, or other public or private body or from any source grants or contributions of money or property which the board may use for or in aid of any of its purposes; and

d. Acquire, by gift, purchase, condemnation or otherwise, own, lease, dispose of, use and operate property, whether real, personal or mixed, or any interest therein, which is necessary or desirable for its purposes.

##### **§ 18A:64M-39** Layoffs of certain employees prohibited. {#sec-18a-64m-39 omnilex-key=us-nj-statutes--title-18a--18A:64M-39}

138. On and between the enactment date of this act and July 1, 2014, there shall be no layoff of any employee represented by a majority representative, who was employed as of the enactment date of this act, at the University of Medicine and Dentistry of New Jersey, University Hospital, Rutgers, the State University or Rowan University as a result of any reorganization, restructuring, transfer or acquisition of any school, facility, hospital, entity, function or operation of the University of Medicine and Dentistry of New Jersey, Rutgers, the State University or Rowan University that occurs pursuant to or as a result of the implementation of this act.

##### **§ 18A:64M-40** Construction of act. {#sec-18a-64m-40 omnilex-key=us-nj-statutes--title-18a--18A:64M-40}

139. Nothing in P.L.2012, c.45 (C.18A:64M-1 et al.) shall be construed to modify or contravene the rights and obligations of employers or employees under the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.).

##### **§ 18A:64M-41** Pledge, covenant with bond holders. {#sec-18a-64m-41 omnilex-key=us-nj-statutes--title-18a--18A:64M-41}

140. The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds heretofore issued and outstanding pursuant to a bond resolution of Rutgers, The State University or Rowan University that the entities established pursuant to this act shall abide by and otherwise fulfill the terms of any agreement, covenant, or indenture made by Rutgers, The State University to its bond holders and Rowan University to its bond holders, and will not in any way impair the rights or remedies of such holders.

##### **§ 18A:64M-42** Transition committee. {#sec-18a-64m-42 omnilex-key=us-nj-statutes--title-18a--18A:64M-42}

142. The State Treasurer shall establish a Transition Committee in such composition and with such subcommittees as he deems appropriate to advise him regarding all matters pursuant to this act, related to the division, allocation and assignment of State appropriations, debt issues, allocation of budgets, allocation of State personnel, and allocation of costs and resources, monetary and otherwise, of centralized services, involving Rowan University, Rutgers University-Camden, Rutgers, The State University, the University of Medicine and Dentistry of New Jersey, and University Hospital. Upon the advice of the committee or of its subcommittees, the State Treasurer shall be empowered to take all necessary administrative acts to implement the provisions of this act.

##### **§ 18A:64M-43** Transfer provisions interdependent, essential. {#sec-18a-64m-43 omnilex-key=us-nj-statutes--title-18a--18A:64M-43}

143. The provisions of each of the transfers of the schools, functions, institutes, campuses and centers, and rights, assets and privileges thereof, shall be considered to be interdependent and essential to the intent and purpose of this act and shall be non-severable, and if any of these transfers shall be deemed unenforceable or invalid, the remaining transfers shall be unenforceable and invalid.

## **Chapter 64N** {#struct-chapter-64n}

##### **§ 18A:64N-1** Short title. {#sec-18a-64n-1 omnilex-key=us-nj-statutes--title-18a--18A:64N-1}

1. This act shall be known and may be cited as the "Montclair State University Act."

##### **§ 18A:64N-2** Findings, declarations relative to Montclair State University. {#sec-18a-64n-2 omnilex-key=us-nj-statutes--title-18a--18A:64N-2}

2. The Legislature finds and declares that:

a. Montclair State University is a State university located in Montclair, Little Falls, Clifton, and Branchville, New Jersey, currently operating pursuant to the authority granted to State colleges by N.J.S.18A:64-1 et seq. and P.L.1994, c.48 (C.18A:3B-1 et seq.).

b. Building on a distinguished 108-year history, Montclair State University is a leading institution of higher education in New Jersey. The university's 10 colleges and schools serve 21,000 undergraduate and graduate students in more than 300 doctoral, master's, and baccalaureate level programs.

c. Montclair State University is currently comprised of the College of Humanities and Social Sciences, the College of Science and Mathematics, the College of Education and Human Services, the Feliciano School of Business, the College of the Arts, the John J. Cali School of Music, the School of Communication and Media, the Graduate School, the School of Nursing, and the New Jersey School of Conservation.

d. Effective February 1, 2016, the national Carnegie Classification of Institutions of Higher Education, which is the widely recognized classification of United States institutions of higher education, recognized Montclair State University as a Research Doctoral University, based on the substantial growth at the institution in doctoral-level education and research activity.

e. Effective March 31, 2016, the Office of the Secretary of Higher Education officially changed Montclair State University's programmatic mission to a doctoral degree-granting institution.

f. Pursuant to the Carnegie Classification of Institutions of Higher Education, doctoral universities are ranked at three levels: Research 1, which have the highest research activity; Research 2, which have higher research activity; and Research 3, which have moderate research activity. Among the public universities in New Jersey, Rutgers-New Brunswick is a Research 1 university; NJIT and Rutgers-Newark are Research 2 universities; and Montclair State University and Rowan University are Research 3 universities. Of these institutions, only Montclair State University has not been recognized as a public research university by the State of New Jersey.

g. Montclair State University has successfully expanded its research activities and doctoral programs and its ability to attract federal funds for research from the National Science Foundation, the National Institutes of Health, the National Aeronautics and Space Administration, the United States Department of Education, and other federal agencies.

h. Examples of important faculty research initiatives at the university include projects: to develop medical countermeasures for botulinum neurotoxin; to better evaluate drugs that inhibit, and find the causative agents of, Parkinson's Disease; to study the catastrophic collapse of ice shelves in the Antarctic; to solve the challenges of positioning autonomous vehicles in the ocean; to understand how urban students can come to think of themselves as mathematicians; to understand the sociodemographic factors contributing to racial and ethnic disparities in cancer prevention; to study the psychological effects on victims of natural disasters such as Superstorm Sandy; to evaluate the effectiveness of the portfolio management model being utilized in urban elementary schools; and to understand the unpredictable dynamics of stochastic disease spread.

i. These contributions to knowledge and the offering of advanced higher education programs are reflective of Montclair State University's historic contributions to New Jersey. Established in 1908, Montclair State University was the first of the State colleges to offer graduate programs in 1932.

j. In the past 15 years, Montclair State University has worked strategically and aggressively to grow enrollment, faculty, and facilities, and that growth has enabled the university to expand its educational programs and research initiatives in service to the State and the nation.

k. In light of Montclair State University's actual and successful transformation to a public research doctoral university and in recognition of the university's change in programmatic mission, it is appropriate at this time to designate Montclair State University as a public research university.

##### **§ 18A:64N-3** Designation as public research university. {#sec-18a-64n-3 omnilex-key=us-nj-statutes--title-18a--18A:64N-3}

3. As used in this act "Montclair State University," hereinafter referred to as "university," shall, unless the context clearly indicates to the contrary, include and mean the public research university herein designated "Montclair State University" as presently and hereafter constituted, including all departments, colleges, schools, centers, branches, educational and other units and extensions thereof, extension and cooperative education programs, continuing education programs and all other departments of higher education maintained by the educational entity of the university.

##### **§ 18A:64N-4** Body corporate and politic. {#sec-18a-64n-4 omnilex-key=us-nj-statutes--title-18a--18A:64N-4}

4. There is hereby established a body corporate and politic to be known as Montclair State University. The exercise by the university of the powers conferred by this act shall be deemed to be public and essential governmental functions necessary for the welfare of the State and the people of New Jersey.

##### **§ 18A:64N-5** Public policy. {#sec-18a-64n-5 omnilex-key=us-nj-statutes--title-18a--18A:64N-5}

5. It is declared to be the public policy of the State that the university shall be given a high degree of self-government and that the governance and conduct of the university shall be free of partisanship.

##### **§ 18A:64N-6** Board of trustees. {#sec-18a-64n-6 omnilex-key=us-nj-statutes--title-18a--18A:64N-6}

6. The board of trustees of the university is continued and shall have and exercise the powers, authority, rights and privileges and shall be subject to the duties, obligations, and responsibilities set forth in this act.

##### **§ 18A:64N-7** Composition, size of board; terms. {#sec-18a-64n-7 omnilex-key=us-nj-statutes--title-18a--18A:64N-7}

7. a. The composition and size of the board of trustees shall be determined by the board; however, the board shall have not less than seven nor more than 15 members. The members shall be appointed by the Governor with the advice and consent of the Senate. The board of trustees shall recommend potential new members to the Governor. The terms of office of appointed members shall be for six years beginning on July 1 and ending on June 30. Each member shall serve until his successor shall have been appointed and qualified and vacancies shall be filled in the same manner as the original appointments for the remainders of the unexpired terms. Any member of a board of trustees may be removed by the Governor for cause upon notice and opportunity to be heard.

b. Members of the board as of the effective date of this act shall continue in office until the expiration of their respective terms and the qualification in office of their successors.

c. All voting members of the board of trustees, before undertaking the duties of their office, shall take and subscribe an oath or affirmation to support the Constitution of the State of New Jersey and of the United States, to bear allegiance to the government of the State, and to perform the duties of their office faithfully, impartially and justly, to the best of their ability.

d. Members of the board of trustees shall not receive compensation for their services. Each trustee shall be reimbursed for actual expenses reasonably incurred in the performance of his duties or in rendering service as a member of or on behalf of the board or any committee of the board.

e. The board of trustees shall elect its chairperson from among its voting members annually in July. The board shall select such other officers from among its members as shall be deemed necessary.

f. A voting member of the board of trustees shall not be a salaried official of the State of New Jersey, or receive remuneration for services from the university. If any member of the board shall become ineligible by reason of the foregoing, a vacancy in his office as trustee shall thereby occur.

g. The board of trustees shall have the power to appoint and regulate the duties, functions, powers and procedures of committees, standing or special, from its members and such advisory committees or bodies as it may deem necessary or conducive to the efficient management and operation of the university, consistent with this act and other applicable statutes.

##### **§ 18A:64N-8** Election of student representatives. {#sec-18a-64n-8 omnilex-key=us-nj-statutes--title-18a--18A:64N-8}

8. The board of trustees of the university shall provide for the election of two student representatives, who shall be full-time, regularly matriculated students in good academic standing, and who shall be 18 years of age or older and citizens of the United States. The student representatives shall be elected by the members of the student government association to serve on the board of trustees for terms of two years commencing at the next organization of the board.

a. A student shall be elected for a two-year term, but shall serve during the first year as an alternate member, and as a voting member during the second year.

Any vacancies which occur shall be filled by the student governing body for the unexpired term only.

b. The standards for eligibility for student representatives on the board of trustees shall be the same as those required for other student government officers.

c. The student members shall be entitled to full participation in all activities of the board except that they shall not participate in:

(1) Any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of, promotion or disciplining of any specific prospective officer or employee or current officer or employee employed or appointed by the board, unless all the individual employees or appointees whose rights could be adversely affected request in writing that the matter or matters be discussed at a public meeting;

(2) Any matter involving the purchase, lease, acquisition or sale of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of these matters were disclosed; and

(3) Any pending or anticipated litigation in which the board is, or may become, a party, where it could adversely affect the public interest if discussion of these matters were disclosed, or any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer.

d. Upon assuming office, the students shall agree to adhere to such standards of responsibility and confidentiality as are established by the board of trustees.

##### **§ 18A:64N-9** Powers, duties. {#sec-18a-64n-9 omnilex-key=us-nj-statutes--title-18a--18A:64N-9}

9. The board of trustees of Montclair State University shall have the general supervision over and be vested with the conduct of the university. It shall have the power and duty to:

a. Adopt, use, and modify, as it deems appropriate, its corporate seal;

b. Determine the educational curriculum and program of the university, including approving the establishment of new educational programs, departments, or schools, and the discontinuance of existing educational programs, departments, or schools at the university, provided that the action is consistent with the university's programmatic mission and that the action is reviewed by the New Jersey President's Council pursuant to subsection c. of section 8 of P.L.1994, c.48 (C.18A:3B-8) or approved by the Secretary of Higher Education pursuant to subsection f. of section 14 of P.L.1994, c.48 (C.18A:3B-14), as applicable;

c. Determine policies for the organization, administration, and development of the university;

d. Study the educational and financial needs of the university, annually acquaint the Governor and Legislature with the condition of the university, and prepare and submit an annual request for appropriation to the Division of Budget and Accounting in the Department of the Treasury in accordance with law;

e. Disburse all moneys appropriated to the university by the Legislature and all moneys received from tuition, fees, auxiliary services and other sources;

f. Direct and control expenditures and transfers of funds appropriated to the university in accordance with the provisions of the State budget and appropriation acts of the Legislature, and, as to funds received from other sources, direct and control expenditures and transfers in accordance with the terms of any applicable trusts, gifts, bequests, or other special provisions, reporting changes and additions thereto and transfers thereof to the Director of the Division of Budget and Accounting in the Department of the Treasury. All accounts of the university shall be subject to audit by the State at any time;

g. In accordance with the provisions of the State budget and appropriation acts of the Legislature, appoint and fix the compensation and term of office of a president of the university who shall be the executive officer of the university and an ex officio member of the board of trustees, without vote, and shall serve at the pleasure of the board of trustees;

h. In accordance with the provisions of the State budget and appropriation acts of the Legislature, appoint, upon nomination of the president, such deans and other members of the academic, administrative, and teaching staffs as shall be required and fix their compensation and terms of employment;

i. Consistent with the provisions of its budget, this act and any and all controlling collective bargaining agreements, have the power, upon nomination or recommendation of the president, to appoint, remove, promote and transfer all other officers, agents, or employees which may be required to carry out the provisions of this act and prescribe qualifications for those positions, and assign requisite duties and determine and fix respective compensation for those positions in accordance with duly adopted salary program parameters;

j. Grant diplomas, certificates or degrees;

k. Enter into contracts and agreements with the State or any of its political subdivisions or with the United States, or with any public body, department or other agency of the State or the United States, including any public institution of higher education in the State or their subsidiaries or affiliates, or with any individual, firm or corporation which are deemed necessary or advisable by the board for carrying out the provisions of this act. A contract or agreement pursuant to this subsection may require a municipality to undertake obligations and duties to be performed subsequent to the expiration of the term of office of the elected governing body of such municipality which initially entered into or approved said contract or agreement, and the obligations and duties so incurred by such municipality shall be binding and of full force and effect, notwithstanding that the term of office of the elected governing body of such municipality which initially entered into or approved said contract or agreement, shall have expired;

l. Exercise the right of eminent domain, pursuant to the provisions of the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.), to acquire any property or interest therein;

m. Adopt, after consultation with the president and faculty, bylaws and make and promulgate such rules, regulations, and orders, not inconsistent with the provisions of this act as are necessary and proper for the administration and operation of the university and the carrying out of its purposes;

n. Establish fees for room and board sufficient for the operation, maintenance, and rental of student housing and food services facilities;

o. Fix and determine tuition rates and other fees to be paid by students;

p. Accept from any government or governmental department, agency or other public or private body or from any other source grants or contributions of money or property which the board may use for or in aid of any of its purposes;

q. Acquire, by gift, purchase, condemnation or otherwise, own, lease, dispose of, use and operate property, whether real, personal or mixed, or any interest therein, which is necessary or desirable for university purposes;

r. Employ architects to plan buildings; secure bids for the construction of buildings and for the equipment thereof; make contracts for the construction of buildings and for equipment; and supervise the construction of buildings;

s. Manage and maintain, and provide for the payment of all charges on and expenses in respect of, all properties utilized by the university;

t. Borrow money and to secure the same by a mortgage on its property or any part thereof, and to enter into any credit agreement for the needs of the university, as deemed requisite by the board, in such amounts and for such time and upon such terms as may be determined by the board, provided that no such borrowing shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit or be payable out of property or funds, other than moneys appropriated for that purpose, of the State;

u. Authorize any other new program, educational department or school;

v. (1) Adopt standing operating rules and procedures for the purchase of all equipment, materials, supplies and services; however, no contract on behalf of the university shall be entered into for the purchase of services, materials, equipment and supplies, for the performance of any work, or for the hiring of equipment or vehicles, through which the workers employed in the performance of the contract are paid in accordance with the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), where the sum to be expended exceeds $33,000 or the amount determined by the Governor as provided herein, unless the university shall first publicly advertise for bids and shall award the contract to that responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the university, price and other factors considered. Such advertising shall not be required in those exceptions created by the board of trustees of the university, which shall be in substance those exceptions contained in sections 4 and 5 of P.L.1954, c.48 (C.52:34-9 and C.52:34-10) and section 5 of P.L.1986, c.43 (C.18A:64-56) or for the supplying of any product or the rendering of any service by a public utility subject to the jurisdiction of the Board of Public Utilities of this State and tariffs and schedules of the charges made, charged, or exacted by the public utility for any such products to be supplied or services to be rendered are filed with the said board.

(2) Adopt standing operating rules and procedures for the purchase of all equipment, materials, supplies, and services; however, no contract on behalf of the university shall be entered into for the purchase of services, materials, equipment, and supplies, for the performance of any work, or for the hiring of equipment or vehicles, through which the workers employed in the performance of the contract are not paid in accordance with the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), where the sum to be expended exceeds $100,000 or the amount determined by the Governor as provided in this subsection, unless the university shall first publicly advertise for bids and shall award the contract to that responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the university, price and other factors considered. This advertising shall not be required in those exceptions created by the board of trustees of the university, which shall be in substance those exceptions contained in sections 4 and 5 of P.L.1954, c.48 (C.52:34-9 and C.52:34-10) and section 5 of P.L.1986, c.43 (C.18A:64-56) or for the supplying of any product or the rendering of any service by a public utility subject to the jurisdiction of the Board of Public Utilities of this State and tariffs and schedules of the charges made, charged, or exacted by the public utility for any products to be supplied or services to be rendered are filed with the board.

(3) Commencing July 1, 2017 and every two years thereafter, the Governor, in consultation with the Department of the Treasury, shall adjust the threshold amounts set forth in this subsection in direct proportion to the rise or fall of the consumer price index for all urban consumers in the New York City and the Philadelphia areas as reported by the United States Department of Labor. The Governor shall notify the university of the adjustment. The adjustment shall become effective on July 1 of the year in which it is reported.

(4) This subsection shall not prevent the university from having any work performed by its own employees, nor shall it apply to repairs, or to the furnishing of materials, supplies or labor, or the hiring of equipment or vehicles, when the safety or protection of its or other public property or the public convenience requires or the exigency of the university's service will not admit of such advertisement. In such case, the university shall, by resolution passed by the affirmative vote of its board of trustees, declare the exigency or emergency to exist, and set forth in the resolution the nature and approximate amount to be expended; shall maintain appropriate records as to the reason for such awards; and shall report regularly to its board of trustees on all such purchases, the amounts and the reasons therefor;

w. Invest certain moneys in such obligations, securities and other investments as the board shall deem prudent, consistent with the purposes and provisions of this act and in accordance with State and federal law, as follows:

Investment in nonprofit corporations or for-profit corporations organized and operated pursuant to the provisions of subsection x. of this section may utilize income realized from the sale or licensing of intellectual property as well as the reinvestment of earnings on intellectual property. Investment in nonprofit corporations may also utilize income from overhead grant fund recovery as permitted by federal law as well as other university funds except those specified in paragraph 5 of subsection x. of this section;

x. (1) Participate as the general partner or as a limited partner, either directly or through a subsidiary corporation created by the university, in limited partnerships, general partnerships, or joint ventures to support such purposes including, but not limited to, those engaged in the development, manufacture, or marketing of products, technology, scientific information or services and create or form for-profit or nonprofit corporations to engage in such activities; provided that:

(a) any such participation shall be consistent with the mission of the university;

(b) the board shall have determined that such participation is prudent; and

(c) unit work performed by employees of the university represented by one of the existing executive branch Statewide collective negotiations units is not transferred to the subsidiary corporation, limited partnership, general partnership, or joint venture created pursuant to this subsection or to persons employed by such subsidiary corporation, limited partnership, general partnership, or joint venture;

(2) The decision to participate in any activity described in paragraph (1) of this subsection, including the creation or formation of for-profit or nonprofit corporations, shall be articulated in the minutes of the board of trustees meeting in which the action was approved;

(3) The provisions of P.L.1971, c.182 (C.52:13D-12 et seq.) shall continue to apply to the university, its employees, and officers;

(4) Nothing herein shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit or be payable out of property or funds of the State;

(5) Funds directly appropriated to the university from the State or derived from the university's academic programs shall not be utilized by the for-profit or nonprofit corporations organized and operated pursuant to this subsection in the development, manufacture, or marketing of products, technology or scientific information;

(6) Employees of any joint venture, subsidiary corporation, partnership, or other jural entity formed, entered into, or owned wholly or in part by the university shall not be deemed public employees, however, any public employees of the university who may be assigned to support any joint venture, subsidiary corporation, partnership, or other jural entity formed, entered into, or owned wholly or in part by the university shall continue to be deemed public employees;

(7) A joint venture, subsidiary corporation, partnership, or other jural entity entered into or owned wholly or in part by the university shall not be deemed an instrumentality of the State of New Jersey;

(8) Income realized by the university pursuant to this subsection may be invested, reinvested, or retained by the board in accordance with the provisions of this act or State or federal law for use in furtherance of any of the purposes of this act or of other applicable statutes;

(9) The board shall annually report to the State Treasurer on the operation of all joint ventures, subsidiary corporations, partnerships, or such other jural entities entered into or owned wholly or in part by the university; and

(10) This subsection shall apply if a joint venture, subsidiary corporation, partnership, or other jural entity entered into or owned wholly or in part by the university, is expressly formed, created, or owned by the university pursuant to the authority set forth in this subsection. Further, this subsection shall in no way be construed to prohibit or limit the university from separately pursuing any other activities permitted by the authority granted under this act, or separately utilizing any other powers expressly authorized by this act for any activity consistent with the university's institutional mission, including to participate as the general partner or as a limited partner, either directly or through a subsidiary corporation created by the university, in limited partnerships, general partnerships, or joint ventures, otherwise than pursuant to this subsection;

y. Sue and be sued in its own name;

z. Retain independent counsel including representation by the Attorney General in accordance with subsection h. of section 6 of P.L.1994, c.48 (C.18A:3B-6) and, notwithstanding any other provision of law to the contrary, if the university elects not to be represented by the Attorney General in any matter in which the university is solely responsible for any potential liability, it shall be permitted to do so upon notice to the Attorney General;

aa. (1) Procure and enter into contracts for any type of insurance and indemnify and defend against loss or damage to property from any cause, including loss of use and occupancy, against death or injury of any person, against employees' liability, against any act of any member, officer, employee or servant of the university, whether part-time, full-time, compensated or non-compensated in the performance of the duties of his office or employment or any other insurable risk. In addition, the university shall carry its own liability insurance or maintain an actuarially sound program of self-insurance. Any joint venture, subsidiary corporation, or partnership or such other jural entity entered into or owned wholly or in part by the university shall carry insurance or maintain reserves in such amounts as are determined by an actuary to be sufficient to meet its actual or accrued claims;

(2) Moneys in the fund known as the Self-Insurance Trust Fund administered by the State Treasurer shall continue to be available to the university solely to indemnify and defend claims against the university and its employees, officers and servants but only to the extent that the university has elected on behalf of itself and its employees to obtain representation from the Attorney General pursuant to subsection h. of section 6 of P.L.1994, c.48 (C.18A:3B-6) and such entity or individuals would have been entitled to defense and indemnification pursuant to the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., as a State entity or State employee but for the provision of subsection z. of this section. Any expenditure of such funds shall be made only in accordance with the provisions of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., including but not limited to the provisions of chapters 10, 10A and 11 of Title 59 of the New Jersey Statutes. Nothing herein shall be construed to authorize the use of the Self-Insurance Trust Fund to indemnify or insure in any way, directly or indirectly the activities of any joint venture, partnership or corporation entered into or created by the university pursuant to subsection x. of this section;

bb. Create auxiliary organizations subject to the provisions of P.L.1982, c.16 (C.18A:64-26 et seq.);

cc. Adopt a code of ethics that complies with the requirements of all statutes applicable to the institution, including, but not limited, to the "Higher Education Restructuring Act of 1994," P.L.1994, c.48 (C.18A:3B-1 et al.), the "New Jersey Conflicts of Interest Law," P.L.1971, c.182 (C.52:13D-12 et seq.), regulations of the State Ethics Commission, and any applicable executive orders;

dd. Establish a procedure for the confidential, anonymous submission of employee concerns regarding alleged wrongdoing at the university; and

ee. Merge or consolidate, including through or with subsidiary corporations created by the university, with one or more other nonprofit corporations formed and operated primarily for educational purposes and exempt under paragraph (3) of subsection (c) of section 501 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.501(c)(3)), as the board of trustees may determine, but consistent with the public purposes of the corporation, and shall assume any vested rights, grants, charter rights, privileges, exemptions, immunities, powers, prerogatives, franchises or advantages, debts, or liabilities of the nonprofit corporation.

A merger or consolidation with a subsidiary corporation created by the university pursuant to this subsection occurring after the effective date of P.L.2023, c.65 (C.18A:64N-9.1 et al.) shall not require approval of the Office of the Attorney General.

##### **§ 18A:64N-9.1** Findings, declarations. {#sec-18a-64n-9.1 omnilex-key=us-nj-statutes--title-18a--18A:64N-9.1}

1. The Legislature finds and declares that:

a. Bloomfield College is an independent institution of higher education located in Bloomfield, New Jersey, originally established by an act of the Legislature in 1871 as the "German Theological School of Newark, New Jersey," and which was later renamed through an act of the Legislature first as the "Bloomfield Theological Seminary" in 1913 and again in 1931 as "Bloomfield College and Seminary."

b. Bloomfield College is one of the most diverse liberal arts colleges in the nation, with nearly 1,300 undergraduate students and it is the State's only four-year institution of higher education with the federal designations of being a Minority Serving Institution (MSI), a Hispanic-Serving Institution (HSI), and a Predominantly Black Institution (PBI).

c. Bloomfield College is unable to continue operations as an independent college due to significant financial challenges, which have been further exacerbated by declining enrollment.

d. Due to Bloomfield College's status as the State's only MSI, HSI and PBI, it is of great public importance to New Jersey's system of higher education that Bloomfield College continue operations.

e. Montclair State University is a public institution of higher education with its main campus located in Montclair, Little Falls, and Clifton, New Jersey, and which has been designated by an act of the Legislature as a public research university in the State.

f. Montclair State University is comprised of 10 colleges and schools that serve over 21,000 undergraduate and graduate students in more than 300 doctoral, master's, and baccalaureate-level programs.

g. Montclair State University has been granted broad powers as a public research university to undertake activities that are necessary or desirable for university purposes, including the ability to acquire property, enter into contracts, form entities, and make decisions regarding the development of the university.

h. Recognizing the public importance of Bloomfield College, and determining that it is both necessary and desirable for university purposes, Montclair State University has entered into an agreement with Bloomfield College for it to become a part of Montclair State University.

i. The preservation of Bloomfield College's mission through an alignment with Montclair State University is within the public interest and has an important public purpose as it will preserve Bloomfield College's mission.

##### **§ 18A:64N-10** Public-private partnership agreements. {#sec-18a-64n-10 omnilex-key=us-nj-statutes--title-18a--18A:64N-10}

10. Notwithstanding the provisions of section 43 of P.L.2009, c.90 (C.18A:64-85) to the contrary, the university may enter into a public-private partnership agreement in accordance with the provisions of that section.

##### **§ 18A:64N-11** Participating contracting unit in competitive pricing system. {#sec-18a-64n-11 omnilex-key=us-nj-statutes--title-18a--18A:64N-11}

11. a. The university is authorized to be a participating contracting unit in a cooperative pricing system or a joint purchasing agreement established pursuant to the laws of this State.

b. The university may make purchases and contract for services through the use of a nationally recognized and accepted cooperative purchasing agreement, including a cooperative purchasing agreement in existence as of the effective date of P.L.2016, c.50 (C.18A:64-63.1 et al.), in accordance with the provisions of paragraph (3) of subsection b. of section 7 of P.L.1996, c.16 (C.52:34-6.2).

c. The State Treasurer may promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), which are necessary to effectuate the purposes of this section.

##### **§ 18A:64N-12** Functions, powers duties relative to investment, reinvestment of certain funds, purchase, sale. {#sec-18a-64n-12 omnilex-key=us-nj-statutes--title-18a--18A:64N-12}

12. All functions, powers and duties relating to the investment or reinvestment of funds other than those funds specified in subsection w. of section 9 of P.L.2017, c.178 (C.18A:64N-9) within the jurisdiction of the board of trustees including the purchase, sale, or exchange of any investments or securities may be exercised and performed by the Director of the Division of Investment in the Department of the Treasury in accordance with the provisions of P.L.1950, c.270 (C.52:18A-79 et seq.) if so authorized by the board. Before any such investment, reinvestment, purchase, sale, or exchange shall be made by the director for or on behalf of the board of trustees, the Director of the Division of Investment shall submit the details thereof to the board, which shall, itself or by its finance committee, within 48 hours, exclusive of Sundays and public holidays, after such submission to it, file with the director its written acceptance or rejection of such proposed investment, reinvestment, purchase, sale, or exchange; and the director shall have authority to make such investment, reinvestment, purchase, sale, or exchange for or on behalf of the board, unless there shall have been filed with him a written rejection thereof by the board or its finance committee as herein provided. The board of trustees shall determine from time to time the cash requirements of the various funds and accounts established by it and the amount available for investment, all of which shall be certified to the State Treasurer and the Director of the Division of Investment.

The finance committee of the board of trustees shall consist of three members of the board who shall be appointed in the same manner and for the same term as other committees of the board are appointed.

##### **§ 18A:64N-13** Internet website for board of trustees. {#sec-18a-64n-13 omnilex-key=us-nj-statutes--title-18a--18A:64N-13}

13. The university shall maintain an Internet website for the board of trustees. The purpose of the website shall be to provide increased public access to board operations and activities. The following information shall be posted on the board's website:

a. the board's rules, regulations, resolutions, and official policy statements;

b. notice, posted at least five business days prior to a meeting of the board or any of its committees, setting forth the time, date, location, and agenda of the meeting;

c. the minutes of each meeting of the board and its committees; and

d. information on any contract entered into by the board that was not competitively bid and the statutory authority for the contracting process.

The website shall be updated on a regular basis.

##### **§ 18A:64N-14** Additional powers, duties. {#sec-18a-64n-14 omnilex-key=us-nj-statutes--title-18a--18A:64N-14}

14. The board of trustees, in addition to the other powers and duties provided herein, shall be vested with the right of perpetual succession and shall have and exercise all the powers, rights, and privileges that are incident to the proper governance, conduct, and management of the university and the control of its properties and funds and such powers granted to the university or the board or reasonably implied, may be exercised without recourse or reference to any department or agency of the State, except as otherwise provided by this act.

##### **§ 18A:64N-15** Appointment, compensation of president. {#sec-18a-64n-15 omnilex-key=us-nj-statutes--title-18a--18A:64N-15}

15. The board shall appoint and fix the compensation of a president of the university. The president shall be responsible to the board of trustees and shall have such powers as shall be requisite for the executive management and conduct of the university in all departments, branches and divisions, and for the execution and enforcement of bylaws, ordinances, rules, regulations, statutes, and orders governing the management, conduct and administration of the university.

##### **§ 18A:64N-16** Immunity, personal liability. {#sec-18a-64n-16 omnilex-key=us-nj-statutes--title-18a--18A:64N-16}

16. No trustee or officer of the university shall be personally liable for any debt, obligation, or other liability of the university or incurred by or on behalf of the university or any constituent unit, subsidiary, or affiliate thereof.

##### **§ 18A:64N-17** Advice to Governor, Legislature. {#sec-18a-64n-17 omnilex-key=us-nj-statutes--title-18a--18A:64N-17}

17. The board of trustees shall advise the Governor and Legislature, in consultation with the Secretary of Higher Education and the President's Council and successor bodies, on the manner in which the facilities and services of the university may be utilized so as to increase the efficiency of the public education system and provide, maintain, and improve upon the quality of higher education for the people of the State. The board of trustees shall make recommendations to the Governor and the Legislature respecting the needs for the facilities and services of the university as an educational instrumentality of the State for that purpose.

##### **§ 18A:64N-18** University deemed employer for certain purposes. {#sec-18a-64n-18 omnilex-key=us-nj-statutes--title-18a--18A:64N-18}

18. Subject to the provisions of P.L.1969, c.242 (C.18A:66-167 et seq.) and except as otherwise provided by law, the university shall be deemed to be an employer for the purposes of the "Public Employees' Retirement System Act," P.L.1954, c.84 (C.43:15A-1 et seq.), and shall also be deemed to be a "public agency or organization" within the meaning of section 71 of that act (C.43:15A-71). Further, the university's commissioned police officers shall be eligible for participation in and subject to the provisions of the "Police and Firemen's Retirement Systems Act," P.L.1944, c.255 (C.43:16A-1 et seq.), and the university shall be deemed an employer within the meaning of that act.

##### **§ 18A:64N-19** Construction of act. {#sec-18a-64n-19 omnilex-key=us-nj-statutes--title-18a--18A:64N-19}

19. Nothing herein contained shall be construed to impair, annul or affect any vested rights, grants, privileges, exemptions, immunities, powers, prerogatives, franchises, or advantages heretofore obtained or enjoyed by the university or any constituent unit thereof, under any authority or any act of this State or under any grant, deed, conveyance, transfer, lease, estate, remainder, expectancy, trust, gift, donation, legacy, devise, endowment or fund, all of which are hereby ratified and confirmed except insofar as the same may have expired, be or have been repealed or altered, or may be inconsistent with this act or with existing provisions of law; subject however, thereto and to all of the rights, obligations, relations, conditions, terms, trust, duties, and liabilities to which the same are subject.

##### **§ 18A:64N-20** Current officers unaffected; exceptions. {#sec-18a-64n-20 omnilex-key=us-nj-statutes--title-18a--18A:64N-20}

20. The enactment and adoption of this act shall not, of itself, affect the official, operational, or organizational status of any officer of the university or any and all outstanding authorizations of any officer, agent, or employee to take specified action, or any and all outstanding commitments or undertakings of or by the university, except and only to the extent that any of the same may be inconsistent with this act.

##### **§ 18A:64N-21** Effect, establishment, body corporate, politic, Montclair State University. {#sec-18a-64n-21 omnilex-key=us-nj-statutes--title-18a--18A:64N-21}

21. Upon the establishment of the body corporate and politic known as Montclair State University:

a. All appropriations, grants, debt service, research funds, and other monies available to Montclair State University prior to the effective date of P.L.2017, c.178 (C.18A:64N-1 et seq.) and to become available shall be transferred to the university by the Director of the Division of Budget and Accounting in the Department of the Treasury and shall be available for the objects and purposes for which appropriated, subject to any terms, restrictions, limitations or other requirements imposed by the State budget;

b. All other grants, gifts, other moneys and property available to Montclair State University prior to the effective date of P.L.2017, c.178 (C.18A:64N-1 et seq.) and to become available to or for Montclair State University shall be transferred to the university and shall be available for the objects and purposes of the university, subject to any terms, restrictions, limitations or other requirements imposed by State and federal law or otherwise;

c. All employees of Montclair State University prior to and following the effective date of P.L.2017, c.178 (C.18A:64N-1 et seq.) shall become employees of the university. Nothing in this act shall be construed so as to deprive any person of any right of tenure or under any retirement system or to any pension, disability, social security or similar benefit, to which the person is entitled by law or contractually. All persons employed at Montclair State University shall continue to be represented by the majority representative that represented them on and after the effective date of P.L.2017, c.178 (C.18A:64N-1 et seq.), shall continue to be represented by the executive branch Statewide collective negotiations units they were in on and after the effective date of P.L.2017, c.178 (C.18A:64N-1 et seq.), and shall continue to be covered by the collective negotiations agreements that were in effect on and after the effective date of P.L.2017, c.178 (C.18A:64N-1 et seq.). Pursuant to section 12 of P.L.1986, c.42 (C.18A:64-21.1), the Governor shall continue to function as the public employer under the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), for persons employed at Montclair State University. For the purposes of this section, "executive branch Statewide collective negotiations units" mean the units specified in subsection b. of section 1 of P.L.2005, c.142 (C.34:13A-5.10). The employees of Montclair State University employed on the effective date of P.L.2017, c.178 (C.18A:64N-1 et seq.) shall not be considered new employees for any purpose and shall retain any accrued seniority, rank, and tenure, which shall be applied when determining eligibility for all benefits, including all paid leave time, longevity increases, promotions and health benefits. Nothing in P.L.2017, c.178 (C.18A:64N-1 et seq.) shall be construed to deprive any person employed at Montclair State University of any tenure rights or to in any manner affect the tenure, rank, or academic track of any employees holding a faculty position. Such tenure, rank and academic track shall continue to be through Montclair State University and shall be held or granted pursuant to the authority of the board of trustees of Montclair State University for all current and future employees employed at Montclair State University. Nothing in P.L.2017, c.178 (C.18A:64N-1 et seq.) shall be construed to deprive any officers or employees employed at Montclair State University of their rights, privileges, obligations or status under any pension, retirement, health benefits system, civil service law or any other law of this State;

d. All files, papers, records, equipment and other personal property of Montclair State University shall be transferred to the university;

e. All orders, rules or regulations theretofore made or promulgated by Montclair State University shall continue in full force and effect as the orders, rules and regulations of the university until amended or repealed by the university; and

f. Any person who becomes an employee of Montclair State University or a subsidiary corporation of the university other than a subsidiary corporation expressly formed pursuant to subsection x. of section 9 of P.L.2017, c.178 (C.18A:64N-9) through a merger or consolidation with another entity, shall be deemed a public employee and shall, as applicable, become a member of the Statewide collective negotiations unit which encompasses the employee's position and shall be represented by the majority representatives of that unit.

##### **§ 18A:64N-22** Certain actions unaffected. {#sec-18a-64n-22 omnilex-key=us-nj-statutes--title-18a--18A:64N-22}

22. This act shall not affect actions or proceedings, civil or criminal, brought by or against Montclair State University, but such actions or proceedings may be prosecuted or defended in the same manner and to the same effect by the university as if the foregoing provisions had not taken effect; nor shall any of the foregoing provisions affect any order or regulation made by, or other matters or proceedings before, Montclair State University, and all such matters or proceedings pending before Montclair State University on the effective date of this act shall be continued by the university, as if the foregoing provisions had not taken effect.

##### **§ 18A:64N-23** Reference to public research university. {#sec-18a-64n-23 omnilex-key=us-nj-statutes--title-18a--18A:64N-23}

23. Whenever in any law, rule, regulation, contract, document, judicial or administrative proceeding or otherwise, reference is made to Montclair State University, the same shall mean and refer to Montclair State University, herein referred to as "university," established as a public research university pursuant to the provisions of this act.

##### **§ 18A:64N-24** Powers, Secretary of Higher Education. {#sec-18a-64n-24 omnilex-key=us-nj-statutes--title-18a--18A:64N-24}

24. a. The general powers of supervision and control of the Secretary of Higher Education at the request of the Governor over Montclair State University include the power to visit the university to examine into its manner of conducting its affairs and to enforce an observance of the laws of the State.

b. Notwithstanding any other provision of law to the contrary, Montclair State University, through its board of trustees, shall have the care, custody, control, and title of such property acquired through a merger or consolidation occurring on or after the effective date of P.L.2023, c.65 (C.18A:64N-9.1 et al.), including through or with a subsidiary corporation created by the university, with one or more other nonprofit corporations formed and operated primarily for educational purposes and exempt under paragraph (3) of subsection (c) of section 501 of the Internal Revenue Code (26 U.S.C. s.501(c)(3)), subject to the visitorial powers of the Secretary of Higher Education at the request of the Governor. Any transfer of property owned by the New Jersey Educational Facilities Authority to the university shall be in accordance with subsection (g) of N.J.S.18A:72A-5.

##### **§ 18A:64N-25** Governance of contract claims and suits. {#sec-18a-64n-25 omnilex-key=us-nj-statutes--title-18a--18A:64N-25}

25. Notwithstanding any of the provisions of the "New Jersey Contractual Liability Act" (N.J.S.59:13-1 et seq.) to the contrary, contract claims and suits against the university shall be governed by that act.

##### **§ 18A:64N-26** Warranty by contractor. {#sec-18a-64n-26 omnilex-key=us-nj-statutes--title-18a--18A:64N-26}

26. Every contract or agreement negotiated, awarded or made pursuant to this act shall contain a suitable warranty by the contractor that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business, for the breach or violation of which warranty the university shall have the right to annul such contract without liability or in its discretion to deduct from the contract price or consideration the full amount of such commission, percentage, brokerage or contingent fee.

##### **§ 18A:64N-27** Violation, misdemeanor. {#sec-18a-64n-27 omnilex-key=us-nj-statutes--title-18a--18A:64N-27}

27. Any person willfully authorizing, consenting to, making or procuring to be made payment of university funds for or on account of any purchase, contract or agreement known to him to have been made or entered into in violation of any of the provisions of this act shall be guilty of a misdemeanor.

##### **§ 18A:64N-28** Prohibitions relative to purchase, acquisition of property or services. {#sec-18a-64n-28 omnilex-key=us-nj-statutes--title-18a--18A:64N-28}

28. The payment of any fee, commission or compensation of any kind or the granting of any gift or gratuity of any kind, either directly or indirectly, whether or not in connection with any purchase, sale or contract, to any person employed by Montclair State University, having any duties or responsibilities in connection with the purchase or acquisition of any property or services by the university, by or on behalf of any seller or supplier who has made, negotiated, solicited or offered to make and contract to sell or furnish real or personal property or services to the university is hereby prohibited. Any person offering, paying, giving, soliciting or receiving any fee, commission, compensation, gift or gratuity in violation of this section shall be guilty of a misdemeanor.

##### **§ 18A:64N-29** Terms of present board members. {#sec-18a-64n-29 omnilex-key=us-nj-statutes--title-18a--18A:64N-29}

29. The provisions of this act shall not alter the term of any member of the board, not specifically abolished herein, lawfully in office as of the effective date of this act, or require the reappointment thereof.

##### **§ 18A:64N-30** Construction. {#sec-18a-64n-30 omnilex-key=us-nj-statutes--title-18a--18A:64N-30}

30. No provision of this act shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit, of the State of New Jersey.

##### **§ 18A:64N-31** Liberal construction. {#sec-18a-64n-31 omnilex-key=us-nj-statutes--title-18a--18A:64N-31}

31. This act, being deemed and declared necessary for the welfare of the State and the people of New Jersey to provide for the development of public higher education in the State and thereby to improve the quality and increase the efficiency of the public system of educational services of the State, shall be liberally construed to effectuate the purposes and intent thereof.

##### **§ 18A:64N-32** Allocation to Department of State. {#sec-18a-64n-32 omnilex-key=us-nj-statutes--title-18a--18A:64N-32}

32. In accordance with the provisions of section 27 of P.L.1994, c.48 (C.18A:3B-27), the university is allocated to the Department of State for the purposes of complying with the provisions of Article V, Section IV, Paragraph 1 of the New Jersey Constitution. Notwithstanding this allocation, the university shall be independent of any supervision or control of the Department of State or any board, commission, or officer thereof and the allocation shall not in any way affect the principles of institutional autonomy established by that act and as otherwise enumerated herein.

##### **§ 18A:64N-33** Rights, obligations of employers, employees unaffected. {#sec-18a-64n-33 omnilex-key=us-nj-statutes--title-18a--18A:64N-33}

33. Nothing in P.L.2017, c.178 (C.18A:64N-1 et al.) shall be construed to modify or contravene the rights and obligations of employers or employees under the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.).

## **Chapter 64O** {#struct-chapter-64o}

##### **§ 18A:64O-1** Short title. {#sec-18a-64o-1 omnilex-key=us-nj-statutes--title-18a--18A:64O-1}

1. This act shall be known and may be cited as the "Kean University Act."

##### **§ 18A:64O-2** Findings, declarations relative to urban research universities. {#sec-18a-64o-2 omnilex-key=us-nj-statutes--title-18a--18A:64O-2}

2. The Legislature finds and declares that:

a. Kean University is a State university located in Union, Toms River, Manahawkin, and Jefferson, New Jersey, and Wenzhou, China, currently operating pursuant to the authority granted to State colleges by N.J.S.18A:64-1 et seq. and P.L.1994, c.48 (C.18A:3B-1 et seq.).

b. An urban research university is defined as an institution of higher education having one or more campus locations based at an urban center that reflects the diversity of the region's urban centers, serves as a hub for urban economic development by collaborating with policymakers and business leaders throughout the State, and applies education and research to inform urban public policy. Urban research universities provide high quality education at the undergraduate and graduate levels to underrepresented and underserved populations, predominantly commuter students, who would otherwise encounter numerous obstacles to advance beyond secondary education. By doing so, urban research universities play a vital and unique role in changing the face of professions that have historically been homogenous and monolithic, such as science, technology, engineering, and mathematics (STEM) fields, architecture, clinical sciences, and medicine. Urban research universities enrich the diversity of college student demographics, promote inclusion, and nurture diversity of thought to the problem solving of society's most challenging issues.

c. Building on a distinguished 166-year history, Kean University is a leading institution of higher education in New Jersey. The university's eight colleges and schools serve 14,000 undergraduate and graduate students in more than 50 baccalaureate programs and more than 60 programs of graduate study, including six doctoral programs.

d. Kean University is currently comprised of the College of Liberal Arts, the Michael Graves College, the Dorothy and George Hennings College of Science, Mathematics and Technology, the College of Education, the College of Business and Public Management, The New Jersey Center for Science, Technology and Mathematics, the School of Kean Online Education, and the Nathan Weiss Graduate College.

e. Effective December 4, 2017, the Office of the Secretary of Higher Education officially changed Kean University's programmatic mission to a doctoral degree-granting institution.

f. Since its founding in 1855 as the Newark Normal School, Kean University has evolved from an urban-based teacher education school into a comprehensive, doctoral-granting urban-research university with a global reach. Since the Northwest Ordinance of 1787, access to higher education has been viewed as a right by states, to prepare an educated citizenry as a foundation of social and economic development of their communities.

g. Kean University has more than 30 research centers, including the John S. Watson Institute for Urban Policy and Research that engages the New Jersey Urban Mayors Association that works with state and federal agencies, lawmakers, and nongovernmental and community-based organizations to develop and advance progressive and effective public policy to benefit urban communities. Partnership with the New Jersey Legislative Black Caucus allows Kean University to create innovative and sustaining policies to unite thought leaders, decision-makers, and higher education to address the systemic and structural need for equity in urban communities.

h. Kean University is recognized for its diversity and social mobility by the U.S. News and World Report, with an enrollment of 61 percent students of color. Kean University is designated as a Hispanic-Serving Institution by the federal Department of Education, exceeding the requirement of 25 percent of full-time equivalent status, with Hispanic students comprising 34 percent of the enrollment. The preponderance of Hispanic and African American students reflects the rich diversity of the proximate urban centers of Newark and Elizabeth, New Jersey to Kean University's main campus in Union.

i. More than half of the students at Kean University are supported by Pell Grants and are the first in their family to attend college.

j. Kean University graduates, from undergraduate to doctoral programs, reflect the diversity of New Jersey's urban centers. Kean University's Hispanic and African American graduates represent 38 percent of baccalaureate degree recipients, 43 percent of Master's degree recipients, and 31 percent of doctoral degree recipients, far exceeding the nationwide averages for this group among baccalaureate degree recipients (25 percent), Master's degree recipients (24 percent), and doctoral degree recipients (17 percent). Such diversity ranks Kean University among the most diverse urban research universities in the nation. The five-year graduation rates for Hispanic and African American students (at 77 percent and 63 percent respectively) in the combined Bachelor of Science and Master of Science at Kean University's New Jersey Center for Science, Technology and Mathematics are more than triple the national average. Kean University qualified for State funding through the New Jersey Office of the Secretary of Higher Education's Outcomes-Based Allocation, with 43 percent academic degree completions by underrepresented minorities and 5,717 Pell Grant recipients for the 2019 to 2020 academic year.

k. Kean University's mission statement, "to serve as active and contributing members of their communities," along with goals to continue to evolve as a "doctoral university with rigorous research activity" and to position Kean University as a "cultural, economic, and educational epicenter for the entire community" in "Beyond 2020: Kean University Strategic Plan 2020-2025," are consistent with criteria for urban research universities in the nation.

l. Kean University recently launched the Kean Scholar Academy Innovative, an innovative dual enrollment program for high school students. Students from urban districts in Union, Essex, Passaic, and Middlesex counties can earn college credits in a selected major and benefit from mentors and social-emotional support.

m. Kean University has been recognized through awards of highly competitive research grants from federal agencies including the National Endowment for the Humanities, National Science Foundation, National Institutes of Health, and the Department of Education. These grant awards have supported the enhancement of education and research for underrepresented and underserved students, including Spanish-speaking students seeking degrees in computer science.

n. Kean University has established the Center for Clinical Laboratory Science and Pandemic Research that includes a federally certified laboratory for COVID-19 testing on campus. Kean University's COVID-19 testing and research capabilities result from a unique partnership between the University, Union County, the State, and private industry. Research seeks solutions to address public health issues and racial health disparities experienced during the pandemic. COVID-19 vaccinations are available on campus in Union, New Jersey and mobile support is available for urban centers across the State.

o. In light of Kean University's continuous contributions and commitment to the advancement of important research initiatives, it is appropriate at this time to designate Kean University as a public urban research university.

##### **§ 18A:64O-3** Designation as public research university. {#sec-18a-64o-3 omnilex-key=us-nj-statutes--title-18a--18A:64O-3}

3. As used in this act "Kean University," hereinafter referred to as "university," shall, unless the context clearly indicates to the contrary, include and mean the public urban research university herein designated "Kean University" as presently and hereafter constituted, including all departments, colleges, schools, centers, branches, educational and other units and extensions thereof, extension and cooperative education programs, continuing education programs and all other departments of higher education maintained by the educational entity of the university.

##### **§ 18A:64O-4** Body corporate and politic. {#sec-18a-64o-4 omnilex-key=us-nj-statutes--title-18a--18A:64O-4}

4. There is hereby established a body corporate and politic to be known as Kean University. The exercise by the university of the powers conferred by this act shall be deemed to be public and essential governmental functions necessary for the welfare of the State and the people of New Jersey.

##### **§ 18A:64O-5** Public policy. {#sec-18a-64o-5 omnilex-key=us-nj-statutes--title-18a--18A:64O-5}

5. It is declared to be the public policy of the State that the university shall be given a high degree of self-government and that the governance and conduct of the university shall be free of partisanship.

##### **§ 18A:64O-6** Board of trustees. {#sec-18a-64o-6 omnilex-key=us-nj-statutes--title-18a--18A:64O-6}

6. The board of trustees of the university is continued and shall have and exercise the powers, authority, rights and privileges and shall be subject to the duties, obligations, and responsibilities set forth in this act.

##### **§ 18A:64O-7** Composition, size of board; terms. {#sec-18a-64o-7 omnilex-key=us-nj-statutes--title-18a--18A:64O-7}

7. a. The composition and size of the board of trustees shall be determined by the board; however, the board shall have not less than seven nor more than 15 members. The members shall be appointed by the Governor with the advice and consent of the Senate. The board of trustees shall recommend potential new members to the Governor. The terms of office of appointed members shall be for six years beginning on July 1 and ending on June 30. Each member shall serve until the member's successor shall have been appointed and qualified and vacancies shall be filled in the same manner as the original appointments for the remainder of the unexpired terms. Any member of the board of trustees may be removed by the Governor for cause upon notice and opportunity to be heard.

b. Members of the board as of the effective date of this act shall continue in office until the expiration of their respective terms and the qualification in office of their successors.

c. All voting members of the board of trustees, before undertaking the duties of their office, shall take and subscribe an oath or affirmation to support the Constitution of the State of New Jersey and of the United States, to bear allegiance to the government of the State, and to perform the duties of their office faithfully, impartially and justly, to the best of their ability.

d. Members of the board of trustees shall not receive compensation for their services. Each trustee shall be reimbursed for actual expenses reasonably incurred in the performance of the trustee's duties or in rendering service as a member of or on behalf of the board or any committee of the board.

e. The board of trustees shall elect its chairperson from among its voting members annually in September. The board shall select such other officers from among its members as shall be deemed necessary.

f. A voting member of the board of trustees shall not be a salaried official of the State of New Jersey, or receive remuneration for services from the university. If any member of the board shall become ineligible by reason of the foregoing, a vacancy in the member's office as trustee shall thereby occur.

g. The board of trustees shall have the power to appoint and regulate the duties, functions, powers and procedures of committees, standing or special, from its members and such advisory committees or bodies as it may deem necessary or conducive to the efficient management and operation of the university, consistent with this act and other applicable statutes.

##### **§ 18A:64O-8** Election of student representatives. {#sec-18a-64o-8 omnilex-key=us-nj-statutes--title-18a--18A:64O-8}

8. The board of trustees of the university shall provide for the election of two student representatives, who shall be full-time, regularly matriculated students in good academic standing and who shall be 18 years of age or older and citizens of the United States. The student representatives shall be elected by the members of the student body to serve on the board of trustees for terms of two years commencing at the next organization of the board.

a. A student shall be elected for a two-year term, but shall serve during the first year as an alternate member and as a voting member during the second year.

In the event that a vacancy occurs in the voting member position, the alternate member shall assume the position of voting member and complete the term of office of the voting member. In the event that a vacancy occurs in the alternate member position, an election shall be held within 60 days to fill the alternate member position.

b. The standards for eligibility for student representatives on the board of trustees shall be the same as those required for other student government officers.

c. The student members shall be entitled to full participation in all activities of the board, except that they shall not participate in:

(1) any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of, promotion, or disciplining of any specific prospective officer or employee or current officer or employee employed or appointed by the board, unless all the individual employees or appointees whose rights could be adversely affected request in writing that the matter or matters be discussed at a public meeting;

(2) any matter involving the purchase, lease, acquisition, or sale of real property with public funds, the setting of banking rates, or investment of public funds, where it could adversely affect the public interest if discussion of these matters were disclosed; or

(3) any pending or anticipated litigation in which the board is, or may become, a party, where it could adversely affect the public interest if discussion of these matters were disclosed, or any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise the attorney's ethical duties as a lawyer.

d. Upon assuming office, the students shall agree to adhere to such standards of responsibility and confidentiality as are established by the board of trustees.

##### **§ 18A:64O-9** Powers, duties. {#sec-18a-64o-9 omnilex-key=us-nj-statutes--title-18a--18A:64O-9}

9. The board of trustees of the university shall have the general supervision over and be vested with the conduct of the university. It shall have the power and duty to:

a. adopt, use, and modify, as it deems appropriate, a corporate seal;

b. determine the educational curriculum and program of the university, including approving the establishment of new educational programs, departments, or schools and the discontinuance of existing educational programs, departments, or schools at the university, provided that the action is consistent with the university's programmatic mission and that the action is reviewed by the New Jersey President's Council pursuant to subsection c. of section 8 of P.L.1994, c.48 (C.18A:3B-8) or approved by the Secretary of Higher Education pursuant to subsection f. of section 14 of P.L.1994, c.48 (C.18A:3B-14), as applicable;

c. determine policies for the organization, administration, and development of the university;

d. study the educational and financial needs of the university, annually acquaint the Governor and Legislature with the condition of the university, and prepare and submit an annual request for appropriation to the Division of Budget and Accounting in the Department of the Treasury in accordance with law;

e. disburse all moneys appropriated to the university by the Legislature and all moneys received from tuition, fees, auxiliary services, and other sources;

f. direct and control expenditures and transfers of funds appropriated to the university in accordance with the provisions of the State budget and appropriation acts of the Legislature and, as to funds received from other sources, direct and control expenditures and transfers in accordance with the terms of any applicable trusts, gifts, bequests, or other special provisions, reporting changes and additions thereto and transfers thereof to the Director of the Division of Budget and Accounting in the Department of the Treasury. All accounts of the university shall be subject to audit by the State at any time;

g. in accordance with the provisions of the State budget and appropriation acts of the Legislature, appoint and fix the compensation and term of office of a president of the university who shall be the executive officer of the university and an ex officio member of the board of trustees, without vote, and shall serve at the pleasure of the board of trustees;

h. in accordance with the provisions of the State budget and appropriation acts of the Legislature, appoint, upon nomination of the president, such deans and other members of the academic, administrative, and teaching staffs as shall be required and fix their compensation and terms of employment;

i. consistent with the provisions of its budget, this act and any and all controlling collective bargaining agreements have the power, upon nomination or recommendation of the president, to appoint, remove, promote, and transfer all other officers, agents, or employees which may be required to carry out the provisions of this act and prescribe qualifications for those positions and assign requisite duties and determine and fix respective compensation for those positions in accordance with duly adopted salary program parameters;

j. grant diplomas, certificates, or degrees;

k. enter into contracts and agreements with the State or any of its political subdivisions or with the United States, or with any public body, department, or other agency of the State or the United States, including any public institution of higher education in the State or their subsidiaries or affiliates or with any individual, firm, or corporation which are deemed necessary or advisable by the board for carrying out the provisions of this act. A contract or agreement pursuant to this subsection may require a municipality to undertake obligations and duties to be performed subsequent to the expiration of the term of office of the elected governing body of such municipality which initially entered into or approved said contract or agreement, and the obligations and duties so incurred by such municipality shall be binding and of full force and effect, notwithstanding that the term of office of the elected governing body of such municipality which initially entered into or approved said contract or agreement, shall have expired;

l. exercise the right of eminent domain, pursuant to the provisions of the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.), to acquire any property or interest therein;

m. adopt, after consultation with the president and faculty, bylaws and make and promulgate such rules, regulations, and orders, not inconsistent with the provisions of this act, as are necessary and proper for the administration and operation of the university and the carrying out of its purposes;

n. establish fees for room and board sufficient for the operation, maintenance, and rental of student housing and food services facilities;

o. fix and determine tuition rates and other fees to be paid by students;

p. accept from any government or governmental department, agency, or other public or private body or from any other source grants or contributions of money or property which the board may use for or in aid of any of its purposes;

q. acquire, by gift, purchase, condemnation, or otherwise, own, lease, dispose of, use, and operate property, whether real, personal, or mixed, or any interest therein, which is necessary or desirable for university purposes;

r. employ architects to plan buildings, secure bids for the construction of buildings and for the equipment thereof, make contracts for the construction of buildings and for equipment, and supervise the construction of buildings;

s. manage and maintain, and provide for the payment of all charges on and expenses in respect of, all properties utilized by the university;

t. borrow money and to secure the same by a mortgage on its property or any part thereof and to enter into any credit agreement for the needs of the university, as deemed requisite by the board, in such amounts and for such time and upon such terms as may be determined by the board, provided that no such borrowing shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit or be payable out of property or funds, other than moneys appropriated for that purpose, of the State;

u. authorize any new program, educational department or school;

v. (1) Adopt standing operating rules and procedures for the purchase of all equipment, materials, supplies, and services; however, no contract on behalf of the university shall be entered into for the purchase of services, materials, equipment, and supplies; for the performance of any work; or for the hiring of equipment or vehicles, through which the workers employed in the performance of the contract are paid in accordance with the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), where the sum to be expended exceeds $42,600 or the amount determined by the Governor as provided herein, unless the university shall first publicly advertise for bids and shall award the contract to that responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the university, price, and other factors considered. Such advertising shall not be required in those exceptions created by the board of trustees of the university, which shall be in substance those exceptions contained in sections 4 and 5 of P.L.1954, c.48 (C.52:34-9 and 52:34-10) and section 5 of P.L.1986, c.43 (C.18A:64-56) or for the supplying of any product or the rendering of any service by a public utility subject to the jurisdiction of the Board of Public Utilities of this State and tariffs and schedules of the charges made, charged, or exacted by the public utility for any such products to be supplied or services to be rendered are filed with the said board.

(2) Adopt standing operating rules and procedures for the purchase of all equipment, materials, supplies, and services; however, no contract on behalf of the university shall be entered into for the purchase of services, materials, equipment, and supplies; for the performance of any work; or for the hiring of equipment or vehicles, through which the workers employed in the performance of the contract are not paid in accordance with the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), where the sum to be expended exceeds $100,000 or the amount determined by the Governor as provided in this subsection, unless the university shall first publicly advertise for bids and shall award the contract to that responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the university, price and other factors considered. This advertising shall not be required in those exceptions created by the board of trustees of the university, which shall be in substance those exceptions contained in sections 4 and 5 of P.L.1954, c.48 (C.52:34-9 and C.52:34-10) and section 5 of P.L.1986, c.43 (C.18A:64-56) or for the supplying of any product or the rendering of any service by a public utility subject to the jurisdiction of the Board of Public Utilities of this State and tariffs and schedules of the charges made, charged, or exacted by the public utility for any products to be supplied or services to be rendered are filed with the board.

(3) Commencing on July 1, 2027, and every two years thereafter, the Governor, in consultation with the Department of the Treasury, shall adjust the threshold amounts set forth in this subsection in direct proportion to the rise or fall of the consumer price index for all urban consumers in the New York City and the Philadelphia areas as reported by the United States Department of Labor. The Governor shall notify the university of the adjustment. The adjustment shall become effective on July 1 of the year in which it is reported.

(4) This subsection shall not prevent the university from having any work performed by its own employees, nor shall it apply to repairs; or to the furnishing of materials, supplies, or labor; or the hiring of equipment or vehicles when the safety or protection of its or other public property or the public convenience requires or the exigency of the university's service will not admit of such advertisement. In such case, the university shall, by resolution passed by the affirmative vote of its board of trustees, declare the exigency or emergency to exist and set forth in the resolution the nature and approximate amount to be expended; shall maintain appropriate records as to the reason for such awards; and shall report regularly to its board of trustees on all such purchases, the amounts and the reasons therefor;

w. invest certain moneys in such obligations, securities, and other investments as the board shall deem prudent, consistent with the purposes and provisions of this act and in accordance with State and federal law, as follows:

(1) investment in not-for-profit corporations or for-profit corporations organized and operated pursuant to the provisions of subsection x. of this section may utilize income realized from the sale or licensing of intellectual property as well as the reinvestment of earnings on intellectual property; and

(2) investment in not-for-profit corporations may also utilize income from overhead grant fund recovery as permitted by federal law as well as other university funds except those specified in paragraph (5) of subsection x. of this section;

x. (1) participate as the general partner or as a limited partner, either directly or through a subsidiary corporation created by the university, in limited partnerships, general partnerships, or joint ventures to support any purpose related to the university, including, but not limited to, those engaged in the development, manufacture, or marketing of products, technology, scientific information, or services and create or form for-profit or not-for-profit corporations to engage in such activities, provided that any such participation shall be consistent with the mission of the university and the board shall have determined that such participation is prudent;

(2) the decision to participate in any activity described in paragraph (1) of this subsection, including the creation or formation of for-profit or not-for-profit corporations, shall be articulated in the minutes of the board of trustees meeting in which the action was approved;

(3) the provisions of P.L.1971, c.182 (C.52:13D-12 et seq.) shall continue to apply to the university, its employees, and officers;

(4) nothing herein shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit or be payable out of property or funds of the State;

(5) funds directly appropriated to the university from the State or derived from the university's academic programs shall not be utilized by the for-profit or not-for-profit corporations organized and operated pursuant to this subsection in the development, manufacture, or marketing of products, technology, or scientific information;

(6) employees of any joint venture, subsidiary corporation, partnership, or other jural entity formed, entered into, or owned wholly or in part by the university shall not be deemed public employees; however, any public employees of the university who may be assigned to support any joint venture, subsidiary corporation, partnership, or other jural entity formed, entered into, or owned wholly or in part by the university shall continue to be deemed public employees;

(7) a joint venture, subsidiary corporation, partnership, or other jural entity entered into or owned wholly or in part by the university shall not be deemed an instrumentality of the State of New Jersey;

(8) income realized by the university pursuant to this subsection may be invested, reinvested, or retained by the board in accordance with the provisions of P.L.2021, c.282 (C.18A:64O-1 et al.) or State or federal law for use in furtherance of any of the purposes of P.L.2021, c.282 (C.18A:64O-1 et al.) or of other applicable statutes;

(9) the board shall annually report to the State Treasurer on the operation of all joint ventures, subsidiary corporations, partnerships, or such other jural entities entered into or owned wholly or in part by the university; and

(10) this subsection shall apply if a joint venture, subsidiary corporation, partnership, or other jural entity entered into or owned wholly or in part by the university, is expressly formed, created, or owned by the university pursuant to the authority set forth in this subsection. Further, this subsection shall in no way be construed to prohibit or limit the university from separately pursuing any other activities permitted by the authority granted under P.L.2021, c.282 (C.18A:64O-1 et al.), or separately utilizing any other powers expressly authorized by P.L.2021, c.282 (C.18A:64O-1 et al.) for any activity consistent with the university's institutional mission, including to participate as the general partner or as a limited partner, either directly or through a subsidiary corporation created by the university, in limited partnerships, general partnerships, or joint ventures, otherwise than pursuant to this subsection;

y. sue and be sued in its own name;

z. retain independent counsel including representation by the Attorney General in accordance with subsection h. of section 6 of P.L.1994, c.48 (C.18A:3B-6) and, notwithstanding any other provision of law to the contrary, if the university elects not to be represented by the Attorney General in any matter in which the university is solely responsible for any potential liability, it shall be permitted to do so upon notice to the Attorney General;

aa. (1) procure and enter into contracts for any type of insurance and indemnify and defend against loss or damage to property from any cause, including loss of use and occupancy, against death or injury of any person, against employees' liability, against any act of any member, officer, employee, or servant of the university, whether part-time, full-time, compensated, or non-compensated in the performance of the duties of his office or employment or any other insurable risk. In addition, the university may carry its own liability insurance or maintain an actuarially sound program of self-insurance. Any joint venture, subsidiary corporation, or partnership or such other jural entity entered into or owned wholly or in part by the university shall carry insurance or maintain reserves in such amounts as are determined by an actuary to be sufficient to meet its actual or accrued claims;

(2) moneys in the fund known as the Self-Insurance Trust Fund administered by the State Treasurer shall continue to be available to the university solely to indemnify and defend claims against the university and its employees, officers, and servants, but only to the extent that the university has elected on behalf of itself and its employees to obtain representation from the Attorney General pursuant to subsection h. of section 6 of P.L.1994, c.48 (C.18A:3B-6) and such entity or individuals would have been entitled to defense and indemnification pursuant to the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., as a State entity or State employee, but for the provision of subsection z. of this section. Any expenditure of such funds shall be made only in accordance with the provisions of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., including, but not limited to, the provisions of chapters 10, 10A, and 11 of Title 59 of the New Jersey Statutes. Nothing herein shall be construed to authorize the use of the Self-Insurance Trust Fund to indemnify or insure in any way, directly or indirectly, the activities of any joint venture, partnership, or corporation entered into or created by the university pursuant to subsection x. of this section;

bb. create auxiliary organizations subject to the provisions of P.L.1982, c.16 (C.18A:64-26 et seq.);

cc. adopt a code of ethics that complies with the requirements of all statutes applicable to the institution, including, but not limited, to the "Higher Education Restructuring Act of 1994," P.L.1994, c.48 (C.18A:3B-1 et seq.), the "New Jersey Conflicts of Interest Law," P.L.1971, c.182 (C.52:13D-12 et seq.), regulations of the State Ethics Commission, and any applicable executive orders;

dd. establish a procedure for the confidential, anonymous submission of employee concerns regarding alleged wrongdoing at the university; and

ee. Merge or consolidate, including through or with subsidiary corporations created by the university, with one or more other nonprofit corporations formed and operated primarily for educational purposes and exempt under paragraph (3) of subsection (c) of section 501 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.501(c)(3)) or with one or more public institutions of higher education of the State of New Jersey, as the board of trustees may determine, but consistent with the public purposes of the corporation or public institution of higher education, and shall assume any vested rights, grants, charter rights, privileges, exemptions, immunities, powers, prerogatives, franchises or advantages, debts, or liabilities of the nonprofit corporation or public institution of higher education.

A merger or consolidation with a subsidiary corporation created by the university pursuant to this subsection occurring after the effective date of P.L.2025, c.218 (C.18A:64O-34 et al.) shall not require approval of the Office of the Attorney General.

##### **§ 18A:64O-10** Public-private partnership agreements. {#sec-18a-64o-10 omnilex-key=us-nj-statutes--title-18a--18A:64O-10}

10. Notwithstanding the provisions of section 43 of P.L.2009, c.90 (C.18A:64-85) to the contrary, the university may enter into a public-private partnership agreement in accordance with the provisions of that section.

##### **§ 18A:64O-11** Participating contracting unit in competitive pricing system. {#sec-18a-64o-11 omnilex-key=us-nj-statutes--title-18a--18A:64O-11}

11. a. The university is authorized to be a participating contracting unit in a cooperative pricing system or a joint purchasing agreement established pursuant to the laws of this State.

b. The university may make purchases and contract for services through the use of a nationally recognized and accepted cooperative purchasing agreement, including a cooperative purchasing agreement in existence as of the effective date of P.L.2016, c.50 (C.18A:64-63.1 et al.), in accordance with the provisions of paragraph (3) of subsection b. of section 7 of P.L.1996, c.16 (C.52:34-6.2).

c. The State Treasurer may promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), which are necessary to effectuate the purposes of this section.

##### **§ 18A:64O-12** Functions, powers, duties relative to investment, reinvestment of certain funds, purchase, sale. {#sec-18a-64o-12 omnilex-key=us-nj-statutes--title-18a--18A:64O-12}

12. All functions, powers and duties relating to the investment or reinvestment of funds other than those funds specified in subsection w. of section 9 of P.L.2021, c.282 (C.18A:64O-9) within the jurisdiction of the board of trustees including the purchase, sale, or exchange of any investments or securities may be exercised and performed by the Director of the Division of Investment in the Department of the Treasury in accordance with the provisions of P.L.1950, c.270 (C.52:18A-79 et seq.) if so authorized by the board. Before any such investment, reinvestment, purchase, sale, or exchange shall be made by the director for or on behalf of the board of trustees, the Director of the Division of Investment shall submit the details thereof to the board, which shall, itself or by its finance committee, within 48 hours, exclusive of Sundays and public holidays, after such submission to it, file with the director its written acceptance or rejection of such proposed investment, reinvestment, purchase, sale, or exchange; and the director shall have authority to make such investment, reinvestment, purchase, sale, or exchange for or on behalf of the board, unless there shall have been filed with him a written rejection thereof by the board or its finance committee as herein provided. The board of trustees shall determine from time to time the cash requirements of the various funds and accounts established by it and the amount available for investment, all of which shall be certified to the State Treasurer and the Director of the Division of Investment.

The finance committee of the board of trustees shall consist of three members of the board who shall be appointed in the same manner and for the same term as other committees of the board are appointed.

##### **§ 18A:64O-13** Internet website for board of trustees. {#sec-18a-64o-13 omnilex-key=us-nj-statutes--title-18a--18A:64O-13}

13. The university shall maintain an Internet website for the board of trustees. The purpose of the website shall be to provide increased public access to board operations and activities. The website shall be updated on a regular basis. The following information shall be posted on the board's website:

a. the board's rules, regulations, resolutions, and official policy statements;

b. notice, posted at least five business days prior to a meeting of the board, setting forth the time, date, location, and agenda of the meeting;

c. the minutes of each meeting of the board; and

d. information on any contract entered into by the board that was not competitively bid and the statutory authority for the contracting process.

##### **§ 18A:64O-14** Additional powers, duties. {#sec-18a-64o-14 omnilex-key=us-nj-statutes--title-18a--18A:64O-14}

14. The board of trustees, in addition to the other powers and duties provided herein, shall be vested with the right of perpetual succession and shall have and exercise all the powers, rights, and privileges that are incident to the proper governance, conduct, and management of the university and the control of its properties and funds and such powers granted to the university or the board or reasonably implied, may be exercised without recourse or reference to any department or agency of the State, except as otherwise provided by this act.

##### **§ 18A:64O-15** Appointment, compensation of president. {#sec-18a-64o-15 omnilex-key=us-nj-statutes--title-18a--18A:64O-15}

15. The board shall appoint and fix the compensation of a president of the university. The president shall be responsible to the board of trustees and shall have such powers as shall be requisite for the executive management and conduct of the university in all departments, branches and divisions, and for the execution and enforcement of bylaws, ordinances, rules, regulations, statutes, and orders governing the management, conduct and administration of the university.

##### **§ 18A:64O-16** Immunity from personal liability. {#sec-18a-64o-16 omnilex-key=us-nj-statutes--title-18a--18A:64O-16}

16. No trustee or officer of the university shall be personally liable for any debt, obligation, or other liability of the university or incurred by or on behalf of the university or any constituent unit , subsidiary, or affiliate thereof.

##### **§ 18A:64O-17** Advice to Governor, Legislature. {#sec-18a-64o-17 omnilex-key=us-nj-statutes--title-18a--18A:64O-17}

17. The board of trustees shall advise the Governor and Legislature, in consultation with the Secretary of Higher Education and the President's Council and successor bodies, on the manner in which the facilities and services of the university may be utilized so as to increase the efficiency of the public education system and provide, maintain, and improve upon the quality of higher education for the people of the State. The board of trustees shall make recommendations to the Governor and the Legislature respecting the needs for the facilities and services of the university as an educational instrumentality of the State for that purpose.

##### **§ 18A:64O-18** University deemed employer for certain purposes. {#sec-18a-64o-18 omnilex-key=us-nj-statutes--title-18a--18A:64O-18}

18. Subject to the provisions of P.L.1969, c.242 (C.18A:66-167 et seq.) and except as otherwise provided by law, the university shall be deemed to be an employer for the purposes of the "Public Employees' Retirement System Act," P.L.1954, c.84 (C.43:15A-1 et seq.), and shall also be deemed to be a "public agency or organization" within the meaning of section 71 of P.L.1954, c.84 (C.43:15A-71). The university's commissioned police officers shall be eligible for participation in and subject to the provisions of the "Police and Firemen's Retirement Systems Act," P.L.1944, c.255 (C.43:16A-1 et seq.), and the university shall be deemed an employer within the meaning of P.L.1944, c.255 (C.43:16A-1 et seq.).

##### **§ 18A:64O-19** Construction of act. {#sec-18a-64o-19 omnilex-key=us-nj-statutes--title-18a--18A:64O-19}

19. Nothing herein contained shall be construed to impair, annul or affect any vested rights, grants, privileges, exemptions, immunities, powers, prerogatives, franchises, or advantages heretofore obtained or enjoyed by the university or any constituent unit thereof, under any authority or any act of this State or under any grant, deed, conveyance, transfer, lease, estate, remainder, expectancy, trust, gift, donation, legacy, devise, endowment or fund, all of which are hereby ratified and confirmed except insofar as the same may have expired, be or have been repealed or altered, or may be inconsistent with this act or with existing provisions of law; subject however, thereto and to all of the rights, obligations, relations, conditions, terms, trust, duties, and liabilities to which the same are subject.

##### **§ 18A:64O-20** Current officers unaffected; expectations. {#sec-18a-64o-20 omnilex-key=us-nj-statutes--title-18a--18A:64O-20}

20. The enactment and adoption of this act shall not, of itself, affect the official, operational, or organizational status of any officer of the university or any and all outstanding authorizations of any officer, agent, or employee to take specified action, or any and all outstanding commitments or undertakings of or by the university, except and only to the extent that any of the same may be inconsistent with this act.

##### **§ 18A:64O-21** Effect of establishment of body corporate and politic known as Kean University. {#sec-18a-64o-21 omnilex-key=us-nj-statutes--title-18a--18A:64O-21}

21. Upon the establishment of the body corporate and politic known as Kean University:

a. all appropriations, grants, debt service, research funds, and other monies available to Kean University prior to the effective date of P.L.2021, c.282 (C.18A:64O-1 et al.) and to become available shall be transferred to the university by the Director of the Division of Budget and Accounting in the Department of the Treasury and shall be available for the objects and purposes for which appropriated, subject to any terms, restrictions, limitations, or other requirements imposed by the State budget;

b. all other grants, gifts, other moneys, and property available to Kean University prior to the effective date of P.L.2021, c.282 (C.18A:64O-1 et al.) and to become available to or for Kean University shall be transferred to the university and shall be available for the objects and purposes of the university, subject to any terms, restrictions, limitations, or other requirements imposed by State and federal law or otherwise;

c. all employees of Kean University prior to the effective date of P.L.2021, c.282 (C.18A:64O-1 et al.) shall become employees of the university. Nothing in P.L.2021, c.282 (C.18A:64O-1 et al.) shall be construed so as to deprive any person of any right of tenure or under any retirement system or to any pension, disability, social security, or similar benefit to which the person is entitled by law or contractually. All persons employed at Kean University shall continue to be represented by the majority representative that represented them on the effective date of this act, shall continue to be represented by the executive branch Statewide collective negotiations units they were in on the effective date of P.L.2021, c.282 (C.18A:64O-1 et al.), and shall continue to be covered by the collective negotiations agreements that were in effect on the effective date of this act. Pursuant to section 12 of P.L.1986, c.42 (C.18A:64-21.1), the Governor shall continue to function as the public employer under the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), for persons employed at Kean University. The executive branch Statewide collective negotiations units referenced in this section are the units specified in subsection b. of section 1 of P.L.2005, c.142 (C.34:13A-5.10).

The employees of Kean University employed on the effective date of P.L.2021, c.282 (C.18A:64O-1 et al.) shall not be considered new employees for any purpose and shall retain any accrued seniority, rank, and tenure, which shall be applied when determining eligibility for all benefits, including all paid leave time, longevity increases, promotions, and health benefits. Nothing in P.L.2021, c.282 (C.18A:64O-1 et al.) shall be construed to deprive any person employed at Kean University of any tenure rights or to in any manner affect the tenure, rank, or academic track of any employees holding a faculty position. Such tenure, rank, and academic track shall continue to be through Kean University and shall be held or granted pursuant to the authority of the board of trustees of Kean University for all current and future employees employed at Kean University. Nothing in P.L.2021, c.282 (C.18A:64O-1 et al.) shall be construed to deprive any officers or employees employed at Kean University of their rights, privileges, obligations, or status under any pension, retirement, health benefits system, civil service law, or any other law of this State;

d. all files, papers, records, equipment, and other personal property of Kean University shall be transferred to the university;

e. all orders, rules, or regulations theretofore made or promulgated by Kean University shall continue in full force and effect as the orders, rules, and regulations of the university until amended or repealed by the university; and

f. Any person who becomes an employee of Kean University or a subsidiary corporation of the university other than a subsidiary corporation expressly formed pursuant to subsection x. of section 9 of P.L.2021, c.282 (C.18A:64O-9) through a merger or consolidation with another entity shall be deemed a public employee and shall, as applicable, become a member of the Statewide collective negotiations unit which encompasses the employee's position and shall be represented by the majority representatives of that unit.

##### **§ 18A:64O-22** Certain actions unaffected. {#sec-18a-64o-22 omnilex-key=us-nj-statutes--title-18a--18A:64O-22}

22. This act shall not affect actions or proceedings, civil or criminal, brought by or against Kean University, but such actions or proceedings may be prosecuted or defended in the same manner and to the same effect by the university as if the foregoing provisions had not taken effect; nor shall any of the foregoing provisions affect any order or regulation made by, or other matters or proceedings before, Kean University, and all such matters or proceedings pending before Kean University on the effective date of this act shall be continued by the university, as if the foregoing provisions had not taken effect.

##### **§ 18A:64O-23** Reference to public research university. {#sec-18a-64o-23 omnilex-key=us-nj-statutes--title-18a--18A:64O-23}

23. Whenever in any law, rule, regulation, contract, document, judicial or administrative proceeding or otherwise, reference is made to Kean University, the same shall mean and refer to Kean University, herein referred to as "university," established as a public urban research university pursuant to the provisions of this act.

##### **§ 18A:64O-24** Powers of Secretary of Higher Education. {#sec-18a-64o-24 omnilex-key=us-nj-statutes--title-18a--18A:64O-24}

24. a. The general powers of supervision and control of the Secretary of Higher Education at the request of the Governor over Kean University include the power to visit the university to examine into its manner of conducting its affairs and to enforce an observance of the laws of the State.

b. Notwithstanding any other provision of law to the contrary, Kean University, through its board of trustees, shall have the care, custody, control, and title of such property acquired through a merger or consolidation occurring on or after the effective date of P.L.2025, c.218 (C.18A:64O-34 et al.), including through or with a subsidiary corporation created by the university, with one or more other nonprofit corporations formed and operated primarily for educational purposes and exempt under paragraph (3) of subsection (c) of section 501 of the Internal Revenue Code (26 U.S.C. s.501(c)(3)) or with a public institution of higher education, subject to the visitorial powers of the Secretary of Higher Education at the request of the Governor. Any transfer of property owned by the New Jersey Educational Facilities Authority to the university shall be in accordance with subsection (g) of N.J.S.18A:72A-5.

##### **§ 18A:64O-25** Governance of contract claims and suits. {#sec-18a-64o-25 omnilex-key=us-nj-statutes--title-18a--18A:64O-25}

25. Notwithstanding any of the provisions of the "New Jersey Contractual Liability Act" (N.J.S.59:13-1 et seq.) to the contrary, contract claims and suits against the university shall be governed by that act.

##### **§ 18A:64O-26** Warranty by contractor. {#sec-18a-64o-26 omnilex-key=us-nj-statutes--title-18a--18A:64O-26}

26. Every contract or agreement negotiated, awarded or made pursuant to this act shall contain a suitable warranty by the contractor that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business, for the breach or violation of which warranty the university shall have the right to annul such contract without liability or in its discretion to deduct from the contract price or consideration the full amount of such commission, percentage, brokerage or contingent fee.

##### **§ 18A:64O-27** Violation, misdemeanor. {#sec-18a-64o-27 omnilex-key=us-nj-statutes--title-18a--18A:64O-27}

27. Any person willfully authorizing, consenting to, making or procuring to be made payment of university funds for or on account of any purchase, contract or agreement known to the person to have been made or entered into in violation of any of the provisions of this act shall be guilty of a misdemeanor.

##### **§ 18A:64O-28** Prohibitions relative to purchase, acquisitions of property or services. {#sec-18a-64o-28 omnilex-key=us-nj-statutes--title-18a--18A:64O-28}

28. The payment of any fee, commission or compensation of any kind or the granting of any gift or gratuity of any kind, either directly or indirectly, whether or not in connection with any purchase, sale or contract, to any person employed by Kean University, having any duties or responsibilities in connection with the purchase or acquisition of any property or services by the university, by or on behalf of any seller or supplier who has made, negotiated, solicited or offered to make and contract to sell or furnish real or personal property or services to the university is hereby prohibited. Any person offering, paying, giving, soliciting or receiving any fee, commission, compensation, gift or gratuity in violation of this section shall be guilty of a misdemeanor.

##### **§ 18A:64O-29** Terms of present board members. {#sec-18a-64o-29 omnilex-key=us-nj-statutes--title-18a--18A:64O-29}

29. The provisions of this act shall not alter the term of any member of the board, not specifically abolished herein, lawfully in office as of the effective date of this act, or require the reappointment thereof.

##### **§ 18A:64O-30** Construction. {#sec-18a-64o-30 omnilex-key=us-nj-statutes--title-18a--18A:64O-30}

30. No provision of this act shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit, of the State of New Jersey.

##### **§ 18A:64O-31** Liberal construction. {#sec-18a-64o-31 omnilex-key=us-nj-statutes--title-18a--18A:64O-31}

31. This act, being deemed and declared necessary for the welfare of the State and the people of New Jersey to provide for the development of public higher education in the State and thereby to improve the quality and increase the efficiency of the public system of educational services of the State, shall be liberally construed to effectuate the purposes and intent thereof.

##### **§ 18A:64O-32** Allocation to the Department of State. {#sec-18a-64o-32 omnilex-key=us-nj-statutes--title-18a--18A:64O-32}

32. In accordance with the provisions of section 27 of P.L.1994, c.48 (C.18A:3B-27), the university is allocated to the Department of State for the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution. Notwithstanding this allocation, the university shall be independent of any supervision or control of the Department of State or any board, commission, or officer thereof and the allocation shall not in any way affect the principles of institutional autonomy established by that act and as otherwise enumerated herein.

##### **§ 18A:64O-33** Rights, obligations of employers, employees unaffected. {#sec-18a-64o-33 omnilex-key=us-nj-statutes--title-18a--18A:64O-33}

33. Nothing in P.L.2021, c.282 (C.18A:64O-1 et al.) shall be construed to modify or contravene the rights and obligations of employers or employees under the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.).

##### **§ 18A:64O-34** Short title. {#sec-18a-64o-34 omnilex-key=us-nj-statutes--title-18a--18A:64O-34}

1. Sections 1 through 10 of P.L.2025, c.218 (C.18A:64O-34 through 18A:64O-43) shall be known and may be cited as the “Kean University – New Jersey City University Merger Act.”

##### **§ 18A:64O-35** Findings, declarations. {#sec-18a-64o-35 omnilex-key=us-nj-statutes--title-18a--18A:64O-35}

2. The Legislature finds and declares that:

a. Kean University is a public urban research university, accredited by the Middle States Commission on Higher Education, with campuses at three locations in New Jersey, including a main campus in Union, a virtual campus through Kean Online, and the only public American university campus in China at Wenzhou-Kean University, and operating under the authority granted pursuant to the “Kean University Act,” P.L.2021, c.282 (18A:64O-1 et al).

b. Building on a distinguished 170-year history, Kean University serves as the State’s leading public urban research institution of higher education. In February 2025, Kean University officially earned an R2 research university designation under the Carnegie Classification of Institutions of Higher Education, recognizing the university's high level of research and doctoral activity. The university’s six colleges serve 14,000 undergraduate and graduate students in over 50 bachelor’s degree programs, more than 70 programs of graduate study, including seven doctoral programs, and 23 online programs at its New Jersey-based campuses.

c. In 2025, Kean University is comprised of the College of Business and Public Management; the College of Education; the College of Health Professions and Human Services; the College of Liberal Arts; the Michael Graves College, which includes the Robert Busch School of Design and the School of Public Architecture; the Dorothy and George Hennings College of Science, Mathematics and Technology, which includes the School of Integrative Science and Technology; and Kean Online.

d. Kean University’s mission is to create a world-class, innovative, and inclusive society through equity and excellence in teaching, learning, global research, and impactful public engagement. Since its inception, Kean University has focused on ensuring that students of all economic and social backgrounds gain access to excellence in higher education by eliminating roadblocks to their advancement.

e. New Jersey City University is a 100-year old State college located in Jersey City, New Jersey.

f. In 2022, New Jersey City University reported a structural deficit of $22 million, prompting New Jersey City University’s leaders to declare a fiscal emergency, which required the State to appropriate tens of millions of dollars of State aid to help New Jersey City University stabilize its finances and continue serving students. Additionally, the Office of the Secretary of Higher Education appointed a fiscal monitor (“State Monitor”) based upon a finding of instability in the financial condition of New Jersey City University.

g. In December 2024, in response to a recommendation from the State Monitor, New Jersey City University sought proposals from four-year public universities accredited by the Middle States Commission on Higher Education for a potential strategic partnership or merger that would sustain access to higher education for the students and communities that New Jersey City University serves. Kean University, recognizing its ability to not only address the current needs of New Jersey City University students, but also its potential to enhance opportunities for future students, submitted a proposal to become the strategic merger partner of New Jersey City University.

h. In March 2025, New Jersey City University’s Board of Trustees selected Kean University’s proposal, and Kean University and New Jersey City University exercised a letter of intent on May 15, 2025.

i. Kean University has been granted broad powers as a public urban research university to undertake activities that are necessary or desirable for higher education purposes, including the ability to acquire property, enter into contracts, and make decisions regarding its future development.

j. Recognizing the public importance of providing higher education to residents in New Jersey’s second most populous city, and determining that it is both necessary and desirable for university purposes, on October 1, 2025, Kean University and New Jersey City University entered into a merger agreement whereby Kean University will acquire New Jersey City University. The agreement stipulates that, after the closing of the merger, receiving approvals from the United States Department of Education and other regulators, and upon notification by the President of Kean University to the Secretary of Higher Education of New Jersey, New Jersey City University is to cease to exist as a separate entity and shall become an additional location of Kean University.

k. The preservation of New Jersey City University’s mission through a merger with Kean University is within the public interest and has an important public purpose, as it will preserve and advance the missions of both institutions to uplift the communities they serve through teaching and research by dedicated and supportive faculty, staff, and partnerships that create opportunity and will provide enhanced educational opportunities to the students of New Jersey City University, Hudson County, and the surrounding region.

l. It is in the overwhelming public interest of the State to assist Kean University in its merger with New Jersey City University. As such, it is the intent and purpose of the “Kean University – New Jersey City University Merger Act,” P.L.2025, c.218 (C.18A:64O-34 et al.) to effectuate the provisions of the October 1, 2025 agreement between Kean University and New Jersey City University in the most expeditious manner possible.

m. As of June 30, 2024, New Jersey City University’s audited financial statements show long-term debt obligations exceeding $150,000,000 that is required to be assumed by Kean University upon the closing of the acquisition. In addition, New Jersey City University previously purchased various parcels of real property that were never developed as intended, and has approximately $43,000,000 in affiliated debt outstanding with respect to a residence hall on the campus. Despite attempts by New Jersey City University to sell portions of this real estate, sufficient assets do not exist to satisfy the outstanding debt obligations. Given the ongoing difficult financial circumstances at New Jersey City University and the proposed assumption by Kean University of these financial burdens, it is the purpose of the “Kean University – New Jersey City University Merger Act,” P.L.2025, c.218 (C.18A:64O-34 et al.) to ease administrative and regulatory burdens associated with this transaction to the extent reasonably possible, to allow the merger of New Jersey City University with Kean University as expeditiously as possible, to promote economy and efficiency in this transaction, and to ensure the ongoing financial stability of Kean University upon its merger with New Jersey City University.

##### **§ 18A:64O-36** Merger authorized, New Jersey City University, Kean University. {#sec-18a-64o-36 omnilex-key=us-nj-statutes--title-18a--18A:64O-36}

3. (New section) In order to carry out the purposes of the “Kean University – New Jersey City University Merger Act,” P.L.2025, c.218 (C.18A:64O-34 et al.) and ensure that the students of New Jersey City University and the people of Hudson County can continue to benefit from a public university located in Jersey City, Kean University shall be authorized to merge with New Jersey City University subject to the completion of the requirements contained in the October 1, 2025 agreement executed between the parties and upon notification by the President of Kean University to the Secretary of Higher Education of satisfaction of the conditions set forth in the agreement.

##### **§ 18A:64O-37** New Jersey City University functions, powers, duties, rights transferred, assigned to Kean University. {#sec-18a-64o-37 omnilex-key=us-nj-statutes--title-18a--18A:64O-37}

4. a. Upon the merger of New Jersey City University and Kean University, and the receipt of any required notifications and prior approvals from the State or federal authorities and any applicable accrediting bodies, all of the functions, powers, duties, and rights of New Jersey City University shall be transferred and assigned to Kean University. All of New Jersey City University’s rights, title, and interest in its colleges, schools, institutes, and centers, its auxiliary and supporting institutions and the campuses located in Jersey City, New Jersey, including, but not limited to, all associated fixed tangible assets, real property, building and all furniture, fixtures, equipment, and personal property contained therein, shall be transferred to Kean University and shall be devoted to the purposes of public higher education in the State in accordance with the terms of any gift, grant, trust, contract, or other agreement with the State or any of its political subdivisions or with the United States or with any public body, department, or any agency of the State or the United States or with any individual, firm, or corporation. Any transfer of property owned by the New Jersey Educational Facilities Authority to Kean University shall be in accordance with subsection (g) of N.J.S.18A:72A-5.

b. Upon the merger of New Jersey City University and Kean University, and the receipt of any required notifications and prior approvals from the State or federal authorities and any applicable accrediting bodies, thereafter, if in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to New Jersey City University, the same shall mean and refer to Kean University to the extent permitted by applicable law.

c. The provisions of this section shall be effectuated immediately upon the closing of the acquisition of New Jersey City University by Kean University and shall require no additional action on the part of Kean University.

##### **§ 18A:64O-38** New Jersey City University Foundation, status, merger. {#sec-18a-64o-38 omnilex-key=us-nj-statutes--title-18a--18A:64O-38}

5. Nothing in the “Kean University – New Jersey City University Merger Act,” P.L.2025, c.218 (C.18A:64O-34 et al.) shall be construed to affect the status of the non-profit corporation known as the New Jersey City University Foundation, which shall continue to operate upon the merger of New Jersey City University with Kean University for the benefit of Hudson County residents who will be attending Kean University on the Jersey City campus.

##### **§ 18A:64O-39** Transfer of New Jesey City University financials, employees, properties. {#sec-18a-64o-39 omnilex-key=us-nj-statutes--title-18a--18A:64O-39}

6. Upon the merger of New Jersey City University and Kean University, and the receipt of any required notifications and prior approvals from State or federal authorities and any applicable accrediting bodies:

a. All appropriations, grants, research funds, and other moneys available and to become available to New Jersey City University are hereby transferred to Kean University, and shall be available for the objects and purposes for which appropriated subject to any terms, restrictions, limitations, or other requirements imposed by the State budget and appropriations act or by State and federal law.

b. All employees of New Jersey City University shall be considered new employees of Kean University. Nothing in the “Kean University – New Jersey City University Merger Act,” P.L.2025, c.218 (C.18A:64O-34 et al.) shall be considered to deprive any person of any tenure rights or academic rank acquired at New Jersey City University or any right or protection provided under any pension law or retirement system or any other law of this State.

c. All files, books, papers, records, equipment, and other property of New Jersey City University are hereby transferred to Kean University.

d. All orders, rules, or regulations heretofore made or promulgated by New Jersey City University shall be deemed null and void, unless Kean University, in its sole discretion, determines that such orders, rules, or regulations shall be continued. Such orders, rules, and regulations, if continued, may be the subject of any additions, deletions, revisions, or modifications issued by Kean University in accordance with its procedures for doing so.

e. The full number of State-funded positions allocated to New Jersey City University in P.L.2025, c.74, the annual appropriations act for the State fiscal year 2026, shall be transferred to Kean University.

f. Kean University shall be classified as a public research university for purposes of determining Tuition Aid Grant amounts provided by the Higher Education Student Assistance Authority. All students enrolled at Kean University who are eligible for Tuition Aid Grants pursuant to N.J.S.18A:71B-20 shall receive awards at the level established by the authority for public research universities.

g. All grants, appropriations, budgeted amounts, gifts, bequests, tuition, endowments, and any other funding of any type whatsoever from any source whatsoever which has been designated for use, or is used by New Jersey City University, shall be allocated to Kean University.

h. The State shall assist Kean University in its efforts to reduce, through defeasance or other financial means, the debt of New Jersey City University at the time of the merger issued by the New Jersey Educational Facilities Authority and the New Jersey Economic Development Authority.

##### **§ 18A:64O-40** Kean University – New Jersey City University merger, actions, proceedings. {#sec-18a-64o-40 omnilex-key=us-nj-statutes--title-18a--18A:64O-40}

7. The “Kean University – New Jersey City University Merger Act,” P.L.2025, c.218 (C.18A:64O-34 et al.) shall not affect any actions or proceedings, civil or criminal, brought by or against New Jersey City University, but such actions or proceedings may be prosecuted or defended in the same manner and to the same effect by Kean University, as if the foregoing provisions had not taken effect; nor shall any of the foregoing provisions affect any order or regulation made by, or other matters or proceedings before, New Jersey City University, and all such matters or proceedings pending before New Jersey City University, upon the merger of New Jersey City University and Kean University, shall be continued by Kean University, as if the foregoing provisions had not taken effect.

##### **§ 18A:64O-41** New Jersey City University debts transferred to Kean University. {#sec-18a-64o-41 omnilex-key=us-nj-statutes--title-18a--18A:64O-41}

8. a. Upon the merger of New Jersey City University and Kean University, and the receipt of any required notifications and prior approvals from State or federal authorities and any applicable accrediting bodies, all debts of New Jersey City University shall be transferred to Kean University, and all creditors of New Jersey City University may enforce those debts against Kean University in the same manner as they might have had against New Jersey City University, and the rights and remedies of those creditors shall not be limited or restricted in any manner by the “Kean University – New Jersey City University Merger Act,” P.L.2025, c.218 (C.18A:64O-34 et al.).

b. Nothing in this section shall be construed to limit the ability of Kean University to refinance, re-amortize, restructure, or otherwise amend the existing debt obligations of New Jersey City University upon or following the merger.

##### **§ 18A:64O-42** New Jersey City University employees, merger with Kean University. {#sec-18a-64o-42 omnilex-key=us-nj-statutes--title-18a--18A:64O-42}

9. a. Nothing in the “Kean University – New Jersey City University Merger Act,” P.L.2025, c.218 (C.18A:64O-34 et al.) shall be construed to deprive any employees of New Jersey City University, upon employment with Kean University, of their rights, privileges, obligations, or status with respect to any State pension, retirement, or health benefits.

b. Upon the merger of New Jersey City University and Kean University, and the receipt of any required notifications and prior approvals from State or federal authorities and any applicable accrediting bodies, employees of New Jersey City University shall be considered as new employees of Kean University and subject to the employment policies, procedures, rules, and regulations established by Kean University for its existing employees. Any collective negotiations agreement or individual employment contract agreement between New Jersey City University and any of its majority representatives or individual employees in effect on the date of the merger shall be deemed expired and null and void.

c. Employees of New Jersey City University who are represented for purposes of collective negotiations shall, upon transfer of employment to Kean University, be included within the collective negotiations unit at Kean University in which the employee’s title has been recognized for purposes of collective negotiations at Kean University. Thereafter, such employees shall be entitled to the terms and conditions of employment included in the applicable collective negotiations agreement between Kean University and the employee’s majority representative. If an employee’s title is not recognized by any collective negotiations unit at Kean University, then Kean University or any majority representative may utilize the procedures for unit clarification established in the regulations of the Public Employment Relations Commission to determine whether the employee shall continue to be represented by an existing majority representative at Kean University or included within another Executive Branch bargaining unit as defined by section 1 of P.L.2005, c.142 (C.34:13A-5.10) consistent with the procedures established in the “New Jersey Employer-Employee Relations Act,” P.L.1941, c.100 (C.34:13A-1 et seq.).

d. Nothing in the “Kean University – New Jersey City University Merger Act,” P.L.2025, c.218 (C.18A:64O-34 et al.) shall be construed to affect the Civil Service classification status, if any, of any former employee of New Jersey City University upon employment with Kean University. All such employees who are employed in a Civil Service title that is subject to a working test period pursuant to N.J.S.11A:4-15 shall be required to undergo a working test period administered by Kean University to determine whether the employee can satisfactorily perform the duties of the title in accordance with Civil Service Commission regulations. Kean University shall have the discretion to waive the working test period of new employees who were formerly employed by New Jersey City University. Any collectively negotiated agreement entered into between Kean University and a majority representative of Kean University or New Jersey City University employees regarding the impact of the merger on employment conditions shall be enforceable notwithstanding any provisions of the “Kean University – New Jersey City University Merger Act,” P.L.2025, c.218 (C.18A:64O-34 et al.) or any other law to the contrary, in accordance with the terms of the negotiated agreement.

e. Nothing in the “Kean University – New Jersey City University Merger Act,” P.L.2025, c.218 (C.18A:64O-34 et al.) shall limit Kean University from taking any personnel action that may be required in its discretion, subject to Civil Service requirements and the terms of any applicable collective negotiations agreements, if any, including, but not limited to, restructuring, reorganization, privatization of services, and employee layoffs. Kean University shall engage in good faith consultations with affected majority representatives with respect to any restructuring, reorganization, privatization, or employee layoffs it may seek to undertake after assuming responsibility for New Jersey City University’s former employees.

f. Upon employment with Kean University, former New Jersey City University employees holding a faculty position shall not retain seniority acquired while employed by New Jersey City University. Notwithstanding this subsection, employees holding a faculty position who acquired tenure with New Jersey City University pursuant to section 2 of P.L.2013, c.235 (C.18A:60-16) shall be hired by Kean University with tenure. Former employees of New Jersey City University holding a faculty position who are hired with tenure by Kean University pursuant to this subsection shall maintain their academic rank and shall not be counted toward any limitations established on the total number of new full-time tenure-track faculty members hired at the institution.

##### **§ 18A:64O-43** New Jersey City University – Kean University merger, no further approval required. {#sec-18a-64o-43 omnilex-key=us-nj-statutes--title-18a--18A:64O-43}

10. Notwithstanding any other provision of law to the contrary, the merger of New Jersey City University and Kean University shall not require any further approval from any officer, commission, agency, or authority of the State, except as expressly set forth in the “Kean University – New Jersey City University Merger Act,” P.L.2025, c.218 (C.18A:64O-34 et al.).

## **Chapter 65** {#struct-chapter-65}

##### **§ 18A:65-1** Short Title {#sec-18a-65-1 omnilex-key=us-nj-statutes--title-18a--18A:65-1}

This chapter shall be known as and may be cited as the "Rutgers, the state university law."

##### **§ 18A:65-2** The term "the corporation" defined; trusts imposed {#sec-18a-65-2 omnilex-key=us-nj-statutes--title-18a--18A:65-2}

The term "the corporation," as used in this chapter, shall mean the said body corporate and politic, incorporated under the name of "the trustees of Queen's-College, in New Jersey," by royal charter dated November 10, 1766 (amended March 20, 1770), confirmed and amended by acts of the legislature of the state of New Jersey adopted June 5, 1781, and May 31, 1799, respectively, and having perpetual succession and existence; its name having been changed to "the trustees of Rutgers college in New Jersey" by act of the legislature adopted November 30, 1825 and to "Rutgers, the state university" pursuant to an act of the legislature, approved June 1, 1956; one of the departments maintained by which is and continues to be the land grant college of New Jersey; the property and educational facilities, rights and privileges of which are and shall continue to be impressed with a public trust for higher education of the people of the state of New Jersey; and which is the instrumentality of the state for the purpose of operating the state university. Nothing herein contained shall impress with such trust any property of the state.

##### **§ 18A:65-3** "The state university" or "the university" defined and described {#sec-18a-65-3 omnilex-key=us-nj-statutes--title-18a--18A:65-3}

The term "the state university" or "the university," as used in this chapter, shall, unless the context clearly indicates to the contrary, include and mean the educational entity conducted by the corporation, heretofore designated "the state university of New Jersey," as now and hereafter constituted, including all departments, colleges, schools, centers, branches, educational and other units and extensions thereof, including the state college for the benefit of agriculture and the mechanic arts, the agricultural experiment station, the New Jersey agricultural experiment station managed and directed by the board of managers, Douglass college, the Paterson college, the graduate school of social work, the school of ceramics, the departments of higher education, formerly maintained by the university of Newark, including the college of arts and sciences, the school of business administration and the school of law, and those, formerly maintained by the college of South Jersey, including the junior college and the school of law, and all other departments of higher education maintained by the corporation.

##### **§ 18A:65-4** Vested rights, grants, charter privileges, etc., not affected; exceptions {#sec-18a-65-4 omnilex-key=us-nj-statutes--title-18a--18A:65-4}

Nothing herein contained shall be construed to impair, annul or affect any vested rights, grants, charter rights, privileges, exemptions, immunities, powers, prerogatives, franchises or advantages heretofore obtained or enjoyed by the corporation or the university or any constituent unit thereof, under authority of its charter or any act of this state or under any grant, deed, conveyance, transfer, lease, estate, remainder, expectancy, trust, gift, donation, legacy, devise, endowment or fund, all of which are hereby ratified and confirmed except insofar as the same may have expired or have been repealed or altered or may be inconsistent with this chapter or with existing provisions of law; subject, however, thereto and to all of the rights, obligations, relations, conditions, terms, trusts, duties and liabilities to which the same are subject.

##### **§ 18A:65-5** Officers or outstanding commitments not affected {#sec-18a-65-5 omnilex-key=us-nj-statutes--title-18a--18A:65-5}

The enactment and adoption of this chapter shall not of itself affect the official status of any officer of the corporation or the university, or any outstanding authorization of any officer, agent or employee to take any specified action, or any outstanding commitment or undertaking of or by the corporation or the university, except to the extent that any of the same may be inconsistent with this chapter.

##### **§ 18A:65-6** Tenure, civil service and retirement rights {#sec-18a-65-6 omnilex-key=us-nj-statutes--title-18a--18A:65-6}

Nothing in this chapter shall be construed so as to deprive any person of any right of tenure, or under civil service, or under any retirement system, or to any pension, disability or social security or similar benefits, to which he is entitled by law or contractually.

##### **§ 18A:65-8** State's credit not pledged {#sec-18a-65-8 omnilex-key=us-nj-statutes--title-18a--18A:65-8}

No provision in this chapter contained shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit, of the state of New Jersey.

##### **§ 18A:65-9** Chapter liberally construed {#sec-18a-65-9 omnilex-key=us-nj-statutes--title-18a--18A:65-9}

This chapter, being deemed and hereby declared necessary for the welfare of the state and the people of New Jersey to provide for the development of public higher education in the state and thereby to increase the efficiency of the public school system of the state, shall be liberally construed to effectuate the purposes and intent thereof.

##### **§ 18A:65-9.1** Certain repealers saved {#sec-18a-65-9.1 omnilex-key=us-nj-statutes--title-18a--18A:65-9.1}

Section 36 of chapter 61 of the laws of 1956 entitled "An Act concerning The Trustees of Rutgers College in New Jersey, the State University of New Jersey, changing its name to Rutgers, The State University, reorganizing the Board of Trustees thereof, and creating a Board of Governors having general supervision over and vested with the conduct of the University, amending its Charter, and repealing Section 3 of Chapter 49 of the Laws of 1945, approved March 26, 1945 (P.L.1945, page 115), and all acts and parts of acts inconsistent with this Act," approved June 1, 1956 (P.L.1956, c. 61), is saved from repeal. [This section repeals certain acts and also provisions of the charter and resolutions of the board of trustees of the university inconsistent with the provisions of this chapter.]

##### **§ 18A:65-10** Name {#sec-18a-65-10 omnilex-key=us-nj-statutes--title-18a--18A:65-10}

The name of the body corporate and politic, which operates the state university of the state of New Jersey, is continued as "Rutgers, the state university," hereafter referred to as the "corporation."

##### **§ 18A:65-11** Corporate seal {#sec-18a-65-11 omnilex-key=us-nj-statutes--title-18a--18A:65-11}

The seal of the corporation now in use, shall continue to be the common seal of the corporation, unless and until a new or different seal be adopted by joint or concurrent action of the boards.

##### **§ 18A:65-12** Board of governors continued, powers, etc. {#sec-18a-65-12 omnilex-key=us-nj-statutes--title-18a--18A:65-12}

The board of governors of the corporation is continued and it shall have and exercise the powers, authority, rights and privileges, and be subject to the duties, obligations and responsibilities set forth and expressed in this chapter.

##### **§ 18A:65-13** Board of trustees continued, powers, etc. {#sec-18a-65-13 omnilex-key=us-nj-statutes--title-18a--18A:65-13}

The board of trustees of the corporation is continued and it shall have and exercise the powers, authority, rights and privileges, and be subject to the fiduciary and other duties, obligations and responsibilities, set forth and expressed in this chapter.

##### **§ 18A:65-14** Board of governors, membership, classification, terms, succession. {#sec-18a-65-14 omnilex-key=us-nj-statutes--title-18a--18A:65-14}

The membership of the board of governors shall be classified as follows and consist of:

a. the president of the corporation, serving as an ex officio non-voting member; and

b. 15 voting members,

i. seven of whom shall be appointed by the Governor of the State, with the advice and consent of the Senate, with one of these members being a resident of Camden County, and one of whom shall be appointed by the Governor upon the recommendation of the President of the Senate and the Speaker of the General Assembly and who shall be a resident of Essex County, and

ii. seven of whom shall be appointed by the board of trustees, from among their members, one of whom shall be a resident of Essex County and one of whom shall be a resident of Middlesex County, elected and serving under the provisions of subsection I.c. or I.d. of 18A:65-15.

The first additional appointments made by the Governor pursuant to P.L.2012, c.45 (C.18A:64M-1 et al.), shall not require the advice and consent of the Senate, but thereafter such advice and consent shall be required.

All members shall serve for terms of six years, except that the terms of those initially appointed by the Governor which began on September 1, 1956, shall expire respectively (as designated by him) one, two, three, four, five and six years after June 30, 1956, and terms of those initially appointed by the board of trustees which began on September 1, 1956, shall expire respectively (as designated by the board) two, three, four, five and six years after June 30, 1956; all of whose respective successors shall be appointed to serve six-year terms. Governors may succeed themselves for not more than one additional term after having served one full six-year term (including an initial term beginning on September 1, 1956, and expiring on June 30, 1962).

##### **§ 18A:65-14.1** Campus advisory board for Rutgers University-Newark. {#sec-18a-65-14.1 omnilex-key=us-nj-statutes--title-18a--18A:65-14.1}

20. a. As used in this section, "northern counties" means Bergen, Essex, Hudson, Morris, Passaic, Union, Sussex, and Warren Counties.

b. Effective July 1, 2013, a campus advisory board shall be appointed for Rutgers University-Newark. The campus advisory board shall work with the chancellor of Rutgers University-Newark in implementing the teaching, research, and service mission of Rutgers University-Newark, the engagement of the campus with its local community, its region, and the State, and its commitment to academic excellence, access, and diversity.

The campus advisory board shall be composed of 13 members as follows: the chancellor of Rutgers University-Newark who shall serve ex-officio; the member of the board of governors of Rutgers, The State University who is appointed by the board of trustees and who is, pursuant to N.J.S.18A:65-14, required to be a resident of Essex County; two Rutgers University-Newark faculty members one of whom is appointed by the faculty union and one of whom is elected by the Rutgers Newark Faculty Council; one member of the Rutgers University-Newark administration appointed by the Rutgers University-Newark chancellor; one Rutgers University-Newark staff member selected from among the staff unions; two student representatives appointed by the Rutgers University-Newark student governing association; three members of the local community, two of whom shall be selected by the Office of Community Affairs from community organizations with one of these members being an alumnus of Rutgers University-Newark, and one of whom shall be selected by the Mayor of the City of Newark; and two public members who are appointed by the chancellor and who are residents of a northern county.

All members shall serve a term of two years, renewable by reappointment or re-election in the same manner as the initial selection. A president of the advisory board shall be selected for a one-year term by a vote of the members of the campus advisory board, and may be so elected for successive terms without limit.

A member shall be subject to removal, after a hearing by a majority of the campus advisory board, for malfeasance or conduct injurious to the interest of Rutgers University-Newark.

The board shall meet and organize annually at a regular meeting held during the second week in September. The president shall serve until the following September and until his successor is appointed and qualified. Vacancies in the offices shall be filled in the same manner for the unexpired term only.

Members of the board shall serve without compensation but shall be reimbursed for all reasonable and necessary expenses.

The campus advisory board shall hold at least one public meeting each semester.

##### **§ 18A:65-14.2** Duties of campus advisory board. {#sec-18a-65-14.2 omnilex-key=us-nj-statutes--title-18a--18A:65-14.2}

21. Notwithstanding the provisions of N.J.S.18A:65-25 or any other section of law to the contrary, the campus advisory board of Rutgers University-Newark shall:

a. advise the president and the board of governors of Rutgers, The State University on the selection of the Rutgers University-Newark chancellor;

b. propose capital projects and bonding for Rutgers University-Newark to the board of governors of Rutgers University; and

c. propose an annual budget for Rutgers University-Newark to the board of governors of Rutgers University.

Nothing in this section shall be construed to alter, amend, modify, or diminish the authority of the board of governors of Rutgers, The State University to grant tenure and promotions to faculty at Rutgers University-Newark, establish standards for academic programs and for the awarding of degrees for Rutgers University-Newark, and make final decisions on capital projects, bonding, and the annual budget for Rutgers University-Newark.

##### **§ 18A:65-14.3** Appropriations to Rutgers University-Newark. {#sec-18a-65-14.3 omnilex-key=us-nj-statutes--title-18a--18A:65-14.3}

22. State support for the continuing operations of programs operated by Rutgers University-Newark prior to the effective date of P.L.2012, c.45 (C.18A:64M-1 et al.), including support for fringe benefit costs, shall be appropriated by the Legislature directly to Rutgers University-Newark.

##### **§ 18A:65-14.4** Rights of employees of Rutgers University-Newark unaffected. {#sec-18a-65-14.4 omnilex-key=us-nj-statutes--title-18a--18A:65-14.4}

23. a. The provisions of all collective negotiations agreements applicable to employees of Rutgers University-Newark in effect on the effective date of P.L.2012, c.45 (C.18A:64M-1 et al.) shall remain in full force and effect until such time as new or revised agreements or contracts may be established. All persons employed at Rutgers University-Newark shall continue to be represented by the majority representative that represented them on the effective date of P.L.2012, c.45 (C.18A:64M-1 et al.), shall continue to be represented in the Rutgers University-wide collective negotiations units they were in on the effective date of P.L.2012, c.45 (C.18A:64M-1 et al.) and shall continue to be covered by the collective negotiations agreements that were in effect on the effective date of P.L.2012, c.45 (C.18A:64M-1 et al.). Employees of Rutgers University-Newark shall continue to be employees of Rutgers, The State University and Rutgers, The State University shall continue to be the public employer of such employees as that term is defined by the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.).

b. Nothing in this act shall be construed to deprive any person employed at Rutgers University-Newark of any tenure or contract rights or to in any manner affect the tenure, contract, rank, or academic track of any employees holding a faculty position. Such tenure, contract, rank, and academic track shall continue to be through Rutgers, The State University and shall be held and granted pursuant to the authority of the board of governors of Rutgers, The State University for all current and future employees employed at Rutgers University-Newark.

c. Nothing in this act shall be construed to deprive any officers or employees employed at Rutgers University-Newark of their rights, privileges, obligations or status under any pension, retirement, health benefits system, civil service law or any other law of the State.

##### **§ 18A:65-14.5** Annual certified public reporting process of Rutgers; auditing mechanisms. {#sec-18a-65-14.5 omnilex-key=us-nj-statutes--title-18a--18A:65-14.5}

25. a. The board of governors of Rutgers, The State University shall establish an annual certified public reporting process of the finances of Rutgers, The State University in order to measure the flow of resources across the campuses of the university.

b. The State Auditor shall develop auditing mechanisms to measure the allocation and transfer of resources across campuses including methods to account for inter-campus joint ventures, and shall annually report on the results of those mechanisms after receiving the report of Rutgers, The State University.

##### **§ 18A:65-14.6** Campus board of directors for Rutgers University-Camden. {#sec-18a-65-14.6 omnilex-key=us-nj-statutes--title-18a--18A:65-14.6}

26. a. As used in this section, "southern counties" means Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Ocean, and Salem Counties.

b. Effective July 1, 2013, a campus board of directors shall be appointed for Rutgers University-Camden. The campus board of directors shall be composed of 10 members as follows: the chancellor of Rutgers University-Camden who shall serve as an ex-officio, nonvoting member; three members appointed by the board of governors of Rutgers University; two members appointed by the board of trustees of Rutgers, The State University from among its non-public members; and four members, who are residents of the southern counties, appointed by the Governor with the advice and consent of the Senate.

The terms of office of a member appointed by the board of governors or the board of trustees of Rutgers University shall be coterminous with his term on that board. The members appointed by the Governor shall serve for terms of six years beginning on July 1 and ending on June 30; except that of the members first appointed by the Governor, one shall serve for a term of six years, one shall serve for a term of four years, one shall serve for a term of three years, and one shall serve for a term of two years. Each member shall serve until his successor is appointed and qualified, and vacancies shall be filled in the same manner as the original appointments for the remainder of the unexpired term. A director appointed by the Governor may succeed himself for not more than one additional term after having served one full six-year term.

A director shall be subject to removal, after a hearing by a majority of the campus board of directors, for malfeasance or conduct injurious to the interest of Rutgers University-Camden, subject to review and confirmation by the Governor in the case of his appointees or by the board of governors or the board of trustees, as applicable, in the case of that board's appointees.

c. The board shall meet and organize annually at a regular meeting held during the second week of September, by the election of a chair, vice-chair, and such other officers as the board shall determine. The officers shall serve until the following September meeting and until their successors are elected and qualified. Vacancies in the offices shall be filled in the same manner for the unexpired term only.

d. Members of the board shall serve without compensation but shall be entitled to be reimbursed for all reasonable and necessary expenses.

##### **§ 18A:65-14.7** Duties of campus board of directors. {#sec-18a-65-14.7 omnilex-key=us-nj-statutes--title-18a--18A:65-14.7}

27. Notwithstanding the provisions of N.J.S.18A:65-25 or any other section of law to the contrary, the campus board of directors shall have general supervision over and shall be vested with the conduct of Rutgers University-Camden. It shall have the following powers, subject to the approval of the Rowan University-Rutgers Camden Board of Governors which shall be subject to the limitations set forth in section 34 of P.L.2012, c.45 (C.18A:64M-38):

a. subject to the policies of Rutgers, The State University determine policies for the organization, administration, and development of Rutgers University-Camden;

b. study the educational and financial needs of Rutgers University-Camden; and annually acquaint the Governor and Legislature with the condition of Rutgers University-Camden;

c. disburse all moneys appropriated to Rutgers University-Camden by the Legislature, including appropriations for fringe benefit costs, and all moneys allocated to Rutgers University-Camden from tuition, fees, auxiliary services, and other sources;

d. direct and control expenditures and transfers of funds appropriated and allocated to Rutgers University-Camden, in accordance with the State budget and appropriation acts of the Legislature, and as to funds received and allocated from other sources, direct and control expenditures and transfers in accordance with the terms and conditions of any applicable trusts, gifts, bequests, or other special provisions. All accounts of Rutgers University-Camden shall be subject to audit by the State at any time;

e. subject to the signatory delegation, procurement, and other applicable policies of Rutgers, The State University, employ architects to plan buildings, secure bids for the construction of buildings and for the equipment thereof, make contracts for the construction of buildings and for equipment, and supervise the construction of buildings;

f. manage and maintain and provide for the payment of all charges on and expenses in respect of, all properties utilized by Rutgers University-Camden;

g. in accordance with the provisions of the State budget and appropriations acts of the Legislature, fix the compensation of the chancellor of Rutgers University-Camden in accordance with the compensation guidelines and policies of Rutgers, The State University. The chancellor, who shall be appointed by the president of Rutgers, The State University, shall be the chief academic and administrative officer of Rutgers University-Camden and an ex-officio member of the Rutgers University-Camden board of directors, without vote;

h. in accordance with the provisions of the State budget, have the power to elect, appoint, remove, promote, or transfer all corporate, official, educational, and civil administrative personnel, and fix and determine their salaries consistent with the terms of any applicable collective negotiations agreements entered into between Rutgers, The State University and a majority representative;

i. in accordance with the State budget, appoint, remove, promote, and transfer all other officers, agents, or employees, assign their duties, determine their salaries, and prescribe qualifications for all positions, and in accordance with policies of Rutgers, The State University and consistent with the terms of any applicable collective negotiations agreements entered into between Rutgers, The State University and a majority representative; and

j. subject to the signatory delegation, procurement, and other applicable policies of Rutgers, The State University, enter into contracts and agreements with the State or any of its political subdivisions or with the United States, or with any public body, department, or other agency of the State or the United States, or with any individual.

Nothing in this section shall be construed to alter, amend, modify or diminish the authority of the board of governors of Rutgers, The State University to grant tenure and promotions to faculty at Rutgers University-Camden, establish standards for academic programs and for the awarding of degrees for Rutgers University-Camden, and make final decisions on capital projects, bonding, and the annual budget of Rutgers University-Camden.

##### **§ 18A:65-14.8** Maintenance of Internet website for board of directors. {#sec-18a-65-14.8 omnilex-key=us-nj-statutes--title-18a--18A:65-14.8}

28. Rutgers University-Camden shall maintain an Internet website for the board of directors. The purpose of the website shall be to provide increased public access to board operations and activities. The following information shall be posted on the board's website:

a. the board's rules, regulations, resolutions, and official policy statements;

b. notice, posted at least five business days prior to a meeting of the board or any of its committees, setting forth the time, date, location, and agenda of the meeting;

c. the minutes of each meeting of the board and its committees; and

d. information on any contract entered into by the board that was not competitively bid and the statutory authority for the contracting process.

The website shall be updated on a regular basis.

##### **§ 18A:65-14.9** Appropriations directly to Rutgers University-Camden. {#sec-18a-65-14.9 omnilex-key=us-nj-statutes--title-18a--18A:65-14.9}

29. State support for the operation of Rutgers University-Camden, including support for fringe benefits costs, shall be appropriated by the Legislature directly to Rutgers University-Camden.

##### **§ 18A:65-14.10** Duties of board of governors. {#sec-18a-65-14.10 omnilex-key=us-nj-statutes--title-18a--18A:65-14.10}

30. The board of governors of Rutgers University shall establish:

a. standards for the establishment and evaluation of academic programs of Rutgers University-Camden;

b. standards for the award of degrees to students enrolled in the academic degree programs of Rutgers University-Camden; and

c. standards for the promotion and award of tenure to faculty employed at Rutgers University-Camden.

##### **§ 18A:65-14.11** Rights of employees of Rutgers University-Camden unaffected. {#sec-18a-65-14.11 omnilex-key=us-nj-statutes--title-18a--18A:65-14.11}

31. a. The provisions of all collective negotiations agreements applicable to employees of Rutgers University-Camden in effect on the effective date of P.L.2012, c.45 (C.18A:64M-1 et al.) shall remain in full force and effect until such time as new or revised agreements or contracts may be established. All persons employed at Rutgers University-Camden shall continue to be represented by the majority representative that represented them on the effective date of this act, shall continue to be represented in the Rutgers University-wide collective negotiations units they were in on the effective date of this act, and shall continue to be covered by the collective negotiations agreements that were in effect on the effective date of this act. Persons employed at Rutgers University-Camden shall continue to be employees of Rutgers, The State University and Rutgers, The State University shall continue to be the public employer of such employees as that term is defined by the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.).

b. Nothing in this act shall be construed to deprive any person employed at Rutgers University-Camden of any tenure or contract rights or to in any manner affect the tenure, contract, rank, or academic track of any employees holding a faculty position. Such tenure, contract, rank, and academic track shall continue to be through Rutgers, The State University and shall be held and granted pursuant to the authority of the board of governors of Rutgers, The State University for all current and future employees employed at Rutgers University-Camden.

c. Nothing in this act shall be construed to deprive any officers or employees employed at Rutgers University-Camden of their rights, privileges, obligations, or status under any pension, retirement, health benefits system, civil service law or any other law of this State.

##### **§ 18A:65-14.12** Transfer of monies, funding, personnel to Rutgers University-Camden. {#sec-18a-65-14.12 omnilex-key=us-nj-statutes--title-18a--18A:65-14.12}

32. All monies and funding including, but not limited to, grants, gifts, bequests, tuition, endowments, appropriations, capital improvement expenditures, debt service, research funds, State-funded personnel and budgeted positions, institutional support, centralized services, and grants-in-aid, previously allocated or otherwise provided to Rutgers University for the use of Rutgers University-Camden, regardless of source, which remain unexpended on the effective date of P.L.2012, c.45 (C.18A:64M-1 et al.), shall be transferred to Rutgers University-Camden.

##### **§ 18A:65-14.13** Campus advisory board. {#sec-18a-65-14.13 omnilex-key=us-nj-statutes--title-18a--18A:65-14.13}

146. Effective July 1, 2013, a campus advisory board shall be appointed for Rutgers University-New Brunswick. The campus advisory board shall work with the chancellor of Rutgers University-New Brunswick in implementing the teaching, research, and service mission of Rutgers University-New Brunswick, the engagement of the campus with its local community, its region, and the State, and its commitment to academic excellence, access, and diversity.

The campus advisory board shall be composed of 11 members as follows: the chancellor of Rutgers University-New Brunswick who shall serve ex-officio; the member of the board of governors of Rutgers, The State University who is appointed by the board of trustees and who is, pursuant to N.J.S.18A:65-14, required to be a resident of Middlesex County; two Rutgers University-New Brunswick faculty members one of whom is appointed by the faculty union and one of whom is elected by the Rutgers-New Brunswick Faculty Council; one member of the Rutgers University-New Brunswick administration appointed by the Rutgers University-New Brunswick chancellor; one Rutgers University-New Brunswick staff member selected from among the staff unions; two student representatives appointed by the Rutgers University-New Brunswick student governing association; and three members of the local community, two of whom shall be selected by the Office of Community Affairs from community organizations with one of these members being an alumnus of Rutgers University-New Brunswick, and one of whom shall be selected by the Mayor of the City of New Brunswick.

All members shall serve a term of two years, renewable by reappointment or re-election in the same manner as the initial selection. A president of the advisory board shall be selected for a one-year term by a vote of the members of the campus advisory board, and may be so elected for successive terms without limit.

A member shall be subject to removal, after a hearing by a majority of the campus advisory board, for malfeasance or conduct injurious to the interest of Rutgers University-New Brunswick.

The board shall meet and organize annually at a regular meeting held during the second week in September. The president shall serve until the following September and until his successor is appointed and qualified. Vacancies in the offices shall be filled in the same manner for the unexpired term only.

Members of the board shall serve without compensation but shall be reimbursed for all reasonable and necessary expenses.

The campus advisory board shall hold at least one public meeting each semester.

##### **§ 18A:65-14.14** Duties of campus advisory board. {#sec-18a-65-14.14 omnilex-key=us-nj-statutes--title-18a--18A:65-14.14}

147. Notwithstanding the provisions of N.J.S.18A:65-25 or any other section of law to the contrary, the campus advisory board of Rutgers University-New Brunswick shall:

a. advise the president and the board of governors of Rutgers, The State University on the selection of the Rutgers University-New Brunswick chancellor;

b. propose capital projects and bonding for Rutgers University-New Brunswick to the board of governors of Rutgers University; and

c. propose an annual budget for Rutgers University-New Brunswick to the board of governors of Rutgers University.

Nothing in this section shall be construed to alter, amend, modify, or diminish the authority of the board of governors of Rutgers, The State University to grant tenure and promotions to faculty at Rutgers University-New Brunswick, establish standards for academic programs and for the awarding of degrees for Rutgers University-New Brunswick, and make final decisions on capital projects, bonding, and the annual budget for Rutgers University-New Brunswick.

##### **§ 18A:65-14.15** Appointment of chancellor. {#sec-18a-65-14.15 omnilex-key=us-nj-statutes--title-18a--18A:65-14.15}

145. The president of Rutgers, The State University, in consultation with the New Brunswick campus advisory board, shall appoint a chancellor for Rutgers University-New Brunswick, who shall not be the president of the university. The president of Rutgers, The State University, in consultation with the Newark campus advisory board, shall appoint a chancellor for Rutgers University-Newark. The chancellor of Rutgers University-Newark shall have direct responsibility for the management of Rutgers University-Newark, and the chancellor of Rutgers University-New Brunswick shall have direct responsibility for the management of Rutgers University-New Brunswick. Each chancellor shall report directly to the president of the university.

##### **§ 18A:65-15** Board of trustees, members, classification, terms, etc. {#sec-18a-65-15 omnilex-key=us-nj-statutes--title-18a--18A:65-15}

I. The membership of the board of trustees shall be classified as follows and consist of:

a. the president of the corporation, serving as an ex officio non-voting member;

b. five public trustees, appointed and to be appointed by the Governor of the State, with the advice and consent of the Senate, serving under section 4 of chapter 49 of the Laws of 1945 for five-year terms expiring respectively, one, two, three, four, and five years after June 30, 1956, whose respective successors shall be appointed upon the expiration of such terms and annually thereafter to serve five-year terms;

c. not less than 12 nor more than 20 trustees who shall be alumni or alumnae of Rutgers, The State University, as may be determined from time to time by the board of trustees, elected by the board in accordance with such rules, regulations and schedules, and modifications thereof, as may be prepared and adopted from time to time by the board, the terms of such alumni trustees or alumnae trustees to be six years for full terms, with power in the board to provide for shorter or interim terms when deemed by it to be advisable.

d. Charter trustees:

i. in the number of trustees serving as such on August 31, 1956 without definite term, who shall continue to serve indefinitely; provided, that upon the occurrence of any vacancy among such charter trustees, no successor shall be elected to fill such vacancy until such time as the number of such trustees has been reduced below 25, and thereafter vacancies within that number shall be filled by the board subject to the following paragraph II; ii. two women elected by the board of trustees serving six-year terms expiring respectively on June 30, 1963 and 1965 and one woman elected by the board of trustees serving a five-year term expiring June 30, 1961, whose respective successors shall be elected by the board upon the expiration of such terms and thereafter to serve six-year terms.

II. All trustees elected or appointed for terms commencing on or after September 1, 1956, other than those serving pursuant to subsections I.a. and I.b. of this section, shall serve for terms of six years (subject to the provisions of subsection I.c. of this section and of subsection (a) of section 18A:65-16), and may succeed themselves for not more than one additional term after having served one full six-year term.

III. The ex officio members of the board of trustees as constituted on August 31, 1956, pursuant to the charter, statutes, or resolutions of the board from time to time adopted, ceased to be such members on August 31, 1956, with the exception of the president of the corporation who continued as ex officio trustee and ex officio governor, without voting power as hereinabove provided and the Commissioner of Education who so continued until July 1, 1967.

IV. A member of the board of trustees appointed to the board of governors pursuant to subsection b.ii. of N.J.S.18A:65-14 shall cease being a member of the board of trustees immediately upon taking the oath of office as a member of the board of governors.

##### **§ 18A:65-16** Governors and trustees, beginning and ending of terms; vacancies. {#sec-18a-65-16 omnilex-key=us-nj-statutes--title-18a--18A:65-16}

(a) The terms of all governors and trustees which are limited shall, unless otherwise expressly provided herein, commence on July 1 in the first year, and end on June 30 in the last year, of such term.

(b) In case a governor or a trustee is elected president and he thereby becomes a nonvoting governor or trustee ex officio, a vacancy in his prior office as governor or trustee shall thereby occur.

(c) In case a trustee is appointed a governor by the Governor of the State, a vacancy in his prior office as trustee shall thereby occur.

(d) Any vacancy occurring during the term of any governor or trustee (other than by the expiration of his term) shall be filled for the unexpired term only, in the same manner and subject to the same provisions, as in the case of his appointment or election; subject, however, to the provisions of subsection I.d. of section 18A:65-15.

##### **§ 18A:65-17** Restriction on receiving certain remuneration by members of boards {#sec-18a-65-17 omnilex-key=us-nj-statutes--title-18a--18A:65-17}

No person, other than the president, shall be eligible to membership on the board of governors, if he is a salaried official of the State of New Jersey, or shall be eligible to membership on either the board of governors or the board of trustees, if he is receiving remuneration for services from the corporation or the university. If any member of either board shall become ineligible by reason of the foregoing, a vacancy in his prior office as governor or trustee, as the case may be, shall thereby occur.

##### **§ 18A:65-18** Oaths {#sec-18a-65-18 omnilex-key=us-nj-statutes--title-18a--18A:65-18}

Each governor and each trustee taking office, before entering on the duties of his office, shall take and subscribe an oath or affirmation to support the constitution of the state of New Jersey and of the United States, to bear allegiance to the government of the state, and to perform the duties of his office faithfully, impartially and justly, to the best of his ability.

##### **§ 18A:65-19** Procedure for removal of governor or trustee {#sec-18a-65-19 omnilex-key=us-nj-statutes--title-18a--18A:65-19}

(a) Any governor shall be subject to removal after hearing, by a majority of the board of governors, for malfeasance or conduct injurious to the interests of the corporation or the university, subject to review and confirmation (i) by the governor of the state in the case of his appointees, and (ii) by the board of trustees in the case of its appointees.

(b) Any trustee other than one serving under the provisions of subsection I.a. of 18A:65-15 shall be subject to removal after hearing for malfeasance or conduct injurious to the interests of the corporation or the university (i) by the governor of the state in the case of a trustee appointed by him or (ii) in the case of a trustee elected by the board of trustees, by a majority of the then membership of the board of trustees.

##### **§ 18A:65-20** No compensation; expenses paid {#sec-18a-65-20 omnilex-key=us-nj-statutes--title-18a--18A:65-20}

The governors and trustees shall not receive compensation for their services as such. Each governor and trustee shall be reimbursed for his actual expenses reasonably incurred in the performance of his duties or in rendering service as a member of or on behalf of either board or any committee of either board.

##### **§ 18A:65-21** No personal liability {#sec-18a-65-21 omnilex-key=us-nj-statutes--title-18a--18A:65-21}

No governor, trustee or officer of the corporation shall be personally liable for any debt, obligation or other liability of the corporation or of, or incurred by or on behalf of, the university or any constituent unit thereof.

##### **§ 18A:65-22** Quorums. {#sec-18a-65-22 omnilex-key=us-nj-statutes--title-18a--18A:65-22}

a. Eight members of the board of governors shall constitute a quorum.

b. Such number, not less than 12, of the board of trustees as shall be determined by the board, and until so determined, 12 members, shall constitute a quorum.

c. A quorum of a joint meeting of the boards shall be present if eight governors and not less than a majority of the trustees then in office (other than those who are governors), are present.

##### **§ 18A:65-23** Chairman of each board to be elected {#sec-18a-65-23 omnilex-key=us-nj-statutes--title-18a--18A:65-23}

The board of governors and the board of trustees shall each elect its own chairman from among its respective members.

##### **§ 18A:65-24** Government, control, administration, etc., of corporation and the university {#sec-18a-65-24 omnilex-key=us-nj-statutes--title-18a--18A:65-24}

The government, control, conduct, management and administration of the corporation and of the university shall be respectively vested in and allocated between the board of governors and the board of trustees as set forth and expressed in this chapter.

##### **§ 18A:65-25** Authority and responsibility of board of governors {#sec-18a-65-25 omnilex-key=us-nj-statutes--title-18a--18A:65-25}

The board of governors shall have general supervision over and be vested with the conduct of the university. It shall have the authority and responsibility to:

a. Determine policies for the organization, administration and development of the university;

b. Study the educational and financial needs of the university, annually acquaint the Governor and Legislature with the condition of the university, and prepare and present the annual budget to the Governor, the Division of Budget and Accounting in the Department of the Treasury and the Legislature, in accordance with law;

c. Disburse all moneys appropriated to the university by the Legislature, moneys received from tuition, fees, auxiliary services and other sources, and from or by direction of the board of trustees;

d. Direct and control expenditure and transfer of funds appropriated to the corporation and the university by the State in accordance with the provisions of the State budget and appropriation acts of the Legislature; and, as to funds received from the trustees and other sources, direct and control expenditures and transfers in accordance with the terms of any applicable trusts, gifts, bequests, or other special provisions, reporting changes and additions thereto and transfers thereof to the Director of the Division of Budget and Accounting in the State Department of the Treasury. All accounts of the university shall be subject to audit by the State at any time;

e. Borrow money for the needs of the corporation and the university, as deemed requisite by the board, in such amounts and for such time and upon such terms as may be determined by the board, with the consent and advice of the board of trustees; provided, that no such borrowing shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit, or be payable out of property or funds (other than moneys appropriated for that purpose) of the State;

f. 1. Purchase all lands, buildings, equipment, materials and supplies; and

2. Employ architects to plan buildings; secure bids for the construction of buildings and for the equipment thereof; make contracts for the construction of buildings and for equipment; and supervise the construction of buildings;

g. Manage and maintain, and provide for the payment of all charges on and expenses in respect of, all properties utilized by the university;

h. In accordance with the provisions of the budget, have the sole power (subject to the provisions of section 18A:65-31) to elect, appoint, remove, promote or transfer all corporate, official, educational and civil administrative personnel, and fix and determine their salaries in accordance with salary schedules adopted by the board of governors. Such salary schedules shall prescribe qualifications for the various classifications and shall limit the percentage of the educational staff that may be appointed or promoted to any given classification;

i. In accordance with the provisions of the budget, appoint, remove, promote and transfer all other officers, agents, or employees, assign their duties, determine their salaries, and prescribe qualifications for all positions, and in accordance with the salary schedules of the State Civil Service Commission wherever possible; and

j. Authorize any new educational department or school consistent with the institution's programmatic mission or approved by the Commission on Higher Education.

##### **§ 18A:65-26** Board of trustees; control of properties, funds, trusts, investments, etc.; committee memberships {#sec-18a-65-26 omnilex-key=us-nj-statutes--title-18a--18A:65-26}

The board of trustees:

(1) Shall act in an overall advisory capacity;

(2) Shall (a) control (i) properties, funds and trusts vested, as of August 31, 1956, in the corporation in possession or remainder or expectancy (other than and expressly excluding properties and funds owned by or title to which is in the state of New Jersey or which are held upon an express trust for the use of the state, or which have been acquired by the use of moneys appropriated by the state or by the federal government to the use of the corporation or the land grant college of New Jersey, including but not limited to real estate, buildings, improvements, fixtures, and appurtenances thereto, and tangible personal property); and (ii) properties, funds and trusts received by the corporation on or after September 1, 1956, by private gift, donation, bequest or transfer, in any manner, under the terms of any applicable trust, gift, bequest or donation dated or delivered (aa) prior to September 1, 1956, unless otherwise designated, or (bb) on or after September 1, 1956, if so designated; provided, however, that all property, educational facilities, rights and privileges which are impressed with a public trust for higher education of the people of the state of New Jersey shall continue to be so impressed; and (b) make available (after meeting all expenses of its administration) to the board of governors the income from such funds and the use of or income from such properties, subject to the provisions stated hereinafter in section 18A:65-27;

(3) Shall have sole authority over the investment of funds under its control;

(4) Shall have power to maintain such administrative staff and incur and pay such expenses as it deems reasonably necessary to the effective exercise of its functions and responsibilities under this chapter or by reason of any other fiduciary responsibilities to which it is subject; and

(5) Shall be represented on the membership of the committees of the several colleges.

##### **§ 18A:65-27** Public policy of State {#sec-18a-65-27 omnilex-key=us-nj-statutes--title-18a--18A:65-27}

I. It is hereby declared to be the public policy of the State of New Jersey that:

a. the corporation and the university shall be and continue to be given a high degree of self-government and that the government and conduct of the corporation and the university shall be free of partisanship; and

b. resources be and continue to be provided and funds be and continue to be appropriated by the State adequate for the conduct of a State university with high educational standards and to meet the cost of increasing enrollment and the need for proper facilities.

II. In consideration of the utilization by the State for the purposes of public higher education of privately donated properties and funds valued as at September 1, 1956 at approximately $50,000,000, and the prospect of future private donations, the State by this chapter agrees with the board of trustees and its successors that:

a. if the properties and funds controlled by the trustees shall not be properly applied in accordance with the provisions of subsection d. of section 18A:65-25 for the purpose of higher education and in accordance with the terms of any applicable testamentary, trust, or other special provision; or

b. if, without the consent of the board of trustees,

(1) the university is not continued to be designated and maintained as the State University of New Jersey, or

(2) the name of the university shall be changed, or

(3) a vacancy in the office of the president of the university shall be filled otherwise than by appointment of the board of governors with the advice and consent of the board of trustees, or

(4) the provisions for the essential self-government of the university, viz., the provisions of sections 18A:65-12 to 18A:65-16, inclusive, 18A:65-19, 18A:65-24 to 18A:65-26, inclusive, 18A:65-28, subsection b. of 18A:65-29, 18A:65-30, subsection c. of 18A:65-31, 18A:65-33, 18A:65-6, 18A:65-9 and 18A:65-4, or any of them or of this section 18A:65-27, are amended or altered in any substantial respect or repealed; or

c. if provision shall not be made by the State sufficient to enable the board of trustees to discharge its trust to apply the trust assets described in subsection 2 of section 18A:65-26 for public higher education through the conduct of a university with high educational standards, the board of trustees, after careful consideration and on not less than 60 days' prior written notice to the board of governors and to the Governor, shall have and may exercise the right to withhold or withdraw the use of the properties and funds above described in subsection 2 of section 18A:65-26, or any part of them, (aa) subject to adjudication by the courts of the State, and (bb) subject to their proper application for the purposes of public higher education and in accordance with the terms of any applicable testamentary, trust or other special provision.

##### **§ 18A:65-28** Boards' powers, rights, etc., incident to their responsibilities {#sec-18a-65-28 omnilex-key=us-nj-statutes--title-18a--18A:65-28}

The boards shall have and exercise the powers, rights and privileges that are incident to their respective responsibilities for the government, conduct and management of the corporation, and the control of its properties and funds, and of the university, and the powers granted to the corporation or the boards or reasonably implied, may be exercised without recourse or reference to any department or agency of the state, except as otherwise expressly provided by this chapter or other applicable statutes. The provisions of sections 11 and 13 of chapter 20 of the Laws of 1944 shall not be deemed or construed to be applicable to the corporation or the university.

##### **§ 18A:65-29** Joint sessions of boards {#sec-18a-65-29 omnilex-key=us-nj-statutes--title-18a--18A:65-29}

a. The boards may meet in joint session for the purpose of consultation and discussion, or to act upon any matter which requires joint or concurrent action of both boards.

b. The boards by joint or concurrent action may adopt, and from time to time amend, bylaws, ordinances, statutes, rules, regulations and orders applicable to such matters as require or are subject to the exercise of joint responsibility or action, and each board may adopt, and from time to time amend, bylaws, ordinances, statutes, rules, regulations and orders applicable to such matters as require or are subject to the exercise of its responsibility or its action, subject, in either case, to the provisions of this chapter and other applicable statutes.

##### **§ 18A:65-30** Powers of each board. {#sec-18a-65-30 omnilex-key=us-nj-statutes--title-18a--18A:65-30}

Each board shall have the power to appoint and regulate the duties, functions, powers and procedures of committees, standing or special, from its members and such advisory committees or bodies, as it may deem necessary or conducive to the efficient management and operation of the corporation and the university, consistent with this chapter and other applicable statutes. The board of governors may appoint trustees to membership on its committees, without vote.

##### **§ 18A:65-31** President of corporation; powers; term; filling vacancy {#sec-18a-65-31 omnilex-key=us-nj-statutes--title-18a--18A:65-31}

a. There shall be a president of the corporation and of the university.

b. He shall be responsible to the boards, and shall have such powers as shall be requisite, for the executive management and conduct of the corporation and the university in all departments, branches and divisions, and for the execution and enforcement of the bylaws, ordinances, rules, regulations, statutes and orders governing the management, conduct and administration thereof. He shall hold office at the pleasure of the board of governors.

c. In case of a vacancy in the office, the president shall be elected by the board of governors, with the advice and consent of the board of trustees.

##### **§ 18A:65-32** Annual report; contents; filing {#sec-18a-65-32 omnilex-key=us-nj-statutes--title-18a--18A:65-32}

The corporation shall, annually on or before July 31, file in the office of the secretary of state a report (a) of the election and appointment of the, and the names and residences of the, members of the board of governors and of the board of trustees, and (b) of the election and appointment of the executive officers of the corporation, including the president, provost, vice president if any, secretary, assistant secretaries, treasurer and assistant treasurers, and the comptroller and assistant comptroller, at the time in office.

##### **§ 18A:65-33** Gifts, grants, legacies, endowments, etc.; to vest in and inure to the benefit of the corporation {#sec-18a-65-33 omnilex-key=us-nj-statutes--title-18a--18A:65-33}

Every gift, grant, legacy, bequest, devise, endowment, estate, remainder, or expectancy, contained in any will, deed, declaration of trust, transfer, or other instrument, to or for or inuring to the benefit of the corporation or the university, or any constituent unit thereof, whenever established or acquired, and every chose in action, to which the corporation is or shall be entitled, in whatever name and under whatever title, made heretofore or hereafter to become effective or to be made, shall continue to be vested or shall vest in and shall inure to the benefit of the corporation as completely and effectually as though expressly made to it in its name and for its use and benefit; and none of the same shall lapse, terminate or revert by reason of the enactment of this chapter; subject, however, to the provisions of this chapter and other applicable laws, and to all of the rights, obligations, relations, conditions, terms, trusts, duties and liabilities to which the same are subject; and it may effectually execute and give receipts and discharges therefor and other instruments in its name or in the name in which the same may have been made or given for its use and to its benefit.

##### **§ 18A:65-33.1** Care, custody and control of State property {#sec-18a-65-33.1 omnilex-key=us-nj-statutes--title-18a--18A:65-33.1}

The corporation shall have the care, custody and control of such property as the State now has or shall hereafter acquire at the university, subject to the visitorial powers of the Chairman of the Commission on Higher Education at the request of the Governor.

##### **§ 18A:65-33.2** Findings, declarations {#sec-18a-65-33.2 omnilex-key=us-nj-statutes--title-18a--18A:65-33.2}

The Legislature finds and declares that the land owned or operated by Rutgers, The State University, in central New Jersey represents one of the few significant parcels of undeveloped land in a region experiencing extraordinary development pressures; that Rutgers as the State university bears a special responsibility to the people and the interests of New Jersey; and that it is imperative that public policy decisions that will shape the face of New Jersey for centuries be made with a commitment to the overall interests of the State and its people.

##### **§ 18A:65-33.3** Notice of intent {#sec-18a-65-33.3 omnilex-key=us-nj-statutes--title-18a--18A:65-33.3}

Whenever the Board of Governors of Rutgers, The State University intends to sell, exchange, lease or dispose of, or otherwise convey any interest, legal or equitable, in undeveloped real property held by the university or held by the State and in the custody of the university, the board shall, not less than six months prior to the intended conveyance, provide written notice of intent to the Governor, the Senate Revenue, Finance and Appropriations Committee, or its successor, and the General Assembly Appropriations Committee, or its successor.

##### **§ 18A:65-33.4** Public hearing {#sec-18a-65-33.4 omnilex-key=us-nj-statutes--title-18a--18A:65-33.4}

Within 60 days after providing notification pursuant to section 2 of this act, of the intent to sell, lease or otherwise convey land, the Board of Governors shall conduct a public hearing for the purpose of permitting the public to comment on the proposed conveyance.

##### **§ 18A:65-33.5** Subject to local requirements {#sec-18a-65-33.5 omnilex-key=us-nj-statutes--title-18a--18A:65-33.5}

Notwithstanding any other law to the contrary and except with regard to facilities which are directly related to the provision of educational services, any development of real property held by the Board of Governors of Rutgers, The State University or held by the State and in the custody of the university, shall be subject to local land use planning and zoning requirements.

##### **§ 18A:65-34** Visitorial powers of supervision and control {#sec-18a-65-34 omnilex-key=us-nj-statutes--title-18a--18A:65-34}

The visitorial general powers of supervision and control of the Chairman of the Commission on Higher Education at the request of the Governor over Rutgers, The State University, are continued and are defined as the powers to visit the university to examine into its manner of conducting its affairs and to enforce an observance of its laws and regulations and the laws of the State.

##### **§ 18A:65-35** Board of governors, Commission on Higher Education, Presidents' Council; recommendations to the Governor and the Legislature {#sec-18a-65-35 omnilex-key=us-nj-statutes--title-18a--18A:65-35}

The board of governors shall advise, in consultation with the Commission on Higher Education and the Presidents' Council, to the end that the facilities and services of the university may be so utilized as to increase the efficiency of the public school system and provide higher education for the people of the State, and the board of governors shall make recommendations to the Governor and the Legislature, respecting the needs for the facilities and services, of the university, as an instrumentality of the State for said purposes.

##### **§ 18A:65-36** State college for benefit of agriculture and the mechanic arts continued {#sec-18a-65-36 omnilex-key=us-nj-statutes--title-18a--18A:65-36}

The state college for the benefit of agriculture and the mechanic arts maintained by the university is continued as part of the university.

##### **§ 18A:65-37** Payments, in lieu of interest, on proceeds of public land scrip {#sec-18a-65-37 omnilex-key=us-nj-statutes--title-18a--18A:65-37}

The sum which is paid by the state annually in semiannual payments pursuant to the certificates of indebtedness which were issued under section 2 of the act entitled "A supplement to the act entitled "An act appropriating scrip for the public lands granted to the state of New Jersey by the act of congress, approved July 2, 1862,' approved April 4, 1864," approved June 13, 1895 (L.1895, c. 417, s. 2, p. 805), together with the amendment thereto approved March 30, 1896 (L.1896, c. 135, p. 192), upon the payment or transfer to the state sinking fund of the fund of $116,000.00 which arose from the sale of the scrip for public lands granted to the state by the act of congress approved July 2, 1862, shall be paid to the corporation for the special purposes and upon the special conditions set forth in sections 18A:65-38, 18A:65-39 and 18A:65-40 incl.

##### **§ 18A:65-38** Moneys devoted to courses in agriculture and mechanic arts {#sec-18a-65-38 omnilex-key=us-nj-statutes--title-18a--18A:65-38}

The corporation shall devote the moneys paid to it under the provisions of section 18A:65-37 wholly and exclusively to the maintenance of such courses of instruction as shall carry out the intent of the act of congress mentioned in said section, in the manner specially prescribed by section 4 of said act of congress.

##### **§ 18A:65-39** Free scholarships; number; qualifications and terms {#sec-18a-65-39 omnilex-key=us-nj-statutes--title-18a--18A:65-39}

The university shall, in each year, furnish gratuitous education in the courses of instruction described in section 18A:65-38, in such manner as may be prescribed by the legislature, or otherwise, to such number of students of the university as would expend for their instruction in the university a sum equal to one half of the payment, under section 18A:65-37, for said year, if they were required to pay therefor at the regular rates charged therefor to other students.

The students so nominated and received shall be citizens of this state, and shall be admitted into the university upon the same terms, and subject to the same rules and discipline, as apply to all other students of the university, save that they shall not be required to pay for their instruction.

##### **§ 18A:65-40** Annual reports of board of governors {#sec-18a-65-40 omnilex-key=us-nj-statutes--title-18a--18A:65-40}

The board of governors shall annually make and distribute the reports required by paragraph 4 of section 5 of the act of congress cited in section 18A:65-37.

##### **§ 18A:65-41** Payment for agricultural college; application; courses of instruction {#sec-18a-65-41 omnilex-key=us-nj-statutes--title-18a--18A:65-41}

The moneys received and to be received by this state under the act of congress approved August 30, 1890, shall immediately and as soon as received be paid over by the state treasurer, upon the warrant of the director of the division of budget and accounting in the department of the treasury and the order of the corporation, to the treasurer of the corporation, for the more complete endowment and maintenance of the agricultural college or agricultural department of the college, established in accordance with the act of congress approved July 2, 1862, for the benefit of agriculture and the mechanic arts, to be applied only to instruction in agriculture, the mechanic arts, the English language and the various branches of mathematical, physical, natural and economic science, with special reference to their applications in the industries of life and to the facilities of such instruction, in accordance with the acts of congress relating thereto.

##### **§ 18A:65-42** Maintenance of courses {#sec-18a-65-42 omnilex-key=us-nj-statutes--title-18a--18A:65-42}

The corporation shall maintain therein a college or department which shall provide nondegree courses in agriculture, equipped and designed for the practical education of students, in both general and specific lines of farming.

##### **§ 18A:65-43** Subjects of instruction {#sec-18a-65-43 omnilex-key=us-nj-statutes--title-18a--18A:65-43}

The college or department shall offer special instruction in agricultural fields including forestry, horticulture, nutrition and biochemistry, food science, wildlife conservation--conservation biology, environmental science (including air and water pollution), meteorology and climatology, plant and animal pathology, plant and animal physiology, entomology, nematology, soils and crops, agricultural marketing and economics, dairy, poultry, and animal husbandry, turf management, weed control, agricultural crop breeding and genetics, soil microbiology, and agricultural engineering.

##### **§ 18A:65-44** Buildings, apparatus and machinery {#sec-18a-65-44 omnilex-key=us-nj-statutes--title-18a--18A:65-44}

The college or department shall be provided with suitable buildings for stock judging, butter making, milk testing, and lecture rooms. The buildings shall be equipped with the necessary apparatus and machinery for carrying out the specific instruction provided for in section 18A:65-43.

##### **§ 18A:65-45** Instructors {#sec-18a-65-45 omnilex-key=us-nj-statutes--title-18a--18A:65-45}

The corporation shall employ competent instructors of the necessary educational and scientific acquirements, to conduct the college or department. They shall teach the theoretical and practical part of the subjects provided for in section 18A:65-43.

##### **§ 18A:65-46** Board of managers of agricultural experiment station; number; appointment; terms; vacancies {#sec-18a-65-46 omnilex-key=us-nj-statutes--title-18a--18A:65-46}

The board of managers of the New Jersey agricultural experiment station shall consist of the president of the university, the director of the New Jersey agricultural experiment station and the secretary of agriculture ex officio and of one member appointed from the residents in each county in the state, who shall be appointed by the board of governors for terms of three years, beginning on July 1 and ending on June 30, in such manner that so far as practicable the various agricultural and other institutions served by the station shall be represented thereby and vacancies in the appointed membership shall be filled in the same manner but for the unexpired terms only.

##### **§ 18A:65-47** Appointed members in office, retained {#sec-18a-65-47 omnilex-key=us-nj-statutes--title-18a--18A:65-47}

The appointed members of the board of managers in office upon the effective date of this chapter shall continue in office until the expiration of the respective terms for which they were appointed.

##### **§ 18A:65-48** Members, no compensation except for expenses {#sec-18a-65-48 omnilex-key=us-nj-statutes--title-18a--18A:65-48}

The members of the board of managers shall receive no compensation for their services but shall be reimbursed for actual expenditures incurred in the performance of their duties.

##### **§ 18A:65-49** Board of managers, functions, powers and duties {#sec-18a-65-49 omnilex-key=us-nj-statutes--title-18a--18A:65-49}

The board of managers shall act as agent of the board of governors in managing and directing the New Jersey agricultural experiment station.

##### **§ 18A:65-50** Appropriations {#sec-18a-65-50 omnilex-key=us-nj-statutes--title-18a--18A:65-50}

Appropriations for the maintenance of the New Jersey agricultural experiment station and for the utilization of its services shall be separately made by line items.

##### **§ 18A:65-51** Designation of the corporation to receive federal appropriations {#sec-18a-65-51 omnilex-key=us-nj-statutes--title-18a--18A:65-51}

The assent of the state to the grants of moneys for the purposes, upon the terms and in accordance with the several conditions and provisions of the acts of congress hereinafter enumerated having been heretofore signified and expressed, and certified copies of the acts giving such assent having been transmitted to the secretary of the treasury of the United States, the corporation, being the state agricultural college of New Jersey, at which the state agricultural experiment station is established and located, is designated the college to receive the benefit of the said acts of congress, and the corporation is designated as the public educational corporation to which all moneys appropriated by congress under such acts, or supplements thereto, shall be paid for the purposes mentioned therein:

a. The act approved March 2, 1887;

b. The act approved March 16, 1906;

c. The act approved February 24, 1925.

##### **§ 18A:65-52** Authority of corporation to receive federal appropriations and conduct the work {#sec-18a-65-52 omnilex-key=us-nj-statutes--title-18a--18A:65-52}

The assent of the legislature having been heretofore given to the provisions and requirements of the act of congress of May 8, 1914, and May 22, 1928, the corporation is authorized and empowered to receive the grants of money appropriated under said acts and to organize and conduct extension work in agriculture and home economics in connection with the state agricultural college, in accordance with the terms and conditions expressed in said acts of congress.

##### **§ 18A:65-53** Supplemental appropriations by counties or municipalities {#sec-18a-65-53 omnilex-key=us-nj-statutes--title-18a--18A:65-53}

In all cases where agricultural extension, home demonstration or boys' and girls' club work receives, or shall receive, funds or aid from the federal government or the state government, the board of chosen freeholders of any county or the governing body of any municipality may appropriate such sums of money as shall seem to it just and proper, to be expended in the county or municipality making such appropriation under the direction of the corporation in the New Jersey agricultural experiment station, for the purpose of promoting or carrying out such agricultural extension, home demonstration or boys' and girls' club work.

Appropriations made by any county or municipality shall be used only in such county or municipality in addition to the funds appropriated by the federal government or the state government in furtherance of the projects contemplated by this section.

##### **§ 18A:65-54** School of ceramics continued {#sec-18a-65-54 omnilex-key=us-nj-statutes--title-18a--18A:65-54}

The corporation shall maintain a department in the university known as the school of ceramics which shall offer undergraduate and graduate instruction in accordance with recognized standards of engineering education in the fields of ceramics and ceramic engineering. It may also offer campus or extension courses, lectures, conferences, or other formal or informal educational activities for the benefit of the ceramic industry and of persons engaged in it or related fields.

##### **§ 18A:65-55** Ceramic research station {#sec-18a-65-55 omnilex-key=us-nj-statutes--title-18a--18A:65-55}

The corporation shall in the school of ceramics establish programs of research in the field of ceramics to aid in carrying on its programs of instruction and to assist the ceramic industry of the state in the solution of technical problems and in the development of new ceramic products and processes. The research activities of the school may be conducted, as heretofore, under the title of the "New Jersey ceramic research station."

##### **§ 18A:65-55.1** Legislative findings {#sec-18a-65-55.1 omnilex-key=us-nj-statutes--title-18a--18A:65-55.1}

The Legislature finds there is need in New Jersey for academic contributions to the administration of criminal justice through teaching, research and leadership, including the training of administrators and those requiring scientific background in this field, by study and searching inquiries into crime causation, juvenile delinquency, law enforcement procedure, criminal rehabilitation, and judicial doctrine relating to the trial of criminal cases, which dictate establishment of a school of criminal justice.

##### **§ 18A:65-55.2** Establishment and maintenance {#sec-18a-65-55.2 omnilex-key=us-nj-statutes--title-18a--18A:65-55.2}

The President and the Board of Governors of Rutgers, The State University, are authorized and directed to establish and maintain within the University a School of Criminal Justice.

##### **§ 18A:65-56** Graduate school of social work continued {#sec-18a-65-56 omnilex-key=us-nj-statutes--title-18a--18A:65-56}

The corporation shall maintain in the university a graduate school of social work to be known as the graduate school of social work.

##### **§ 18A:65-57** Courses of instruction {#sec-18a-65-57 omnilex-key=us-nj-statutes--title-18a--18A:65-57}

The school of social work shall offer courses of instruction in accordance with professional standards in the field of social work for persons preparing to enter this profession. It shall also provide part-time instruction for the benefit of persons already employed as social workers. Its instruction shall be conducted with particular reference to the training of personnel for the public and private social agencies located within the state of New Jersey and serving the people of this state.

##### **§ 18A:65-58** Advisory committee for school of social work {#sec-18a-65-58 omnilex-key=us-nj-statutes--title-18a--18A:65-58}

In order that the school of social work may be responsive to the needs of the New Jersey social agencies, the corporation may appoint an advisory committee for the school of social work which shall be broadly representative of the profession of social work in New Jersey. The advisory committee shall advise the university with respect to any matters affecting the welfare of the school of social work and the conduct of its program. The commissioner of institutions and agencies of the state of New Jersey shall be a member of the advisory committee ex officio.

##### **§ 18A:65-59** Programs of research {#sec-18a-65-59 omnilex-key=us-nj-statutes--title-18a--18A:65-59}

The school of social work shall establish programs of research in the field of social work to aid in carrying on its program of instruction and to improve the standards of social service in New Jersey.

##### **§ 18A:65-60** Reciprocal use of university and state colleges buildings {#sec-18a-65-60 omnilex-key=us-nj-statutes--title-18a--18A:65-60}

The board of trustees of any state college may permit the use, in whole or in part, of any of the buildings or other facilities of the state college, by the university and the corporation may permit the use, by the state college of any part of the buildings or other facilities of the university, in whole or in part, in order to integrate the state colleges and the university in such manner that the training of teachers for the public schools and other branches of higher education conducted in the university shall be conducted cooperatively by the state colleges and the university, to the end that higher educational services may be made more widely available to the people of the state.

##### **§ 18A:65-61** Care, custody and control of buildings jointly used {#sec-18a-65-61 omnilex-key=us-nj-statutes--title-18a--18A:65-61}

The care, custody and control of any building used jointly by any State college and the corporation shall be vested in the board of trustees of the State college or in the corporation, as the case may be. The care, custody and control of any building of a State college wholly utilized by the corporation shall be exercised by the corporation subject to the visitorial power granted herein and the care, custody and control of any building of the corporation wholly utilized for any State college shall be exercised by the board of trustees of the State college.

##### **§ 18A:65-62** Laws affecting students {#sec-18a-65-62 omnilex-key=us-nj-statutes--title-18a--18A:65-62}

Students enrolled in courses conducted by the university in the divisions thereof established in the state colleges pursuant to this article shall not be subject to the provisions of law affecting students enrolled in courses for the training of teachers for the public schools conducted by such colleges.

##### **§ 18A:65-63** Institute of management and labor relations continued {#sec-18a-65-63 omnilex-key=us-nj-statutes--title-18a--18A:65-63}

The corporation shall maintain in the university an institute of management and labor relations.

##### **§ 18A:65-64** Purpose {#sec-18a-65-64 omnilex-key=us-nj-statutes--title-18a--18A:65-64}

The purpose of this article is to promote harmony and cooperation between management and labor, and greater understanding of industrial and labor relations, thereby to enhance the unity and welfare of the people of the state.

##### **§ 18A:65-65** Advisory council {#sec-18a-65-65 omnilex-key=us-nj-statutes--title-18a--18A:65-65}

The corporation shall appoint an advisory council for the institute of management and labor relations consisting of representatives of labor, management and the public, in equal numbers. The advisory council shall advise the corporation as to the manner of carrying out the purposes of this article. Members of the advisory council shall serve without compensation, but shall be reimbursed for their actual and necessary expenses.

##### **§ 18A:65-66** Programs of research {#sec-18a-65-66 omnilex-key=us-nj-statutes--title-18a--18A:65-66}

The corporation shall establish in the institute programs of research in the field of management and labor relations in order to develop new material and techniques to aid in carrying on the educational activities required by this article, and otherwise to carry out its purposes.

##### **§ 18A:65-67** Programs of instruction {#sec-18a-65-67 omnilex-key=us-nj-statutes--title-18a--18A:65-67}

(a) The corporation shall establish in the institute programs of instruction at convenient centers throughout the state designed to achieve the purposes set forth in section 18A:65-64, and to bring about among management, labor and the public better understanding of their mutual problems and obligations.

(b) These programs of instruction may consist of instruction given in classes, or by means of lectures, conferences, institutes, demonstrations, forums or other informal educational services found to be particularly effective in teaching adults.

(c) Tuition for all instruction in the institute of management and labor relations in programs or courses not offered for academic credit to students who are candidates for degrees in the university shall be free to residents of New Jersey, but the corporation may establish a registration fee or other incidental fees in connection with the operation of such educational activities; provided, however, that the corporation may charge its usual tuition fees for courses offered by the institute of management and labor relations for academic credit to students who are candidates for degrees in the university.

##### **§ 18A:65-72.1** Chronic drunkenness offender problems; conduct of study {#sec-18a-65-72.1 omnilex-key=us-nj-statutes--title-18a--18A:65-72.1}

The Attorney General is authorized and directed to enter into a contract with Rutgers, The State University for the conduct by the Rutgers Center of Alcohol Studies of a study and pilot facility involving the development of a program or programs to meet the problems of the chronic drunkenness offender.

##### **§ 18A:65-72.2** Assistance of federal funds and private grants {#sec-18a-65-72.2 omnilex-key=us-nj-statutes--title-18a--18A:65-72.2}

The Attorney General subject to the approval of the Director of the Division of Budget and Accounting in the Department of the Treasury is authorized to apply for Federal funds and to accept private grants in assistance of the purposes of this act.

##### **§ 18A:65-73** Membership in public employees' retirement system of New Jersey {#sec-18a-65-73 omnilex-key=us-nj-statutes--title-18a--18A:65-73}

Any person holding office, position or employment in the university who was a member of the public employees' retirement system of New Jersey on April 16, 1945 may continue his membership therein and any person thereafter appointed to any office, position or employment in the university shall be eligible to membership therein on the same terms and conditions as persons holding office, position or employment under the state, except as otherwise provided in this article.

##### **§ 18A:65-86** Fisheries Information and Development Center. {#sec-18a-65-86 omnilex-key=us-nj-statutes--title-18a--18A:65-86}

1. a. There is established the Fisheries Information and Development Center, hereinafter referred to as the center, at the Institute of Marine and Coastal Sciences at Rutgers, The State University. The center shall be administered by the Director of the Institute of Marine and Coastal Sciences in consultation with the coordinating board of the center established in subsection a. of section 2 of this act. The director in consultation with the coordinating board shall administer funding and provide scientific support for the center, and shall coordinate the distribution of funds, program design and research team development, oversight of project accomplishments, and information transfer activities for the center.

b. The purposes and objectives of the center shall be to:

(1) Address the most urgent research and development needs of the commercial and recreational fisheries industries in the State, including all fisheries species landed in the State throughout the geographic range of those fisheries resources ;

(2) Provide critical, unbiased data for the Marine Fisheries Council established pursuant to section 4 of P.L.1979, c.199 (C.23:2B-4), the Department of Environmental Protection, the fishing public, the commercial fishery industry, including shellfish and finfish fisheries in the State and fisheries in State and federal waters, and the recreational fishery industry, including the hook and line and party and charter boat fisheries industries; and

(3) Continue the viability of New Jersey fisheries through research and development concerning the enhancement of fish stocks and the improvement of fish stock management.

For the purposes of this act, "fisheries" means all harvesting of marine fish and aquatic organisms not defined as "aquaculture" pursuant to section 3 of P.L.1997, c.236 (C.4:27-3).

c. The center, at the direction of the coordinating board and with the approval of the Commissioner of the Department of Environmental Protection and in cooperation with any nonprofit groups related to the fisheries industries in the State, shall carry out scientific research programs including, but not limited to, those which :

(1) Provide the scientific basis for improvements in stock assessment methodology and the development of improved stock assessment models;

(2) Develop ways to utilize the most up-to-date satellite and oceanographic data in stock assessment models to analyze and assess the annual fluctuations in stock size and distribution;

(3) Develop new and improved methods of data collection;

(4) Reduce the impact of fishing on the mortality of juvenile fish and aquatic life, and reduce the mortality of non-targeted species and threatened and endangered species by the development and implementation of improvements in fishing technology, by-catch reduction devices, and fishing and processing methods;

(5) Provide the best scientific data available on species population dynamics and processes controlling age structure, sources and rates of mortality, rates of recruitment, catch and release mortality, the relationship of oceanographic variables to fish stock distribution patterns, the degree of reproductive isolation of species populations and the location of brood stocks, and the relationship of food supply to fish yield;

(6) Enhance understanding of the economic and sociological issues affecting fisheries in the State and evaluate the influence of State and local policies, changes in fishing technology, and variations in demand and supply on jobs, income, and business success or failure; and

(7) Address issues including, but not limited to, horseshoe crab resource questions, incidental catches of marine mammals and their resulting injury or death, hook and line mortality in the recreational fluke fishery, menhaden resource questions, and stock assessments of surf clam and ocean quahog populations.

##### **§ 18A:65-88** Construction of act relative to DEP. {#sec-18a-65-88 omnilex-key=us-nj-statutes--title-18a--18A:65-88}

4. Nothing in this act shall be construed to alter any of the powers or responsibilities of the Department of Environmental Protection related to shellfish or finfish fisheries in federal and State waters as established under federal and State law.

##### **§ 18A:65-89** Findings, declarations relative to New Jersey Collaborating Center for Nursing {#sec-18a-65-89 omnilex-key=us-nj-statutes--title-18a--18A:65-89}

1. The Legislature finds and declares that:

a. New Jersey Colleagues in Caring collaborative was established in 1996 through a Robert Wood Johnson Foundation grant to assist nursing schools, hospitals and other nursing service institutions to initiate concerted workforce development systems within the State; b. Under the terms of the grant, New Jersey Colleagues in Caring is responsible for: conducting a comprehensive assessment of the current and projected nursing care needs in the State; developing a dependable system for estimating future needs; analyzing the capacity of the State's nursing workforce to meet these needs and the area's educational infrastructure to produce the numbers and types of nursing professionals required; developing a Statewide nursing workforce consortium among schools, providers and other relevant institutions to plan and implement State models that enhance educational and career mobility for nurses; and establishing a formal mechanism to keep the consortium in place over the long term so that monitoring of nursing care needs and the building of a workforce with corresponding strengths become ongoing components of the State's health care structure;

c. Establishment of an independent nursing center, which will function as a future-oriented research and development organization that will develop and disseminate objective information and provide an ongoing strategy for the allocation of State resources directed toward the nursing work force, will assure the best possible nursing care for the residents of the State; and

d. Therefore, it is appropriate to establish the New Jersey Collaborating Center for Nursing to provide an investment in nursing by ensuring that the strategic work begun by New Jersey Colleagues in Caring continues under a State-supported infrastructure.

##### **§ 18A:65-90** New Jersey Collaborating Center for Nursing; establishment, goals. {#sec-18a-65-90 omnilex-key=us-nj-statutes--title-18a--18A:65-90}

2. There is established the New Jersey Collaborating Center for Nursing in the College of Nursing of Rutgers, The State University of New Jersey, to address issues of supply and demand of the nursing workforce, including education, recruitment, retention and utilization of adequately prepared nursing personnel. The center shall be administered by an executive director under the direction of the New Jersey Collaborating Center for Nursing board established pursuant to this act.

The primary goals of the center shall be to:

a. develop a strategic plan for the continuing development of an adequate nursing workforce, in number and in education and training, to meet the needs of New Jersey residents by:

(1) collecting and analyzing information about and maintaining a database of the current and projected supply and demand of the nursing workforce, including home health aides, nursing assistants, unlicensed assistive personnel, registered nurses, practical nurses, advanced practice nurses and doctorally prepared faculty; and

(2) determining priorities to be addressed from the plan;

b. continue the collaborative approach originating from New Jersey Colleagues in Caring by convening representative groups of health care stakeholders to:

(1) review and comment on the data analysis conducted by the center;

(2) recommend systemic changes in the State's health care system, including strategies for the implementation of the changes; and

(3) disseminate the results of the reviews and recommendations to the Legislature, health care stakeholders and consumers;

c. acknowledge the valued contribution of the nursing work force to the health of the State by:

(1) promoting positive image-building efforts in nursing;

(2) supporting existing mechanisms for rewarding outstanding nurses; and

(3) reporting with evidence-based data the relationship of nursing care to the positive outcomes of the health of consumers;

d. provide consultation, technical assistance and information related to nursing resources within and outside of the State and serve as a clearinghouse for data related to nursing resources;

e. foster collaboration among members of the health care community to achieve policy consensus, promote diversity and enhance the knowledge of nurses and others in health policy and health services research; and

f. seek competitive funding to support specific research endeavors or model programs to enhance the resources available in supporting innovative projects.

##### **§ 18A:65-91** Membership of board. {#sec-18a-65-91 omnilex-key=us-nj-statutes--title-18a--18A:65-91}

3. The New Jersey Collaborating Center for Nursing shall be governed by a 17-member board. A majority of the members first appointed to the board shall include nurse representatives from among the members of the New Jersey Colleagues in Caring collaborative.

a. The members shall be appointed as follows:

(1) four members appointed by the President of the Senate who include: one representative of acute care facilities recommended by the New Jersey Hospital Association; one representative of long-term care facilities recommended by the Health Care Association of New Jersey; one registered professional nurse recommended by the New Jersey State Nurses Association; and one representative of home health care agencies recommended by the Home Care Association of New Jersey;

(2) four members appointed by the Speaker of the General Assembly who include: one registered professional nurse recommended by the New Jersey State Nurses Association; one registered professional nurse recommended by the Organization of Nurse Executives - New Jersey; one representative of acute care facilities recommended by the New Jersey Council of Teaching Hospitals; and one licensed practical nurse who provides direct patient care; and

(3) nine members appointed by the Governor who include: one registered professional nurse recommended by the New Jersey State Nurses Association; one registered professional nurse recommended by the New Jersey League for Nursing; one health care facility staff nurse providing direct patient care, who is recommended by an organization that represents such nurses; two consumers of health care; one representative of baccalaureate and higher degree university nursing programs recommended by the Council of Baccalaureate and Higher Degree Programs; one representative of associate degree nursing programs recommended by the Council of Associate Degree programs; one representative of diploma nursing programs recommended by the Association of Diploma Schools of Professional Nursing; and one representative of practical nursing programs recommended by the Practical Nurses Educator's Council of New Jersey.

b. The term of office of each member shall be three years.

A member shall hold office for the term of his appointment and until his successor has been appointed and qualified. All vacancies shall be filled for the balance of the unexpired term in the same manner as the original appointment. A member of the board is eligible for reappointment, but no member shall serve for more than two consecutive terms.

c. The board shall meet at least quarterly and shall meet as soon as practical following the appointment of its members to choose, from among the members and by a majority vote of the members, a chairperson and such other officers as it deems appropriate. The chairperson and other officers shall serve in their elected office for a term of two years and may not succeed themselves in office.

d. Members shall serve without compensation but shall be reimbursed for the reasonable travel and other out-of-pocket expenses incurred in the performance of their duties in a manner consistent with the policies and procedures of Rutgers, The State University of New Jersey.

##### **§ 18A:65-92** Duties of board. {#sec-18a-65-92 omnilex-key=us-nj-statutes--title-18a--18A:65-92}

4. The board shall:

a. determine global policies for the center;

b. implement the primary goals of the center as established in this act;

c. appoint a multidisciplinary advisory council to provide input and advice on policy matters. The advisory council shall include representatives from all of the organizations represented in the collaborative of New Jersey Colleagues in Caring;

d. appoint a full-time executive director who shall serve at the pleasure of the board and shall be a person qualified by training and experience to perform the duties of the office. The board shall authorize the executive director to employ such other staff as the executive director deems necessary and within the limits of funds available to the center. All policies and procedures concerning the hiring of center employees shall be the same as and consistent with the applicable policies and procedures of Rutgers, The State University of New Jersey;

e. apply for and accept grants of money available for carrying out the policies and activities of the center from the federal government, and accept gifts, grants and bequests of funds from individuals, foundations, corporations, governmental agencies and other organizations and institutions to carry out the purposes of this act;

f. establish policies for the appointment of members of the board; and

g. submit a report to the Governor and the Legislature one year after the center is established, and every two years thereafter, on its activities and findings. The report may include such recommendations for legislative action as the board deems appropriate. The board shall make its annual report available to members of the public, upon request.

##### **§ 18A:65-92.1** Annual appropriation. {#sec-18a-65-92.1 omnilex-key=us-nj-statutes--title-18a--18A:65-92.1}

4. There is annually appropriated to the New Jersey Collaborating Center for Nursing in the College of Nursing of Rutgers, The State University of New Jersey, 5% of the initial and renewal licensing fees for professional and practical nurses collected by the New Jersey Board of Nursing each year.

##### **§ 18A:65-93** Interim responsibility {#sec-18a-65-93 omnilex-key=us-nj-statutes--title-18a--18A:65-93}

5. Until such time as the members of the board are appointed, the New Jersey Colleagues in Caring collaborative shall be responsible for establishing the center and implementing the purposes of this act.

##### **§ 18A:65-94** Rights, certain, transferred to Rutgers. {#sec-18a-65-94 omnilex-key=us-nj-statutes--title-18a--18A:65-94}

3. a. In order to carry out the purposes of this act and to provide the program of medical and dental education required for the benefit of the State and the people of New Jersey, all rights to all of the schools, institutes, and centers of the University of Medicine and Dentistry of New Jersey, other than the School of Osteopathic Medicine, the entire Stratford campus, the remaining facilities in Camden, and University Hospital, are hereby transferred to Rutgers, The State University.

The facilities of the schools, institutes, and centers of the University of Medicine and Dentistry of New Jersey, other than the facilities of the School of Osteopathic Medicine, the entire Stratford campus, the remaining facilities in Camden, and University Hospital, are hereby transferred to Rutgers, The State University, and the university shall devote the same to the purposes of public higher education in the State in accordance with the terms of any gift, grant, trust, contract or other agreement with the State or any of its political subdivisions or with the United States or with any public body, department or any agency of the State or the United States or with any individual, firm or corporation.

Upon the transfer of the schools, institutes, and centers of the University of Medicine and Dentistry of New Jersey to Rutgers, The State University, the Cancer Institute of New Jersey shall become an independent institute at Rutgers, The State University and shall be distinct and separate from any individual school.

b. Rutgers, The State University shall maintain the public mission and commitment of the University of Medicine and Dentistry of New Jersey, including an affiliation with University Hospital, to provide a comprehensive healthcare program and services to the greater Newark community, including outreach and mobile health services and services provided collaboratively between University Hospital and the University of Medicine and Dentistry of New Jersey, or any of its components.

c. Any school, institute, or center transferred to Rutgers, The State University pursuant to subsection a. of this section based in the City of Newark shall remain in the City of Newark, including the New Jersey Medical School, the New Jersey Dental School, School of Health Related Professions, the School of Nursing, and the Public Health Research Institute.

d. Any school, institute, or center of Rutgers, The State University based in Middlesex County shall remain in Middlesex County including, but not limited to, the Robert Wood Johnson Medical School, the School of Public Health, the Ernest Mario School of Pharmacy, the Institute of Health, Health Policy, and Aging Research, and University Behavioral Healthcare.

e. Rutgers, The State University shall assume and maintain existing contracts through expiration with the Department of Corrections and the Department of Children and Families to provide services under University Behavioral Healthcare and the School of Nursing. The services provided under the contracts shall continue to be provided by public employees following expiration of those contracts.

f. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the University of Medicine and Dentistry of New Jersey, other than the School of Osteopathic Medicine, the entire Stratford campus, the remaining facilities in Camden, and University Hospital, the same shall mean and refer to Rutgers, The State University.

g. The transfer of the schools, institutes, and centers of the University of Medicine and Dentistry of New Jersey, other than the School of Osteopathic Medicine, the entire Stratford campus, the remaining facilities in Camden, and University Hospital, to Rutgers, The State University shall require the accreditation approval of the appropriate accrediting bodies prior to transfer.

##### **§ 18A:65-95** Appropriations, grants, moneys, property, certain, transferred to Rutgers. {#sec-18a-65-95 omnilex-key=us-nj-statutes--title-18a--18A:65-95}

4. Upon the transfer of the schools, institutes, and centers of the University of Medicine and Dentistry of New Jersey other than the School of Osteopathic Medicine, the entire Stratford campus, the remaining facilities in Camden, and University Hospital, to Rutgers, The State University pursuant to section 3 of this act:

a. all appropriations, grants, and other moneys available and to become available to the schools, institutes, and centers of the University of Medicine and Dentistry of New Jersey are hereby transferred to Rutgers, The State University, and shall be available for the objects and purposes for which appropriated subject to any terms, restrictions, limitations or other requirements imposed by the State budget or by State and federal law.

b. all employees of the schools, institutes, and centers of the University of Medicine and Dentistry of New Jersey are hereby transferred to Rutgers, The State University. Nothing in this act shall be considered to deprive any person of any tenure rights or of any right or protection provided him under any pension law or retirement system or any other law of this State.

c. all files, books, papers, records, equipment, and other property of the schools, institutes, and centers of the University of Medicine and Dentistry of New Jersey, are hereby transferred to Rutgers, The State University.

d. all orders, rules or regulations heretofore made or promulgated by the schools, institutes, and centers of the University of Medicine and Dentistry of New Jersey, or by the University of Medicine and Dentistry of New Jersey on their behalf, shall be continued with full force and effect as the orders, rules and regulations of Rutgers, The State University until amended or repealed pursuant to law.

##### **§ 18A:65-96** Actions, proceedings, certain; unaffected. {#sec-18a-65-96 omnilex-key=us-nj-statutes--title-18a--18A:65-96}

5. This act shall not affect actions or proceedings, civil or criminal, brought by or against the schools, institutes, and centers of the University of Medicine and Dentistry of New Jersey being transferred to Rutgers, The State University pursuant to this act, but such actions, or proceedings may be prosecuted or defended in the same manner and to the same effect by Rutgers, The State University, as if the foregoing provisions had not taken effect; nor shall any of the foregoing provisions affect any order or regulation made by, or other matters or proceedings before, the schools, institutes, and centers of the University of Medicine and Dentistry of New Jersey being transferred to Rutgers, The State University pursuant to this act, and all such matters or proceedings pending before the schools, institutes, and centers of the University of Medicine and Dentistry of New Jersey being transferred to Rutgers, The State University pursuant to this act, on the effective date of this act shall be continued by Rutgers, The State University, as if the foregoing provisions had not taken effect.

##### **§ 18A:65-97** Certain debts transferred to Rutgers. {#sec-18a-65-97 omnilex-key=us-nj-statutes--title-18a--18A:65-97}

6. All debts of the University of Medicine and Dentistry of New Jersey associated with the schools, institutes, and centers of the University of Medicine and Dentistry of New Jersey other than the School of Osteopathic Medicine, the entire Stratford campus, the remaining facilities in Camden, and University Hospital, are transferred to Rutgers, The State University, and all creditors of the University of Medicine and Dentistry of New Jersey may enforce those debts against Rutgers, The State University in the same manner as they might have had against the University of Medicine and Dentistry of New Jersey, and the rights and remedies of those creditors shall not be limited or restricted in any manner by this act.

##### **§ 18A:65-98** Rights of officers, employees unaffected. {#sec-18a-65-98 omnilex-key=us-nj-statutes--title-18a--18A:65-98}

7. a. Nothing in this act shall be construed to deprive any officers or employees of the schools, institutes, and centers of the University of Medicine and Dentistry of New Jersey being transferred to Rutgers, The State University, of their rights, privileges, obligations or status with respect to any pension, retirement, or health benefits system. The employees shall, upon transfer to Rutgers, The State University, retain all of their rights and benefits under existing collective negotiations agreements or contracts until such time as new or revised agreements or contracts are agreed to. The employees shall continue to be represented by the majority representative that represented them as employees of the University of Medicine and Dentistry of New Jersey, unless the employees choose to change their majority representative pursuant to law. Rutgers, The State University shall assume all obligations under existing or expired collective negotiations agreements that covered employees of the University of Medicine and Dentistry of New Jersey on the effective date of this act.

Employees in an existing University of Medicine and Dentistry of New Jersey negotiations unit, who are transferred to or become employees of Rutgers, The State University shall be deemed to constitute an appropriate collective negotiations unit under the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.).

Nothing in this act shall affect the civil service status, if any, of those officers or employees. Nothing in this act shall affect the tenure, rank, or academic track of any of those employees holding a faculty position.

The employees shall, upon transfer to Rutgers, The State University, not be considered new employees for any purpose and shall retain any accrued seniority, rank, and tenure, which shall be applied when determining eligibility for all benefits, including all paid leave time, longevity increases, and promotions.

b. (1) Within 60 days following the effective date of this act, a Labor Management Committee (LMC) shall be established which shall be comprised of one representative from each of the majority representatives representing employees employed by Rutgers, The State University and by the University of Medicine and Dentistry of New Jersey as of the effective date of this act, along with representatives of the administration of Rutgers, The State University.

The LMC shall review all proposed restructuring and reorganization plans and shall make recommendations to the board of governors of Rutgers, The State University regarding personnel and labor relations related to the proposed plans, including recommendations to improve service delivery and avoid duplication of services and to promote equitable and consistent policies for compensation, benefits, and other terms and conditions of employment throughout the university for employees performing substantially similar duties.

Following the restructuring and reorganization, the LMC shall continue to meet quarterly to address ongoing personnel and labor relations issues that arise with respect to the restructuring or reorganization.

(2) Nothing in this act shall be construed to prohibit Rutgers, The State University and majority representatives from voluntarily entering into collective negotiations agreements that cover more than one negotiations unit where the members of two or more negotiations units perform substantially similar duties. If Rutgers, The State University and majority representatives are unable to agree on whether a collective negotiations agreement should cover one or more negotiations units represented by different majority representatives, the Public Employment Relations Commission shall assist the parties in the voluntary resolution of such a dispute through the appointment of a super conciliator in accordance with sections 4 and 5 of P.L.2003, c.126 (C.34:13A-34 and C.34:13A-35).

(3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, Rutgers, The State University, in accordance with its obligations under the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), shall honor existing collective negotiations agreements and negotiate over any changes in terms and conditions of employment with the majority representative of affected employees.

##### **§ 18A:65-99** Disposition of medical malpractice claims. {#sec-18a-65-99 omnilex-key=us-nj-statutes--title-18a--18A:65-99}

24. For medical malpractice claims incurred at any of the University of Medicine and Dentistry of New Jersey schools transferred to Rutgers, The State University, occurring before or after the effective date of this act, Rutgers, The State University, shall elect within 75 days of the signing of this act whether it, and its employees, shall be represented in all such matters by the Attorney General. If Rutgers, The State University elects to be represented by the Attorney General, then the Department of the Treasury shall enter into a memorandum of agreement with Rutgers, The State University modeled on the June, 2003 memorandum of agreement between the Department of the Treasury and the University of Medicine and Dentistry concerning the Self-Insurance Reserve Fund and moneys in the fund known as the Self-Insurance Reserve Fund shall be available to Rutgers, The State University solely to indemnify and defend medical malpractice claims against employees, officers, and servants at the schools transferred from the University of Medicine and Dentistry of New Jersey to Rutgers, The State University. If Rutgers, The State University, elects not to be represented by the Attorney General, then it shall be required to provide employees of the schools transferred from the University of Medicine and Dentistry of New Jersey to Rutgers, The State University with defense and indemnification consistent with the terms and conditions of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., in lieu of the defense and indemnification that such employees would otherwise seek and be entitled to from the Attorney General pursuant to N.J.S.59:10-1 et seq. and P.L.1972, c.48 (C.59:10A-1 et seq.).

##### **§ 18A:65-100** Protection from certain undisclosed liabilities. {#sec-18a-65-100 omnilex-key=us-nj-statutes--title-18a--18A:65-100}

141. In transferring the assets of the University of Medicine and Dentistry of New Jersey to Rutgers, The State University, it is the intention of the Legislature to protect Rutgers, The State University, and to hold it harmless, subject to future appropriation, for unexpected costs or losses associated with undisclosed liabilities of the University of Medicine and Dentistry of New Jersey that were not reasonably foreseeable or contemplated at the time of the transfers required by this act. Therefore, if Rutgers, The State University experiences, during fiscal years 2014 and 2015, costs or losses associated with liabilities of the University of Medicine and Dentistry of New Jersey that were not identified in the certified financial statements of the University of Medicine and Dentistry of New Jersey for the time periods preceding the incurrence of the cost or loss, the State shall reimburse Rutgers, The State University for such cost or loss, subject to appropriation by the Legislature.

##### **§ 18A:65-101** "School of Biomedical and Health Sciences." {#sec-18a-65-101 omnilex-key=us-nj-statutes--title-18a--18A:65-101}

144. a. The schools, institutes, and centers of the University of Medicine and Dentistry of New Jersey, other than the School of Osteopathic Medicine, the entire Stratford campus, the remaining facilities in Camden, and University Hospital, that are transferred to Rutgers, The State University pursuant to section 3 of this act shall comprise a university-wide "School of Biomedical and Health Sciences" within Rutgers, The State University. The School of Biomedical and Health Sciences shall also include the Rutgers University School of Nursing, the Ernest Mario School of Pharmacy, the Institute of Health, Health Policy, and Aging Research, and University Behavioral Healthcare. Any other schools, institutes, or centers may also be included in the School of Biomedical and Health Sciences as deemed appropriate by the president of Rutgers, The State University. As provided pursuant to section 14 of this act, University Hospital shall continue to serve as the principal teaching hospital for all of the Newark-based schools.

b. The president of Rutgers, The State University, with the consent of the board of governors, shall appoint a chancellor, who shall be a physician, to lead the School of Biomedical and Health Sciences. The chancellor shall be based at Rutgers University-Newark and shall report directly to the president of Rutgers, The State University.

There shall be a provost for Rutgers University-Newark responsible for biomedical and health sciences programs located in Newark and a provost, appointed by the president of Rutgers, The State University, for Rutgers University-New Brunswick responsible for biomedical and health sciences programs located in Middlesex County to report to the chancellor.

c. The School of Biomedical and Health Sciences shall be supported through a separate line item in the annual appropriations act.

##### **§ 18A:65-102** Transfer of monies, personnel. {#sec-18a-65-102 omnilex-key=us-nj-statutes--title-18a--18A:65-102}

148. All monies including, but not limited to, grants, appropriations, capital improvement expenditures, research funds, State-funded personnel, institutional support, and grants-in-aid, previously allocated or otherwise provided to the University of Medicine and Dentistry of New Jersey for the use of Robert Wood Johnson Medical School, regardless of source, which remain unexpended on the effective date of P.L.2012, c.45 (C.18A:64M-1 et al.) shall be transferred to Rutgers, The State University.

##### **§ 18A:65-103** New Jersey Climate Change Resource Center. {#sec-18a-65-103 omnilex-key=us-nj-statutes--title-18a--18A:65-103}

1. a. There is established the New Jersey Climate Change Resource Center, hereinafter referred to as the center, at Rutgers, The State University. The purpose of the center shall be to carry out collaborative and interdisciplinary research, analysis, and outreach activities that will help New Jersey adapt, mitigate, and prepare for climate change.

b. The center shall conduct research with a mission to create and support the use of impartial and actionable science to advance government, public, private, and nongovernmental sector efforts to adapt to, and mitigate, a changing climate. The center's research, analysis, and outreach activities shall include, but need not be limited to:

(1) conducting a Statewide climate change vulnerability assessment to identify populations, built and natural assets, and communities that are most vulnerable to a changing climate;

(2) facilitating and coordinating, to the greatest extent possible, among New Jersey academic institutions collaborative applied research, development of educational programs, and Statewide integration of research findings into adaptation, mitigation, and resilience efforts;

(3) forming partnerships with practitioners in key economic sectors that are particularly vulnerable to climate change, including agriculture, public health, water resources, and the built and natural environment, and with representatives from sectors that are significant sources of emissions contributing to climate change, including energy, transportation, and water;

(4) undertaking actionable science that informs planning and policy-making at the local, State, and regional levels;

(5) developing and delivering technical guidance to practitioners to enhance adaptation, mitigation, and resilience in the public, private, and nongovernmental sectors;

(6) undertaking pilot projects that can be replicable throughout the State and that demonstrate effective mitigation strategies or reduce the risks facing populations most vulnerable to climate change; and

(7) enhancing the State's capacity to address climate risks and impacts through outreach training, engagement, and education of policymakers, practitioners, the media, and other key stakeholders.

c. The center shall consult with the Department of Environmental Protection when developing its agenda in order to facilitate coordination and resource sharing between the center, the department, and other entities with respect to those entities' work on climate change adaptation, mitigation, and preparation.

d. Within two years after the effective date of this section, the center shall provide a report to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), summarizing its research and activities and identifying priorities for the next five years, including any additional resource needs.

## **Chapter 65A** {#struct-chapter-65a}

##### **§ 18A:65A-1** Implementation of energy savings improvement program by public institution of higher education; definitions. {#sec-18a-65a-1 omnilex-key=us-nj-statutes--title-18a--18A:65A-1}

4. a. (1) The board of trustees of a public institution of higher education may implement an energy savings improvement program in the manner provided by this section whenever it determines that the savings generated from reduced energy use from the program will be sufficient to cover the cost of the program's energy conservation measures as set forth in an energy savings plan. Under such a program, a board of trustees may enter into an energy savings services contract with an energy services company to implement the program or the board may authorize separate contracts to implement the program. The provisions of: N.J.S.18A:64-1 et seq., in the case of any State college; P.L.1995, c.400 (C.18A:64E-12 et seq.), in the case of the New Jersey Institute of Technology; N.J.S.18A:65-1 et seq., in the case of Rutgers, the State University; P.L.2012, c.45 (C.18A:64M-1 et al.), in the case of Rowan University; P.L.2017, c.178 (C.18A:64N-1 et al.), in the case of Montclair State University; P.L.2021, c.282 (C.18A:64O-1 et al.), in the case of Kean University; and N.J.S.18A:64A-1 et seq., in the case of the county colleges; shall apply to any contracts awarded pursuant to this section to the extent that the provisions of such law are not inconsistent with any provision of this section.

In the case of Rutgers, the State University, references in this section to the board of trustees shall mean the Rutgers board of governors.

(2) An educational facility alteration required to properly implement other energy efficiency or energy conservation measures, or both, may be included as part of an energy savings services contract, in which case, notwithstanding any other provision of law, rule, regulation, or order to the contrary, the facility alteration may be undertaken or supervised by the energy services company performing the energy savings services contract if:

(a) the total cost of the improvement does not exceed 15 percent of the total cost of the work to be performed under the energy savings services contract; and

(b) (i) the improvement is necessary to conform to a law, rule, or regulation, or order, or (ii) an analysis within an approved proposal, or the board of trustees, at the time of the award of the proposal, demonstrates that there is an economic advantage to the board of trustees implementing the improvement as part of the energy savings services contract, and the savings rationale for the improvement is documented and supported by reasonable justification.

b. (1) To be eligible to enter into an energy savings services contract, an energy services company shall be a commercial entity that is qualified to provide energy savings services in accordance with the provisions of this section. A public institution of higher education may enter into an energy savings services contract through public advertising for bids and the receipt of bids therefor.

(2) (a) Public works activities performed under an energy savings improvement program shall be subject to all requirements regarding public bidding, bid security, performance guarantees, insurance and other public contracting requirements that are applicable to public works contracts, to the extent not inconsistent with this section. A general contractor, energy services company serving as general contractor, or any subcontractor hired for the furnishing of plumbing and gas fitting and all kindred work, and of steam and hot water heating and ventilating apparatus, steam power plants and kindred work, and electrical work, structural steel and ornamental iron work, shall be classified by the Division of Property Management and Construction in the Department of the Treasury in order to perform public works activities under an energy savings improvement program.

(b) Individuals or organizations performing energy audits, acting as commissioning agents, or conducting verification of energy savings plans, implementation of energy conservation measures, or verifying guarantees shall be prequalified by the Division of Property Management and Construction in the Department of the Treasury to perform their work under an energy savings improvement program.

(c) Where there is a need for compatibility of a direct digital control system with previously installed control systems and equipment, the bid specifications may include a requirement for proprietary goods, and if so included, the bid specification shall set forth an allowance price for its supply which shall be used by all bidders in the public bidding process.

(3) (a) An energy services company may be designated as the general contractor for improvements to be made pursuant to an energy savings plan, provided that the hiring of subcontractors that are required to be classified pursuant to subparagraph (a) of paragraph (2) of this subsection shall be performed in accordance with the procedures and requirements set forth pursuant to the public bidding requirements of the board of trustees. A contract with an energy savings company shall include, but not be limited to: preparation of an energy savings plan; the responsibilities of the parties for project schedules, installations, performance and quality, payment of subcontractors, project completion, commissioning, savings implementation; a requirement that the savings to be achieved by energy conservation measures be verified upon commissioning of the improvements; allocation of State and federal rebates and tax credits; and any other provisions deemed necessary by the parties.

(b) All workers performing public works activities for subcontractors awarded contracts by an energy services company pursuant to this section shall be paid prevailing wages in accordance with the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.). All subcontractors shall comply with the provisions of "The Public Works Contractor Registration Act," P.L.1999, c.238 (C.34:11-56.48 et seq.). Only firms appropriately classified as contractors by the Division of Property Management and Construction shall be eligible to be awarded a contract as a subcontractor of an energy services company under this section for performing public works activities pursuant to regulations adopted by the Division of Property Management and Construction.

(c) In order to expedite communications with an energy services company and facilitate the implementation of an energy savings improvement program, a board of trustees may designate or appoint an employee of the public institution of higher education with decision-making authority to coordinate with the energy services company and to address issues associated with the implementation of an energy savings improvement program as they arise, provided that any decision requiring a change order shall be made only upon the approval of the board of trustees of the public institution of higher education.

(4) A subsidiary or wholly-owned or partially-owned affiliate of the energy services company shall not be an eligible contractor or subcontractor under an energy savings services contract.

c. An energy savings improvement program may be financed through a lease-purchase agreement or through the issuance of energy savings obligations pursuant to this subsection.

(1) An energy savings improvement program may be financed through a lease-purchase agreement between a board of trustees and an energy services company or other public or private entity. Under a lease-purchase agreement, ownership of the energy savings equipment or improved facilities shall pass to the board of trustees when all lease payments have been made. Notwithstanding the provisions of any other law to the contrary, the duration of such a lease-purchase agreement shall not exceed 15 years, except that the duration of a lease purchase agreement for a combined heat and power or cogeneration project shall not exceed 20 years. For the purposes of this paragraph, the duration of the repayment term of a lease-purchase agreement shall commence on the date upon which construction and installation of the energy savings equipment, "combined heat and power facility" or "cogeneration facility," as those terms are defined pursuant to section 3 of P.L.1999, c.23 (C.48:3-51), or other energy conservation measures undertaken pursuant to the energy savings plan, have been completed.

(2) Any lease-purchase or other agreement entered into in connection with an energy savings improvement program may be a general obligation of the public institution of higher education pursuant to this subsection, and may contain: a clause making it subject to the availability and appropriation annually of sufficient funds as may be required to meet the extended obligation; and a non-substitution clause maintaining that if the agreement is terminated for non-appropriation, the board of trustees may not replace the leased equipment or facilities with equipment or facilities that perform the same or similar functions.

(3) A board of trustees may arrange for incurring energy savings obligations to finance an energy savings improvement program and may enter into any agreement with the New Jersey Educational Facilities Authority or other persons in connection with the issuance by the authority of its obligations on behalf of the public institution of higher education in order to finance the institution's energy savings improvement program. Energy savings obligations may be funded through appropriations for utility services in the annual budget of the board, or incurred as a general obligation of the public institution of higher education in connection with the issuance by the New Jersey Educational Facilities Authority of bonds or notes pursuant to N.J.S.18A:72A-2 et seq., or, in the case of a county college, by a sponsoring county as a refunding bond pursuant to N.J.S.40A:2-52 et seq., including the issuance of bond anticipation notes as may be necessary, provided that all such bonds and notes mature within the periods authorized for such energy savings obligations.

(4) Lease-purchase agreements and energy savings obligations shall not be used to finance maintenance, guarantees, or verification of guarantees of energy conservation measures. Lease-purchase agreements and energy savings obligations may be used to finance the cost of an energy audit or the cost of verification of energy savings as part of adopting an energy savings plan. Maturity schedules of lease-purchase agreements or energy savings obligations shall not exceed the estimated average useful life of the energy conservation measures.

d. (1) The energy audit component of an energy savings improvement program shall be conducted either by the board of trustees or by a qualified third party retained by the board for that purpose. It shall not be conducted by an energy services company subsequently hired to develop an energy savings improvement program. The energy audit shall identify the current energy use of any or all facilities and energy conservation measures that can be implemented in which the energy savings and energy efficiency could be realized and maximized.

(2) To implement an energy savings improvement program, a board of trustees shall develop an energy savings plan that consists of one or more energy conservation measures. The plan shall:

(a) contain the results of an energy audit;

(b) describe the energy conservation measures that will comprise the program;

(c) estimate greenhouse gas reductions resulting from those energy savings;

(d) identify all design and compliance issues that require the professional services of an architect or engineer and identify who will provide these services;

(e) include an assessment of risks involved in the successful implementation of the plan;

(f) identify the eligibility for, and costs and revenues associated with the PJM Independent System Operator for demand response and curtailable service activities;

(g) include schedules showing calculations of all costs of implementing the proposed energy conservation measures and the projected energy savings;

(h) identify maintenance requirements necessary to ensure continued energy savings, and describe how they will be fulfilled; and

(i) if developed by an energy services company, a description of, and cost estimates of an energy savings guarantee.

All professionals providing engineering services under the plan shall have errors and omissions insurance.

(3) Prior to the adoption of the plan, the board of trustees shall contract with a qualified third party to verify the projected energy savings to be realized from the proposed program have been calculated as required by subsection e. of this section.

(4) Upon adoption, the plan shall be submitted to the Board of Public Utilities, which shall post it on the Internet on a public webpage maintained for such purpose. If the board of trustees maintains its own website, it shall also post the plan on that site. The Board of Public Utilities may require periodic reporting concerning the implementation of the plan.

(5) Verification by a qualified third party shall be required when energy conservation measures are placed in service or commissioned, to ensure the savings projected in the energy savings plan shall be achieved.

(6) Energy-related capital improvements that do not reduce energy usage may be included in an energy savings improvement program but the cost of such improvements shall not be financed as a lease-purchase or through energy savings obligations authorized by subsection c. of this section. Nothing herein is intended to prevent the financing of such capital improvements through otherwise authorized means.

(7) A qualified third party when required by this subsection may include an employee of the public institution of higher education who is properly trained and qualified to perform such work.

e. (1) (a) The calculation of energy savings for the purposes of determining that the energy savings resulting from the program will be sufficient to cover the cost of the program's energy conservation measures, as provided in subsection a. of this section, shall involve determination of the dollar amount saved through implementation of an energy savings improvement program using the guidelines of the International Performance Measurement and Verification Protocol or other protocols approved by the Board of Public Utilities and standards adopted by the Board of Public Utilities pursuant to this section. The calculation shall include all applicable State and federal rebates and tax credits, but shall not include the cost of an energy audit and the cost of verifying energy savings. The calculation shall state which party has made application for rebates and credits and how these applications translate into energy savings.

(b) During the procurement phase of an energy savings improvement program, an energy services company's proposal submitted in response to a request for proposal shall not include a savings calculation that assumes, includes, or references capital cost avoidance savings, the current or projected value of a "solar renewable energy certificate," as defined pursuant to section 3 of P.L.1999, c.23 (C.48:3-51), or other environmental or similar attributes or benefits of whatever nature that derive from the generation of renewable energy, and any costs or discounts associated with maintenance services, an energy savings guarantee, or third party verification of energy conservation measures and energy savings. The calculation of energy savings shall utilize and specifically reference as a benchmark the actual demand and energy components of the public utility tariff rate applicable to the board of trustees then in effect, and not a blended rate that aggregates, combines, or restates in any manner the distinct demand and energy components of the public utility tariff rate into a single combined or restated tariff rate. If an energy services company submits a proposal to a board of trustees that does not calculate projected energy savings in the manner required by this subsection, such proposal shall be rejected by the board of trustees.

(2) For the purposes of this section, the Board of Public Utilities shall adopt standards and uniform values for interest rates and escalation of labor, electricity, oil, and gas, as well as standards for presenting these costs in a life cycle and net present value format, standards for the presentation of obligations for carbon reductions, and other standards that the board may determine necessary.

f. (1) When an energy services company is awarded an energy savings services contract, it shall offer the board of trustees the option to purchase, for an additional amount, an energy savings guarantee. The guarantee, if accepted by a separate vote of the board of trustees, shall insure that the energy savings resulting from the energy savings improvement program, determined periodically over the duration of the guarantee, will be sufficient to defray all payments required to be made pursuant to the lease-purchase agreement or energy savings obligation, and if the savings are not sufficient, the energy services company will reimburse the board of trustees for any additional amounts. Annual costs of a guarantee shall not be financed or included as costs in an energy savings plan but shall be fully disclosed in an energy savings plan.

(2) When a guaranteed energy savings option is purchased, the contract shall require a qualified third party to verify the energy savings at intervals established by the parties.

(3) When an energy services company is awarded an energy savings services contract to provide or perform goods or services for the purpose of enabling a board of trustees to conserve energy through energy efficiency equipment, including a "combined heat and power facility" as that term is defined pursuant to section 3 of P.L.1999, c.23 (C.48:3-51), on a self-funded basis, such contract shall extend for a term of up to 15 years for energy efficiency projects, and for up to 20 years for a combined heat and power facility after construction completion. If a board of trustees shall elect to contract with an energy services company for an energy savings guarantee in connection with a contract awarded pursuant to this section, such guarantee may extend for a term of up to 15 years for energy efficiency projects, or up to 20 years for a combined heat and power facility after construction completion.

g. As used in this section:

"direct digital control systems" means the devices and computerized control equipment that contain software and computer interfaces that perform the logic that control a building's heating, ventilating, and air conditioning system. Direct digital controls shall be open protocol format and shall meet the interoperability guidelines established by the American Society of Heating, Refrigerating and Air-Conditioning Engineers;

"educational facility" means a structure suitable for use as a dormitory, dining hall, student union, administrative building, academic building, library, laboratory, research facility, classroom, athletic facility, health care facility, teaching hospital, and parking, maintenance, storage or utility facility or energy conservation measures and other structures or facilities related thereto or required or useful for the instruction of students or the conducting of research or the operation of an institution for higher education, and public libraries, and the necessary and usual attendant and related facilities and equipment, but shall not include any facility used or to be used for sectarian instruction or as a place for religious worship;

"energy conservation measure" means an improvement that results in reduced energy use, including, but not limited to, installation of energy efficient equipment; demand response equipment; combined heat and power systems; facilities for the production of renewable energy; water conservation measures, fixtures or facilities; building envelope improvements that are part of an energy savings improvement program; and related control systems for each of the foregoing;

"energy related capital improvement" means a capital improvement that uses energy but does not result in a reduction of energy use;

"energy saving obligation" means a bond, note or other agreement evidencing the obligation to repay borrowed funds incurred in order to finance energy saving improvements;

"energy savings" means a measured reduction in fuel, energy, operating or maintenance costs resulting from the implementation of one or more energy conservation measures services when compared with an established baseline of previous fuel, energy, operating or maintenance costs, including, but not limited to, future capital replacement expenditures avoided as a result of equipment installed or services performed as part of an energy savings plan;

"energy savings improvement program" means an initiative of a public institution of higher education to implement energy conservation measures in existing facilities, provided that the value of the energy savings resulting from the program will be sufficient to cover the cost of the program's energy conservation measures;

"energy savings plan" means the document that describes the actions to be taken to implement the energy savings improvement program;

"energy savings services contract" means a contract with an energy savings company to develop an energy savings plan, prepare bid specifications, manage the performance, provision, construction, and installation of energy conservation measures by subcontractors, to offer a guarantee of energy savings derived from the implementation of an energy savings plan, and may include a provision to manage the bidding process;

"energy services company" means a commercial entity that is qualified to develop and implement an energy savings plan in accordance with the provisions of this section;

"public works activities" means any work subject to the provisions of P.L.1963, c.150 (C.34:11-56.25 et seq.); and

"water conservation measure" means an alteration to a facility or equipment that reduces water consumption, maximizes the efficiency of water use, or reduces water loss.

h. (1) The State Treasurer and the Board of Public Utilities may take such action as is deemed necessary and consistent with the intent of this section to implement its provisions.

(2) The State Treasurer and the Board of Public Utilities may adopt implementation guidelines or directives, and adopt such administrative rules, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary for the implementation of those agencies' respective responsibilities under this section, except that notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the State Treasurer and the Board of Public Utilities may adopt, immediately upon filing with the Office of Administrative Law, such rules and regulations as deemed necessary to implement the provisions of this act which shall be effective for a period not to exceed 12 months and shall thereafter be amended, adopted or re-adopted in accordance with the provisions of P.L.1968, c.410 (C.52:14B-1 et seq.).

## **Chapter 66** {#struct-chapter-66}

##### **§ 18A:66-1** Short title {#sec-18a-66-1 omnilex-key=us-nj-statutes--title-18a--18A:66-1}

This article shall be known as the "Teachers' Pension and Annuity Fund Law."

##### **§ 18A:66-2** Definitions. {#sec-18a-66-2 omnilex-key=us-nj-statutes--title-18a--18A:66-2}

As used in this article:

a. "Accumulated deductions" means the sum of all the amounts, deducted from the compensation of a member or contributed by or in behalf of the member, including interest credited to January 1, 1956, standing to the credit of the member's individual account in the annuity savings fund.

b. "Annuity" means payments for life derived from the accumulated deductions of a member as provided in this article.

c. "Beneficiary" means any person receiving a retirement allowance or other benefit as provided in this article.

d. (1) "Compensation" means the contractual salary, for services as a teacher as defined in this article, which is in accordance with established salary policies of the member's employer for all employees in the same position but shall not include individual salary adjustments which are granted primarily in anticipation of the member's retirement or additional remuneration for performing temporary or extracurricular duties beyond the regular school day or the regular school year.

(2) In the case of a person who becomes a member of the retirement system on or after July 1, 2007, "compensation" means the amount of the contractual salary equivalent to the annual maximum wage contribution base for Social Security, pursuant to the Federal Insurance Contributions Act, for services as a teacher as defined in this article, which is in accordance with established salary policies of the member's employer for all employees in the same position but shall not include individual salary adjustments which are granted primarily in anticipation of the member's retirement or additional remuneration for performing temporary or extracurricular duties beyond the regular school day or the regular school year. This paragraph shall not apply to a person who at the time of enrollment in the retirement system on or after July 1, 2007 transfers service credit from another State-administered retirement system pursuant to N.J.S.18A:66-15.1, but shall apply to a former member of the retirement system who has been granted a retirement allowance and is reenrolled in the retirement system on or after July 1, 2007 pursuant to N.J.S.18A:66-53.2 after becoming employed again in a position that makes the person eligible to be a member of the retirement system.

For the period of July 1, 2009 through June 30, 2011, "contractual salary" for State employees shall include wage increases under a collective negotiations agreement notwithstanding that, by amendment to that collective negotiations agreement, the effective date of the contractual increase has been deferred. For the purpose of this paragraph, "State employee" means an employee in the Executive Branch of State government of New Jersey.

e. "Employer" means the State, the board of education or any educational institution or agency of or within the State by which a teacher is paid.

f. (1) "Final compensation" means the average annual compensation for which contributions are made for the three years of creditable service in New Jersey immediately preceding the member's retirement or death, or it shall mean the average annual compensation for New Jersey service for which contributions are made during any three fiscal years of his or her membership providing the largest possible benefit to the member or the member's beneficiary.

(2) In the case of a person who becomes a member of the retirement system on or after the effective date of P.L.2010, c.1, "final compensation" means the average annual compensation for which contributions are made for the five years of creditable service in New Jersey immediately preceding the member's retirement or death, or it shall mean the average annual compensation for New Jersey service for which contributions are made during any five fiscal years of his or her membership providing the largest possible benefit to the member or the member's beneficiary.

g. "Fiscal year" means any year commencing with July 1, and ending with June 30, next following.

h. "Pension" means payments for life derived from appropriations made by the State or employers to the Teachers' Pension and Annuity Fund.

i. "Annuity reserve" means the present value of all payments to be made on account of any annuity or benefit in lieu of an annuity, granted under the provisions of this article, computed on the basis of such mortality tables recommended by the actuary as the board of trustees adopts, with regular interest.

j. "Pension reserve" means the present value of all payments to be made on account of any pension or benefit in lieu of a pension granted to a member from the Teachers' Pension and Annuity Fund, computed on the basis of such mortality tables recommended by the actuary as the board of trustees adopts, with regular interest.

k. "Present-entrant" means any member of the Teachers' Pension and Annuity Fund who had established status as a "present-entrant member" of said fund prior to January 1, 1956.

l. "Rate of contribution initially certified" means the rate of contribution certified by the retirement system in accordance with N.J.S.18A:66-29.

m. "Regular interest" shall mean interest as determined by the State Treasurer, after consultation with the Directors of the Divisions of Investment and Pensions, the board of trustees and the actuary. It shall bear a reasonable relationship to the percentage rate of earnings on investments based on the market value of assets but shall not exceed the assumed percentage rate of increase applied to salaries plus 3%, provided however that the board of trustees shall not set the average percentage rate of increase applied to salaries below 6%.

n. "Retirement allowance" means the pension plus the annuity.

o. "School service" means any service as a "teacher" as defined in this section.

p. "Teacher" means any regular teacher, special teacher, helping teacher, teacher clerk, principal, vice-principal, supervisor, supervising principal, director, superintendent, city superintendent, assistant city superintendent, county superintendent, State Commissioner or Assistant Commissioner of Education, members of the State Department of Education who are certificated, unclassified professional staff and other members of the teaching or professional staff of any class, public school, renaissance school project established pursuant to P.L.2011, c.176 (C.18A:36C-1 et seq.) upon commencement of employment, high school, normal school, model school, training school, vocational school, truant reformatory school, or parental school, and of any and all classes or schools within the State conducted under the order and superintendence, and wholly or partly at the expense of the State Board of Education, of a duly elected or appointed board of education, board of school directors, or board of trustees of the State or of any school district or normal school district thereof, and any persons under contract or engagement to perform one or more of these functions. It shall also mean any person who serves, while on an approved leave of absence from regular duties as a teacher, as an officer of a local, county or State labor organization which represents, or is affiliated with an organization which represents, teachers as defined in this subsection. No person shall be deemed a teacher within the meaning of this article who is a substitute teacher. In all cases of doubt the board of trustees shall determine whether any person is a teacher as defined in this article.

q. "Teachers' Pension and Annuity Fund," hereinafter referred to as the "retirement system" or "system," is the corporate name of the arrangement for the payment of retirement allowances and other benefits under the provisions of this article, including the several funds placed under said system. By that name all its business shall be transacted, its funds invested, warrants for money drawn, and payments made and all of its cash and securities and other property held.

r. "Veteran" means any honorably discharged officer, soldier, sailor, airman, marine or nurse who served in any Army, Air Force or Navy of the Allies of the United States in World War I between July 14, 1914, and November 11, 1918, or who served in any Army, Air Force or Navy of the Allies of the United States in World War II, between September 1, 1939, and September 2, 1945, and who was inducted into such service through voluntary enlistment, and was a citizen of the United States at the time of such enlistment, and who did not, during or by reason of such service, renounce or lose United States citizenship, and any officer, soldier, sailor, marine, airman, nurse or army field clerk who has served in the active military or naval service of the United States and has or shall be discharged or released therefrom under conditions other than dishonorable, in any of the following wars, uprisings, insurrections, expeditions or emergencies, and who has presented to the retirement system evidence of such record of service in form and content satisfactory to said retirement system:

(1) The Indian wars and uprisings during any of the periods recognized by the War Department of the United States as periods of active hostility;

(2) The Spanish-American War between April 20, 1898, and April 11, 1899;

(3) The Philippine insurrections and expeditions during the periods recognized by the War Department of the United States as of active hostility from February 4, 1899, to the end of 1913;

(4) The Peking relief expedition between June 20, 1900, and May 27, 1902;

(5) The army of Cuban occupation between July 18, 1898, and May 20, 1902;

(6) The army of Cuban pacification between October 6, 1906, and April 1, 1909;

(7) The Mexican punitive expedition between March 14, 1916, and February 7, 1917;

(8) The Mexican border patrol, having actually participated in engagements against Mexicans between April 12, 1911, and June 16, 1919;

(9) World War I, between April 6, 1917, and November 11, 1918;

(10) World War II, between September 16, 1940, and December 31, 1946, who shall have served at least 90 days in such active service, exclusive of any period of assignment (1) for a course of education or training under the Army Specialized Training Program or the Navy College Training Program, which course was a continuation of a civilian course and was pursued to completion, or (2) as a cadet or midshipman at one of the service academies, any part of which 90 days was served between said dates; provided that any person receiving an actual service-incurred injury or disability shall be classed as a veteran, whether or not that person has completed the 90-day service as herein provided;

(11) Korean conflict on or after June 23, 1950, and on or prior to January 31, 1955, who shall have served at least 90 days in such active service, exclusive of any period of assignment (1) for a course of education or training under the Army Specialized Training Program or the Navy College Training Program, which course was a continuation of a civilian course and was pursued to completion, or (2) as a cadet or midshipman at one of the service academies, any part of which 90 days was served between said dates; provided that any person receiving an actual service-incurred injury or disability shall be classed as a veteran, whether or not that person has completed the 90-day service as herein provided; and provided further that any member classed as a veteran pursuant to this subsection prior to August 1, 1966, shall continue to be classed as a veteran, whether or not that person completed the 90-day service between said dates as herein provided;

(12) Lebanon crisis, on or after July 1, 1958, who has served in Lebanon or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least 14 days commencing on or before November 1, 1958 or the date of termination of that conflict, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;

(13) Vietnam conflict, on or after December 31, 1960, and on or prior to May 7, 1975, who shall have served at least 90 days in such active service, exclusive of any period of assignment (1) for a course of education or training under the Army Specialized Training Program or the Navy College Training Program, which course was a continuation of a civilian course and was pursued to completion, or (2) as a cadet or midshipman at one of the service academies, any part of which 90 days was served between said dates; and exclusive of any service performed pursuant to the provisions of section 511(d) of Title 10, United States Code, pursuant to an enlistment in the Army National Guard or as a reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve; provided that any person receiving an actual service-incurred injury or disability shall be classed as a veteran, whether or not that person has completed the 90-day service as herein provided;

(14) Lebanon peacekeeping mission, on or after September 26, 1982, who has served in Lebanon or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least 14 days commencing on or before December 1, 1987 or the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;

(15) Grenada peacekeeping mission, on or after October 23, 1983, who has served in Grenada or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least 14 days commencing on or before November 21, 1983 or the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;

(16) Panama peacekeeping mission, on or after December 20, 1989 or the date of inception of that mission, as proclaimed by the President of the United States or Congress, whichever date of inception is earliest, who has served in Panama or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least 14 days commencing on or before January 31, 1990 or the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;

(17) Operation "Desert Shield/Desert Storm" mission in the Arabian peninsula and the Persian Gulf, on or after August 2, 1990 or the date of inception of that operation, as proclaimed by the President of the United States or Congress, whichever date of inception is earliest, who has served in the Arabian peninsula or on board any ship actively engaged in patrolling the Persian Gulf for a period, continuous or in the aggregate, of at least 14 days commencing on or before the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;

(18) Operation Northern Watch and Operation Southern Watch, on or after August 27, 1992, or the date of inception of that operation, as proclaimed by the President of the United States, Congress or United States Secretary of Defense, whichever date of inception is earliest, who served in the theater of operation, including in the Arabian peninsula and the Persian Gulf, and in direct support of that operation for a period, continuously or in the aggregate, of at least 14 days in such active service, commencing on or before the date of termination of the operation, as proclaimed by the President of the United States, Congress or United States Secretary of Defense, whichever date of termination is latest; provided, that any person receiving an actual service-incurred injury or disability while engaged in such service shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;

(19) Operation "Restore Hope" in Somalia, on or after December 5, 1992, or the date of inception of that operation as proclaimed by the President of the United States or Congress, whichever date is earliest, who has served in Somalia or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuously or in the aggregate, of at least 14 days in such active service commencing on or before March 31, 1994; provided that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14-day service as herein provided;

(20) Operations "Joint Endeavor" and "Joint Guard" in the Republic of Bosnia and Herzegovina, on or after November 20, 1995, who served in such active service in direct support of one or both of the operations for at least 14 days, continuously or in the aggregate, commencing on or before June 20, 1998, and (1) was deployed in that nation or in another area in the region, or (2) was on board a United States naval vessel operating in the Adriatic Sea, or (3) operated in airspace above the Republic of Bosnia and Herzegovina; provided that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person completed the 14-day service requirement;

(21) Operation "Enduring Freedom", on or after September 11, 2001, who served in a theater of operation and in direct support of that operation for a period, continuously or in the aggregate, of at least 14 days in such active service commencing on or before the date the President of the United States or the United States Secretary of Defense designates as the termination date of that operation; provided, that any person receiving an actual service-incurred injury or disability while engaged in such service shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided; and

(22) Operation "Iraqi Freedom", on or after the date the President of the United States or the United States Secretary of Defense designates as the inception date of that operation, who served in Iraq or in another area in the region in direct support of that operation for a period, continuously or in the aggregate, of at least 14 days in such active service commencing on or before the date the President of the United States or the United States Secretary of Defense designates as the termination date of that operation; provided, that any person receiving an actual service-incurred injury or disability while engaged in such service shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided.

"Veteran" also means any honorably discharged member of the American Merchant Marine who served during World War II and is declared by the United States Department of Defense to be eligible for federal veterans' benefits.

s. "Child" means a deceased member's unmarried child either (a) under the age of 18 or (b) of any age who, at the time of the member's death, is disabled because of mental retardation or physical incapacity, is unable to do any substantial, gainful work because of the impairment and the impairment has lasted or can be expected to last for a continuous period of not less than 12 months, as affirmed by the medical board.

t. (1) "Widower," for employees of the State, means the man to whom a member was married, or a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), at least five years before the date of her death and to whom she continued to be married or a domestic partner until the date of her death and who was receiving at least one-half of his support from the member in the 12-month period immediately preceding the member's death or the accident which was the direct cause of the member's death. The dependency of such a widower will be considered terminated by marriage of, or establishment of a domestic partnership by, the widower subsequent to the death of the member. In the event of the payment of an accidental death benefit, the five-year qualification shall be waived.

(2) Subject to the provisions of paragraph (3) of this subsection, "widower," for employees of public employers other than the State, means the man to whom a member was married at least five years before the date of her death and to whom she continued to be married until the date of her death and who was receiving at least one-half of his support from the member in the 12-month period immediately preceding the member's death or the accident which was the direct cause of the member's death. The dependency of such a widower shall be considered terminated by marriage of the widower subsequent to the death of the member. In the event of the payment of an accidental death benefit, the five-year qualification shall be waived.

(3) A public employer other than the State may adopt a resolution providing that the term "widower" as defined in paragraph (2) of this subsection shall include domestic partners as provided in paragraph (1) of this subsection.

u. (1) "Widow," for employees of the State, means the woman to whom a member was married, or a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), at least five years before the date of his death and to whom he continued to be married or a domestic partner until the date of his death and who was receiving at least one-half of her support from the member in the 12-month period immediately preceding the member's death or the accident which was the direct cause of the member's death. The dependency of such a widow will be considered terminated by the marriage of, or establishment of a domestic partnership by, the widow subsequent to the member's death. In the event of the payment of an accidental death benefit, the five-year qualification shall be waived.

(2) Subject to the provisions of paragraph (3) of this subsection, "widow," for employees of public employers other than the State, means the woman to whom a member was married at least five years before the date of his death and to whom he continued to be married until the date of his death and who was receiving at least one-half of her support from the member in the 12-month period immediately preceding the member's death or the accident which was the direct cause of the member's death. The dependency of such a widow shall be considered terminated by the marriage of the widow subsequent to the member's death. In the event of the payment of an accidental death benefit, the five-year qualification shall be waived.

(3) A public employer other than the State may adopt a resolution providing that the term "widower" as defined in paragraph (2) of this subsection shall include domestic partners as provided in paragraph (1) of this subsection.

v. "Parent" means the parent of a member who was receiving at least one-half of the parent's support from the member in the 12-month period immediately preceding the member's death or the accident which was the direct cause of the member's death. The dependency of such a parent will be considered terminated by marriage of the parent subsequent to the death of the member.

w. "Medical board" means the board of physicians provided for in N.J.S.18A:66-56.

x. (1) "Spouse," for employees of the State, means the husband or wife, or domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), of a member.

(2) Subject to the provisions of paragraph (1) of this subsection, "spouse," for employees of public employers other than the State, means the husband or wife of a member.

(3) A public employer other than the State may adopt a resolution providing that the term "spouse" as defined in paragraph (2) of this subsection shall include domestic partners as provided in paragraph (1) of this subsection.

##### **§ 18A:66-2.1** Teachers; membership in Teachers' Pension and Annuity Fund {#sec-18a-66-2.1 omnilex-key=us-nj-statutes--title-18a--18A:66-2.1}

Any individual in the categories specified in section 1 p. of this act, who was a member of the Teachers' Pension and Annuity Fund on December 11, 1975, shall be considered to be in continuous membership in that system.

##### **§ 18A:66-2.2** Veteran status determined for retirement allowance. {#sec-18a-66-2.2 omnilex-key=us-nj-statutes--title-18a--18A:66-2.2}

4. The Commissioner of the Department of Veterans Affairs shall be responsible for determining whether any person seeking to be considered a "veteran" under N.J.S.18A:66-2, for the purpose of eligibility for a veteran's retirement allowance, meets the criteria set forth therein and adjudicating an appeal from any person disputing this determination. The determination of the commissioner shall be binding upon the Division of Pensions and Benefits.

##### **§ 18A:66-3** Teachers' pension and annuity fund continued {#sec-18a-66-3 omnilex-key=us-nj-statutes--title-18a--18A:66-3}

Notwithstanding the repeal of sections 24 to 110, inclusive, of chapter 13 of Title 18 of the Revised Statutes with all amendments and supplements thereto, as of January 1, 1956, by section 3 of chapter 37 of the laws of 1955, saved from repeal in section 18A:66-91 of this article, and the further repeal of all of the other sections of said chapter 13 of Title 18 of the Revised Statutes by section 18A:76-3 of this law, the teachers' pension and annuity fund is continued with its membership and all of its securities, investments and other assets and, except as otherwise provided in this article, all obligations and liabilities existing as of the effective date of this article, shall be hereafter administered in accordance with the provisions of this article and any benefits and allowances granted under the statutes repealed by said section prior to the effective date of this article shall be continued in the same manner and under the same conditions as originally granted.

##### **§ 18A:66-4** Membership. {#sec-18a-66-4 omnilex-key=us-nj-statutes--title-18a--18A:66-4}

a. The membership of the retirement system shall consist of:

(a) all members of the teachers' pension and annuity fund enrolled as such as of December 31, 1955;

(b) any person becoming a teacher on or after January 1, 1956, except any person who has attained the age of 60 years prior to becoming a teacher after June 30, 1958 but before July 1, 1968;

(c) every teacher veteran as of January 1, 1956, who is not a member of the "Teachers' Pension and Annuity Fund" as of such date and who shall not have notified the board of trustees within 30 days of such date that he does not desire to become a member; (d) any teacher employed on January 1, 1956, who is not a member of the Teachers' Pension and Annuity Fund and who elects to become a member under the provisions of N.J.S.18A:66-10.

b. (1) Before or on November 1, 2008, no person in employment, office or position, for which the annual salary or remuneration is fixed at less than $500.00 shall be eligible to become a member of the retirement system.

(2) After November 1, 2008, a person who was a member of the retirement system on that date and continuously thereafter shall be eligible to be a member of the retirement system in employment, office or position, for which the annual salary or remuneration is fixed at $500 or more.

(3) After November 1, 2008 and before or on the effective date of P.L.2010, c.1, a person who was not a member of the retirement system on November 1, 2008, or who was a member of the retirement system on that date but not continuously thereafter, and who is in employment, office or position, for which the annual salary or remuneration is certified by the applicable public entity at $7,500 or more, shall be eligible to become a member of the retirement system. The $7,500 minimum annual salary or remuneration amount shall be adjusted annually by the Director of the Division of Pensions and Benefits, by regulation, in accordance with changes in the Consumer Price Index but by no more than 4 percent. "Consumer Price Index" means the average of the annual increase, expressed as a percentage, in the consumer price index for all urban consumers in the New York City and Philadelphia metropolitan statistical areas during the preceding calendar year as reported by the United States Department of Labor.

(4) After the effective date of P.L.2010, c.1, no person in an employment, office or position of the State, or an agency, board, commission, authority or instrumentality of the State, for which the hours of work are fixed at fewer than 35 per week shall be eligible to become a member of the retirement system; and no person in employment, office or position with a board of education or other education employer for which the hours of work are fixed by a resolution of the board of education or other education employer at fewer than 32 per week shall be eligible to become a member of the retirement system. Any hour or part thereof, during which the person does not work due to the person's participation in a voluntary or mandatory furlough program shall not be deducted in determining if a person's hours of work are fixed at fewer than 35 or 32 per week, as appropriate, for the purpose of eligibility.

##### **§ 18A:66-4.1** Appeal for person denied membership in TPAF. {#sec-18a-66-4.1 omnilex-key=us-nj-statutes--title-18a--18A:66-4.1}

13. An appeal by any person who is denied membership in the Teachers' Pension and Annuity Fund shall be transmitted as a contested case, along with all relevant materials and documents, by the State Treasurer to the Office of Administrative Law which shall conduct an adjudicatory proceeding thereon pursuant to the "Administrative Procedure Act," P.L.1968, C.410 (C.52:14B-1 et seq.).

##### **§ 18A:66-4.2** Inapplicability of certain statutes relative to certain transferred service credit. {#sec-18a-66-4.2 omnilex-key=us-nj-statutes--title-18a--18A:66-4.2}

34. The provisions of N.J.S.18A:66-2, N.J.S.18A:66-36, N.J.S.18A:66-37, N.J.S.18A:66-44, and N.J.S.18A:66-71 concerning persons who become members of the retirement system on or after the effective date of P.L.2010, c.1 shall not apply to a person who at the time of enrollment in the retirement system on or after that effective date transfers service credit, as permitted, from another State-administered retirement system of which the person was a member immediately prior to the effective date and continuously thereafter, but shall apply to a former member of the retirement system who has been granted a retirement allowance and is reenrolled in the retirement system on or after that effective date after becoming employed again in a position that makes the person eligible to be a member of the retirement system.

##### **§ 18A:66-5** Classes of members {#sec-18a-66-5 omnilex-key=us-nj-statutes--title-18a--18A:66-5}

The retirement system shall classify the members in such groups by age as it may determine for actuarial purposes.

The system shall further classify the membership by benefit rates as class A or class B members, as follows:

"Class A" shall include those members who contribute to the annuity savings fund at a per centum salary, computed to be sufficient, with regular interest, to procure for the member, one retirement for service, an annuity equal to 1/140 of his final compensation for each year of service as a member.

"Class B" shall include those members who have elected or who shall hereafter contribute to the annuity savings fund at a higher rate per centum, computed to be sufficient, with regular interest, to procure for the member, on retirement for service, an annuity equal to 1/120 of his final compensation for each year of service as a member.

Any member on December 31, 1955, may by his election contribute to the retirement system at the rate of contribution applicable to class B members of the public employees' retirement system as of January 2, 1955, based upon the member's age when he last became a member. He shall thereafter be classified as a class B member. Any such member may elect to increase his accumulated deductions by the amount deemed necessary by the board of trustees on the advice of the actuary in order to receive credit as a class B member for all or part of his service prior to the date of such election. The board of trustees shall establish the necessary rules governing the election by members of class B credit for all service.

Any member on December 31, 1955, who is not a veteran and who does not elect to receive class B credit for all or any portion of his service shall receive credit as a class A member for all service not credited as class B service. Any such member who does not elect class B membership shall contribute at the rate of contribution initially certified to him upon his last becoming a member; provided, however, that any such person who became a member after June 30, 1946, shall have his contributions on and after January 1, 1955, based on the rates of contribution applicable on June 30, 1946, for his age at the time he last became a member.

##### **§ 18A:66-5.1** Increase in TPAF retirement allowance. {#sec-18a-66-5.1 omnilex-key=us-nj-statutes--title-18a--18A:66-5.1}

15. The retirement allowance of each retiree under N.J.S.18A:66-36, N.J.S.18A:66-37, N.J.S.18A:66-44, and N.J.S.18A:66-71d., or the retiree's beneficiary pursuant to N.J.S.18A:66-47, on the effective date of this act, P.L.2001, c.133, shall be increased by a percentage equivalent to the percentage increase in the fraction of final compensation for each year of credited service for the total retirement allowance under these sections made by this act, P.L.2001, c.133. The provisions of section 7 of P.L.1969, c.169 (C.43:3B-8) shall not be applicable to the increases in retirement allowances provided by this section.

##### **§ 18A:66-6** New members placed in class B {#sec-18a-66-6 omnilex-key=us-nj-statutes--title-18a--18A:66-6}

Any person becoming a member on or after January 1, 1956, shall become a class B member as a condition of his employment, and thereafter shall participate in the retirement system under the same conditions and with the same rights and privileges as other members, except as hereinafter provided.

##### **§ 18A:66-6.1** Membership required as condition of employment; delayed filing; contribution; payment. {#sec-18a-66-6.1 omnilex-key=us-nj-statutes--title-18a--18A:66-6.1}

39. a. In the case of any person who was required to become a member of the retirement system as a condition of employment, and whose application for enrollment in the retirement system or whose application for transfer from one employer to another within the system was filed beyond the effective date for his compulsory enrollment in the system or his transfer within the system, such person shall be required to purchase membership credit for his compulsory coverage by paying into the annuity savings fund the amount required by applying, in accordance with N.J.S.18A:66-29, his rate of contribution on his current base salary subject to the retirement system for each year of previous service during which he was required to have been a member.

b. If more than 1 year has elapsed from the time that contributions would have been required from such person, 1/2 of the employee's cost established by the computation provided by subsection a. of this section, will be required of his employer and shall be included in the next budget subsequent to the certification of this special liability by the retirement system. The amount certified by the system shall be payable by the employer to the contingent reserve fund and shall be due and owing to the system even if the employee is no longer in the employ of the employer by the date such moneys are to be paid to the system.

c. The employee's obligation may be satisfied by regular installments, equal to at least 1/2 of the normal contribution to the retirement system, over a maximum period of 10 years, but not more than 2 years in the case of any employee who has attained or will attain age 60 within the 2-year period or, for a person who became a member of the retirement system on or after the effective date of P.L.2008, c.89, has attained or will attain age 62 within the 2-year period.

d. In the case of any person coming under the provisions of this section, full pension credit for the period of employment for which arrears are being paid by the employee shall be given upon the payment of at least 1/2 of the total employee's arrearage obligation and the completion of 1 year of membership and the making of such arrears payments, except that in the case of retirement pursuant to N.J.S.18A:66-36, 18A:66-37, 18A:66-44 and 18A:66-71, the total membership credit for such service shall be in direct proportion as the amount paid bears to the total amount of the arrearage obligation of the employee.

##### **§ 18A:66-7** Cessation of membership. {#sec-18a-66-7 omnilex-key=us-nj-statutes--title-18a--18A:66-7}

Membership of any person shall cease:

(a) if, except as provided in N.J.S.18A:66-8, he shall discontinue his service for more than 10 consecutive years;

(b) upon the withdrawal by a member of his accumulated deductions as provided in this article;

(c) upon resignation and election to receive, in lieu of the return of his accumulated deductions, the benefits provided in N.J.S.18A:66-36 and N.J.S.18A:66-37;

(d) upon retirement;

(e) at death;

but not otherwise except as provided in this article.

The pension fund shall send written notice in care of the last employer of a member at least 60 days in advance of the date on which his inactive membership shall expire as provided in subsection (a) of this section.

##### **§ 18A:66-8** Continuance of membership. {#sec-18a-66-8 omnilex-key=us-nj-statutes--title-18a--18A:66-8}

a. If a teacher:

(1) is dismissed by an employer by reason of reduction in number of teachers employed in the school district, institution, or department when in the judgment of the employer it is advisable to abolish any office, position, or employment for reasons of a reduction in the number of pupils, economy, a change in the administrative or supervisory organization, or other good cause; becomes unemployed by reason of the creation of a regional school district or a consolidated school district; has been discontinued from service without personal fault or through leave of absence granted by an employer or permitted by any law of this State; or meets the eligibility requirements of N.J.S.18A:66-36; and

(2) has not withdrawn the accumulated member's contributions from the retirement system, the teacher's membership may continue, notwithstanding any provisions of this article, if the member returns to service within a period of 15 years from the date of discontinuance from service, provided, however, that this paragraph shall be administered consistent with rules governing minimum required distributions from a qualified retirement plan, as those terms are defined pursuant to section 4974 of the federal Internal Revenue Code of 1986, 26 U.S.C. s. 4974.

No credit for retirement purposes shall be allowed to the member covering the period of discontinuance, except as provided in this section. In computing the service or in computing final compensation, no time after September 1, 1919, during which a member shall have been employed as a teacher at an annual salary or remuneration, or a number of hours of work, fixed at less than that which is required for membership pursuant to N.J.S.18A:66-4 as applicable to the member shall be credited. In computing the service or in computing final compensation, no time after the effective date of P.L.2010, c.1, during which a member shall have been employed as a teacher for fewer than 32 hours per week shall be credited, unless the member shall have been a member since that effective date continuously. In the case of a veteran member, credit shall be given for service rendered prior to January 1, 1955, in an employment, office, or position if the annual salary or remuneration therefor was fixed at not less than $300.00 and the service consisted of the performance of the full duties of the employment, office or position.

b. A teacher may purchase credit for time during which the teacher shall have been absent on an official leave without pay. The credit shall be purchased for a period of time equal to:

(1) three months or the duration of the leave, whichever is less; or

(2) if the leave was due to the member's personal illness, two years or the duration of the leave, whichever is less; or

(3) the period of leave that is specifically allowed for retirement purposes by the provisions of any law of this State.

The purchase shall be made in the same manner and be subject to the same terms and conditions provided for the purchase of previous membership service by N.J.S.18A:66-9.

##### **§ 18A:66-8a** Return to service, eligibility, enrollment in the fund. {#sec-18a-66-8a omnilex-key=us-nj-statutes--title-18a--18A:66-8a}

6. a. A person who returns to service with an employer within the time period set forth in N.J.S.18A:66-7 or N.J.S.18A:66-8 shall be eligible for enrollment in the fund based on the eligibility requirements for enrollment set forth in N.J.S.18A:66-4 for the member’s tier at the time of the member’s termination of service prior to the return.

b. A person who returned to service with an employer prior to the effective date of P.L.2025, c.147 (C.18A:66-8a et al.) within the time period set forth in N.J.S.18A-66-7, as amended, or N.J.S.18A:66-8, as amended, shall be enrolled in the fund in accordance with subsection a. of this section by the Division of Pensions and Benefits and shall be placed in the member’s tier at the time of the member’s termination of service prior to the return.

There shall be no additional contributions imposed on the member or the member’s employer.

The division shall make such adjustments and transfers as shall be necessary to ensure the enrollment of the member in the fund and placement in the same tier pursuant to this subsection.

##### **§ 18A:66-8.1** Discontinuance from teaching service through voluntary service in Peace Corps; continuance of membership; conditions {#sec-18a-66-8.1 omnilex-key=us-nj-statutes--title-18a--18A:66-8.1}

If a teacher has been or hereafter shall be discontinued from teaching service through voluntary service in the Peace Corps of the United States, his membership in the Teachers' Pension and Annuity Fund shall continue if he has not withdrawn his accumulated deductions, and if he returns to teaching service within a period of 5 years from the date of his discontinuance from service. Any previously held account in the Teachers' Pension and Annuity Fund which has expired as a result of such a discontinuance shall be reconstructed, and credit for retirement purposes shall be allowed to such member covering the period of his service in the Peace Corps. The method of computation, the terms of the purchase and the credit granted shall be identical to those stipulated for the purchase of previous membership service by members of the fund as provided in N.J.S. 18A:66-9.

##### **§ 18A:66-9** Resumption of discontinued membership {#sec-18a-66-9 omnilex-key=us-nj-statutes--title-18a--18A:66-9}

If a teacher who has withdrawn the accumulated member's contributions from the retirement system as provided in N.J.S.18A:66-34 is reenrolled as a member, that teacher may purchase credit for all of the previous membership service by paying into the annuity savings fund the amount required by applying the factor, supplied by the actuary as being applicable to the member's age at the time of the purchase, to the member's salary at that time, or to the highest annual compensation for service in this State for which contributions shall have been made during any fiscal year of membership or to the highest annual compensation for service in this State during any fiscal year for which credit is purchased, whichever is highest. The purchase may be made in regular installments, equal to at least one half the full normal contribution to the retirement system, over a maximum period of 10 years.

Any member electing to purchase service credit hereunder who retires prior to completing the payments as agreed with the retirement system will receive pro rata credit for service purchased prior to the date of retirement, but if the member so elects at the time of retirement, the member may make the additional lump-sum payment required at that time to provide full credit.

##### **§ 18A:66-10** Nonmembers may join {#sec-18a-66-10 omnilex-key=us-nj-statutes--title-18a--18A:66-10}

Any person who was employed as a teacher prior to January 2, 1955 and who did not join the Teachers' Pension and Annuity Fund may join at any time. The person shall have the option of joining the retirement system as a new member upon proper application with no credit for previous service, or of purchasing membership credit for this previous service. The purchase shall be made in the same manner and be subject to the same terms and conditions provided for the purchase of previous membership service by N.J.S.18A:66-9.

Any person coming under the provisions of this section shall not be allowed any of the death benefits established by N.J.S.18A:66-38, N.J.S.18A:66-41, N.J.S.18A:66-42, N.J.S.18A:66-44, N.J.S.18A:66-46 and N.J.S.18A:66-53 unless he becomes a member within 12 months after January 1, 1956, or furnishes satisfactory evidence of insurability.

##### **§ 18A:66-11** Teachers in military service may enroll {#sec-18a-66-11 omnilex-key=us-nj-statutes--title-18a--18A:66-11}

Any teacher who had entered or shall hereafter enter into the active air, military or naval service of the United States before making application for enrollment in the retirement system shall be accepted as a member upon his filing application; provided, such application is made within 3 months after entry into such active air, military or naval service, and his regular salary deduction as provided by section 18A:66-29 shall be paid to the retirement system by the employer as provided by chapter 252 of the laws of 1942, as amended by chapter 326 of the laws of 1942.

##### **§ 18A:66-13** Prior service credit. {#sec-18a-66-13 omnilex-key=us-nj-statutes--title-18a--18A:66-13}

A member may file a detailed statement of: a. school service and service in a similar capacity in other states and in schools within and outside the United States operated by a department of the United States Government for the instruction of the children of United States Government officers and employees, or b. other public employment in other states or with the United States Government which would be eligible for credit in a State-administered retirement system if the employment was with a public employer in this State, or c. military service in the Armed Forces of the United States, rendered prior to becoming a member, for which the member desires credit, and of such other facts as the retirement system may require. The member may purchase credit for all or a portion of the service evidenced in the statement up to the nearest number of years and months, but not exceeding 10 years, provided however, that a member purchasing that maximum credit may purchase up to five additional years for additional military service qualifying the member as a veteran as defined in N.J.S.18A:66-2. No application shall be accepted for the purchase of credit for such service if, at the time of application, the member has a vested right to retirement benefits in another retirement system based in whole or in part upon that service.

The member may purchase credit for the service by paying into the annuity savings fund the amount required by applying the factor, supplied by the actuary as being applicable to the member's age at the time of the purchase, to the member's salary at that time, or to the highest annual compensation for service in this State for which contributions were made during any prior fiscal year of membership, whichever is greater. The purchase may be made in regular installments, equal to at least one-half the full normal contribution to the retirement system, over a maximum period of 10 years. Neither the State nor the employer of a member who applies to purchase credit for public employment with the United States Government pursuant to subsection b. of this section or for military service pursuant to subsection c. of this section shall be liable for any payment to the retirement system on behalf of the member for the purchase of this credit.

Notwithstanding any provision of this act to the contrary, a member shall not be liable for any costs associated with the financing of pension adjustment benefits and health care benefits for retirees when purchasing credit for school service, public employment in other states or with the United States Government, or military service in the Armed Forces of the United States.

Any member electing to purchase the service who retires prior to completing payments as agreed with the retirement system will receive pro rata credit for service purchased prior to the date of retirement, but if the member so elects at the time of retirement, the member may make the additional lump sum payment required at that time to provide full credit.

Notwithstanding any other provision of law to the contrary, service credit established in the retirement system by a member through purchase in accordance with this section, which purchase was made by an application submitted on or after the effective date of P.L.2008, c.89, except a purchase for military service in the Armed Forces of the United States, shall not be eligible for consideration when service is used to determine the qualification of the member for any health care benefits coverage paid, in whole or in part, by a public employer after the member's retirement.

##### **§ 18A:66-14** Credit for temporary service {#sec-18a-66-14 omnilex-key=us-nj-statutes--title-18a--18A:66-14}

Any person employed temporarily as a teacher whose temporary employment resulted, without interruption, in permanent employment, and any person who was employed as a substitute immediately prior to permanent employment may purchase credit for the temporary or substitute service. The purchase shall be made in the same manner and be subject to the same terms and conditions provided for the purchase of previous membership service by N.J.S.18A:66-9.

##### **§ 18A:66-14.1** Credit for military service {#sec-18a-66-14.1 omnilex-key=us-nj-statutes--title-18a--18A:66-14.1}

Any member of the retirement system, born in 1920, having at least 33 years of service credit as an employee of the same school district, which is coterminous with a municipality that had a population of 7,000 to 8,000 people, according to the 1970 census, and said municipality is designated as the county seat of a county of the third class that had a population of 75,000 to 100,000, according to the 1970 census, and borders both the States of New York and Pennsylvania, and who prior to said service served said district in a temporary capacity for a period of not less than 3 months, following which said member was inducted into the U.S. Army and served therein from July 15, 1942, to December, 1945, and then was recalled and served as an officer in the U.S. Army from September, 1950, to June, 1952, receiving an honorable discharge at the conclusion of his military service, shall be granted credit for said military service during 1942 to 1945 to the same extent that he would have been entitled to credit for said service if his temporary employment with the school district had been on a permanent basis.

##### **§ 18A:66-14.2** Retirement system credit to member on leave of absence {#sec-18a-66-14.2 omnilex-key=us-nj-statutes--title-18a--18A:66-14.2}

a. Any person who serves, while on an approved leave of absence from regular duties as a teacher, as an officer of a local, county or State labor organization which represents, or is affiliated with an organization which represents, teachers as defined in N.J.S.18A:66-2, shall receive credit in the retirement system for the service. The person receiving the credit shall be liable, with respect to the service to be credited, for payment to the retirement system of both the contributions that would have been required under N.J.S.18A:66-29 and N.J.S.18A:66-31 and the contributions that would have been required under N.J.S.18A:66-33 if that service had been rendered as regular teaching service to the employer granting the leave of absence. The contributions shall be based upon the compensation that would have been received by the person under the locally negotiated salary guide had that person remained in regular teaching service.

b. Any person who, prior to the effective date of this 1989 amendatory and supplementary act, has rendered service as defined in subsection a. and who has not received credit in the retirement system for that service may elect, within one year after that effective date, to purchase credit for the service. The cost of the purchase shall be computed by applying the factor, supplied by the actuary as being applicable to the member's age at the time of the purchase and necessary to provide for the full cost, as considered in developing the purchase factors for military service, attributable to the purchased credit, to the member's salary at that time for a member in regular teaching service or the salary the member would be receiving at that time on the locally negotiated salary guide for a member serving as an officer of a local, county or State labor organization. All other terms of the purchase and the credit granted shall be as stipulated for the purchase of previous membership service by N.J.S.18A:66-9.

##### **§ 18A:66-15** Service credit for retirement. {#sec-18a-66-15 omnilex-key=us-nj-statutes--title-18a--18A:66-15}

In computing for retirement or for purposes of resignation or separation from service under N.J.S.18A:66-36 and N.J.S.18A:66-37 the total service of a member about to be retired, the retirement system shall credit him with all service rendered by him since he last became a member and, in addition, with all the service to which he is entitled and with no other service. Except as otherwise provided in this article, such service credit shall be final and conclusive for retirement purposes, or for purposes of resignation under N.J.S.18A:66-36 and N.J.S.18A:66-37, unless the member shall discontinue his service for more than 10 consecutive years. In the case of a member for whom compensation is defined in paragraph (2) of subsection d. of N.J.S.18A:66-2, the retirement system shall credit the member with the time of all service rendered by the member during the part of any year that the member was a participant of the Defined Contribution Retirement Program, pursuant to paragraph (5) of subsection a. of section 2 of P.L.2007, c.92 (C.43:15C-2) as amended by section 12 of P.L.2007, c.103, and making contributions to that program.

For the purpose of computing service for retirement purposes, the board of trustees shall fix and determine by appropriate rules and regulations how much service in any year shall equal a year of service and part of a year of service. Not more than one year shall be credited for all service in a calendar year.

##### **§ 18A:66-15.1** Transfer or purchase of credit for service in other systems. {#sec-18a-66-15.1 omnilex-key=us-nj-statutes--title-18a--18A:66-15.1}

a. A member who is a member of another State-administered retirement system or pension fund at the time of enrollment in the Teachers' Pension and Annuity Fund and who does not contribute to the other system or fund after that time may transfer the service credit in the other system or fund to the Teachers' Pension and Annuity Fund upon application and transfer of the member's contributions from the other system or fund to the fund. If the member has withdrawn the contributions to the other retirement system or pension fund, the member may purchase credit for the service in the other system or fund. The purchase shall be made in the same manner and be subject to the same terms and conditions provided for the purchase of previous membership service by N.J.S.18A:66-9.

b. A member of the retirement system who had established service credit in a municipal or county retirement system or pension fund, and who was ineligible to transfer the service credit to the retirement system and withdrew contributions from the municipal or county retirement system or pension fund, may purchase credit for all of the member's service in that retirement system or pension fund by paying into the annuity savings fund the amount required by applying the factor, supplied by the actuary, as being applicable to the member's age at the time of the purchase, to the member's salary at that time, or to the highest annual compensation for service in this State for which contributions were made during any prior fiscal year of membership, whichever is greater. The terms of the purchase and the credit granted shall be identical, except as otherwise herein provided, to those stipulated for the purchase of previous membership service by members of the retirement system as provided by N.J.S.18A:66-9.

c. A member who is a member of the Public Employees' Retirement System, established pursuant to P.L.1954, c.84 (C.43:15A-1 et seq.), at the time of enrollment in the Teachers' Pension and Annuity Fund and who within three years of the date of that enrollment ceases to be an active contributing member of the Public Employees' Retirement System may transfer all service credit in the Public Employees' Retirement System to the Teachers' Pension and Annuity Fund upon application and transfer of the member's contributions from the Public Employees' Retirement System to the Teachers' Pension and Annuity Fund. If the member has withdrawn the contributions to the Public Employees' Retirement System, the member may purchase credit for the service. The purchase shall be made in the same manner and be subject to the same terms and conditions provided for the purchase of previous membership service by N.J.S.18A:66-9.

##### **§ 18A:66-16** Creation of funds. {#sec-18a-66-16 omnilex-key=us-nj-statutes--title-18a--18A:66-16}

There shall be in the retirement system the contingent reserve fund, annuity savings fund, retirement reserve fund, pension fund, special reserve fund, interest fund, benefit enhancement fund and the members' death benefit fund.

##### **§ 18A:66-17** Expenses paid by State, reimbursement. {#sec-18a-66-17 omnilex-key=us-nj-statutes--title-18a--18A:66-17}

The expenses of administration of the retirement system shall be paid by the State of New Jersey. Each employing school district shall reimburse the State for a proportionate share of the amount paid by the State for administrative expense. This proportion shall be computed as the number of members under the jurisdiction of such employing school district bears to the total number of members in the system. The pro rata share of the cost of the administrative expense shall be included with the certification by the board of trustees to the Commissioner of Education, the State Treasurer and to each employing school district. The commissioner shall deduct the amount so certified from the certification, to the State Treasurer and the Director of the Division of Budget and Accounting, of State aid payable to such employing school district under the provisions of P.L.1954, c.85. Similar reimbursement shall be made to the State by institutions and districts to which P.L.1954, c.85 does not pertain.

For purposes of this section, during the term of the lottery contribution made pursuant to section 4 of P.L.2017, c.98 (C.5:9-22.8) the expenses of the Lottery Enterprise shall not be considered to be expenses of the retirement system but shall be paid in accordance with section 6 of P.L.2017, c.98 (C.5:9-22.10).

##### **§ 18A:66-18** Contingent reserve fund. {#sec-18a-66-18 omnilex-key=us-nj-statutes--title-18a--18A:66-18}

The contingent reserve fund shall be the fund in which shall be credited contributions made by the State and other employers.

a. Upon the basis of the tables recommended by the actuary which the board of trustees adopts and regular interest, the actuary of the board shall compute annually, beginning as of March 31, 1992, the amount of contribution which shall be the normal cost as computed under the projected unit credit method attributable to service rendered under the retirement system for the year beginning on July 1 immediately succeeding the date of the computation. This shall be known as the "normal contribution."

b. Upon the basis of the tables recommended by the actuary which the board of trustees adopts and regular interest, the actuary of the board shall annually determine if there is an amount of the accrued liability of the retirement system, computed under the projected unit credit method, including the liability for pension adjustment benefits for active employees funded pursuant to section 2 of P.L.1987, c.385 (C.18A:66-18.1), which is not already covered by the assets of the retirement system, valued in accordance with the asset valuation method established in this section. This shall be known as the "unfunded accrued liability." If there was no unfunded accrued liability for the valuation period immediately preceding the current valuation period, the actuary, using the total amount of this unfunded accrued liability, shall compute the initial amount of contribution which, if paid annually in level dollars for a specific period of time, will amortize this liability. The State Treasurer shall determine, upon the advice of the Director of the Division of Pensions and Benefits, the board of trustees and the actuary, the time period for full funding of this liability, which shall not exceed 30 years. This shall be known as the "accrued liability contribution." Thereafter, any increase or decrease in the unfunded accrued liability as a result of actuarial losses or gains for subsequent valuation years shall serve to increase or decrease, respectively, the amortization period for the unfunded accrued liability, unless an increase in the amortization period will cause it to exceed 30 years. If an increase in the amortization period as a result of actuarial losses for a valuation year would exceed 30 years, the accrued liability contribution shall be computed for the valuation year in the same manner provided for the computation of the initial accrued liability contribution under this section. Beginning with the July 1, 2019 actuarial valuation, the accrued liability contribution shall be computed so that if the contribution is paid annually in level dollars, it will amortize this unfunded accrued liability over a closed 30-year period. Beginning with the July 1, 2029 actuarial valuation, when the remaining amortization period reaches 20 years, any increase or decrease in the unfunded accrued liability as a result of actuarial losses or gains for subsequent valuation years shall serve to increase or decrease, respectively, the amortization period for the unfunded accrued liability, unless an increase in the amortization period will cause it to exceed 20 years. If an increase in the amortization period as a result of actuarial losses for a valuation year would exceed 20 years, the accrued liability contribution shall be computed for the valuation year in the same manner provided for the computation of the initial accrued liability contribution under this section.

The State may pay all or any portion of its unfunded accrued liability under the retirement system from any source of funds legally available for the purpose, including, without limitation, the proceeds of bonds authorized by law for this purpose.

The value of the assets, excluding the special asset value set forth in section 38 of P.L.2010, c.1 (C.43:3C-14), to be used in the computation of the contributions provided for under this section for valuation periods shall be the value of the assets for the preceding valuation period increased by the regular interest rate, plus the net cash flow for the valuation period (the difference between the benefits and expenses paid by the system and the contributions to the system) increased by one half of the regular interest rate, plus 20% of the difference between this expected value and the full market value of the assets as of the end of the valuation period. This shall be known as the "valuation assets." Notwithstanding the first sentence of this paragraph, the valuation assets for the valuation period ending March 31, 1996 shall be the full market value of the assets as of that date and shall include the proceeds from the bonds issued pursuant to the "Pension Bond Financing Act of 1997," P.L.1997, c.114 (C.34:1B-7.45 et seq.), paid to the system by the New Jersey Economic Development Authority to fund the unfunded accrued liability of the system. Notwithstanding the first sentence of this paragraph, the valuation assets for the valuation period ending June 30, 1999 shall be the full market value of the assets as of that date.

"Excess valuation assets" for a valuation period means:

(1) the valuation assets; less

(2) the actuarial accrued liability for basic benefits and pension adjustment benefits, excluding the unfunded accrued liability for early retirement incentive benefits pursuant to P.L.1991, c.231 and P.L.1993, c.163 for employers other than the State; less

(3) the contributory group insurance premium fund created by N.J.S.18A:66-77; less

(4) the post-retirement medical premium fund created pursuant to section 2 of P.L.1987, c.385 (C.18A:66-18.1), as amended by section 3 of P.L.1994, c.62; less

(5) the present value of the projected total normal cost for pension adjustment benefits in excess of the projected total phased-in normal cost for pension adjustment benefits as originally authorized by section 2 of P.L.1987, c.385 (C.18A:66-18.1) over the full phase-in period, determined in the manner prescribed for the determination and amortization of the unfunded accrued liability of the system, if the sum of the foregoing items is greater than zero.

If there are excess valuation assets for the valuation period ending March 31, 1996, the normal contributions for the valuation periods ending March 31, 1996 and March 31, 1997 which have not yet been paid to the retirement system shall be reduced to the extent possible by the excess valuation assets, provided that the General Fund balances that would have been paid to the retirement system except for this provision shall first be allocated as State aid to public schools to the extent that additional sums are required to comply with the May 14, 1997 decision of the New Jersey Supreme Court in Abbott v. Burke, and provided further that the normal contribution for the valuation period ending March 31, 1996 shall not be less than $54,000,000. If there are excess valuation assets for a valuation period ending after March 31, 1996, the State Treasurer may reduce the normal contribution payable for the next valuation period as follows:

(1) for valuation periods ending March 31, 1997 through March 31, 2001, to the extent possible by up to 100% of the excess valuation assets;

(2) for the valuation period ending March 31, 2002, to the extent possible by up to 84% of the excess valuation assets;

(3) for the valuation period ending March 31, 2003, to the extent possible by up to 68% of the excess valuation assets; and

(4) for valuation periods ending March 31, 2004 through June 30, 2007, to the extent possible by up to 50% of the excess valuation assets.

For calendar years 1998 and 1999, the rate of contribution of members of the retirement system under N.J.S.18A:66-29 shall be reduced by 1/2 of 1% from excess valuation assets. For calendar years 2000 and 2001, the rate of contribution of members of the retirement system shall be reduced equally with normal contributions to the extent possible, but not more than 1/2 of 1%, from excess valuation assets. Thereafter, through calendar year 2007, the rate of contribution of members of the retirement system under that section for a calendar year shall be reduced equally with normal contributions to the extent possible, but not by more than 2%, from excess valuation assets if the State Treasurer determines that excess valuation assets shall be used to reduce normal contributions by the State for the fiscal year beginning immediately prior to the calendar year, and excess valuation assets above the amount necessary to fund the reduction for that calendar year in the member contribution rate plus an equal reduction in the normal contribution shall be available for the further reduction of normal contributions, subject to the limitations prescribed by this subsection.

If there are excess valuation assets after reductions in normal contributions and member contributions as authorized in the preceding paragraphs for a valuation period beginning with the valuation period ending June 30, 1999, an amount of excess valuation assets not to exceed the amount of the member contributions for the fiscal year in which the normal contributions are payable shall be credited to the benefit enhancement fund. The amount of excess valuation assets credited to the benefit enhancement fund shall not exceed the present value of the expected additional normal contributions attributable to the provisions of P.L.2001, c.133 payable on behalf of the active members over the expected working lives of the active members in accordance with the tables of actuarial assumptions for the valuation period. No additional excess valuation assets shall be credited to the benefit enhancement fund after the maximum amount is attained. Interest shall be credited to the benefit enhancement fund as provided under N.J.S.18A:66-25.

The normal contribution for the increased benefits for active members under P.L.2001, c.133 shall be paid from the benefit enhancement fund. If assets in the benefit enhancement fund are insufficient to pay the normal contribution for the increased benefits for a valuation period, the State shall pay the amount of normal contribution for the increased benefits not covered by assets from the benefit enhancement fund.

c. (Deleted by amendment, P.L.1992, c.125.)

d. The retirement system shall certify annually the aggregate amount payable to the contingent reserve fund in the ensuing year, which amount shall be equal to the sum of the amounts described in this section, and which shall be paid into the contingent reserve fund in the manner provided by N.J.S.18A:66-33.

e. Except as provided in N.J.S.18A:66-26 and N.J.S.18A:66-53, the death benefits payable under the provisions of this article upon the death of an active or retired member shall be paid from the contingent reserve fund.

f. The disbursements for benefits not covered by reserves in the system on account of veterans shall be met by direct contribution of the State.

##### **§ 18A:66-18.1** Payment of pension adjustment benefits. {#sec-18a-66-18.1 omnilex-key=us-nj-statutes--title-18a--18A:66-18.1}

2. Pension adjustment benefits for members and beneficiaries of the Teachers' Pension and Annuity Fund as provided by the "Pension Adjustment Act," P.L.1958, c.143 (C.43:3B-1 et seq.), shall be paid by the retirement system and shall be funded as employer obligations by the same method provided by law for the funding of employer obligations for the basic retirement benefits provided by the retirement system.

##### **§ 18A:66-19** Annuity savings fund. {#sec-18a-66-19 omnilex-key=us-nj-statutes--title-18a--18A:66-19}

The annuity savings fund shall be the fund in which shall be credited accumulated deductions and contributions by members or on their behalf to provide for their allowances.

A single account shall be established in this fund for each person who is or shall become a member and all contributions deducted from each such member's compensation shall be credited to this single account.

##### **§ 18A:66-19.1** TPAF members, eligibility based on one position. {#sec-18a-66-19.1 omnilex-key=us-nj-statutes--title-18a--18A:66-19.1}

25. a. Notwithstanding the provisions of any law to the contrary, after the effective date of P.L.2010, c.1, a person who is or becomes a member of the Teachers' Pension and Annuity Fund and becomes employed in more than one office, position, or employment covered by the retirement system or commences service in a covered office, position, or employment with more than one employer shall be eligible for membership in the retirement system based upon only one of the offices, positions, or employments held concurrently. In the case of a person who holds more than one office, position, or employment covered by the retirement system, the retirement system shall designate the position providing the higher or highest compensation for the person with such concurrent positions as the basis for eligibility for membership and the compensation base for contributions and pension calculations.

b. Contributions shall be deducted only from the member's compensation for the office, position, or employment designated pursuant to subsection a. of this section and shall be credited to the member's single account established pursuant to N.J.S.18A:66-19. The designation by the retirement system of one office, position, or employment upon which membership in the retirement system shall be based shall be irrevocable as between or among the offices, positions, or employments held at the time the designation is made as long as the designated position is the one with the higher or highest compensation. A member who leaves a designated office, position, or employment, or acquires a different or additional office, position, or employment, may receive a new designation by the retirement system from among the offices, positions, or employments then held. Service in an office, position, or employment other than the one designated shall not be deemed creditable service for the purposes of the retirement system.

c. The provisions of subsections a. and b. of this section shall not apply to a person who, on the effective date of P.L.2010, c.1, is a member of the retirement system and holds more than one office, position, or employment covered by the retirement system with one or more employers, while the member continues to hold without a break in service more than one of those offices, positions, or employments. Any additional office, position, or employment acquired by the member shall not be deemed creditable service for the purposes of the retirement system and no designation for that member shall be made until only one of the offices, positions, or employments held on the effective date remains.

##### **§ 18A:66-20** Excess contributions returned {#sec-18a-66-20 omnilex-key=us-nj-statutes--title-18a--18A:66-20}

(a) Any contributions made by a member in excess of those required shall be refunded with regular interest to January 1, 1956, to the member or his beneficiary or estate or shall, at his request, be used at retirement with regular interest to provide an annuity of equivalent actuarial value which shall be in addition to his retirement allowance as computed in accordance with section 18A:66-44.

(b) Upon the submission of such evidence as the retirement system may require, the system shall refund to any member, that part of his accumulated deductions paid into the retirement system as a result of deductions based on payments to him over and above compensation as defined in this article.

(c) Until July 1, 1974 contributions, made by a member employed by an institution of higher education prior to July 1, 1969, on the basis of compensation earned during summer sessions may be refunded with regular interest to January 1, 1956 to the member at his request or shall be included in the computation of his retirement allowance.

##### **§ 18A:66-21** Retirement reserve fund {#sec-18a-66-21 omnilex-key=us-nj-statutes--title-18a--18A:66-21}

The retirement reserve fund shall be the fund from which all retirement allowances shall be paid except those payable from the pension fund as provided in section 18A:66-22. Upon the retirement of a member other than a present-entrant, his accumulated deductions together with regular interest after January 1, 1956, shall be transferred to the retirement reserve fund from the annuity savings fund. The reserve needed to produce the balance of the retirement allowance shall be transferred from the contingent reserve fund. If the retirement allowance of a member who has been retired is subsequently canceled, the appropriate reserve shall be transferred to the annuity savings fund and the contingent reserve fund.

Any surplus or deficit developing in the retirement reserve fund shall be adjusted from time to time by transfer to or from the contingent reserve fund by appropriate action of the retirement system upon the advice of the actuary.

##### **§ 18A:66-22** Pension fund {#sec-18a-66-22 omnilex-key=us-nj-statutes--title-18a--18A:66-22}

The pension fund of the retirement system is the fund in which shall be accumulated the reserves for the payment of pensions to present-entrant members other than veterans, and from it shall be paid all retirement allowances of such present-entrant members and of all beneficiaries of the Teachers' Pension and Annuity Fund who, as of January 1, 1956, were receiving pensions from the pension fund. All reserves for the payment of annuities to persons receiving pensions from the pension fund, as of January 1, 1956 are hereby transferred from the former annuity reserve fund to the pension fund. Upon the retirement of a present-entrant member, the accumulated deductions of the member shall be transferred from the annuity savings fund to the pension fund. The retirement system shall annually transfer from the contingent reserve fund to the pension fund the annual State and employer contributions on account of present-entrant members as computed in accordance with section 18A:66-18. Any surplus or deficit developing in the pension fund shall be adjusted from time to time by transfer to or from the contingent reserve fund by the appropriate action of the retirement system upon the advice of the actuary.

##### **§ 18A:66-24** Interest fund {#sec-18a-66-24 omnilex-key=us-nj-statutes--title-18a--18A:66-24}

There is hereby created an interest fund in which shall be accumulated interest received on the securities, funds and investments of the retirement system. From this fund the board of trustees shall periodically credit interest to the other funds of the system as provided in this article. Any surplus or deficit developing in the interest fund shall be adjusted from time to time by transfer to or from the contingent reserve fund by appropriate action of the board of trustees. Interest payable to a member or his beneficiary under any provision of this article shall be paid from the interest fund.

##### **§ 18A:66-25** Interest allowed on funds. {#sec-18a-66-25 omnilex-key=us-nj-statutes--title-18a--18A:66-25}

The board of trustees at the end of each fiscal year shall allow interest on the balance of the contingent reserve fund, the annuity savings fund, the retirement reserve fund, pension fund, benefit enhancement fund and the members' death benefit fund as of the beginning of said fiscal year at the regular interest rate applicable thereto to cover the interest creditable to the respective funds for the year. The amount so allowed shall be due and payable to said funds and shall be credited annually thereto by the board.

##### **§ 18A:66-26** Death benefit fund {#sec-18a-66-26 omnilex-key=us-nj-statutes--title-18a--18A:66-26}

The members' death benefit fund shall be a fund in which shall be accumulated contributions from the compensation of members to provide for their additional death benefits under the provisions of section 18A:66-53. Upon the death of a member electing the additional death benefit, the additional death benefit payable shall be paid from the member's death benefit fund.

##### **§ 18A:66-27** Special reserve fund {#sec-18a-66-27 omnilex-key=us-nj-statutes--title-18a--18A:66-27}

The special reserve fund shall be the fund to which any earnings in excess of the amounts annually allowed under the provisions of section 18A:66-25 shall be transferred. No additional amounts shall be credited to the special reserve fund at any time when the total accumulations in such fund shall equal 1% of the book value of the investments of the retirement system. In this event, any such excess shall be credited to the contingent reserve fund. All losses from the sale of securities shall be charged against the special reserve fund. The special reserve fund shall be considered for valuation purposes by the actuary as an asset of the retirement system.

##### **§ 18A:66-29** Members' contribution rate. {#sec-18a-66-29 omnilex-key=us-nj-statutes--title-18a--18A:66-29}

Members enrolled in the retirement system on or after July 1, 1994 shall contribute 5% of compensation to the system. Members enrolled in the system prior to July 1, 1994 shall contribute 5% of compensation to the system effective with the payroll period for which the beginning date is closest to July 1, 1995, provided, however, that any member enrolled before July 1, 1994, whose full contribution rate under the system prior to the revisions by this act was less than 6%, shall pay 4% of compensation to the system effective with the payroll period for which the beginning date is closest to July 1, 1995, and 5% of compensation to the system effective with the payroll period for which the beginning date is closest to July 1, 1996.

Members enrolled in the retirement system on or after July 1, 2007 shall contribute 5.5% of compensation to the system. Members enrolled in the system prior to July 1, 2007 shall contribute 5.5% of compensation to the system effective with the payroll period for which the beginning date is closest to July 1, 2007.

Members of the retirement system shall contribute 6.5% of compensation to the system on and after the effective date of P.L.2011, c.78, with an additional contribution of 1% to be phased-in in equal increments over a period of seven years commencing with the first year following that effective date.

##### **§ 18A:66-29.1** Shortage in reserves or contributions; non-liability or deduction for retirement allowance {#sec-18a-66-29.1 omnilex-key=us-nj-statutes--title-18a--18A:66-29.1}

Notwithstanding anything to the contrary, the retirement system shall not be liable for the payment of any pensions or other benefits on account of the employees or pensioners of any employer under this article, for which reserves have not been previously created from funds contributed by the State, the employer, or teacher for such benefits.

The actuarial equivalent of any shortage in required contributions at the time of retirement on account of misstatement of age, leave of absence, or clerical error, shall be deducted from the retirement allowance otherwise payable.

##### **§ 18A:66-30** Employee's consent to deductions {#sec-18a-66-30 omnilex-key=us-nj-statutes--title-18a--18A:66-30}

Every teacher to whom this article applies shall be deemed to consent and agree to any deduction from his compensation required by this article and to all other provisions of this article. Notwithstanding any other law, rule or regulation affecting the salary, pay, compensation, other perquisites, or tenure of a person to whom this article applies or shall apply, and notwithstanding that the minimum salary, pay or compensation or other perquisite provided by law for him shall be reduced thereby, payment, less such deductions, shall be a full and complete discharge and acquittance of all claims and demands for service rendered by him during the period covered by such payment.

##### **§ 18A:66-31** System to certify contributions {#sec-18a-66-31 omnilex-key=us-nj-statutes--title-18a--18A:66-31}

The retirement system shall certify to each employer the proportion of each member's compensation to be deducted, and to facilitate the making of deductions the retirement system may modify the deduction required by a member of such amount as shall not exceed 1/10 of 1% of the compensation upon the basis of which the deduction is to be made.

There shall be credited in the annuity savings fund to the individual account of each member any amounts so deducted or contributed by him.

##### **§ 18A:66-32** Employer's duties {#sec-18a-66-32 omnilex-key=us-nj-statutes--title-18a--18A:66-32}

Upon the employment of a person to whom this article may apply, his employer shall inform him of his duties and obligations under this article as a condition of his employment; the employer shall notify the retirement system of such appointment within 10 days thereafter; it shall keep such records and from time to time furnish such information as the retirement system may require; deduct the proportion of salary and extra salary deductions as certified by the retirement system, transfer each of the amounts so deducted to the retirement system; and shall transmit to the retirement system monthly or at such intervals as the system designates a detailed statement of all amounts so paid. If payment in full, representing the monthly or biweekly transmittal and report of salary deductions, is not made within 15 days of the due date established by the retirement system, interest at the rate of 6% per annum shall commence to run against the total transmittal of salary deductions for the period on the first day after such fifteenth day. Any failure on the part of the employer to comply with the provisions of this section shall constitute a default, and the State Department of Education may withhold school moneys from the district until the default is made good.

Where an employer fails to notify the retirement system of a teacher's employment and more than one year has elapsed from the compulsory enrollment date of such teacher, the employer shall be liable for the payment, with interest of 6% per annum, to the contingent reserve fund which would otherwise have been required of, and timely paid, by the state.

##### **§ 18A:66-32.1** Periodic benefits payable under Workers' Compensation Law; salary deductions paid by employer; retirement benefits application {#sec-18a-66-32.1 omnilex-key=us-nj-statutes--title-18a--18A:66-32.1}

a. If any member of the retirement system receives periodic benefits payable under the workers' compensation law during the course of his active service, in lieu of his normal compensation, his regular salary deductions shall be paid to the retirement system by his employer. Such payments shall be computed, in accordance with N.J.S.18A:66-29, at the rate of contribution on the base salary subject to the retirement system, just prior to the receipt of the workers' compensation benefits. The moneys paid by the employer shall be credited to the member's account in the annuity savings fund and shall be treated as employee contributions for all purposes. The employer will terminate the payment of these moneys when the periodic benefits payable under the workers' compensation law are terminated or when the member retires.

The member for whom the employer is making such payments, will be considered as if he were in the active service.

b. An application for retirement benefits may be approved by the board of trustees while the member, applying for such benefits, is in receipt of periodic benefits under the workers' compensation law. If a retirant receiving an accidental disability retirement allowance becomes a recipient of periodic benefits under the workers' compensation law after the date of retirement, the pension portion of the retirement allowance payable to the retirant shall be reduced, during the period of the payment of the periodic benefits, dollar-for-dollar in the amount of the periodic benefits received after the date of retirement, subject to the provisions of N.J.S. 18A:66-69. The reduction provided for herein shall not affect the retirant's pension adjustment benefits or survivor benefits that may be payable upon the death of the retirant.

If an accidental disability retirant receives a retirement allowance without reduction and periodic benefits under the workers' compensation law for any period of time after the date of retirement, the retirant shall repay to the retirement system the amount of the pension portion of the retirement allowance which should have been subject to reduction under this subsection. The repayment may be in the form of a lump sum payment or scheduled as deductions from the retirant's retirement allowance and pension adjustment benefits. If the retirant dies before full repayment of the amount required, the remaining balance shall be deducted from any death benefits payable on behalf of the retirant.

##### **§ 18A:66-33** State contributions {#sec-18a-66-33 omnilex-key=us-nj-statutes--title-18a--18A:66-33}

Regular interest charges payable, the creation and maintenance of reserves in the contingent reserve fund and the maintenance of retirement allowances and other benefits granted by the board of trustees under the provisions of this article are hereby made obligations of the State. Except as provided in N.J.S.18A:66-27, all income, interest, and dividends derived from deposits and investments authorized by this article shall be used for payment of these obligations of the State.

Upon the basis of each actuarial determination and appraisal provided for in this article, the board of trustees shall prepare and submit to the Governor in each year an itemized estimate of the amounts necessary to be appropriated by the State to provide for the payment in full on June 30 of the ensuing fiscal year of the obligations of the State accruing during the year preceding such payment. The Legislature shall make an appropriation sufficient to provide for the obligations of the State. The amounts so appropriated shall be paid into the contingent reserve fund. The amounts payable into the contingent reserve fund shall be paid by the State Treasurer, upon the certification of the commissioner and the warrant of the Director of the Division of Budget and Accounting, to the contingent reserve fund not later than June 30 of the ensuing fiscal year.

Annually the board of trustees shall report the amount necessary to be appropriated by the State on behalf of each employer pursuant to this section and N.J.S.18A:66-66.

##### **§ 18A:66-34** Withdrawals {#sec-18a-66-34 omnilex-key=us-nj-statutes--title-18a--18A:66-34}

A member who withdraws from service or ceases to be a teacher for any cause other than death or retirement shall, upon the filing of an application therefor, receive all of his accumulated deductions standing to the credit of his individual account in the annuity savings fund, plus regular interest on contributions made after January 1, 1956, less any loan outstanding, and except that for any period after June 30, 1944, the interest payable shall be such proportion of the interest determined at the regular rate as 2% per annum bears to the regular rate of interest; provided, however, that no interest shall be payable if such a member does not have 3 years of membership service at the time of withdrawal from service or cessation of employment.

He shall cease to be a member 2 years from the date he discontinued service as a teacher, or, if prior thereto, upon payment to him of his accumulated deductions. If any such person or member shall die before withdrawing or before endorsing the check constituting the return of his accumulated deductions, such deductions shall be paid to the member's beneficiary. No member shall be entitled to withdraw the amounts contributed by his employer covering his military leave unless he shall have returned to the payroll and contributed to the retirement system for a period of 90 days.

##### **§ 18A:66-35** Loans, interest rates, administrative fees. {#sec-18a-66-35 omnilex-key=us-nj-statutes--title-18a--18A:66-35}

Any member who has at least 3 years of service to his credit for which he has contributed as a member may borrow from the retirement system, an amount equal to not more than 50% of the amount of his accumulated deductions, but not less than $50.00; provided, that the amount so borrowed, together with interest thereon, can be repaid by additional deductions from compensation, not in excess of 25% of the member's compensation, made at the same time compensation is paid to the member. The amount so borrowed, together with interest on any unpaid balance thereof, shall be repaid to the retirement system in equal installments by deduction from the compensation of the member at the time the compensation is paid or in such lump sum amount to repay the balance of the loan but such installment shall be at least equal to the member's rate of contribution to the retirement system and at least sufficient to repay the amount borrowed with interest thereon. Not more than two loans may be granted to any member in any calendar year. Notwithstanding any other law affecting the salary or compensation of any person or persons to whom this article applies or shall apply, the additional deductions required to repay the loan shall be made.

The rate of interest for a loan requested by a member prior to the effective date of P.L.2007, c.92 (C.43:15C-1 et al.) shall be 4% per annum on any unpaid balance thereof. For a loan requested after the effective date of that act, the rate of interest per annum shall be a commercially reasonable rate as required by the Internal Revenue Code to be determined by the State Treasurer on that effective date, and on January 1 of each calendar year thereafter. An administrative fee in an amount set by the State Treasurer for each calendar year may be charged for any loan requested after the effective date of P.L.2007, c.92 (C.43:15C-1 et al.). Loans shall be made to a member from his accumulated deductions. The interest earned on such loans shall be treated in the same manner as interest earned from investments of the retirement system.

##### **§ 18A:66-35.1** Repayment of loans after retirement of members of TPAF. {#sec-18a-66-35.1 omnilex-key=us-nj-statutes--title-18a--18A:66-35.1}

2. In the case of any member who retires without paying the full amount so borrowed, the Division of Pensions and Benefits shall deduct from the retirement benefit payments the same monthly amount which was deducted from the compensation of the member immediately preceding retirement until the balance of the amount borrowed together with the interest is repaid. In the case of a pensioner who dies before the outstanding balance of the loan and interest thereon has been recovered, the remaining balance shall be repaid from the proceeds of any other benefit payable on the account of the pensioner either in the form of monthly payments due to his beneficiaries or in the form of lump sum payments payable for pension or group life insurance.

##### **§ 18A:66-36** Vesting of TPAF members. {#sec-18a-66-36 omnilex-key=us-nj-statutes--title-18a--18A:66-36}

Should a member of the Teachers' Pension and Annuity Fund, after having completed 10 years of service, be separated voluntarily or involuntarily from the service, before reaching service retirement age, and not by removal for conduct unbecoming a teacher or other just cause under the provisions of N.J.S.18A:28-4 to N.J.S.18A:28-5 and N.J.S.18A:28-9 to N.J.S.18A:28-13 inclusive, such person may elect to receive, in lieu of the payment provided in N.J.S.18A:66-34:

a. The payments provided for in N.J.S.18A:66-37, if he so qualified under said section; or

b. A deferred retirement allowance beginning at age 60, or for a person who becomes a member of the retirement system on or after the effective date of P.L.2008, c.89 beginning at age 62, which shall be made up of an annuity derived from the member's accumulated deductions at the time of his severance from the service, and a pension in the amount which, when added to the member's annuity, will provide a total retirement allowance of 1/64 of final compensation for each year of service credited as Class A service and 1/55 of final compensation for each year of service credited as class B service or for a person who becomes a member of the retirement system on or after the effective date of P.L.2010, c.1, 1/60 of final compensation for each year of service credited as class B service, calculated in accordance with N.J.S.18A:66-44, with optional privileges provided for in N.J.S.18A:66-47 if he exercises such optional privilege at least 30 days before his attainment of the normal retirement age, provided that such election is communicated by such member to the retirement system in writing stating at what time subsequent to the execution and filing thereof he desires to be retired and provided, further, that such member may later elect: (1) to receive the payments provided for in N.J.S.18A:66-37, if he had qualified under that section at the time of leaving service, except that in order to avail himself of the optional privileges pursuant to N.J.S.18A:66-47, he must exercise such optional privilege at least 30 days before the effective date of his retirement; or (2) to withdraw his accumulated deductions with interest as provided in N.J.S.18A:66-34. If such member shall die before attaining service retirement age, then his accumulated deductions, plus regular interest after January 1, 1956, shall be paid in accordance with N.J.S.18A:66-38, and, in addition, if such member shall die after attaining service retirement age and has not withdrawn his accumulated deductions, an amount equal to 3/16 of the compensation upon which contributions by the member to the annuity savings fund were based in the last year of creditable service shall be paid to such member's beneficiary.

Any member who, having elected to receive a deferred retirement allowance, again becomes an employee covered by the retirement system while under the age of 60 or, if that person became a member of the retirement system on or after the effective date of P.L.2008, c.89, while under the age of 62, shall thereupon be reenrolled. If he had discontinued his service for more than 10 consecutive years, subsequent contributions shall be at a rate applicable to the age resulting from the subtraction of his years of creditable service at the time of his last discontinuance of contributing membership from his age at the time of his return to service. He shall be credited with all service as a member standing to his credit at the time of his election to receive a deferred retirement allowance.

##### **§ 18A:66-37** Early retirement. {#sec-18a-66-37 omnilex-key=us-nj-statutes--title-18a--18A:66-37}

Should a member resign after having established 25 years of creditable service before reaching age 60, or before reaching the age of 62 if the person became a member of the retirement system on or after the effective date of P.L.2008, c.89, or after having established 30 years of creditable service before reaching the age of 65 if the person became a member of the retirement system on or after the effective date of P.L.2011, c.78, the member may elect "early retirement," provided, that such election is communicated by such member to the retirement system by filing a written application, duly attested, stating at what time subsequent to the execution and filing thereof the member desires to be retired. The member shall receive, in lieu of the payment provided in N.J.S.18A:66-34, an annuity which is the actuarial equivalent of the member's accumulated deductions and a pension in the amount which, when added to the member's annuity, will provide a total retirement allowance of 1/64 of the member's final compensation for each year of service credited as class A service and 1/55 of the member's final compensation for each year of service credited as class B service, or for a person who becomes a member of the retirement system on or after the effective date of P.L.2010, c.1 1/60 of final compensation for each year of service credited as class B service, calculated in accordance with N.J.S.18A:66-44, reduced:

(a) by 1/4 of 1% for each month that the member lacks of being age 55; or

(b) for a person who becomes a member of the retirement system on or after July 1, 2007, by 1/4 of 1% for each month that the member lacks of being age 55 and by 1/12 of 1% for each month that the member lacks of being age 60 but over age 55;

(c) for a person who becomes a member of the retirement system on or after the effective date of P.L.2008, c.89, by 1/4 of 1% for each month that the member lacks of being age 55 and by 1/12 of 1% for each month that the member lacks of being age 62 but over age 55; or

(d) for a person who becomes a member of the retirement system on or after the effective date of P.L.2011, c.78, by 1/4 of 1% for each month that the member lacks of being age 65; provided, however, that upon the receipt of proper proofs of the death of such a member there shall be paid to the member's beneficiary an amount equal to 3/16 of the compensation upon which contributions by the member to the annuity savings fund were based in the last year of creditable service or in the year of the member's highest contractual salary, whichever is higher.

Subparagraph (b) or (c) of this section shall not apply to a person who at the time of enrollment in the retirement system on or after July 1, 2007 transfers service credit from another State-administered retirement system pursuant to N.J.S.18A:66-15.1, but shall apply to a former member of the retirement system who has been granted a retirement allowance and is reenrolled in the retirement system on or after July 1, 2007 pursuant to N.J.S.18A:66-53.2 after becoming employed again in a position that makes the person eligible to be a member of the retirement system.

The board of trustees shall retire the member at the time specified or at such other time within one month after the date so specified as the board finds advisable.

##### **§ 18A:66-38** Death benefits; contribution not required when leave is due to illness {#sec-18a-66-38 omnilex-key=us-nj-statutes--title-18a--18A:66-38}

Upon the receipt of proper proofs of the death of a member in service on account of which no accidental death benefit is payable under section 18A:66-46, there shall be paid to such member's beneficiary:

(a) The member's accumulated deductions at the time of death together with regular interest after January 1, 1956; and

(b) An amount equal to 1 1/2 times the compensation upon which contributions by the member to the annuity savings fund were based in the last year of creditable service.

For the purpose of this section, section 18A:66-46e and section 18A:66-53, a member of the retirement system shall be deemed to be an active member (1) while he is disabled due to sickness or injury arising out of or in the course of his employment as a teacher to whom this article applies, is not engaged in any gainful occupation, and is receiving or entitled to receive periodic benefits (including any commutation of, or substitute for, such benefits) for loss of time on account of such disability under or by reason of workmen's compensation law, occupational disease law or similar legislation and has not retired or terminated his membership; or (2) for a period of no more than two years while on official leave of absence without pay if satisfactory evidence is presented to the retirement system that such leave of absence without pay is due to the member's personal illness other than an illness to which (1) above applies. For the purpose of this section, section 18A:66-46e and section 18A:66-53, a member of the retirement system shall be deemed to be an active member for a period of not more than one year in the event of an official leave (1) due to the member's maternity or (2) to fulfill a residency requirement for an advanced degree or (3) as a full-time student at an institution of higher education, and for a period of not more than 93 days while on official leave of absence without pay when such leave of absence is due to any reason other than illness. In order for a member to be covered for the optional death benefits provided by section 18A:66-53, he shall continue to make contributions for same during the period such member is on official leave of absence without pay, except that when such official leave of absence without pay is due to illness, no contributions shall be required of the member during the period he is deemed to be an active member while on such leave of absence.

If a member dies within 30 days after the date of retirement or the date of board approval, whichever is later, a death benefit shall be payable only if he is deemed to be an active member in accordance with this section; provided, however, a member applying for disability benefits shall be deemed an active member if he was covered by the death benefit provisions of the act at the termination of employment, filed the application for disability retirement with the retirement system within 30 days following such termination of employment and dies within 30 days after the date of retirement or the date of board approval, whichever is later.

##### **§ 18A:66-38.1** Limitation on death benefits {#sec-18a-66-38.1 omnilex-key=us-nj-statutes--title-18a--18A:66-38.1}

a. Any person entitled to become a member of the Teachers' Pension and Annuity Fund shall not be allowed any of the death benefits established by sections 18A:66-36, 18A:66-37, 18A:66-38, 18A:66-41, 18A:66-42, 18A:66-44 and 18A:66-46e. If on the date he files an application for membership he is 60 or more years of age or if he makes application for membership beyond the year after he first became eligible for membership, regardless of age, unless the member furnishes satisfactory evidence of insurability and on the effective date of his membership is actively at work and performing all his regular duties at his customary place of employment.

The effective date of coverage for such death benefits shall be the first day of the month which immediately follows the date when such evidence is determined to be satisfactory.

b. Such evidence of insurability will not be required of any person becoming a member of the Teachers' Pension and Annuity Fund upon transfer from another State-administered retirement system if such system provided death benefits of a similar nature and the transferring member was covered by such benefits at the time of the transfer. If such transferring member was not covered by such benefits at the time of the transfer, he may be allowed the death benefits of the Teachers' Pension and Annuity Fund subject to the provisions of subsection a. of this section; provided, however, that any such member must furnish satisfactory evidence of insurability under the provisions of subsection a. of this section if he had been unable or failed to give such evidence as a member of the system from which he transferred.

c. Any person who must furnish satisfactory evidence of insurability under the provisions of this section and who ceases to be a member of the retirement system without such evidence having been given shall continue to be subject to the same requirement if he subsequently becomes a member.

##### **§ 18A:66-39** Teachers' disability retirement. {#sec-18a-66-39 omnilex-key=us-nj-statutes--title-18a--18A:66-39}

a. Before June 9, 1971, a member, who shall have been a teacher and a member of the retirement system for each of the 10 years next preceding his retirement, shall, upon the application of his employer or upon his own application or the application of one acting in his behalf, be retired for ordinary disability by the board of trustees, on a regular disability allowance if he is under 60 years of age and on a service allowance if he has reached or passed that age. The physician or physicians designated by the board shall have first made a medical examination of him at his residence or at any other place mutually agreed upon and shall have certified to the board that the member is physically or mentally incapacitated for the performance of duty and should be retired.

b. On and after June 9, 1971, a member, under 60 years of age, who has 10 or more years of credit for New Jersey service, shall, upon the application of his employer or upon his own application or the application of one acting in his behalf, be retired for ordinary disability by the board of trustees. The physician or physicians designated by the board shall have first made a medical examination of him at his residence or at any other place mutually agreed upon and shall have certified to the board that the member is physically or mentally incapacitated for the performance of duty and should be retired. No person who becomes a member of the retirement system on or after the effective date of P.L.2010, c.3 shall be eligible for retirement pursuant to this subsection.

c. A member, under 65 years of age, shall, upon the application of his employer or upon his own application or the application of one acting in his behalf, be retired by the board of trustees, if said member is permanently and totally disabled as a direct result of a traumatic event occurring during and as a result of the performance of his regular or assigned duties, on an accidental disability allowance. A traumatic event occurring during voluntary performance of regular or assigned duties at a place of employment before or after required hours of employment which is not in violation of any valid work rule of the employer or otherwise prohibited by the employer shall be deemed as occurring during the performance of regular or assigned duties. No person who becomes a member of the retirement system on or after the effective date of P.L.2010, c.3 shall be eligible for retirement pursuant to this subsection.

The application to accomplish such retirement must be filed within five years of the original traumatic event, but the board of trustees may consider an application filed after the five-year period if it can be factually demonstrated to the satisfaction of the board of trustees that the disability is due to the accident and the filing was not accomplished within the five-year period due to a delayed manifestation of the disability or to circumstances beyond the control of the member.

Permanent and total disability resulting from a cardiovascular, pulmonary or musculo-skeletal condition which was not a direct result of a traumatic event occurring in the performance of duty shall be deemed an ordinary disability.

Before consideration of an application for accidental disability allowance by the board of trustees, the physician or physicians designated by the board shall have first made a medical examination of the member at his residence or at any other place mutually agreed upon and shall have certified to the board that he is physically or mentally incapacitated for the performance of duty, and should be retired, and the employer shall have certified to the board that the member is permanently and totally disabled as a direct result of a traumatic event occurring during and as a result of the performance of his regular and assigned duties, the time and place where the duty causing the disability was performed, that the disability was not the result of his willful negligence and that the member should be retired.

##### **§ 18A:66-39.1** Disability insurance for certain TPAF members; "Teachers Group Disability Insurance Premium Fund." {#sec-18a-66-39.1 omnilex-key=us-nj-statutes--title-18a--18A:66-39.1}

10. a. A person who becomes a member of the Teachers' Pension and Annuity Fund, N.J.S.18A:66-1 et seq., on or after the effective date of P.L.2010, c.3 shall not be eligible for an ordinary or accidental disability retirement allowance, but shall be eligible for disability insurance coverage pursuant to this section.

b. The State Treasurer is hereby authorized and permitted to purchase from one or more insurance companies, as determined by him, group disability benefit coverage to provide for the disability benefit in the amounts specified herein. The group disability benefit coverage may be provided under one or more policies issued to the State Treasurer specifically for this purpose or, in the discretion of the State Treasurer, under one or more policies issued to the State Treasurer which provide group life insurance coverage for members of the retirement system designated in subsection a. of this section. Any dividend or retrospective rate credit allowed by an insurance company attributable to this program shall be credited in an equitable manner to the funds available to meet the employers' obligations under such retirement system.

Premiums for such group insurance coverage shall be paid from a special fund, hereby created, called the "Teachers Group Disability Insurance Premium Fund." The State Treasurer shall estimate annually the amount which shall be required for premiums for such benefits for the ensuing fiscal year and shall certify such amounts which shall be applied against the total employer contributions due for the members of the retirement system whose members are covered, depositing such amounts in the premium fund.

During the period such group insurance policy or policies are in effect with respect to members of the retirement system, the State Treasurer shall in no way commingle moneys in this fund with any retirement system.

c. A person shall not be allowed the group disability benefit coverage if on the date the person enrolls in the retirement system, the person is 60 or more years of age, unless the person furnishes satisfactory evidence of insurability and, on the effective date of the person's enrollment, is actively at work and performing all the regular duties at the customary place of employment.

The effective date of coverage for such a benefit shall be the first day of the month which immediately follows the date when such evidence is determined to be satisfactory.

Such evidence of insurability shall not be required of any person enrolling in the retirement system upon transfer from another retirement system if such retirement system provided a benefit of a similar nature and the transferring person was covered by such a benefit at the time of the transfer. If such transferring person was not covered by such a benefit at the time of the transfer, the person may be allowed the benefit under the group policy or policies; however, any such person shall furnish satisfactory evidence of insurability if he had been unable or failed to give such evidence as a member of the retirement system from which the person transferred.

Any person who must furnish satisfactory evidence of insurability, and who ceases to be enrolled in the retirement system without such evidence having been given, shall continue to be subject to the same requirement if the person subsequently becomes a member.

d. The disability benefit coverage provided under such group policy or policies shall provide a monthly income if the member becomes totally disabled from occupational or nonoccupational causes for a period of at least six consecutive months following the effective date of the coverage. The monthly disability benefit may be paid by the insurance company so long as the member remains disabled up to the seventieth birthday, provided the disability commenced prior to the sixtieth birthday. The benefit shall terminate when the member is no longer considered totally disabled or begins to receive retirement benefits.

The member shall be considered totally disabled if the member is unable to perform each duty of the member's occupation and is under the regular care of a physician. After the 12 months following the commencement of such disability benefit payments, the member shall be unable to engage in any gainful occupation for which the member is reasonably fitted by education, training, or experience. Total disability shall not be considered to exist if the member is gainfully employed. Following an agreement with the insurance company and the policyholder, the member may continue to receive disability benefits for a limited time while performing some type of work. During the period of rehabilitation, the monthly benefit shall be the regular payment less 80 percent of the member's earnings from such rehabilitative position.

e. A member shall be deemed to be in service and covered by the disability benefit insurance provisions for a period of no more than six months while on official leave of absence without pay if satisfactory evidence is presented to the Division of Pensions and Benefits that such leave of absence without pay is due to illness and that the member was not actively engaged in any gainful occupation during such period of leave of absence without pay.

Disability benefit insurance provisions of the group policy or policies shall not cover disability resulting from or contributed to by pregnancy, act of war, intentionally self-inflicted injury, or attempted suicide whether or not sane. For purposes of such disability benefit coverage, the member shall not be considered to be disabled while the member is imprisoned or while outside the United States, its territories or possessions, or Canada.

If the member has recovered from the disability for which the member had received benefits and again becomes totally disabled while insured, the later disability shall be regarded as a continuation of the prior one unless the member has returned to full-time covered employment for at least six months. If the later absence is due to an unrelated cause and the member had returned to full-time work, it shall be considered a new disability. The disability benefit insurance cannot be converted to an individual policy.

No person shall be covered by the disability benefit provision of the group policy or policies except upon the completion of one year of full-time continuous employment in a position eligible for participation in a retirement system designated in subsection a. of this section.

f. The disability benefit provided under such group policy or policies shall be in an amount equal to 60 percent of the member's base monthly salary, reduced by periodic benefits to which the member may be entitled during the period of total disability. The minimum monthly disability benefit shall be $50.

The periodic benefit by which the monthly disability benefit may be reduced shall include salary or wages, retirement benefits or benefits from any source for which the State or other public employer has paid any part of the cost or made payroll deductions, Social Security disability or other benefits, including dependents' benefits, and benefits paid by Social Security at the option of the participant before the age of 65, but not including any increase in Social Security benefits enacted after the disability benefit under such group policy or policies has commenced, and any other periodic benefits provided by law except on account of military service.

When a member begins to receive a disability benefit under such group policy or policies, the insurance company shall pay an amount equal to the employee contribution which would have been required of the member and deducted from the member's base salary in order to meet the member's obligation for the purchase of the member's individual retirement annuity. Such amount shall be paid by the insurance company without reduction by any other periodic benefit which the member is eligible to receive. Such amount shall be paid by the insurance company to the insurer or insurers for the member's retirement annuity.

g. Notwithstanding any other provision of law, an insurance company or companies issuing such policy or policies may credit the policyholder, either directly or in the form of reduced premiums, with savings by the company or companies in the event that no brokerage commission or commissions are paid by the company or companies on the issuance of such policy or policies.

No employer obligations shall be paid when the member is on a leave of absence without pay or when the member no longer is enrolled in the retirement system designated in subsection a. of this section.

h. The group disability insurance policy or policies shall provide a member with an opportunity to purchase additional coverage.

i. A member who is disabled and begins receiving a benefit under this section on or after January 1, 2027 shall be eligible to enroll in health care benefits coverage under the “School Employees’ Health Benefits Program Act” P.L.2007, c.103 (C.52:14-17.46.1 et seq.), in accordance with the provisions of section 5 of P.L.2025, c.370 (C.52:14-17.46.18).

j. The State Treasurer shall establish appeals processes to be used when an employer or employee disagrees with the administration of disability insurance coverage provided for in this section, including, but not limited to, the employee's ability to return to employment; issues related to physical examinations; eligibility for disability insurance coverage as provided for in this section; and eligibility for health care benefits coverage under the “School Employees’ Health Benefits Program Act” P.L.2007, c.103 (C.52:14-17.46.1 et seq.), pursuant to subsection i. of this section, including a member’s required contributions determined pursuant to section 5 of P.L.2025, c.370 (C.52:14-17.46.18).

##### **§ 18A:66-39.2** Inapplicability relative to certain transferred service credit. {#sec-18a-66-39.2 omnilex-key=us-nj-statutes--title-18a--18A:66-39.2}

13. The provisions of N.J.S.18A:66-39 as amended by P.L.2010, c.3, and section 10 of P.L.2010, c.3 (C.18A:66-39.1), concerning persons who become members of the retirement system on or after the effective date of P.L.2010, c.3 shall not apply to a person who at the time of enrollment in the retirement system on or after that effective date transfers service credit, as permitted, from another State-administered retirement system or fund of which the person was a member immediately prior to the effective date and continuously thereafter, but shall apply to a former member of the retirement system who has been granted a retirement allowance and is reenrolled in the retirement system on or after that effective date after becoming employed again in a position that makes the person eligible to be a member of the retirement system.

##### **§ 18A:66-40** Medical examination; reemployment; subsequent retirement {#sec-18a-66-40 omnilex-key=us-nj-statutes--title-18a--18A:66-40}

a. Once each year the retirement system may, and upon his application shall, require any disability beneficiary who is under the age of 60 years to undergo medical examination by a physician or physicians designated by the system for a period of 5 years following his retirement in order to determine whether or not the disability which existed at the time he was retired has vanished or has materially diminished. If the disability beneficiary is engaged in an occupation, then the amount of his pension shall be reduced to an amount which, when added to the amount then earned by him, shall not exceed the amount of the salary now attributable to his former position.

If his earnings have changed since the date of his last adjustment, then the amount of his pension may be further altered; but the new pension shall not exceed the amount of pension originally granted.

If a disability beneficiary, while under the age of 60 years, refuses to submit to at least one medical examination in any year by a physician or physicians designated by the system, his pension shall be discontinued until withdrawal of his refusal. If the report of the medical board shall show that such beneficiary is able to perform either his former duty or other comparable duty which his former employer is willing to assign to him, the beneficiary shall report for duty; such a beneficiary shall not suffer any loss of benefits while he awaits his restoration to active service. If the beneficiary fails to return to duty within 10 days after being ordered so to do, or within such further time as may be allowed by the board of trustees for valid reason, as the case may be, the pension shall be discontinued during such default.

b. If a disability beneficiary becomes employed again in a position which makes him eligible to be a member of the retirement system, his retirement allowance and the right to any death benefit as a result of his former membership, shall be canceled until he again retires.

Such person shall be reenrolled in the retirement system and shall contribute thereto at a rate based on his age at the time of his prior enrollment. Such person shall be treated as an active member for determining disability or death benefits while in service and no benefits pursuant to an optional selection with respect to his former membership shall be paid if his death shall occur during the period of such reenrollment.

Upon subsequent retirement of such member, he shall receive a retirement allowance based on all his service as a member, computed in accordance with applicable provisions of this article, but the total retirement allowance upon subsequent retirement shall not be a greater proportion of his final compensation than the proportion to which he would have been entitled had he remained in service during the period of his prior retirement. Any death benefit to which such member shall be eligible shall be based on his latest retirement.

##### **§ 18A:66-41** Ordinary disability allowances. {#sec-18a-66-41 omnilex-key=us-nj-statutes--title-18a--18A:66-41}

A member upon retirement for ordinary disability shall receive a retirement allowance which shall consist of:

(a) an annuity which shall be the actuarial equivalent of his accumulated deductions at the time of his retirement together with regular interest after January 1, 1956; and

(b) a pension in the amount which, when added to the member's annuity, will provide a total retirement allowance of 1.64% of final compensation multiplied by his number of years of creditable service; and provided further, that in no event shall the allowance be less than 43.6% of final compensation.

Upon the receipt of proper proofs of the death of a member who has retired on an ordinary disability retirement allowance, there shall be paid to such member's beneficiary, an amount equal to 1 1/2 times the compensation upon which contributions by the member to the annuity savings fund were based in the last year of creditable service or in the year of the member's highest contractual salary, whichever is higher; provided, however, that if such death shall occur after the member shall have attained age 60, the amount payable shall equal 3/16 of such compensation. The death benefits provided in this section shall apply to any member who has retired or shall retire on or after January 1, 1956.

##### **§ 18A:66-41.1** Increase in retirement allowance for retiree, beneficiary under N.J.S.18A:66-41 or N.J.S.18A:66-47. {#sec-18a-66-41.1 omnilex-key=us-nj-statutes--title-18a--18A:66-41.1}

2. The retirement allowance of each retiree under N.J.S.18A:66-41, or the retiree's beneficiary pursuant to N.J.S.18A:66-47, on the effective date of P.L.2001, c.353 shall be increased by a percentage equivalent to the percentage increase in the fraction of final compensation for each year of credited service for the total retirement allowance under these sections made by this act, P.L.2001, c.353 (C.18A:66-41.1 et al.). The provisions of section 7 of P.L.1969, c.169 (C.43:3B-8) shall not be applicable to the increases in retirement allowances provided by this section.

##### **§ 18A:66-42** Accidental disability allowances. {#sec-18a-66-42 omnilex-key=us-nj-statutes--title-18a--18A:66-42}

A member under 65 years of age upon retirement for accidental disability shall receive a retirement allowance which shall consist of:

(a) an annuity which shall be the actuarial equivalent of his accumulated deductions at the time of his retirement together with regular interest after January 1, 1956; and

(b) a pension in the amount which, when added to the member's annuity, will provide a total retirement allowance of 72.7% of his actual annual compensation for which contributions were being made at the time of the occurrence of the accident.

Upon the receipt of proper proofs of the death of a member who has retired on an accidental disability retirement allowance, there shall be paid to such member's beneficiary, an amount equal to 1 1/2 times the compensation upon which contributions by the member to the annuity savings fund were based in the last year of creditable service or in the year of the member's highest contractual salary, whichever is higher; provided, however, that if such death shall occur after the member shall have attained age 60, the amount payable shall equal 3/16 of such compensation. The death benefits provided in this section shall apply to any member who has retired or shall retire on or after January 1, 1956.

##### **§ 18A:66-42.1** Increase in retirement allowance under N.J.S.18A:66-42 or N.J.S.18A:66-47. {#sec-18a-66-42.1 omnilex-key=us-nj-statutes--title-18a--18A:66-42.1}

4. The retirement allowance of each retiree under N.J.S.18A:66-42, or the retiree's beneficiary pursuant to N.J.S.18A:66-47, on the effective date of P.L.2001, c.353 shall be increased from 2/3 to 72.7% of the actual annual compensation for which contributions were being made at the time of the occurrence of the accident. The provisions of section 7 of P.L.1969, c.169 (C.43:3B-8) shall not be applicable to the increases in retirement allowances provided by this section.

##### **§ 18A:66-42.2** Payment of normal contribution for increased benefits under N.J.S.18A:66-41 and N.J.S.18A:66-42 for active members. {#sec-18a-66-42.2 omnilex-key=us-nj-statutes--title-18a--18A:66-42.2}

5. The normal contribution for the increased benefits for active members under N.J.S.18A:66-41 and N.J.S.18A:66-42 as amended by sections 1 and 3 of P.L.2001, c.353 shall be paid from the benefit enhancement fund established pursuant to N.J.S.18A:66-16. If there are excess valuation assets after reductions in normal contributions and member contributions, the amount of excess valuation assets credited to the benefit enhancement fund shall include the present value of the expected additional normal contributions attributable to the provisions of N.J.S.18A:66-41 and N.J.S.18A:66-42 as amended by sections 1 and 3 of P.L.2001, c.353 payable on behalf of the active members over the expected working lives of the active members in accordance with the tables of actuarial assumptions for the valuation period. No additional excess valuation assets shall be credited to the benefit enhancement fund after the maximum amount is attained. Interest shall be credited to the benefit enhancement fund as provided under N.J.S.18A:66-25. If assets in the benefit enhancement fund are insufficient to pay the normal contribution for the increased benefits for a valuation period, the State shall pay the amount of normal contribution for the increased benefits not covered by assets from the benefit enhancement fund.

##### **§ 18A:66-43** Retirement for service age limits. {#sec-18a-66-43 omnilex-key=us-nj-statutes--title-18a--18A:66-43}

Retirement for service shall be as follows: (a) A person who was a member before the effective date of P.L.2008, c.89 and has attained 60 years of age may retire on a service retirement allowance by filing with the retirement system a written application, duly attested, stating at which time subsequent to the execution and filing thereof he desires to be retired. The board of trustees shall retire him at the time specified or at such other time within 1 month after the date so specified as the board finds advisable.

(b) A person who becomes a member on or after the effective date of P.L.2008, c.89 and has attained 62 years of age may retire on a service retirement allowance by filing with the retirement system a written application, duly attested, stating at which time subsequent to the execution and filing thereof the member desires to be retired. The board of trustees shall retire the member at the time specified or at such other time within 1 month after the date so specified as the board finds advisable.

(c) A person who becomes a member on or after the effective date of P.L.2011, c.78 and has attained 65 years of age may retire on a service retirement allowance by filing with the retirement system a written application, duly attested, stating at which time subsequent to the execution and filing thereof the member desires to be retired. The board of trustees shall retire the member at the time specified or at such other time within 1 month after the date so specified as the board finds advisable.

##### **§ 18A:66-44** Service retirement allowances. {#sec-18a-66-44 omnilex-key=us-nj-statutes--title-18a--18A:66-44}

A member, upon retirement for service, shall receive a retirement allowance consisting of:

(a) an annuity which shall be the actuarial equivalent of his accumulated deductions, together with interest after January 1, 1956, less any excess contributions as provided in N.J.S.18A:66-20; and

(b) a pension in the amount which, when added to the member's annuity, will provide a total retirement allowance of 1/64 of final compensation for each year of service credited as class A service and 1/55 of final compensation for each year of service credited as class B service, or for a person who becomes a member of the retirement system on or after the effective date of P.L.2010, c.1 1/60 of final compensation for each year of service credited as class B service.

Upon the receipt of proper proofs of the death of a member who has retired on a service retirement allowance, there shall be paid to the member's beneficiary, an amount equal to 3/16 of the compensation upon which contributions by the member to the annuity savings fund were based in the last year of creditable service or in the year of the member's highest contractual salary, whichever is higher.

##### **§ 18A:66-45** Thirty-five year present-entrant allowances {#sec-18a-66-45 omnilex-key=us-nj-statutes--title-18a--18A:66-45}

Any present-entrant member who has had 35 years of service as a teacher to his credit shall be retired at his request, irrespective of his age, and shall receive a retirement allowance, calculated in accordance with section 18A:66-44, consisting of not less than 1/70 of his final compensation for each year of credited service at retirement.

##### **§ 18A:66-46** Accidental death benefits. {#sec-18a-66-46 omnilex-key=us-nj-statutes--title-18a--18A:66-46}

a. Upon the death of a member in active service as a result of:

(1) an accident met in the actual performance of duty at some definite time and place, or

(2) service in the reserve component of the Armed Forces of the United States or the National Guard in a federal active duty status, and not as the result of his willful negligence, an accidental death benefit shall be payable, if a report of the accident is filed in the office of the retirement system within 60 days next following the accident, but the board of trustees may waive such time limit, for a reasonable period, if in the judgment of the board the circumstances warrant such action.

No such application shall be valid or acted upon unless it is filed in the office of the retirement system within five years of the date of such death.

b. Upon the receipt of proper proofs of the death of a member on account of which an accidental death benefit is payable, there shall be paid to his widow or widower a pension of 50% of the compensation, upon which contributions by the member to the annuity savings fund were based in the last year of creditable service, for the use of herself or himself and the children of the deceased member, to continue during her or his widowhood; if there is no surviving widow or widower or in the case the widow or widower dies or remarries, 20% of such compensation will be payable to one surviving child, 35% of such compensation to two surviving children in equal shares and if there be three or more children, 50% of such compensation will be payable to such children in equal shares. If there is no surviving widow, widower or child, 25% of the compensation upon which contributions by the member to the annuity savings fund were based in the last year of creditable service, will be payable to one surviving parent or 40% of such compensation will be payable to two surviving parents in equal shares. In the event of accidental death occurring in the first year of creditable service, the benefits, payable pursuant to this subsection, shall be computed at the annual rate of compensation.

c. If there is no surviving widow, widower, child or parent, there shall be paid to any other beneficiary of the deceased member his accumulated deductions at the time of death.

d. In no case shall the death benefit provided in subsection b. be less than that provided under subsection c.

e. In addition to the foregoing benefits payable under subsection b. or c., there shall also be paid in one sum to such member's beneficiary an amount equal to 1 1/2 times the compensation upon which contributions by the member to the annuity savings fund were based in the last year of creditable service.

##### **§ 18A:66-47** Teachers' retirement allowance options {#sec-18a-66-47 omnilex-key=us-nj-statutes--title-18a--18A:66-47}

At the time of retirement a member shall receive benefits in a retirement allowance payable throughout life, or the member may on retirement elect to receive the actuarial equivalent of the member's retirement allowance, in a lesser retirement allowance payable throughout life, with the provision that:

Option 1. If the member dies before the member has received in payments the present value of the retirement allowance as it was at the time of retirement, the balance shall be paid to a legal representative or to such person as the member shall nominate by written designation acknowledged and filed with the retirement system, either in lump sum or by equal payments over a period of years at the option of the payee. If the member shall have designated a natural person as a payee, said payee may elect to receive such payments in the form of a life annuity.

Option 2. Upon the member's death, the member's retirement allowance shall be continued throughout the life of and paid to such person as the member shall nominate by written designation duly acknowledged and filed with the retirement system at the time of retirement.

Option 3. Upon the member's death, one-half of the member's retirement allowance shall be continued throughout the life of and paid to such person as the member shall nominate by written designation duly acknowledged and filed with the retirement system at the time of retirement.

Option 4. Some other benefit or benefits shall be paid either to the member or to whomever the member nominates, if such other benefit or benefits, together with the lesser retirement allowance, shall be certified by the actuary to be of equivalent actuarial value. In no case, however, shall the lesser retirement allowance be smaller than that provided under Option 2.

Option 5. Some other benefit, which is equivalent to the full amount, three-quarters, one-half or one-quarter of the member's retirement allowance, shall be paid to whomever the member nominates and if that nominee dies before the member, the member's retirement allowance shall increase to the maximum retirement allowance for the member's lifetime, provided that such other benefit together with the member's lesser and maximum retirement allowances shall be certified by the actuary to be of equivalent actuarial value.

If the total amount of benefits paid to a retirant who does not elect to receive benefits in the form of an optional settlement, or to the retirant and the designated beneficiary in the case of a retirant who does so elect, before the death of the retirant or the retirant and the beneficiary is less than the deductions accumulated in the retirant's account at the time of retirement, including regular interest, the balance shall be paid in one lump sum to the retirant's designated beneficiary or estate in the manner provided in N.J.S.18A:66-48.

Except in the case of members who have elected to receive (1) a deferred retirement allowance pursuant to N.J.S.18A:66-36 or (2) early retirement allowances pursuant to N.J.S.18A:66-37 after separation from service pursuant to N.J.S.18A:66-36, if a member dies within 30 days after the date of retirement or the date of board approval, whichever is later, the member's retirement allowance shall not become effective and the member shall be considered an active member at the time of death. However, if the member dies after the date the application for retirement was filed with the system, the retirement will become effective if:

a. (Deleted by amendment, P.L.1995, c.221);

b. (Deleted by amendment, P.L.1995, c.221);

c. The deceased member had designated a beneficiary under an optional settlement provided by this section; and

d. The surviving beneficiary requests in writing that the board make such a selection. Upon formal action by the board approving that request, the request shall become irrevocable.

The board may select an Option 3 settlement, on behalf of the beneficiary of a member who applied for and was eligible for retirement but who died prior to the effective date of the retirement allowance, if all of the above conditions, with the exception of c., are met.

##### **§ 18A:66-47.1** Spouse's benefit elimination by teacher {#sec-18a-66-47.1 omnilex-key=us-nj-statutes--title-18a--18A:66-47.1}

Notwithstanding the provisions of chapter 66 of Title 18A of the New Jersey Statutes or any other law to the contrary, whenever a member of the Teachers' Pension and Annuity Fund elects a retirement benefit which is payable for the life of the member only and terminating at his death, without refund of any kind to the spouse, the member shall be required, before electing that benefit, to sign a form stating that the member has elected that benefit, that the member understands that it is payable during the member's lifetime only and that no benefits will be payable to the member's spouse after death. The Division of Pensions, Department of the Treasury, shall notify the member's spouse if the member identifies the spouse on the form. Notification shall be by certified mail to the spouse's address as provided on the form by the member. If the member has not provided an address for the spouse on the form, the Division of Pensions, Department of the Treasury, shall send the notice, by certified mail, to the spouse at the member's address. The notice shall advise the spouse that the retirement benefit chosen by the member is payable during the member's lifetime only and that no benefits, other than any applicable life insurance benefits, shall be payable to the beneficiary after the member's death.

##### **§ 18A:66-47.2** Election of death benefit or retirement allowance {#sec-18a-66-47.2 omnilex-key=us-nj-statutes--title-18a--18A:66-47.2}

Notwithstanding any other law to the contrary, the beneficiary of a member who has more than 37 years of service credit and who dies on or after the 24th day after filing an application for retirement and two days before the effective date of the retirement may elect to receive the death benefit payable to the member's beneficiary if the member had died in active service or the retirement allowance elected by the member and payable to the beneficiary pursuant to section 18A:66-47.

##### **§ 18A:66-47.3** Applicability of N.J.S.18A:66-47 {#sec-18a-66-47.3 omnilex-key=us-nj-statutes--title-18a--18A:66-47.3}

3. N.J.S.18A:66-47 as amended by section 1 of P.L.1995, c.221 shall apply to a filing for retirement received by the retirement system on or after January 1, 1992, except it shall not apply in a situation in which benefits were paid prior to the effective date of P.L.1995, c.221 to any beneficiary other than or in addition to the beneficiary who would be eligible for benefits under N.J.S.18A:66-47 as amended by section 1 of P.L.1995, c.221. Benefits payable under N.J.S.18A:66-47 as amended by section 1 of P.L.1995, c.221 on a filing for retirement received by the retirement system prior to the effective date of P.L.1995, c.221 shall be adjusted, if necessary, to account for an insurance benefit or return of contributions paid on behalf of the member prior to the effective date of P.L.1995, c.221, and the amount of a retirement allowance or insurance benefit payable may be reduced, so that the total amount of benefit paid on behalf of the member shall not exceed the value of the benefit to which the member or beneficiary would have been entitled if P.L.1995, c.221 had been in effect on the date of the filing for retirement.

##### **§ 18A:66-48** Monthly payments; payment upon death of retirant {#sec-18a-66-48 omnilex-key=us-nj-statutes--title-18a--18A:66-48}

A pension, an annuity or a retirement allowance granted under the provisions of this article shall be effective only on the first day of a month, shall be paid in equal monthly installments, and shall not be decreased, increased, revoked, or repealed, except as otherwise provided in this article; provided, however, that at the time any benefit becomes payable, any unpaid balance of a loan or arrearage outstanding shall be deducted from any benefit otherwise payable.

Upon the death of a retirant, any unpaid benefits due him shall be paid in one lump sum to such person, if living, as he shall have nominated by written designation duly executed and filed with the board of trustees, otherwise to the executor or administrator of the retirant's estate. No pension, annuity or retirement allowance shall be due to a retirant or a beneficiary unless it constitutes a payment for an entire month; provided, however, that a pension, annuity or retirement allowance shall be payable for the entire month in which the retirant or beneficiary dies.

##### **§ 18A:66-49** Benefits of TRF retirants {#sec-18a-66-49 omnilex-key=us-nj-statutes--title-18a--18A:66-49}

Any member or beneficiary of the teachers' pension and annuity fund who was a member of the teachers' retirement fund as created by L.1896, c. 32; L.1899, c. 178; L.1900, c. 96; L.1902, c. 36; L.1903 (2nd Sp.Sess.), c. 1; L.1905, c. 95; L.1906, c. 314; L.1907, c. 139; prior to his becoming a member of the teachers' pension and annuity fund, shall receive in addition to his retirement allowance otherwise payable a pension which shall be the actuarial equivalent of the contributions, without interest, which he paid to the teachers' retirement fund prior to September 1, 1919, which he has not otherwise received.

##### **§ 18A:66-51** Allowances exempt from taxes; assignment of group insurance policy rights and benefits {#sec-18a-66-51 omnilex-key=us-nj-statutes--title-18a--18A:66-51}

The right of a person to a pension, an annuity, or a retirement allowance, to the return of contributions, any benefit or right accrued or accruing to a person under the provisions of this article, and the moneys in the various funds created under this article, shall be exempt from any State or municipal tax and from levy and sale, garnishment, attachment or any other process arising out of any State of Federal court, and, except as hereafter in this section and as in this article otherwise provided, shall be unassignable.

Nothing in this section shall prohibit any person insured under a group insurance policy, pursuant to an arrangement among the insured, the group policyholder and the insurer, from making to any person other than his employer, a gift assignment of the rights and benefits conferred on him by any provision of such policy or by law including specifically but not by way of limitation the right to exercise the conversion privilege and the right to name a beneficiary. Any such assignment, whether made before or after the effective date of this act, shall entitle the insurer to deal with the assignee as the owner of all rights and benefits conferred on the insured under the policy in accordance with the terms of the assignment.

##### **§ 18A:66-52** Veterans not covered under R.S. 43:4-1.3 {#sec-18a-66-52 omnilex-key=us-nj-statutes--title-18a--18A:66-52}

No veteran eligible for membership in the teachers' pension and annuity fund shall be eligible for, or receive, retirement benefits under sections 43:4-1, 43:4-2 and 43:4-3 of the Revised Statutes.

##### **§ 18A:66-53** Additional death benefit coverage {#sec-18a-66-53 omnilex-key=us-nj-statutes--title-18a--18A:66-53}

a. Each member who is a member on January 1, 1958 and each person who thereafter becomes a member will be eligible to purchase the additional death benefit coverage hereinafter described, provided that he selects such coverage within one year after January 1, 1958 or after the effective date of membership, whichever date is later.

b. Each member who is a member on October 29, 1969 , but for whom such additional death benefit coverage is not then in effect, shall, during the period stated below, also be eligible to elect such additional death benefit coverage, provided he (1) furnished satisfactory evidence of insurability, (2) on the date of such election is actively at work and performing all his regular duties at his customary place of employment and (3) agrees to make such additional contribution as may be required by the board of trustees by reason of the commencement of such member's participation in the benefits of this section pursuant to this subsection b. Applications under this subsection shall be filed during the period January 1, 1970 to March 31, 1970, both dates inclusive. Benefits for a member applying under this subsection shall come into effect on the later of (a) July 1, 1970 and (b) the date a required percentage of such members shall have applied for such additional death benefit coverage. This required percentage shall be fixed by the board of trustees. Any such percentage may be made applicable to male or female members only or to other groupings as determined by the board of trustees.

c. No member who enrolls on and after July 1, 1970 for the additional death benefit coverage provided by this section shall be eligible for the benefits described in subsections f. and g. if such member retires with less than 10 years of participation in the program.

d. The board of trustees shall establish schedules of contributions to be made by the members who elect to purchase the additional death benefit coverage. Such contributions shall be so computed that the contributions made by or on behalf of all covered members in the aggregate shall be sufficient to provide for the cost of the benefits established by subsections e. and g. of this section. Such schedules of contributions shall be subject to adjustment from time to time, by the board of trustees, as the need may appear.

e. Upon the receipt of proper proofs of the death in service, occurring on or after July 1, 1968, of any such member while covered for the additional death benefit coverage there shall be paid to such member's beneficiary an amount equal to two times the compensation received by the member in the last year of creditable service.

f. The board of trustees may also provide, effective as of January 1, 1961, for additional death benefit coverage, as described in subsection g. of this section, for former members who are receiving retirement allowances pursuant to the provisions of this article, subject to the provisions hereinafter stated, and the board may terminate such coverage at any time. The additional death benefit coverage to be so provided shall be in accordance with rules as determined by the board from time to time on the basis of dates of retirement or other factors deemed appropriate by it. In no event shall the additional death benefit coverage described in subsection g. of this section apply to any former member receiving a retirement allowance unless such member was covered by the additional death benefit described in subsection e. of this section during the former member's last month of creditable service. No contributions toward the cost of additional death benefit coverage described in subsection g. of this section shall be required of a former member while he is receiving a retirement allowance pursuant to the provisions of this article.

g. Upon receipt of proper proofs of the death, occurring on or after July 1, 1968, of a former member who was covered for the additional death benefit coverage pursuant to subsection f. of this section, there shall be paid to such former member's beneficiary an amount equal to 1/4 of the compensation received by the former member in the last year of creditable service or in the year of the former member's highest contractual salary, whichever is higher.

h. The contributions of a member for the additional death benefit coverage shall be deducted from his compensation, but if there is no compensation from which such contributions may be deducted it shall be the obligation of the member, except as provided in subsection j. of this section, to make such contributions directly to the retirement system or as directed by the system; provided, however, that no contributions shall be required while a member remains in service after attaining age 70 but that his employer shall be required to pay into the fund on his behalf in such case an amount equal to the contributions otherwise required by the board of trustees in accordance with this section.

i. Any other provisions of this article notwithstanding the contributions of a member for the additional death benefit coverage under this section shall not be returnable to the member or his beneficiary in any manner, or for any reason whatsoever, nor shall any contributions made for the additional death benefit coverage be included in any annuity payable to any such member or to his beneficiary.

j. For the purpose of this section, a member shall be deemed to be in service (1) while he is disabled due to sickness or injury arising out of or in the course of his employment as a teacher to whom this article applies, is not engaged in any gainful occupation, and is receiving or entitled to receive periodic benefits (including any commutation of, or substitute for, such benefits) for loss of time on account of such disability under or by reason of workmen's compensation law, occupational disease law or similar legislation; or (2) for a period of no more than two years while on official leave of absence without pay if satisfactory evidence is presented to the retirement system that such leave of absence without pay is due to illness other than an illness to which (1) above applies. No contributions for the optional death benefit provided by this section shall be required of a member while he is deemed to be in service pursuant to the above provisions of this subsection j.

k. All other provisions of this section notwithstanding , this section and the benefits provided under this section shall not come into effect until a required percentage of the members shall have applied for the additional death benefit coverage under this section. This required percentage shall be fixed by the board of trustees. Any such percentage may be made applicable to male or female members only or to other groupings as determined by the board of trustees. Applications for such additional death benefit coverage shall be submitted to the system in such manner and upon such forms as the retirement system shall provide.

l. Any person becoming a member of the retirement system after benefits provided under this section shall have come into effect, who is, by sex or other characteristic, within the grouping to which the additional death benefit coverage under this section is applicable, for the first year of his membership in the retirement system shall be covered by the additional death benefit coverage provisions of this section with the benefit in the event of death, in the first year of membership only, being based upon contractual salary instead of compensation actually received and shall make contributions as fixed by the board of trustees during such period. Such member shall have the right to continue to be covered by the benefits of this section and to contribute therefor after his first year of membership has been completed. This subsection shall not apply in the case of such a member who has already attained his sixtieth birthday prior to becoming a member of the retirement system unless he shall furnish satisfactory evidence of insurability at the time of becoming a member.

##### **§ 18A:66-53.1** Beneficiary of member or retirant; designation; change; payments; options {#sec-18a-66-53.1 omnilex-key=us-nj-statutes--title-18a--18A:66-53.1}

The designation of beneficiary by a member or retirant shall be made in writing on a form satisfactory to the retirement system, and filed with the retirement system. The member or retirant may, from time to time and without the consent of his death benefit designee, change the beneficiary by filing written notice of the change with the system on a form satisfactory to it. The new nomination will be effective on the date the notice, in proper form, is received by the system, and any prior nomination shall thereupon become void.

If more than one beneficiary is nominated and in such nomination the member or retirant has failed to specify their respective interests, the beneficiaries shall share equally. If any beneficiary predeceases the member or retirant, the interest of such beneficiary shall terminate and shall be shared equally by such of the beneficiaries as survive the member or retirant, unless the member or retirant has made written request to the contrary in his beneficiary nomination.

Any amounts due for which there is no beneficiary at the death of a member, retirant or beneficiary shall be payable to the estate of such member, retirant or beneficiary.

Except with regard to the payment of the member's accumulated deductions with regular interest and the payment, upon the death of (1) a retirant after attaining the age of 60 or receiving an allowance pursuant to section 18A:66-37, or (2) a member after attaining the age of 70 years, of the death benefits provided in sections 18A:66-36, 18A:66-37, 18A:66-41, 18A:66-42, and 18A:66-44, a member may elect, by making written request to the retirement system, that the whole or any part of his death benefits be made payable to his beneficiary either as a life annuity or in equal installments over a period of years specified in such election, and may alter such election from time to time during his lifetime by again making such written request. In the event of a change of beneficiary, any previous arrangement by the member or retirant under this paragraph shall be void. The election set forth in this paragraph shall not apply or be available when the beneficiary is an estate, or a corporation, partnership, association, institution, trustee or any fiduciary.

If, at the member's or retirant's death, an amount of death benefit would be payable to the beneficiary in a single sum, any election with regard to such amount which was available to the member or retirant immediately prior to his death in accordance with the provisions of the immediately preceding paragraph shall then be available to such beneficiary for the benefit of such beneficiary.

##### **§ 18A:66-53.2** Reemployment of retireant, reenrollment; subsequent retirement. {#sec-18a-66-53.2 omnilex-key=us-nj-statutes--title-18a--18A:66-53.2}

a. Except as provided in subsection b. of this section, if a former member of the retirement system who has been granted a retirement allowance for any cause other than disability, becomes employed again in a position which makes him eligible to be a member of the retirement system, his retirement allowance and the right to any death benefit as a result of his former membership, shall be canceled until he again retires.

Such person shall be reenrolled in the retirement system and shall contribute thereto at a rate based on his age at the time of reenrollment. Such person shall be treated as an active member for determining disability or death benefits while in service and no benefits pursuant to an optional selection with respect to his former membership shall be paid if his death shall occur during the period of such reenrollment.

Upon subsequent retirement of such member, his former retirement allowance shall be reinstated together with any optional selection, based on his former membership. In addition, he shall receive an additional retirement allowance based on his subsequent service as a member computed in accordance with applicable provisions of this article; provided, however, that his total retirement allowance upon such subsequent retirement shall not be a greater proportion of his final compensation than the proportion to which he would have been entitled had he remained in service during the period of his prior retirement. Any death benefit to which such member shall be eligible shall be based on his latest retirement, but shall not be less than the death benefit that was applicable to his former retirement.

b. The cancellation, reenrollment, and additional retirement allowance provisions of subsection a. of this section shall not apply to a former member of the retirement system who is a certificated superintendent or a certificated administrator and who, after having been granted a retirement allowance, becomes employed by the State Department of Education in a position of critical need as determined by the State Commissioner of Education, or becomes employed by a board of education as a certificated superintendent or a certificated administrator, or who is a certified school nurse and who, after having been granted a retirement allowance, becomes employed by a board of education as a certified school nurse, on a contractual basis for a term of not more than one year; except that the cancellation, reenrollment, and additional retirement allowance provisions shall apply if the former member becomes employed within 120 days of retirement, or if the former member becomes employed as a certified school nurse within 180 days of retirement, with the employer from which the member retired. Nothing herein shall preclude a former member so reemployed with a board of education from renewing a contract for one additional year; provided that the total period of employment with any individual board of education does not exceed a two-year period, unless so approved by the Commissioner of Education as being in the best interests of the school district; and provided that no such renewal shall provide the former member an election regarding whether or not to be reenrolled.

c. A former member of the retirement system who has been granted a retirement allowance, for any cause other than disability, may become employed again with the former employer in a position as a coach of an athletics activity if: (1) the employment commences after the retirement allowance becomes due and payable; (2) the former member had attained the service retirement age, applicable to that member, as of the date of retirement; and (3) the compensation for the employment is less than $15,000 per year. This subsection shall be effective if the qualified status of the retirement system under federal law can be maintained upon its application, and such modifications to the system as may be available shall be made to allow for its application. As used in this section, "former employer" means the employer with which the former member held employment immediately prior to retirement.

##### **§ 18A:66-53.3** Limitation on additional death benefit coverage {#sec-18a-66-53.3 omnilex-key=us-nj-statutes--title-18a--18A:66-53.3}

No member who enrolls on or after July 1, 1971 for the additional death benefit coverage provided by section 18A:66-53 shall be eligible for the benefits described in subsections f. and g. of the said section if such member retires with less than 10 years of participation in the program.

##### **§ 18A:66-54** Deductions from retirement allowance for TPAF members. {#sec-18a-66-54 omnilex-key=us-nj-statutes--title-18a--18A:66-54}

If possible, whenever any beneficiary of the teachers' pension and annuity fund shall, in writing, request the Division of Pensions and Benefits to make deductions from the beneficiary's retirement allowance or pension for the payment of premiums for the pensioners' group health or dental insurance plan or the State Health Benefits Program, the division may make such deductions and transmit the sum so deducted to the companies carrying the policies. Any such written authorization may be withdrawn by any beneficiary upon filing notice of such withdrawal with the division. Deductions for the payment of the premiums for a group dental insurance plan shall be made by the division only if 1,000 or more beneficiaries covered by that plan have made written requests for deductions.

##### **§ 18A:66-55** Powers and privileges of a public corporation {#sec-18a-66-55 omnilex-key=us-nj-statutes--title-18a--18A:66-55}

The teachers' pension and annuity fund shall for purposes of this article possess the powers and privileges of a public corporation, and any real property held by it as an investment and occupied by the state or any agency thereof shall be deemed for all purposes to be equivalent to and to have the same status as real property owned by the state.

##### **§ 18A:66-56** Board of trustees, committee duties, appointment or election, terms, vacancies, oaths, voting, expenses. {#sec-18a-66-56 omnilex-key=us-nj-statutes--title-18a--18A:66-56}

a. (1) Subject to the provisions of chapter 70 of the laws of 1955, the general responsibility for the proper operation of the teachers' pension and annuity fund shall be vested in the board of trustees, and, as specified, in the committee established pursuant to subsection b. of this section. Subject to the limitations of the law, the board shall annually establish rules and regulations for the administration and transaction of the board's and committee's business and for the control of the funds created by this article. Such rules and regulations shall be consistent with those adopted by the other pension funds within the Division of Pensions and Benefits in order to permit the most economical and uniform administration of all such retirement systems. The committee shall adopt such regulations as provided in subsection b. of this section.

(2) The membership of the board shall consist of the following:

(a) The State Treasurer or the deputy State Treasurer, when designated for that purpose by the State Treasurer;

(b) Two trustees appointed by the Governor, with the advice and consent of the Senate, who shall serve for a term of office of three years and until their successors are appointed, and who shall be private citizens of the State of New Jersey and who are neither an officer thereof nor active or retired members of the system, except that of the two trustees initially appointed by the Governor pursuant to P.L.1992, c.41 (C.43:6A-33.1 et al.), one shall be appointed for a term of two years and one for a term of three years;

(c) Three trustees from among the active or retired members of the retirement system, elected by the membership or by the delegates elected for this purpose by the membership, one of whom shall be elected each year for a three-year term commencing on January 1, following such election in such manner as the board of trustees may prescribe. If the board of trustees determines that the election of trustees under this subsection is to be made by delegates elected by the membership, it shall prescribe that those delegates shall be chosen from among active and retired members of the retirement system;

(d) One trustee not an active or retired teacher nor an officer of the State, elected by the other trustees, other than the State Treasurer, for a term of three years.

(3) A vacancy occurring in the board of trustees shall be filled in the same manner as provided in this section for regular appointment or election to the position where the vacancy exists, except that a vacancy occurring in the trustees elected from among the active or retired members of the retirement system shall be filled for the unexpired term.

Each member of the board shall, upon appointment or election, take an oath of office that, so far as it devolves upon him, he will diligently and honestly administer the board's affairs, and that he will not knowingly violate or willfully permit to be violated any provision of law applicable to this article. The oath shall be subscribed to by the member making it, certified by the officer before whom it is taken and filed immediately in the office of the Secretary of State.

Each trustee shall be entitled to one vote in the board and a majority of all the votes of the entire board shall be necessary for a decision by the board of trustees at a meeting of the board or committee. The board shall keep a record of all its proceedings, which shall be open to public inspection.

The members of the board shall serve without compensation but shall be reimbursed for any necessary expenditures. No employee shall suffer loss of salary or wages through serving on the board.

(4) The State Treasurer shall designate a medical board after consultation with the Director of the Division of Pensions and Benefits, subject to veto by the board for valid reason. It shall be composed of three physicians who are not eligible to participate in the retirement system. The medical board shall pass upon all medical examinations required under the provisions of this article, shall investigate all essential statements and certificates by or on behalf of a member in connection with an application for disability retirement, and shall report in writing to the retirement system its conclusions and recommendations upon all matters referred to it.

b. There is established a committee to be composed of eight members, four of whom shall be appointed by the Governor as representatives of public employers whose employees are enrolled in the retirement system, three of whom shall be appointed by the head of the union representing the greatest number of members of the retirement system having union membership, and one of whom shall be appointed by the head of the union representing the second greatest number of members of the retirement system having union membership. The members of the committee shall not be appointed until the system, or part of the system, attains the target funded ratio.

The members of the committee shall serve for a term of three years and until a successor is appointed and qualified. Of the initial appointments by the Governor, two members shall serve for two years and until a successor is appointed and qualified, and one shall serve for one year and until a successor is appointed and qualified. Of the initial appointments by the head of the union representing the greatest number of members of the retirement system, one member shall serve for two years and until a successor is appointed and qualified, and one shall serve for one year and until a successor is appointed and qualified.

The members of the committee shall select a chairperson from among the members, who shall serve for a term of one year, with no member serving more than one term, until all the members of the committee have served a term in a manner alternating among the employer representatives and employee representatives, unless the committee determines otherwise with regard to this process.

The provisions of paragraph (3) of subsection a. of this section, and N.J.S.18A:66-60, shall apply to the committee and its members, as appropriate.

Upon the convening of any meeting of the committee, the members shall consider a motion to assume the authority provided in this subsection and shall proceed only if a majority of the members of the committee vote in the affirmative on that motion.

The committee may contract with such actuaries or consultants, or both, in accordance with the provisions of P.L.1954, c.48 (C.52:34-6 et seq.), as the committee may deem necessary to perform its duties, when the system or part of the system has attained the target funded ratio.

When the retirement system, or a part of the system, has attained the target funded ratio as defined in section 27 of P.L.2011, c.78 (C.43:3C-16), the committee shall have the discretionary authority for the system or for that part, as appropriate, to (1) modify the: member contribution rate; formula for calculation of final compensation; the fraction of compensation applied to service credited after the modification; age at which a member may be eligible for and the benefits for service or early retirement; and benefits provided for disability retirement; and (2) activate the application of the "Pension Adjustment Act," P.L.1958, c.143 (C.43:3B-1 et seq.) for retirees for the period that the system or part is at or above the target funded ratio and modify the basis for the calculation of the adjustment and set the duration and extent of the activation. The committee shall give priority consideration to subparagraph (2) of this paragraph. The committee shall not have the authority to change the years of creditable service required for vesting.

The committee may consider a matter described above and render a decision notwithstanding that the provisions of the statutory law may set forth a specific requirement on that matter.

The committee may consider a matter described above and render a decision notwithstanding that the provisions of the statutory law do not set forth a specific requirement on the considered aspect of that matter or address that matter at all.

The members of the committee shall have the same duty and responsibility to the retirement system as do the members of the board of trustees. No decision of the committee shall be implemented if the direct or indirect result of the decision will be that the system's or part's funded ratio falls below the target funded ratio in any valuation period during the 30 years following the implementation of the decision. The actuary of the fund shall make a determination of the result in that regard and submit that determination in a written report to the committee and the board prior to the implementation of the decision.

If any matter before the committee receives at least five votes in the affirmative, the board of trustees shall approve and implement the committee's decision.

If any matter regarding benefits before the committee receives four votes in the affirmative and four votes in the negative or the committee otherwise reaches an impasse on a decision, the provisions of section 33 of P.L.2011, c.78 (C.43:3C-17) shall be followed.

A final action of the committee shall be made by the adoption of a regulation that shall identify the modifications to the system by reference to statutory section. The regulations shall also specify the effective date of the modification and the system members, including beneficiaries and retirees, to whom the modification applies. Regulations of the committee are considered to be part of the plan document for the system. A regulation adopted by the committee may be modified by regulation in order to comply with the requirements of this section.

c. No member of the board, committee, employee of the board, or employee of the Division of Pensions and Benefits in the Department of the Treasury shall accept from any person, whether directly or indirectly and whether by himself or through his spouse or any member of his family, or through any partner or associate, any gift, favor, service, employment or offer of employment, or any other thing of value, including contributions to the campaign of a member or employee as a candidate for elective public office, which he knows or has reason to believe is offered to him with intent to influence him in the performance of his public duties and responsibilities. As used in this paragraph, "person" means an (1) individual or business entity, or officer or employee of such an entity, who is seeking, or who holds, or who held within the prior three years, a contract with the board; (2) an active or retired member, or beneficiary, of the retirement system; or (3) an entity, or officer or employee of such an entity, in which the assets of the retirement system have been invested. A board or committee member or employee violating this prohibition shall be guilty of a crime of the third degree.

##### **§ 18A:66-56.1** Board of trustees, terms staggered {#sec-18a-66-56.1 omnilex-key=us-nj-statutes--title-18a--18A:66-56.1}

1. Notwithstanding the provisions of N.J.S.18A:66-56 and in order to effect the staggering of the terms of the members of the board of trustees of the retirement system elected from the groups defined in the regulations of the retirement system, the terms of those members shall be as follows:

a. the member elected from Group A for a term commencing January 1, 1997, shall serve a term of three years;

b. the member elected from Group C for a term commencing January 1, 1997, shall serve a term of two years;

c. the member elected from Group B for a term commencing on January 1, 1998, shall serve a term of three years.

Members elected thereafter shall serve three-year terms.

##### **§ 18A:66-57** Officers, actuary, legal adviser, secretary. {#sec-18a-66-57 omnilex-key=us-nj-statutes--title-18a--18A:66-57}

The board shall elect annually from its membership a chairman and may also elect a vice chairman, who shall have all the power and authority of the chairman in the event of the death, absence or disability of the chairman. The actuary of the fund shall be selected by the Retirement Systems Actuary Selection Committee established by P.L.1992, c.125.

The actuary shall be the technical adviser of the board and the committee on matters regarding the operation of the funds created by the provisions of this article and shall perform such other duties as are required in connection therewith.

The Attorney General shall be the legal adviser of the retirement system, except that if the Attorney General determines that a conflict of interest would affect the ability of the Attorney General to represent the board or the committee on a matter affecting the retirement system, the board may select and employ legal counsel to advise and represent the board or the committee on that matter.

The chief or assistant chief of the office of secretarial services of the Division of Pensions and Benefits of the State Department of the Treasury, shall be the secretary of the board. The chief and assistant chief of the office of secretarial services shall be in the competitive division of the State classified service. The secretary presently in office shall hold the position as chief of the office of secretarial services subject to all of the provisions of Title 11 of the Revised Statutes and shall not be removed from said office except in the manner provided under the provisions of said title relating to permanent employees in the competitive division of the State classified service. The board of trustees shall select its secretary from among the eligible candidates.

##### **§ 18A:66-58** Actuary's report {#sec-18a-66-58 omnilex-key=us-nj-statutes--title-18a--18A:66-58}

The actuary shall recommend, and the Division of Pensions shall keep in convenient form, such data as shall be necessary for actuarial valuation of the various funds created by this article. At least once in every 3-year period the actuary shall make an actuarial investigation into the mortality, service and compensation or salary experience of the members and beneficiaries as defined in this article and shall make a valuation of the assets and liabilities of the various funds created by this article. Upon the basis of such investigation and valuation, with the advice of the actuary, the board shall:

(a) Adopt for the retirement system such mortality, service and other tables as shall be deemed necessary; and

(b) Certify the rates of contribution, expressed as a proportion of the compensation of members, which shall be made by the State to the contingent reserve fund.

##### **§ 18A:66-58.1** Annuity values; determination without reference to sex {#sec-18a-66-58.1 omnilex-key=us-nj-statutes--title-18a--18A:66-58.1}

Annuity values, including actuarial equivalents under optional selections, for all members of the Teachers' Pension and Annuity Fund shall be determined without reference to sex; provided, however, that this amendatory and supplementary act shall not limit the actuary from using sex as a factor in the actuarial valuation required pursuant to N.J.S. 18A:66-68.

##### **§ 18A:66-59** Annual reports {#sec-18a-66-59 omnilex-key=us-nj-statutes--title-18a--18A:66-59}

The retirement system shall publish annually a report showing a valuation of the assets and liabilities of the funds created by this article, certifying as to the accumulated cash and securities of the funds and stating other facts pertaining to the system. The board shall submit the report to the Governor and furnish a copy to every employer for use of the members and the public.

##### **§ 18A:66-60** No interest in fund by trustees or employees {#sec-18a-66-60 omnilex-key=us-nj-statutes--title-18a--18A:66-60}

Except as otherwise herein provided, no trustee and no employee of the board of trustees shall have any direct interest in the gains or profits of any investments of the retirement system; nor shall any trustee or employee of the board directly or indirectly, for himself or as an agent, in any manner use the moneys of the retirement system, except to make such current and necessary payments as are authorized by the board of trustees; nor shall any trustee or employee of the board of trustees become an endorser or surety, or in any manner an obligor for moneys loaned to or borrowed from the retirement system.

##### **§ 18A:66-61** Trustees to control funds, investment council member, finance committee. {#sec-18a-66-61 omnilex-key=us-nj-statutes--title-18a--18A:66-61}

The board of trustees shall be and are hereby constituted trustees of the various funds and accounts established by this article; provided, however, that all functions, powers and duties relating to the investment or reinvestment of moneys of, and purchase, sale or exchange of any investments or securities, of or for any fund or account established under this article, shall be exercised and performed by the Director of the Division of Investment in accordance with the provisions of chapter 270, of the laws of 1950. The secretary of the board of trustees shall determine from time to time the cash requirements of the various funds and accounts established by this article and the amount available for investment, all of which shall be certified to the Director of the Division of Investment.

An elected member of the board of trustees to be designated by a majority vote thereof shall serve on the state investment council as a representative of said board of trustees, for a term of three years and until a successor is designated and qualified.

The finance committee of the board of trustees shall be appointed on or before July 1 of each calendar year by the chairman of the board of trustees to serve through June 30 of the ensuing calendar year and until their successors are appointed. The finance committee of the board of trustees shall consist of three members of the board of trustees, one of whom shall be the State Treasurer.

##### **§ 18A:66-62** Treasurer custodian of funds {#sec-18a-66-62 omnilex-key=us-nj-statutes--title-18a--18A:66-62}

The state treasurer shall be the custodian of the funds created by this article, shall select all depositories and custodians and shall negotiate and execute custody agreements in connection with the assets or investments of any of said funds.

All payments from the funds shall be made by him only upon voucher signed by the chairman and countersigned by the secretary of the board of trustees. No voucher shall be drawn, except upon the authority of the board duly entered in the record of its proceedings.

##### **§ 18A:66-63** Correction of errors by trustees {#sec-18a-66-63 omnilex-key=us-nj-statutes--title-18a--18A:66-63}

If any change or error in records results in a member or beneficiary receiving from the retirement system more or less than he would have been entitled to receive had the records been correct, then on discovery of the error, the board of trustees shall correct it and, so far as practicable, adjust the payments in such a manner that the actuarial equivalent of the benefit to which he was correctly entitled shall be paid.

##### **§ 18A:66-64** False statements to defraud, misdemeanors {#sec-18a-66-64 omnilex-key=us-nj-statutes--title-18a--18A:66-64}

A person who knowingly makes a false statement, or falsifies or permits to be falsified any record of the retirement system, in an attempt to defraud the system as a result of such act shall be guilty of a misdemeanor.

##### **§ 18A:66-65** Agreement on social security {#sec-18a-66-65 omnilex-key=us-nj-statutes--title-18a--18A:66-65}

The authorization and direction of the state agency, with the approval of the governor, to enter on behalf of the state into an agreement with the secretary of the United States department of health, education and welfare for the purposes of extending the provisions of the federal old-age and survivors insurance system to service performed by employees in positions covered by the provisions of sections 24 to 110, inclusive, of chapter 13 of Title 18 of the Revised Statutes of New Jersey or by this article; provided, however,

(a) That such employees are members of a retirement system coverage group within the meaning of the social security act as amended;

(b) That the agreement shall not be made applicable to services in such positions so long as said positions are barred from coverage by the provisions of the social security act as amended;

(c) That the agreement shall be consistent with the terms and provisions of this article. It shall cover all employment in positions covered by the teachers' pension and annuity fund on June 1, 1955 and each board of education or other employer in the state shall be deemed to have submitted a plan in accordance with the provisions of section 5 of chapter 253, of the laws of 1951; and

(d) That the effective date of said social security agreement shall be January 1, 1955;

is continued and action heretofore taken pursuant thereto is ratified and confirmed.

##### **§ 18A:66-66** State, employer share of social security obligations {#sec-18a-66-66 omnilex-key=us-nj-statutes--title-18a--18A:66-66}

The State shall provide the amount of the employer's share of the social security contributions for members by appropriations upon certification by the State Treasurer as to the amounts required; provided, however, that the State's provision for the social security contributions shall be limited to contributions upon compensation upon which members' contributions to the retirement system are based. The employer shall pay the employer's share of social security contribution upon all other wages.

##### **§ 18A:66-68** Effect of abolition of social security offset {#sec-18a-66-68 omnilex-key=us-nj-statutes--title-18a--18A:66-68}

The repeal, by section 11 of chapter 66 of the laws of 1966, saved from repeal in section 18A:66-92 of this article, of section 68 of chapter 37 of the laws of 1955, chapter 218 of the laws of 1956, chapter 123 of the laws of 1960, chapter 108 of the laws of 1962, chapter 190 of the laws of 1964, shall not be construed to provide for any retroactive effect and where a member's retirement allowance was reduced by the amount of the old age insurance benefit under Title II of the social security act, paid or payable to him, whether received or not, such reduction ceased, or if such reduction was to be made upon the member's attainment of 65, no such reduction shall be made, on or after July 1, 1966.

##### **§ 18A:66-69** Limitations on death benefits or other benefits {#sec-18a-66-69 omnilex-key=us-nj-statutes--title-18a--18A:66-69}

Any other provision of this article notwithstanding, (a) any member who is not covered under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act as a teacher shall not be eligible for the death benefit provisions of sections 18A:66-36, 18A:66-37, 18A:66-38, 18A:66-41, 18A:66-42, 18A:66-44, 18A:66-46e, and 18A:66-53, except for the payment of accumulated deductions together with regular interest; (b) no beneficiary of a pensioner who enrolled as a member on or after July 1, 1971 and who retired for any reason other than disability shall be entitled to receive benefits pursuant to the noncontributory death benefit coverages provided by this article if the pensioner had less than 10 years of service credit for retirement purposes at the time of retirement; (c) no member or beneficiary shall be entitled to receive a monthly retirement allowance or other benefit payable pursuant to this article unless the amount of the allowance or benefit would be at least $25.00 per month.

##### **§ 18A:66-70** Veterans' free membership in fund {#sec-18a-66-70 omnilex-key=us-nj-statutes--title-18a--18A:66-70}

a. Each public employee veteran member shall have returned to him his accumulated deductions as of January 1, 1956, less contributions based on his compensation for the year 1955 at the rate of contribution provided in subsection b. All service rendered in office, position, or employment of this state or of a county, municipality, or school district, board of education or other public employer by such veteran member previous to January 1, 1955, for which evidence satisfactory to the retirement system is presented, shall be credited to him as a "class B" member and the accrued liability for such credit shall be paid by the employer as provided in section 18A:66-33; provided, however, that no credit shall be allowed for such service rendered prior to January 1, 1955 unless the member purchases credit for all service rendered on or after such date.

b. Each public employee veteran member as of January 1, 1956, shall make contributions to the retirement system at the rates of contribution applicable to class B members of the public employee's retirement system as of January 2, 1955, as provided in section 18A:66-29. Each public employee veteran member shall pay the proportion of compensation applicable to his age at the commencement of employment, position or office with the State, any county, municipality or school district, board of education or other public employer, except that where such service has not been continuous, the public employee veteran member shall pay the proportion of compensation applicable to the age resulting from the subtraction, as of January 1, 1955, of his years of service from his age. No public employee veteran member shall be required during the continuation of his membership to increase the proportion of compensation certified on January 1, 1956, or at the time of becoming a member, if later, as payable by him, except as provided in section 18A:66-29.

c. In the event that a public employee veteran who prior to January 1, 1956, rendered service in office, position, or employment of this State or of a county, municipality, or school district, board of education or other public employer, but who is not in such office, position or employment on January 1, 1956, shall later become a member of the retirement system, such public employee veteran member shall receive prior service credit for service rendered prior to January 1, 1955, for which evidence satisfactory to the retirement system is presented, and shall pay the proportion of compensation, applicable to the age resulting from the subtraction of his years of such prior service from his age on the date of his becoming a member of the retirement system and as provided in section 18A:66-29. The State shall pay the accrued liability on behalf of such prior service, and such liability shall be paid in such a manner that the total obligation will be met within the period of time fixed for the liquidation of such accrued liabilities under this article.

##### **§ 18A:66-70.1** Permission for member to cancel purchase of credit {#sec-18a-66-70.1 omnilex-key=us-nj-statutes--title-18a--18A:66-70.1}

7. If, following application by a member of the retirement system to purchase credit therein under any provision of article 1 of chapter 66 of Title 18A of the New Jersey Statutes, as amended and supplemented, the member attains qualification as a veteran member pursuant to the enactment of a law, the adoption of a rule or regulation, the revision of an administrative interpretation or application of such a rule or regulation, or any other official act, the member shall be permitted, upon written application to the retirement system within two years following the effective date of that law, rule, regulation, revision, or other act or within two years of the effective date of P.L.1995, c.406 (C.43:15A-60.2 et al.), whichever is later, to terminate any remaining obligation to complete the purchase and to receive a return of all contributions deducted or other payments made on or after the effective date of the law, rule, regulation, revision, or other act in connection with the purchase. If any service has been credited under the retirement system to the member in connection with the purchase, the amount of that service so credited shall be reduced in proportion to the return to the member hereunder of any contributions or other payments.

##### **§ 18A:66-71** Retirement allowance for veterans. {#sec-18a-66-71 omnilex-key=us-nj-statutes--title-18a--18A:66-71}

a. Any public employee veteran member in office, position or employment of this State or of a county, municipality, or school district, board of education or other employer who (1) has or shall have attained the age of 60 years and has or shall have been for 20 years continuously or in the aggregate in office, position or employment of this State or of a county, municipality or school district, board of education or other employer, or (2) has or shall have attained the age of 55 years and has or shall have been for 25 years continuously or in the aggregate in that office, position or employment, shall have the privilege of retiring for service and of receiving, instead of the retirement allowance provided under N.J.S.18A:66-44, a retirement allowance of 54.5% of the compensation for which contributions are made during the 12-month period of membership providing the largest possible benefit to the member or the member's beneficiary.

b. (Deleted by amendment, P.L.1984, c.69.)

c. Any public employee veteran member who has been for 20 years in the aggregate in office, position or employment of this State or of a county, municipality or school district, board of education or other employer as of January 1, 1955, shall have the privilege of retiring for ordinary disability and of receiving, instead of the retirement allowance provided under N.J.S.18A:66-41, a retirement allowance of one-half of the compensation received during the last year of employment upon which contributions to the annuity savings fund or contingent reserve fund are made. Such retirement shall be subject to the provisions governing ordinary disability retirement in N.J.S.18A:66-39 and N.J.S.18A:66-40.

d. Any public employee veteran member who shall be in office, position or employment of this State or of a county, municipality, school district, board of education or other employer and who shall have attained 55 years of age and who has at least 35 years of aggregate service credit in such office, position or employment, shall have the privilege of retiring for service and receiving a retirement allowance of 1/55 of the compensation the member received during the 12-month period of membership providing the largest possible benefit to the member or the member's beneficiary for each year of creditable service.

e. The death benefit provided in N.J.S.18A:66-44 shall apply in the case of any member retiring under the provisions of subsections a. and d. of this section and in the case of any member who has previously retired under the provisions of subsection b. of this section before said subsection was amended by P.L.1984, c.69. The death benefit provided in N.J.S.18A:66-41 shall apply in the case of any member retired under the provisions of subsection c. of this section.

f. A member who purchases service credit pursuant to any provision of the "Teachers' Pension and Annuity Fund Law" (N.J.S.18A:66-1 et seq.) is entitled to apply the credit for the purpose of satisfying any of the service requirements of that act.

##### **§ 18A:66-71.1** Veterans' retirement allowance {#sec-18a-66-71.1 omnilex-key=us-nj-statutes--title-18a--18A:66-71.1}

3. a. A retiree of the system who meets the definition of a veteran pursuant to this act, or the surviving spouse of a retiree, shall be eligible to receive the special veterans' retirement allowance pursuant to N.J.S.18A:66-71 in lieu of the retirement allowance that a retiree, or the surviving spouse of a retiree, is receiving on the effective date of this act.

b. The provisions of section 7 of P.L.1969, c.169 (C.43:3B-8) shall not apply to the benefit increase that results from this 1991 amendatory and supplementary act, and the annual cost of living adjustment received by widows and widowers under P.L.1958, c.143 (C.43:3B-1 et seq) shall be calculated as of the date of retirement of a retiree of the system. The State shall pay the additional costs arising from any increase in the cost of living adjustment received by a retiree of the system who meets the definition of a veteran as a result of this act or the surviving spouse of a retiree.

c. No retiree of the system who meets the definition of a veteran pursuant to this act, or the surviving spouse of a retiree, shall be granted a retroactive payment based upon the difference between the retirement allowance that the retiree of the system, or the surviving spouse of the retiree, would have received if that retiree of the system had met the definition of a veteran on the date of retirement and the retirement allowance that the retiree of the system, or the surviving spouse of the retiree, has received from the date of retirement to the effective date of this act.

##### **§ 18A:66-71.2** Increase in retirement allowance under subsection a. of N.J.S.18A:66-71 and N.J.S.18A:66-47. {#sec-18a-66-71.2 omnilex-key=us-nj-statutes--title-18a--18A:66-71.2}

7. The retirement allowance of each retiree under subsection a. of N.J.S.18A:66-71, or the retiree's beneficiary pursuant to N.J.S.18A:66-47, on the effective date of P.L.2001, c.353, shall be increased from 50% to 54.5% of the compensation for which contributions were made during the 12-month period of membership providing the largest possible benefit to the member or the member's beneficiary. The provisions of section 7 of P.L.1969, c.169 (C.43:3B-8) shall not be applicable to the increases in retirement allowances provided by this section.

##### **§ 18A:66-71.3** Payment of normal contribution for increased benefits under subsection a. of N.J.S.18A:66-71. {#sec-18a-66-71.3 omnilex-key=us-nj-statutes--title-18a--18A:66-71.3}

8. The normal contribution for the increased benefits for active members under subsection a. of N.J.S.18A:66-71 as amended by section 6 of P.L.2001, c.353 shall be paid from the benefit enhancement fund established pursuant to N.J.S.18A:66-16. If there are excess valuation assets after reductions in normal contributions and member contributions, the amount of excess valuation assets credited to the benefit enhancement fund shall include the present value of the expected additional normal contributions attributable to the provisions of subsection a. of N.J.S.18A:66-71 as amended by section 6 of P.L.2001, c.353 payable on behalf of the active members over the expected working lives of the active members in accordance with the tables of actuarial assumptions for the valuation period. No additional excess valuation assets shall be credited to the benefit enhancement fund after the maximum amount is attained. Interest shall be credited to the benefit enhancement fund as provided under N.J.S.18A:66-25. If assets in the benefit enhancement fund are insufficient to pay the normal contribution for the increased benefits for a valuation period, the State shall pay the amount of normal contribution for the increased benefits not covered by assets from the benefit enhancement fund.

##### **§ 18A:66-73** Adoption of social security act, etc., continued {#sec-18a-66-73 omnilex-key=us-nj-statutes--title-18a--18A:66-73}

The referendum held, on October 26 and 27, 1955, under which a majority of the active contributing members of the teachers' pension and annuity fund, qualified to vote therein as required by section 218(d)(3) of the social security act, voted to be covered by that act, the official certification on November 9, 1955 by the governor of the result of such referendum and the contract, dated December 29, 1955, entered into by the state for the covering of such members under the social security act, and the results thereof are continued, ratified and confirmed.

##### **§ 18A:66-74** Authorization to purchase group life insurance {#sec-18a-66-74 omnilex-key=us-nj-statutes--title-18a--18A:66-74}

The State Treasurer is hereby authorized and permitted to purchase from one or more life insurance companies, as determined by him, a policy or policies of group life insurance to provide for the benefits specified in sections 18A:66-36, 18A:66-37, 18A:66-38, 18A:66-41, 18A:66-42, 18A:66-44 and 18A:66-46e. The Board of Trustees of the Teachers' Pension and Annuity Fund is hereby authorized and permitted to purchase from one or more life insurance companies, as determined by it, a policy or policies of group life insurance to provide for the benefits specified in section 18A:66-53. Such group life insurance coverage may be provided under one or more policies issued to the State Treasurer specifically for this purpose, or in the discretion of the State Treasurer, under one or more policies issued to the State Treasurer which provide group life insurance coverage for members of one or more other retirement systems of the State of New Jersey. Whenever such policy or policies of group insurance shall be in effect, the benefits payable thereunder shall be in lieu of the above mentioned death benefits provided by said sections.

##### **§ 18A:66-75** Requirements for insurance company to qualify {#sec-18a-66-75 omnilex-key=us-nj-statutes--title-18a--18A:66-75}

Any life insurance company must meet the following requirements in order to qualify under section 18A:66-74: (a) be licensed under the laws of the state of New Jersey to transact life and accidental death insurance, and (b) the amount of its group life insurance in the state of New Jersey shall at the time said insurance is to be purchased equal at least 1% of the total amount of such group life insurance in the state of New Jersey in all life insurance companies.

##### **§ 18A:66-76** Discretion in purchase of coverage {#sec-18a-66-76 omnilex-key=us-nj-statutes--title-18a--18A:66-76}

The state treasurer may, in his discretion, determine to purchase group insurance coverage for the noncontributory death benefit provisions as provided in this article, or may determine not to purchase any group insurance coverage for the death benefit provisions heretofore mentioned. The board of trustees of the teachers' pension and annuity fund may, in its discretion, determine to purchase group insurance coverage for additional death benefit coverage as provided for in section 18A:66-53 or may also, in its discretion, determine not to purchase any contributory group insurance coverage for the additional death benefit provisions provided in section 18A:66-53.

##### **§ 18A:66-77** Premiums paid from special funds {#sec-18a-66-77 omnilex-key=us-nj-statutes--title-18a--18A:66-77}

In the event the state treasurer shall determine to purchase group insurance coverage for the noncontributory death benefits, premiums for the same shall be paid from a special fund, hereby created, called the "group insurance premium fund." The state treasurer shall estimate annually the amount of premiums which will be required for such benefits for the ensuing fiscal year and shall certify such amounts to the state and other participating employers as due and owing from them. The state and other participating employers shall pay over to the state treasurer the amount for premiums so certified and the state treasurer shall deposit these amounts in the group insurance premium fund. During the period such group insurance policy or policies are in effect the state treasurer shall in no way commingle moneys in this fund with any pension fund established under this article.

In the event that the board of trustees of the teachers' pension and annuity fund shall determine to purchase group coverage for the additional death benefits, premiums for same shall be paid from a special fund hereby created called the "contributory group insurance premium fund." While such group coverage shall be in force, the contributions from the compensation of members to provide such additional death benefits shall be accumulated in said contributory group insurance premium fund. Any dividend or retrospective rate credit allowed by an insurance company shall be credited to the aforesaid funds in an equitable manner.

##### **§ 18A:66-78** Additional death benefits; contributions; adjustment {#sec-18a-66-78 omnilex-key=us-nj-statutes--title-18a--18A:66-78}

In the event that the board of trustees of the teachers' pension and annuity fund shall determine to purchase group insurance coverage for the additional death benefit coverage, each member selecting the additional death benefit coverage shall agree to the deduction of a percentage of his compensation determined from a schedule of contributions to be established by the board of trustees of the teachers' pension and annuity fund. The schedule of contributions shall be established by said board of trustees on a basis it deems appropriate and shall be subject to adjustment by said board of trustees from time to time for the purpose of maintaining the contributory group insurance premium fund at a level sufficient to meet the obligations of the fund for the cost of the insurance.

##### **§ 18A:66-79** Policy to include conversion privilege; proof of insurability after conversion {#sec-18a-66-79 omnilex-key=us-nj-statutes--title-18a--18A:66-79}

Any such group policy or policies shall include, with respect to any insurance terminating or reducing because the member has ceased to be in service or has retired, the conversion privilege available upon termination of employment as prescribed by the law relating to group life insurance; and shall also include, with respect to insurance terminating because of termination of the group policy resulting from a termination of the death benefits for all members established under sections 18A:66-36, 18A:66-37, 18A:66-38, 18A:66-41, 18A:66-42, 18A:66-44, 18A:66-46 and 18A:66-53, the conversion privilege available upon termination of the group policy as prescribed by such law. Any such group policy or policies shall also provide that if a member dies during the 31-day period during which he would be entitled to exercise the conversion privilege, the amount of insurance with respect to which he could have exercised the conversion privilege, shall be paid as a claim under the group policy.

If any member who has exercised the conversion privilege under the group policy or policies again becomes a member of the teachers' pension and annuity fund, and the individual policy obtained pursuant to the conversion privilege is still in force, he shall not again be eligible for any of the death benefits provided by this article unless he furnishes satisfactory evidence of insurability.

When benefits payable upon the death of a member following retirement are determined as though he were an active member at the time of his death, the death benefit payable under the group policy or policies together with the amount of insurance paid under any individual policy obtained under the conversion privilege, shall in no event exceed the amount of insurance for which the member was insured under the group policy or policies immediately prior to the date the right of conversion arose.

##### **§ 18A:66-80** Payment of benefits {#sec-18a-66-80 omnilex-key=us-nj-statutes--title-18a--18A:66-80}

Benefits under such group policy or policies shall be paid by the company to such person, if living, as the member shall have nominated by written designation duly executed and filed with the insurance company through the policyholder, otherwise to the executors or administrators of the member's estate. A member may file with the insurance company through the policyholder and alter from time to time during his lifetime, as desired, a duly attested written nomination of his payee for the death benefit.

##### **§ 18A:66-81** Arrangements for payment of benefits {#sec-18a-66-81 omnilex-key=us-nj-statutes--title-18a--18A:66-81}

Any such group policy or policies shall provide that payment of any death benefits which are payable by the insurance company may be made in one sum directly to the beneficiary as hereinafter provided, in equal installments over a period of years or as a life annuity or in such other manner as may be made available by the insurance company. A member may make such arrangements for settlement, and may alter from time to time during his lifetime any arrangement previously made, by making written request to the insurance company through the policyholder. Upon the death of a member, a beneficiary to whom a benefit is payable in one sum by the insurance company may likewise arrange for a settlement as described above. If a member's or beneficiary's request for settlement of any death benefit in equal installments over a period of years or as a life annuity pursuant to the foregoing is approved by the policyholder, the amount of such installments or such life annuity, as the case may be, shall be determined on the basis of such applicable mortality tables and rates of interest as shall have been adopted by the retirement system and are in effect at the member's death. Any arrangement for payment under the group policy to a beneficiary shall be in lieu of that provided by sections 18A:66-36, 18A:66-37, 18A:66-38, 18A:66-41, 18A:66-42, 18A:66-44, 18A:66-46 and 18A:66-53.

##### **§ 18A:66-82** Policyholder credited in form of reduced premiums {#sec-18a-66-82 omnilex-key=us-nj-statutes--title-18a--18A:66-82}

Notwithstanding any other provision of law, any insurance company or companies issuing such policy or policies may credit the policyholder, in the form of reduced premiums, with savings by said company or companies in the event that no brokerage commission or commissions are paid by said company or companies on the issuance of such policy or policies.

##### **§ 18A:66-83** Investment in and acquisition of real property {#sec-18a-66-83 omnilex-key=us-nj-statutes--title-18a--18A:66-83}

The director of the division of investment in the department of the treasury, in addition to other investments authorized by law, shall have authority, subject to the approval and acceptance by the board of trustees of the teachers' pension and annuity fund, to invest in and acquire real property in the state of New Jersey on behalf of and in the name of the teachers' pension and annuity fund, and to erect buildings and structures and make other improvements thereon, and to rent, lease, sell and dispose of the same, said lands, buildings, structures and improvements to be initially rented to the state of New Jersey for its use in accordance with the provisions of this article.

##### **§ 18A:66-84** Limit on investment {#sec-18a-66-84 omnilex-key=us-nj-statutes--title-18a--18A:66-84}

Any investment authorized pursuant to this article shall not exceed 2 1/2 % of the book value of the total investments of such fund at the time of the making of the investment or $11,500,000.00, whichever is the smaller amount.

##### **§ 18A:66-85** Carried as an asset of the fund {#sec-18a-66-85 omnilex-key=us-nj-statutes--title-18a--18A:66-85}

Any real estate investment made pursuant to this article shall at all times during its ownership by the fund be carried as an asset of the fund.

##### **§ 18A:66-86** Terms of rental or lease; transfer of land to fund {#sec-18a-66-86 omnilex-key=us-nj-statutes--title-18a--18A:66-86}

If the property is rented or leased to the state, it shall be on terms calling for level periodic rental payments, not more than one year apart, in such amounts as will amortize the total actual cost of the investment, including cost of land, construction, improvement and supervision of construction, over a period of 20 years from the beginning of the term of its first rental, together with income to be derived therefrom for the benefit of the fund at the rate of 4% per annum on the depreciated value of the asset which shall be its total actual cost to the fund less a depreciation allowance equal in amount to the aggregate sums received toward amortization of the investment. Such portion of the rentals as shall exceed the amounts received toward amortization shall be treated as investment income.

It is the purpose of this section to provide for the accounting basis upon which the real property investment shall be carried and depreciated and for the treatment, as between capital and income, of the amounts received for the use of the property by way of rental, in order to maintain the integrity and actuarial soundness of the funds established by this article.

In order to carry out the purposes of this article such rental arrangement or lease may include, on behalf of the state, permission to construct a building or buildings, which will constitute the real property in which the investment is made, upon lands owned by the state, and to transfer title to such lands to the said teachers' pension and annuity fund.

##### **§ 18A:66-87** Purchase provisions during occupancy {#sec-18a-66-87 omnilex-key=us-nj-statutes--title-18a--18A:66-87}

Should such real estate investment be sold to the state during its occupancy as tenant, the board of trustees of the fund shall accept, in full payment therefor, as well as for any state lands theretofore conveyed to it in connection therewith, the total actual cost thereof. In the event that any sums shall have been paid to the fund toward amortization of the investment, the aggregate amount thereof at the time of closing of title shall be credited against the purchase price.

##### **§ 18A:66-88** Rental or lease arrangements; trustees to execute and deliver, etc. {#sec-18a-66-88 omnilex-key=us-nj-statutes--title-18a--18A:66-88}

Any rental arrangement or lease to the state for the use of such real property shall provide that all costs and expenses for the operation, maintenance, repair and management of the real property shall be paid for by the state, as tenant, at its sole cost and expense, in addition to the level rental payments; but this shall not preclude the making of enlargements, betterments or other capital improvements on behalf of the fund as a further investment or investments, in like manner and subject to the same requirements and restrictions as are applicable to the initial investment in such real property made under this article.

The board of trustees is authorized to execute and deliver to the appropriate state officers or agencies such leases, contracts or agreements, which may include options to purchase, agreements for appropriate state officers or agencies to act as agent for the fund in connection with the purchase of land, construction of buildings or other improvements, and otherwise as may be necessary or appropriate in order to execute the purposes of this article.

##### **§ 18A:66-89** Selection of site, and acquisition of land {#sec-18a-66-89 omnilex-key=us-nj-statutes--title-18a--18A:66-89}

The director of the division of purchase and property, subject to the approval of the state house commission, shall be responsible for the selection of a site, planning of any building to be constructed on behalf of the teachers' pension and annuity fund as an investment under this article, as well as the acquisition of lands, negotiation and approval of leases, contracts, options and other instruments and agreements, in order that the location of and plans for the building shall be coordinated with the master plan to be developed pursuant to P.L.1959, chapter 5.

##### **§ 18A:66-90** Federal funds; state to be reimbursed; ascertainment of amount {#sec-18a-66-90 omnilex-key=us-nj-statutes--title-18a--18A:66-90}

On or before September 1 of each year, on the basis of the most recent actuarial valuation of the Teachers' Pension and Annuity Fund and on the basis of the appropriate social security rate of contribution, the Director of the Division of Pensions in the State Department of the Treasury, shall certify to the commissioner of education of the State Department of Education the percentage of salaries which the department and each board of education, school district or agency of this State must appropriate in its next fiscal year project budget to cover the amount of the increase and the cost of pension, group life insurance, social security and other benefits provided by this article attributable to carrying out the programs financed by the Federal Government involving members of the Teachers' Pension and Annuity Fund. The commissioner shall promptly notify each public employer of the percentage certified and the public employer shall, within 90 days after the close of such next fiscal year, together with supporting information prescribed by the Director of the Division of Pensions, reimburse the State the amount of such increased cost from funds allocated to the public employer from the Federal Government and involving members of the Teachers' Pension and Annuity Fund.

##### **§ 18A:66-91** Repealer of sections 24 through 110 of chapter 13 of Title 18 of the Revised Statutes, with amendments and supplements, but continuing the teachers' pension and annuity fund, saved {#sec-18a-66-91 omnilex-key=us-nj-statutes--title-18a--18A:66-91}

Section 3 of chapter 37 of the laws of 1955 is saved from repeal.

[This section repeals sections 24 through 110 of chapter 13 of Title 18 of the Revised Statutes, with all amendments and supplements thereto as of January 1, 1956, but continues the teachers' pension and annuity fund with its membership, securities, investments and other assets and continues any benefits and allowances granted prior thereto under the statutes so repealed.]

##### **§ 18A:66-92** Social security offset repealer saved {#sec-18a-66-92 omnilex-key=us-nj-statutes--title-18a--18A:66-92}

Section 11 of chapter 66 of the laws of 1966 is saved from repeal.

[Under this section the following acts and parts of acts, relating to the social security offset, were repealed, effective July 1, 1966: P.L.1955, c. 37, s. 68; P.L.1956, c. 218; P.L.1960, c. 123; P.L.1962, c. 108; and P.L.1964, c. 190, subject to the following provisions:

"The repeal of the aforesaid section and acts shall not be construed to provide for any retroactive effect. Where a member's retirement allowance was reduced by the amount of the old age insurance benefit under Title II of the social security act, paid or payable to him, whether received or not, or if such reduction is to be made upon the member's attainment of 65, on or after July 1, 1966, such reductions shall cease or no reduction shall be made." ]

##### **§ 18A:66-93** Liabilities created by certain statutes, apportionment and payment saved {#sec-18a-66-93 omnilex-key=us-nj-statutes--title-18a--18A:66-93}

Sections 12 and 13 of chapter 66 of the laws of 1966 are saved from repeal.

[These sections provide as follows:

Section 12 provides that the liabilities, established pursuant to subsection a. of section 33 of chapter 37 of the laws of 1955 revised in this law as subsection a. of section 18A:66-33, on account of veteran members employed as teachers on January 1, 1955 shall be proportionately increased for each school district to cover the additional liabilities, created by section 11 of chapter 66 of the laws of 1966 abolishing the social security offset, for all veterans who were employed as teachers on January 1, 1955 and who are employed as teachers on June 30, 1966 and that such increased liabilities shall be paid annually in the manner prescribed by said subsection a. of section 33 over the remainder of the 30-year period established for the liquidation of the liabilities.

Section 13 provides that

(a) in addition to the amounts required of the state and other employers, pursuant to sections 18 and 33 of chapter 37 of the laws of 1955 revised in this law as sections 18A:66-18 and 18A:66-33, the liabilities created by the provisions of chapter 66 of the laws of 1966, except for those provided for under section 12 of said act, shall be computed by the actuary and shall be paid by the state beginning July 1, 1967 through

(1) an increase in the normal rate of contribution, and

(2) an accrued liability contribution, which, if paid in each fiscal year, for a period of 30 years, will provide for this accrued liability, and

(b) the liability created, by chapter 108 of the laws of 1962, shall be recomputed by the actuary and added to the additional liabilities created by the provisions of chapter 66 of the laws of 1966 and the recomputed liability shall be paid by the state as part of the payment established by subsection a. of said section 13 of chapter 66 of the laws of 1966 allowing a credit for the payment already made by the state toward the funding of this liability.]

##### **§ 18A:66-94** Existing pension funds continued {#sec-18a-66-94 omnilex-key=us-nj-statutes--title-18a--18A:66-94}

Every pension fund heretofore organized under the provisions of article 16 of chapter 5 of Title 18 of the Revised Statutes is continued and shall be governed under this article.

##### **§ 18A:66-95** Employees may organize pension fund {#sec-18a-66-95 omnilex-key=us-nj-statutes--title-18a--18A:66-95}

The employees of boards of education in school districts in counties of the first class may associate themselves as a corporation for the purpose of providing and obtaining a fund for their retirement upon pension.

##### **§ 18A:66-96** Forming corporation to provide and obtain fund {#sec-18a-66-96 omnilex-key=us-nj-statutes--title-18a--18A:66-96}

For the purpose of forming such a corporation the county superintendent of schools in each county of the first class shall notify in writing each and every employee of the several boards of education of the school districts in his county, except such as are entitled to benefits under another pension law which may have been enacted prior to April 16, 1929, for the benefit of employees of boards of education, to attend a meeting to be held not less than five days after the giving of the notice, to consider the formation of a corporation in accordance with this article. The notice shall specify the time and place of the meeting of such employees.

If two thirds of the employees present at the meeting adopt a resolution to form the corporation, they shall choose a name for the corporation, and organize by electing four of such employees who, together with the county superintendent as a member ex officio, shall constitute a board of trustees.

The first trustees shall prepare and sign a certificate reciting the adoption of the resolution by the employees, the name adopted, the election of trustees, the organization, the names of officers, and the execution of the certificate, for the purpose of forming a corporation under this article. The certificate shall be recorded in the office of the clerk of the county wherein the corporation is organized, and shall then be filed in the office of the commissioner of banking and insurance. Thereupon such trustees, their associates and successors, shall become a body politic and corporate with all the power incident thereto.

##### **§ 18A:66-97** Board of trustees, membership, terms, vacancies. {#sec-18a-66-97 omnilex-key=us-nj-statutes--title-18a--18A:66-97}

a. Until the effective date of P.L.2005, c.328, any pension fund created or to be created as provided in this article shall be under the control and management of the board of seven trustees, no more than three of whom shall be employees of the same board of education. The two trustees of the board added pursuant to this act, P.L.2001, c.454, shall be retirees of the pension fund elected by the retirees of the pension fund, and each such member shall serve for a term of two years. The first board selected as provided in section 18A:66-96 shall serve until the month of January following the incorporation of such association. At such time four members of the association shall be elected as trustees, in place of the four first selected, by a majority vote of the members of the association as follows: one for the term of one year, one for the term of two years, one for the term of three years, and one for the term of four years, who shall serve for the respective terms for which they are each chosen. Thereafter in the month of January of each year a member shall be chosen for a full term of four years to serve in place of the trustee whose term shall have expired.

b. After the effective date of P.L.2005, c.328, any pension fund created as provided in this article shall be under the control and management of the board of seven trustees, at least one of whom shall be an active member until the last active member of the fund retires and one of whom shall be a retiree. The remaining trustees may be either active members or retirees as the number of each may be determined by the bylaws of the board of trustees prior to an election. Commencing with the first January following the enactment of this act, P.L.2005, c.328, and continuing each January thereafter, two individuals shall be elected as trustees in the place of two sitting trustees by a majority vote, for a term of three years. Active member trustees shall be elected by a majority vote of the active members of the association, and retiree trustees shall be elected by a majority vote of the retirees of the pension fund. The transition in trustee terms and the number of trustees elected shall be accomplished as determined by the board.

In any election for a trustee in which there is only one candidate for a position, a vote of retirees or active members shall not be held and the candidate shall be designated a trustee by a majority vote of the sitting board of trustees.

Any vacancy occurring among the board of trustees or in the office of chairperson, vice-chairperson, secretary, treasurer, or other officers of such corporation shall be filled in the manner provided in bylaws, and in the absence of such provision shall be filled by the board of trustees.

c. Any pension fund created as provided in this article shall be (1) a governmental plan under section 414(d) of the federal Internal Revenue Code; (2) a qualified pension plan under section 401(a) of the Internal Revenue Code; and (3) shall hold assets in a tax exempt trust under section 501 of the Internal Revenue Code.

d. In accordance with the provisions of section 401(a)(2) of the federal Internal Revenue Code, and subject to such exceptions as may be permitted for governmental plans under section 401(a)(2) of the federal Internal Revenue Code, at no time prior to the satisfaction of all liabilities with respect to members and their beneficiaries under any pension fund created as provided in this article shall any part of the corpus or income of the pension fund, within the taxable year or thereafter, be used for or diverted to purposes other than for the exclusive benefit of the members or their beneficiaries.

e. Notwithstanding any law, rule or regulation to the contrary, the contributions to and benefits payable under any pension fund created as provided in this article shall not exceed the limitations provided under section 415 of the federal Internal Revenue Code and the regulations issued by the United States Department of the Treasury under that code section, as applicable to a governmental plan as defined in section 414(d) of the federal Internal Revenue Code, and as indexed in accordance with section 415(d) of the federal Internal Revenue Code.

Any applicable limitation as adjusted under section 415(d) of the federal Internal Revenue code shall apply automatically to contributions to and benefits payable under any pension fund created as provided in this article as of January 1 following such adjustment. This automatic annual adjustment shall apply to members who have had a severance from employment. If this pension fund must be aggregated with another plan to determine the effect of section 415 of the federal Internal Revenue Code on a member's benefits or contributions, and such benefits or contributions must be reduced to comply with that code section, then such reduction shall be made pro rata between the plans in proportion to the member's creditable service in each plan.

f. Notwithstanding any law, rule or regulation to the contrary, for members of any pension fund created as provided in this article, the amount of compensation which may be used for member contributions and benefits shall not exceed the compensation limitation of section 401 (a) (17) of the federal Internal Revenue Code of 1986, (26 U.S.C. s.401 (a) (17)), as amended pursuant to section 13212 of the Omnibus Budget Reconciliation Act of 1993, Pub.L.103-66, 107 Stat. 312 or as hereafter amended or supplemented, to the extent applicable to governmental plans.

g. Notwithstanding any law, rule or regulation to the contrary, the form and timing of all distributions from any pension fund created as provided in this article to a member, or to the beneficiary of a member if the member dies before the member's entire interest has been distributed, shall conform to the required distribution provisions of section 401(a)(9) of the federal Internal Revenue Code and the regulations issued by the United States Department of the Treasury under that code section only to the extent applicable to a governmental plan as defined in section 414(d) of the federal Internal Revenue Code, including the incidental death benefit requirements of section 401(a)(9)(G) of the federal Internal Revenue Code. In addition, in no event shall payments under any such pension fund commence to be paid to a member later than the member's required beginning date, without regard to whether the member has filed application therefor. For this purpose, a member's required beginning date is the April 1 of the calendar year following the later of (1) the calendar year in which the member attains age 701/2 or (2) the calendar year in which the member retires. The actuarial adjustment described in section 401(a)(9)(C)(iii) of the federal Internal Revenue Code shall not apply.

h. In accordance with the provisions of section 401(a)(31) of the federal Internal Revenue Code, any pension fund created as provided in this article shall permit direct transfer of a distribution from the fund that is an eligible rollover distribution to an eligible retirement plan.

i. Any pension fund created as provided in this article shall operate in compliance with the federal "Uniformed Services Employment and Reemployment Rights Act of 1994," Pub.L.103-353 (38 U.S.C. s.4301 et seq.) and section 414(u) of the federal Internal Revenue Code. In addition, in accordance with section 401(a)(37) of the federal Internal Revenue code, if a member dies on or after January 1, 2007 while performing qualified military service, as defined in section 414(u)(5) of the federal Internal Revenue Code, such member's designated beneficiaries shall be entitled to any additional benefits, other than benefit accruals relating to the period of qualified military service, that would have been provided under any pension fund created as provided in this article if the member had resumed and then terminated employment on account of death.

##### **§ 18A:66-98** Trustees to elect officers; compensation, reimbursement. {#sec-18a-66-98 omnilex-key=us-nj-statutes--title-18a--18A:66-98}

The board of trustees shall at the first annual meeting thereof, and at each annual meeting, elect a chairperson, vice-chairperson, secretary, and treasurer, and such other officers as they may deem necessary. The secretary and treasurer may be members of the board of trustees. The board of trustees shall fix the compensation of the secretary and treasurer. The members of the board, unless they are serving as secretary or treasurer, shall serve without compensation but shall be reimbursed for any necessary expenditures. No employee shall suffer loss of salary or wages through serving on the board.

##### **§ 18A:66-99** Trustees and officers bonded {#sec-18a-66-99 omnilex-key=us-nj-statutes--title-18a--18A:66-99}

The trustees and other officers of the corporation shall give bonds with a duly authorized security company as surety, for the faithful performance of their duties, in the sums fixed by the bylaws of the corporation.

##### **§ 18A:66-100** Annual report by trustees to boards of education {#sec-18a-66-100 omnilex-key=us-nj-statutes--title-18a--18A:66-100}

The board of trustees shall make an annual report of the condition of the fund and the manner in which it is invested, to the boards of education of school districts of the county wherein it is organized, in the month of October of each year, for the prior fiscal year ending June 30 and at such other times as such boards of education may request.

##### **§ 18A:66-101** Eligibility as members of fund {#sec-18a-66-101 omnilex-key=us-nj-statutes--title-18a--18A:66-101}

All employees of boards of education in school districts in any county of the first class wherein a pension fund is established under this article may accept the provisions of said article except such as are entitled to benefits under another pension law enacted for the benefit of employees of boards of education prior to April 16, 1929.

##### **§ 18A:66-102** Certain veterans not members of system to become members {#sec-18a-66-102 omnilex-key=us-nj-statutes--title-18a--18A:66-102}

a. Each veteran holding permanent or provisional office, position or employment on June 26, 1962, not covered by the retirement system established under chapter 37 of the laws of 1955, with a board of education or school district in a county in which there exists a pension fund established under article 16 of chapter 5 of Title 18 of the Revised Statutes, shall become a member of said pension fund as of June 26, 1962; and each veteran thereafter commencing service in such office, position or employment shall become a member of said pension fund as of the date of the commencement of said service.

b. No public employee veteran who is eligible to be a member of such pension fund shall be eligible for or receive retirement benefits under sections 43:4-1, 43:4-2 and 43:4-3 of the Revised Statutes.

##### **§ 18A:66-103** Withdrawal of contributions by veteran members; service credits required; liquidation of certain service credits {#sec-18a-66-103 omnilex-key=us-nj-statutes--title-18a--18A:66-103}

a. Each public employee veteran member of a pension fund in existence and established on June 26, 1962 under article 16 of chapter 5 of Title 18 of the Revised Statutes shall have returned to him the contributions made by him as of July 1, 1962 with simple interest at 2% per annum to such date. All service rendered in office, position or employment of this State or of a county, municipality, school district or board of education or service rendered for the State University of New Jersey, an instrumentality of this State, after April 16, 1945, and the New Jersey State Agricultural Experiment Station established by an act approved March 10, 1880 (P.L.1880, c. 106 and continued pursuant to chapter 16 of Title 4 of the Revised Statutes), an instrumentality of this State, excluding service rendered as county extension service farm and home demonstration agents, by such service of such veteran member previous to June 26, 1962, and excluding credits for prior veteran covering employment which is vested in another governmental body or pension fund, for which evidence satisfactory to the board of trustees was presented prior to June 27, 1963, shall be credited to him as a member and such credit shall be known as prior service credit and the obligation of the board of education employing such veteran member on account of such credit shall be known as the accrued liability on behalf of such veteran member, and the board of education which employed such veteran member as of June 26, 1962 shall liquidate said accrued liability by annual payments for a period of 30 years commencing July 1, 1963, the amount of these payments to be computed by the actuary and certified by the board of trustees.

b. In the event that a public employee veteran who prior to June 26, 1962 rendered service in office, position or employment of this State, including such service rendered for any instrumentality enumerated in subsection a. of this section, or of a county, municipality, or school district or board of education, shall be a member of the pension fund on or after said date, such public employee veteran shall receive prior service credit for such service for which evidence satisfactory to the board of trustees is presented in the same manner as received by other public employee veteran members. The employer of such public employee veteran on the date of his becoming a member shall liquidate the accrued liability for such prior service by annual payments over the remainder of the 30-year period specified in subsection a. of this section, the amount of these payments to be computed by the actuary and certified by the board of trustees.

##### **§ 18A:66-104** Definition of "veteran" {#sec-18a-66-104 omnilex-key=us-nj-statutes--title-18a--18A:66-104}

"Veteran" means any honorably discharged officer, soldier, sailor, airman, marine or nurse who served in any army, air force or navy of the allies of the United States in World War I, between July 14, 1914, and November 11, 1918, or who served in any army, air force or navy of the allies of the United States in World War II, between September 1, 1939, and September 2, 1945, and who was inducted into such service through voluntary enlistment, and was a citizen of the United States at the time of such enlistment, and who did not, during or by reason of such service, renounce or lose his United States citizenship, and any officer, soldier, sailor, marine, airman, nurse or army field clerk, who has served in the active military or naval service of the United States and has or shall be discharged or released therefrom under conditions other than dishonorable, in any of the following wars, uprisings, insurrections, expeditions, or emergencies, and who has presented to the board of trustees evidence of such record of service in form and content satisfactory to said board of trustees:

(a) The Indian wars and uprisings during any of the periods recognized by the war department of the United States as periods of active hostility;

(b) The Spanish-American war between April 20, 1898, and April 11, 1899;

(c) The Philippine insurrections and expeditions during the periods recognized by the war department of the United States as of active hostility from February 4, 1899, to the end of 1913;

(d) The Peking relief expedition between June 20, 1900, and May 27, 1902;

(e) The army of Cuban occupation between July 18, 1898, and May 20, 1902;

(f) The army of Cuban pacification between October 6, 1906, and April 1, 1909;

(g) The Mexican punitive expedition between March 14, 1916, and February 7, 1917;

(h) The Mexican border patrol, having actually participated in engagements against Mexicans between April 12, 1911, and June 16, 1919;

(i) World War I, between April 6, 1917, and November 11, 1918;

(j) World War II, between September 16, 1940, and September 2, 1945, who shall have served at least 90 days in such active service, exclusive of any period he was assigned (1) for a course of education or training under the Army Specialized Training Program or the Navy College Training Program which course was a continuation of his civilian course and was pursued to completion, or (2) as a cadet or midshipman at one of the service academies any part of which 90 days was served between said dates; provided, that any person receiving an actual service incurred injury or disability shall be classed as a veteran whether or not he has completed the 90-day service as herein provided;

(k) Korean conflict, on or after June 23, 1950, and on or prior to January 31, 1955, who shall have served at least 90 days in such active service, exclusive of any period he was assigned (1) for a course of education or training under the Army Specialized Training Program or the Navy College Training Program which course was a continuation of his civilian course and was pursued to completion, or (2) as a cadet or midshipman at one of the service academies, any part of which 90 days was served between said dates; provided, that any person receiving an actual service incurred injury or disability shall be classed as a veteran whether or not he has completed the 90-day service as herein provided; and provided further, that any member classed as a veteran pursuant to this subparagraph prior to August 1, 1966, shall continue to be classed as a veteran whether or not he completed the 90-day service between said dates as herein provided;

(l) Vietnam conflict, on or after December 31, 1960, and on or prior to May 7, 1975, who shall have served at least 90 days in such active service, exclusive of any period he was assigned (1) for a course of education or training under the Army Specialized Training Program or the Navy College Training Program, which course was a continuation of his civilian course and was pursued to completion, or (2) as a cadet or midshipman at one of the service academies, any part of which 90 days was served between said dates; and exclusive of any service performed pursuant to the provisions of section 511(d) of Title 10, United States Code, pursuant to an enlistment in the Army National Guard or as a reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve; provided, that any person receiving an actual service incurred injury or disability shall be classed as a veteran whether or not he has completed the 90 days service as herein provided.

"Veteran" also means any honorably discharged member of the American Merchant Marine who served during World War II and is declared by the United States Department of Defense to be eligible for federal veterans' benefits.

##### **§ 18A:66-105** Membership in fund on or subsequent to March 25, 1935; conditions {#sec-18a-66-105 omnilex-key=us-nj-statutes--title-18a--18A:66-105}

Persons employed by any such board of education on March 25, 1935 and also on April 29, 1946, who took advantage of the provisions hereof by making application to the board of trustees on or before April 1, 1948, and paying into the fund, with and at the time of such application, such percentage of his salary as provided for in subsections a. and b. of section 18A:66-107, for the period of his employment beginning with the date of the incorporation of such pension association or the date of his employment by said board, whichever is the later date, together with interest at 3% per annum or such other legal rate as shall be determined, from time to time, by the board of trustees; and after such application and payment have been made by the employee the board of education by which the person is employed shall pay into the fund, if it has not already done so, 4% of the employee's salary for the period of his employment beginning with the date of the incorporation of such pension association or the date of the employment of said person by said board of education, whichever is the later date. All persons coming into the employ of any such board as permanent employees subsequent to March 25, 1935, shall become members of such pension fund at the date of said employment or appointment and any such employee shall be required to pay into such fund such percentage of his salary as provided for in subsections a. and b. of section 18A:66-107.

##### **§ 18A:66-106** Credit purchase for employment in other governmental units in this or other states; certain leaves of absence. {#sec-18a-66-106 omnilex-key=us-nj-statutes--title-18a--18A:66-106}

a. Persons heretofore permanently or provisionally employed by such boards of education who became members of the pension fund at any time prior to June 26, 1962, shall be permitted to purchase credit covering any period of temporary, permanent or provisional service preceding said permanent or provisional employment, by making application therefor, and in such case, the payments to be made by the employee and board of education for such previous service shall be based on appropriate tables of factors submitted by the actuary as being applicable to the salary and contribution rate in effect at the time of making the application to purchase such credit. Persons becoming members thereafter shall be permitted to purchase credit for any temporary service which immediately precedes their permanent or provisional appointment by making application therefor at the time of becoming members and paying into the fund, the amount determined to be due for such service on the basis of appropriate tables of factors submitted by the actuary as being applicable to the salary and contribution rate in effect based on the salary at that time.

Any person coming into the employ of any such board of education as a provisional employee after June 26, 1962, shall become a member of the pension fund as a condition of employment.

A member shall have the right to purchase credit for any period of service in other municipalities or governmental units in this State or in any other State of the United States of America, rendered by the member prior to becoming a member up to the nearest number of years and months but not exceeding 10 years, by making application therefor at the time of becoming a member or for present members within two years of the effective date of this 1968 amendatory act and in such case the payments to be made by the employee and the employing board of education for such service credits shall be on the basis of appropriate tables of factors submitted by the actuary as being applicable to the salary and contribution rate in effect based on the salary at the time of making application.

b. For a period of two years after the effective date of this act, (P.L.1995, c.240), any member who meets the definition of "veteran" as set forth in N.J.S.18A:66-104 may, upon filing an application with the board of trustees of the pension fund, purchase credit for up to five years of military service in the Armed Forces of the United States prior to his enrollment in the retirement system. The member may purchase credit for the service by paying into the pension fund the amount required by applying the factor, supplied by the actuary as being applicable to the member's age at the time of the purchase, to the member's salary at that time or to the highest annual compensation for service in the school district for which contributions were made during any prior fiscal year of membership, whichever is greater. Any member electing to purchase this service credit who retires prior to completing payment shall receive credit only for the service purchased, unless at the time of retirement the member makes a lump sum payment necessary to purchase full credit.

c. After the effective date of this act, P.L.2001, c.454, a member of the pension fund may, upon filing an application with the board of trustees of the pension fund, purchase credit for the types of prior service described in subsection a. of this section, or for time during which the member shall have been absent on an official leave without pay. Credit for an official leave without pay shall be purchased for a period of time equal to: (1) three months or the duration of the leave, whichever is less; or (2) if the leave was due to the member's personal illness, including maternity leave and child care, two years or the duration of the leave, whichever is less. The member may purchase credit by paying into the pension fund the amount required by applying the factor, supplied by the actuary as being applicable at the time of the purchase, to the member's salary at that time. Any member electing to purchase this service credit who retires prior to completing payment shall receive credit only for the service purchased, unless at the time of retirement the member makes a lump sum payment necessary to purchase full credit.

##### **§ 18A:66-107** Contributions to pension fund. {#sec-18a-66-107 omnilex-key=us-nj-statutes--title-18a--18A:66-107}

The contributions to the pension fund shall be as follows:

a. There shall be deducted from every payment of salary of all employees who are members of the fund 3% of the amount of such salary.

b. Each board of education shall be obligated for contributions to the fund of a proportionate amount of the total contributions required from all employing boards of education, as determined by the actuary, which shall be sufficient to: (1) provide for the pension credits being accrued by the members, after taking into account contributions being made by the members, and (2) provide for the payment of the unfunded accrued liability in annual payments. Such obligations shall be provided for by each board in its annual appropriation for the support and maintenance of the public schools.

c. The amount to be appropriated by each board under subsection b. of this section shall be determined by applying the percentage certified by the actuary as determined under said subsection.

d. The treasurer or other chief fiscal officer of each board of education shall pay to the fund on the first day of each month: (1) the total of the amounts of contributions which, during the preceding month, were deducted from the salaries of the employees of that board under subsection a. of this section, and (2) the pro rata portion of the amount of employer contributions of the board, as that amount is determined under subsection b. of this section, which is applicable to that board with respect to the preceding month. If the full payment required under this subsection is not made within 30 days after it becomes due, interest at the rate of 1% for each whole or fractional month of lateness shall begin to run against the unpaid balance of that payment on the first day after that thirtieth day.

##### **§ 18A:66-108** Salary deductions; death benefits {#sec-18a-66-108 omnilex-key=us-nj-statutes--title-18a--18A:66-108}

a. The board of trustees may, in the manner prescribed by the bylaws of the corporation, assess and collect monthly or semimonthly from each member of the pension fund the amount required to be paid by said member into the fund. All moneys so collected shall be paid to the treasurer of the corporation.

The board of trustees may make it a condition of membership that each member sign an order on the treasurer of school moneys, or other disbursing officer, directing the retention from his or her salary or wages of the amount of his or her assessments and the payment of the amount so retained directly to the treasurer of the corporation, and the treasurer of school moneys, or other disbursing officer, shall make such retention and payment, but such right of retention and payment shall become operative only in the event of the same being authorized by the bylaws of the corporation.

b. Whenever any member shall die in service or his or her employment be terminated, for reasons other than retirement, all payments made by such employee to the fund shall be returned to the employee, if alive; or to such person, if living, as he shall have nominated by written designation, duly executed and filed with the board of trustees; otherwise to the executor or administrator of the member's estate, together with simple interest at the rate of 4% per annum.

c. Upon the receipt of proper proof of the death of a member in service, on account of which no accidental death benefit is payable under subsection e. of this section or the death of a member who has been retired for disability but who has not yet attained 60 years of age, there shall be paid to such person, if living, as he shall have nominated by written designation, duly executed and filed with the board of trustees, otherwise to the executor or administrator of the member's estate an amount equal to one and one-half times the compensation upon which his contributions are based or received by the member in the last year of creditable service; provided, however, that if such a member shall have attained 70 years of age or the member who has been retired for disability has attained 60 years of age, the amount payable shall equal three-sixteenths of the compensation received by the member in the last year of creditable service instead of one and one-half times such compensation. Such member may also file, and alter from time to time during his lifetime, as desired, a request with the board of trustees directing payment of said benefit in one sum or in equal installments over a period of years or as a life annuity. Upon the death of such member, a beneficiary to whom a benefit is payable in one sum may elect to receive the amount payable in equal annual installments over a period of years or as a life annuity.

d. Whenever any member who was a member on June 26, 1962, shall die after retirement on pension, not having received in pension payments an amount equal to the total amount of his or her contributions to the fund, including simple interest at 2% per annum, the difference between the amount so received and the amount of contributions, plus interest, shall be paid to the surviving named beneficiary on file with the board of trustees, and if none, then to his or her legal representative; unless said employee has made provision with the board of trustees for optional benefits under the provisions of section 18A:66-110.

e. Upon the death of a member in active service as a result of an accident in the performance of his or her duties as such employee and not as the result of his willful negligence, an accidental death benefit shall be payable, if a report, in a form acceptable to the board of trustees, of the accident is filed with the pension fund within 60 days next following the accident and an application for such benefit is filed with the said board of trustees within two years of the date of the accident, but the board of trustees may waive such time limits for a reasonable period, if in the judgment of the board the circumstances warrant such action. Evidence must be submitted to the board of trustees proving that the natural and proximate cause of death was an accident arising out of and in the course of employment at some definite time and place. Upon application by or on behalf of the dependents of such deceased member, the board of trustees, in addition to the payment of his contributions, as provided in this section, shall grant a pension of one-half of the average annual salary received by him or her during the three years immediately preceding his or her death to the spouse of the deceased member or, if no surviving spouse, then to the child or children of such member under age 18, divided in such manner as the board in its discretion shall determine to continue until the youngest surviving child dies or attains age 18.

##### **§ 18A:66-109** Disbursements; deposits and investments. {#sec-18a-66-109 omnilex-key=us-nj-statutes--title-18a--18A:66-109}

No money shall be paid out of the pension fund except by the treasurer of the corporation upon warrants signed by the chairperson of the board of trustees and countersigned by the secretary thereof. No warrant shall be drawn except by the order of the board upon a yea and nay vote recorded in the minutes of the board.

The board of trustees may deposit the moneys of the fund in any bank or trust company which is a member of the Federal Reserve System, and may invest those moneys in bonds secured by mortgages, or in mortgages guaranteed or insured by agencies or instrumentalities of the United States of America, provided that those mortgages are legal investments for savings banks in this State. The board of trustees may invest and reinvest the moneys in other evidences of indebtedness, or capital stock or other securities, at least 90 percent of which shall be issued by companies incorporated within the United States or within the Dominion of Canada, and in the bonds and other evidences of indebtedness of the United States of America, any state, city, county, school district or of the instrumentality of any state or of the United States of America. The board of trustees shall not invest any money in a foreign company that has an equity tie to the government of a country or its instrumentalities that the State, through the Division of Investment in the Department of the Treasury or its successor, is prohibited from investing in pursuant to P.L.2005, c.162 (C.52:18A-89.9 et seq.), P.L.2007, c.250 (C.52:18A-89.12) or any similar subsequent act. All income, interest or dividends paid or agreed to be paid on account of any loan or deposit shall constitute a part of the fund.

##### **§ 18A:66-109.1** Loans from retirement system. {#sec-18a-66-109.1 omnilex-key=us-nj-statutes--title-18a--18A:66-109.1}

10. Any member who has at least three years of service to his credit for which he has contributed as a member may borrow from the retirement system an amount equal to not more than 50% of the amount of his accumulated deductions, but not less than $50.00; provided that the amount so borrowed, together with interest thereon, can be repaid by additional deductions from compensation, not in excess of 25% of the member's compensation, made at the same time compensation is paid to the member. The amount so borrowed, together with the interest at the rate of 4 % per annum on any unpaid balance thereof, shall be repaid to the retirement system in equal installments by deduction from the compensation of the member at the time the compensation is paid or in such lump sum amount sufficient to repay the balance of the loan, but the rate at which any installment is deducted shall be at least equal to the member's rate of contribution to the retirement system and at least sufficient to repay the amount borrowed, with interest thereon. Not more than two loans may be granted to any member in any calendar year. Notwithstanding any other law affecting the salary or compensation of any person or persons to whom this act applies or shall apply, the additional deductions required to repay the loan shall be made.

Loans shall be made to a member from his accumulated deductions. The interest earned on those loans shall be treated in the same manner as interest earned from investments of the retirement system.

In the event a member retires without having repaid the full amount borrowed, then the retirement benefits to which he would otherwise be entitled shall be paid, less a deduction for the loan repayment. Subject to the approval of the board upon application by the retiree, the deduction from periodic benefits for a loan repayment may be reduced or otherwise adjusted, provided however that this deduction shall equal the lesser of the amount paid prior to the retirement or 20% of the periodic retirement benefit, whichever is less.

In the case of a pensioner who dies before the outstanding balance of the loan and interest thereon has been recovered, the remaining balance shall be repaid from the proceeds of any other benefits payable on the account of the pensioner, either in the form of monthly payments due to his beneficiaries or in the form of lump sum payments payable for pension or group life insurance.

##### **§ 18A:66-110** Manner of payment of pensions; options. {#sec-18a-66-110 omnilex-key=us-nj-statutes--title-18a--18A:66-110}

Pensions shall be paid from the fund in the manner following:

a. A member of the pension fund who was a member on or before June 26, 1962 and who has or shall hereafter have credit in the pension fund for 30 years or more as an employee of a board of education in a county wherein the fund has been established and maintained shall, upon application to the board of trustees of the pension fund, be retired by such board of trustees and shall thereupon receive annually from the fund, for and during the remainder of his or her life, by way of pension, an amount equal to one-forty-fifth of the average annual compensation received in any three years of creditable service providing the largest possible benefit multiplied by the number of years for which he or she has credit in the pension fund, the amount to be determined by resolution of the board.

b. Upon the retirement of a member who has reached the age of 60 years, the person so retired shall be entitled to receive during his or her life, by way of pension, one-forty-fifth of the average annual compensation received in any three years of creditable service providing the largest possible benefit multiplied by the number of years for which he or she has credit in the pension fund, the amount to be determined by resolution of the board. Upon the receipt of proper proof of death of a member who has retired on a service retirement allowance, there shall be paid to such person, if living, as he shall have nominated by written designation duly executed and filed with the board of trustees, otherwise to the executor or administrator of the member's estate an amount equal to one-half of the highest annual compensation received by the member in any year of creditable service.

c. A member of the fund who has credit therein for 10 years, who shall become incapacitated, either mentally or physically, and who cannot perform the regular duties of employment, or who is found unfit for the performance of his or her duties, upon the application of his employer or upon his own application or the application of someone acting in his behalf, shall be retired by the board of trustees of the pension fund and thereupon shall receive annually from the fund a retirement allowance as described in subsection b. of this section if he has reached or passed age 60 and if he is under age 60, an amount equal to nine-tenths of one-forty-fifth of the average annual compensation received in any three years of creditable service providing the largest possible benefit multiplied by the number of years of creditable service; provided, however, that in no event shall the pension be based upon less than 17 years nor more than 30 years of service unless the member would have had less than 17 years of service at age 60, in which event he shall be given credit for the years to age 60; however, a member who has not attained age 70 who shall become incapacitated, either mentally or physically, as a direct result of a traumatic event occurring in the performance of his or her duties of such employee, shall, upon the application of his employer or upon his own application or the application of someone acting in his behalf, be retired by the board of trustees of the pension fund, and, thereupon, if a report of the accident, in a form acceptable to the board of trustees of the pension fund, is filed with the said board of trustees within 60 days next following the accident and the application for retirement is filed with the said board of trustees within two years of the date of the accident, shall receive annually from the fund an amount equal to two-thirds of the annual salary being received by such employee on the date of the accident. The board of trustees may waive strict compliance with the time limits within which a report of the accident and an application for retirement must be filed with the board if it is satisfied: (1) that a report of the accident from which the disability is claimed to have resulted was filed with the employing board of education with reasonable promptitude and in no event later than 60 days after the accident, and (2) the applicant shall show that his failure to file a report with the board of trustees or to file his application for retirement within the time limited by law was due to mistake, inadvertence, ignorance of fact or law, inability, or to the fraud, misrepresentation or deceit of any person, or to a delay in the manifestation of the incapacity, or to any other reasonable cause or excuse, and (3) that the application for retirement was filed in good faith and the circumstances justify its favorable consideration.

The trustees of the pension fund shall have the power to determine whether or not any employee is permanently and totally disabled, and whether or not a disability of an employee is the direct result of a traumatic event occurring at some definite time and place in the performance of his or her duties as such employee. The claimant shall have the right to present physicians, witnesses or other testimony in his or her behalf before the board of trustees. The chairperson, or any other member of the board of trustees, may administer oaths to any physician or other persons called before the trustees regarding the employee's disability. The board of trustees shall decide, by resolution, whether the applicant is entitled to the benefit of this article.

Permanent and total disability resulting from a cardiovascular, pulmonary or muscular-skeletal condition which was not a direct result of a traumatic event occurring in the performance of duty shall be deemed an ordinary disability.

Once in each year, the board of trustees may, and upon the member's application shall, require any member retired for a disability, who is under the age of 60, to undergo medical examination by a physician or physicians designated by the board of trustees. The examination shall be made at the residence of the pensioner or any other place mutually agreed upon. If the physician or physicians thereupon report and certify to the board of trustees that the disabled pensioner is not permanently and totally incapacitated, either mentally or physically, for the performance of duty, and the board finds that said member is engaged in a gainful occupation, or could be engaged in a gainful occupation, and if the board concurs in the report, then the amount of the pension shall be reduced to an amount which, when added to the amount then being earned by him or her or an amount which he or she could earn if gainfully employed, shall not exceed the amount of compensation received by him or her at the time of his or her retirement, including any cost of living adjustment. If subsequent examination of such pensioner shows that his or her earnings have changed since the date of his or her last examination, then the amount of the pension shall be further altered, but the new pension shall not exceed the amount of the pension originally granted, nor shall the new pension, when added to the amount then being earned by the pensioner, exceed the salary or compensation received by him or her at the time of his or her retirement, including any cost of living adjustment.

d. At the time of retirement, any member may elect to receive his or her benefits in a retirement allowance payable throughout life, or he or she may, on retirement, elect to convert the benefits, otherwise payable to him or her, into a retirement allowance of the equivalent actuarial value computed on the basis of such mortality tables as shall be adopted by the board of trustees, in accordance with one of the optional forms following:

Option 1. A reduced retirement allowance, payable during life, with a provision that in the case of death, before the total pension payments have equaled the actuarial value computed as aforesaid, the balance shall be paid to his or her surviving designated beneficiary, duly acknowledged and filed with the board of trustees; and if none, then to the executor or administrator of his or her estate.

Option 2. A reduced retirement allowance, payable during the retired member's life, with the provision that after his or her death it will continue during the life of and be paid to his or her designated beneficiary, if such person survives him or her.

Option 3. A reduced retirement allowance, payable during the retired member's life, with the provision that after his or her death, an allowance at one-half of the rate of his or her reduced allowance will be continued during the life of and be paid to his or her designated beneficiary, if such person survives him or her.

Option 4. A reduced retirement allowance, payable during the retired member's life, with some other benefit payable after his or her death, provided the benefit is approved by the board of trustees.

Option 5. Some other benefit, which is equivalent to the full amount, three-quarters, one-half or one-quarter of the member's retirement allowance, shall be paid upon the member's death to the beneficiary designated by the member, and if that beneficiary dies before the member, the member's retirement allowance shall increase to the maximum retirement allowance for the member's lifetime, provided that such other benefit together with the member's lesser and maximum retirement allowances shall be certified by the actuary to be of equivalent actuarial value.

Except in the case of members who have elected to receive (1) a deferred retirement allowance pursuant to N.J.S.18A:66-113 or (2) an early retirement allowance pursuant to section 4 of P.L.1971, c.382 (C.18A:66-113.1) after separation from service pursuant to N.J.S.18A:66-113, if a member dies within 30 days after the date of retirement or the date of board approval, whichever is later, the member's retirement allowance shall not become effective and the member shall be considered an active member at the time of death. However, if the member dies after the date the application for retirement was filed with the system, the retirement will become effective if:

(1) The deceased member had designated a beneficiary under an optional settlement provided by this section; and

(2) The surviving beneficiary requests in writing that the board make such a selection. Upon formal action by the board approving that request, the request shall be irrevocable.

The board may select an Option 3 settlement on behalf of the beneficiary of a member who applied for and was eligible for retirement but who died prior to the effective date of the retirement allowance if all of the above conditions, with the exception of (1), are met.

The board of trustees shall, from time to time and as often as they deem it necessary, employ an actuary, who shall recommend, and the board shall keep in convenient form, such data as shall be necessary for actuarial valuations of the various funds created by this article. At least once in every five-year period, or more frequently as determined by the board of trustees, the actuary shall make an actuarial investigation into the mortality, service and salary experience of the members and beneficiaries of the retirement system, and shall make a valuation of the assets and liabilities of the various funds thereof, and upon the basis of such investigation the board of trustees shall:

(a) Adopt for the retirement system such mortality, service and other tables as shall be deemed necessary.

(b) Certify the rate of contribution which shall be made by each board of education to the pension fund as provided by this article.

Payments made pursuant to this subsection, as well as the pension fund documents associated therewith, shall comply with section 401(a)(25) of the federal Internal Revenue Code.

##### **§ 18A:66-110.2** Increase in certain retirement benefits. {#sec-18a-66-110.2 omnilex-key=us-nj-statutes--title-18a--18A:66-110.2}

4. a. The retirement allowance of each retiree under N.J.S.18A:66-110, N.J.S.18A:66-113 and section 4 of P.L.1971, c.382 (C.18A:66-113.1), who retired before January 1, 1995, or of the retiree's beneficiary pursuant to N.J.S.18A:66-110, on the effective date of this act, P.L.2001, c.454, shall be increased by 33.3%.

b. The retirement allowance of each retiree under N.J.S.18A:66-110, N.J.S.18A:66-113 and section 4 of P.L.1971, c.382 (C.18A:66-113.1), who retired on or after January 1, 1995 and before January 10, 2000, or of the retiree's beneficiary pursuant to N.J.S.18A:66-110, on the effective date of this act, P.L.2001, c.454 (C.18A:66-110.2 et al.), shall be increased by 11.1%.

c. The pension fund shall be liable for any increased cost to an employer under section 6 of P.L.1971, c.278 (C.18A:66-126.6) as a result of this section.

d. A person who is eligible to receive an increased retirement allowance under this section may, at any time, waive his or her right thereto by filing a written notice of waiver with the secretary of the pension fund. The application for the waiver of all or part of the increase shall be made by the retiree at least 30 days prior to the desired effective date on a form satisfactory to the pension fund and shall be effective on the first day of the following month. Such waiver may be withdrawn at any time and upon such withdrawal the increase in the retirement allowance shall commence with the retirement allowance payment for the next following month.

##### **§ 18A:66-111** Option to retire after referendum; amount of pension {#sec-18a-66-111 omnilex-key=us-nj-statutes--title-18a--18A:66-111}

When a majority of the members of any pension fund established pursuant to article 16 of chapter 5 of Title 18 of the Revised Statutes vote affirmatively on a referendum held pursuant to chapter 38 of the laws of 1955, any member of such fund who was in the employ of one of such boards of education on March 25, 1935 and has been continuously in the employ of one or more of such boards of education thereafter and has heretofore established credit in such pension fund for all service rendered subsequent to such date shall have the option to retire from such fund, to be exercised prior to the date of termination of the fund pursuant to referendum held in accordance with chapter 38 of the laws of 1955 and to receive during his or her natural life by way of pension 1/60 of the average annual compensation received in the last 3 years of creditable service immediately preceding his or her retirement, multiplied by the number of years of creditable service. If such option is exercised, the pension payable under this act shall be in lieu of all other rights to which the member might otherwise be entitled under said fund.

##### **§ 18A:66-113** Deferred retirement allowance. {#sec-18a-66-113 omnilex-key=us-nj-statutes--title-18a--18A:66-113}

A member of the pension fund who has 10 years of service credit in the pension fund and who separates voluntarily or involuntarily before attaining the age of 60 years, and not by removal for cause on charges of misconduct or delinquency, may elect to receive a deferred retirement allowance beginning at the age of 60 years, equal to one-forty-fifth of the average annual compensation received by him during any three years of creditable service providing the largest possible benefit multiplied by the number of years of credited service, with optional privileges as provided for in subsection d. of section 18A:66-110.

Such member shall advise the board of trustees of his election of such a deferred retirement allowance in writing, and shall complete such forms as shall be specified by the board of trustees in its administration of this section.

Subsequent to making such an election, but prior to attaining age 60, a member may later elect to withdraw all payments which he has made to the pension fund together with simple interest at the rate of 4% per annum figured on such employee contributions. Upon such withdrawal of contributions, no further benefits shall be payable on behalf of said employee by the pension fund. If such a member should die before attaining the age of 60 years, all payments which he has made, together with simple interest at the rate of 4% per annum figured on such employee's contributions to the fund from the date of membership, shall be paid to such person, if living, as he shall have nominated by written designation duly executed and filed with the board of trustees, otherwise to the executor or administrator of the member's estate.

Any member who, having elected to receive a deferred retirement allowance, again becomes an employee covered by the retirement system while under the age of 60 shall thereupon be reenrolled. He shall be credited with all service as a member standing to his credit at the time of his election to receive a deferred retirement allowance.

##### **§ 18A:66-113.1** Early retirement. {#sec-18a-66-113.1 omnilex-key=us-nj-statutes--title-18a--18A:66-113.1}

4. Should a member resign after having established 25 years of creditable service before reaching age 60, he may elect "early retirement," provided that such election is communicated by such member to the retirement system by filing a written application, duly attested, stating at what time subsequent to the execution and filing thereof he desires to be retired. He shall receive in lieu of any other payment provided for in section 18A:66-113 retirement allowance of one-forty-fifth of his average annual compensation received in any three years of creditable service providing the largest possible benefit for each year of service credited reduced by one-quarter of 1% for each month that the member lacks of being age 55.

##### **§ 18A:66-114** Public employee veterans, retirement benefits, certain. {#sec-18a-66-114 omnilex-key=us-nj-statutes--title-18a--18A:66-114}

a. (Deleted by amendment, P.L.2004, c.173.)

b. Any veteran who took or shall take office, position or employment with a board of education or a school district after June 26, 1962 and who shall become a member of the pension fund after such date, and who shall have attained 62 years of age and who shall present to the board of trustees satisfactory evidence of 20 years of aggregate service in office, position or employment with this State or with a county, municipality, or school district or board of education, shall have the privilege of retiring and of receiving annually from the fund, for and during the remainder of his life, by way of pension, 54.5% of the compensation upon which the veteran made contributions to the pension fund during the 12-month period of membership providing the largest possible benefit to the veteran, with the optional privileges provided in subsection d. of section 18A:66-110.

c. Any public employee veteran member of the pension fund who has been for 20 years in the aggregate in office, position or employment with this State or with a county, municipality, or school district or board of education shall have the privilege of retiring for ordinary disability and of receiving a retirement allowance equal to 54.5% of the compensation upon which contributions to the pension fund are based during the 12-month period of membership providing the largest possible benefit to the veteran, with the optional privileges provided in subsection d. of section 18A:66-110.

d. Any public employee veteran member who shall be in office, position or employment with a board of education or a school district and who shall have attained the age of 60 years of age and who has at least 25 years of aggregate service credit in such office, position or employment and who shall present to the board of trustees satisfactory evidence of at least 25 years of aggregate service in such office, position or employment, shall have the privilege of retiring for service and receiving annually from the fund, for and during the remainder of his life, by way of pension, 2.42% of the highest year's compensation during employment, upon which compensation he made contributions to the pension fund, multiplied by the number of years of service with the optional privileges provided in subsection d. of N.J.S.18A:66-110.

##### **§ 18A:66-114.1** Veteran retirees, allowance increased. {#sec-18a-66-114.1 omnilex-key=us-nj-statutes--title-18a--18A:66-114.1}

2. a. The retirement allowance of each veteran retiree under N.J.S.18A:66-114 who retired before January 1, 1995 shall be increased by 33.3%.

b. The retirement allowance of each veteran retiree under N.J.S.18A:66-114 who retired on or after January 1, 1995 and before December 31, 1999 shall be increased by 11.1%.

c. The retirement allowance of each veteran retiree under N.J.S.18A:66-114 who retired after December 31, 1999 shall be increased by 9%.

d. The increases in retirement allowances provided under subsection a., b. or c. of this section shall be applicable retroactively to payments made on or after January 14, 2002. The board of trustees shall make the appropriate calculations and the increase in benefits due to retirees shall be paid in such manner as the board of trustees shall determine.

##### **§ 18A:66-115** Payment of pensions in semimonthly installments {#sec-18a-66-115 omnilex-key=us-nj-statutes--title-18a--18A:66-115}

All pensions paid by a pension fund established under article 16 of chapter 5, Title 18 of the Revised Statutes or this article, shall be paid in equal semimonthly installments and shall not be decreased, revoked or repealed, except as otherwise provided in this article.

##### **§ 18A:66-116** Exemptions {#sec-18a-66-116 omnilex-key=us-nj-statutes--title-18a--18A:66-116}

The right of a person to a pension, an annuity, or a retirement allowance, to the return of contributions, any benefit or right accrued or accruing to a person under the provisions of this article, and the moneys in the various funds created under this article, shall be exempt from levy and sale, garnishment, attachment or any other process arising out of any State court and, except as otherwise provided, shall be unassignable.

Nothing in this section shall prohibit any person insured under a group insurance policy, pursuant to an arrangement among the insured, the group policyholder and the insurer, from making to any person other than his employer, a gift assignment of the rights and benefits conferred on him by any provision of such policy or by law including specifically, but not by way of limitation, the right to exercise the conversion privilege and the right to name a beneficiary. Any such assignment, whether made before or after the effective date of this act (P.L.1995, c.240), shall entitle the insurer to deal with the assignee as the owner of all rights and benefits conferred on the insured under the policy in accordance with the terms of the assignment.

##### **§ 18A:66-117** Contributory death benefits {#sec-18a-66-117 omnilex-key=us-nj-statutes--title-18a--18A:66-117}

a. The board of trustees may establish a plan of contributory death benefit coverage under which a death benefit, shall, upon receipt of proper proofs of death in service of a member covered therefor, be paid to such person, if living, as the member shall have nominated by written designation duly executed and filed with the board of trustees, otherwise to the executor or administrator of the member's estate. The amounts of death benefits under such plan of contributory death benefit coverage shall be determined by the board of trustees, provided that the amount of the death benefit for any member shall not exceed 1 1/2 times the compensation received by the member in the last year of creditable service, and provided further that for the death in service of a member occurring after he has attained age 70, the amount of death benefit under such plan shall not exceed 3/16 of the compensation received by the member in the last year of creditable service. Such a plan of contributory death benefit coverage shall be subject to adjustment from time to time by the board of trustees.

b. The board of trustees shall establish all rules governing the contributory death benefit coverage, subject to the provisions of this section. There is hereby established the members' death benefit fund in which fund shall be accumulated the contributions made under this section. Upon the death of a member electing the contributory death benefit, the contributory death benefit payable shall be paid from the members' death benefit fund.

c. The board of trustees shall establish schedules of contributions to be made by or on behalf of the members covered under the plan of contributory death benefit coverage. Such contributions shall be so computed that the contributions made by or on behalf of all covered members in the aggregate shall be sufficient to provide for the cost of the benefits established by subsection a. of this section. Such schedules of contributions shall be subject to adjustment from time to time, by the board of trustees, as the need may appear.

d. Each member will be eligible for such contributory death benefit coverage in accordance with and subject to the further provisions of this section. Each person who was a member on June 26, 1962 and who elected, not later than June 26, 1963 to purchase such contributory death benefit coverage became covered therefor on the first day on or after such election, on which he was actively at work and performing all his regular duties at his customary place of employment. Each person who became or becomes a member after June 26, 1962, shall automatically be covered for such contributory death benefit coverage from the first day of his membership on which he is actively at work and performing all his regular duties at his customary place of employment. Such automatic coverage shall continue during the member's first year of membership and during such year contributions as fixed by the board of trustees shall be made by or on behalf of the member. After such first year of membership such member shall continue to be covered for contributory death benefit coverage, subject to the continuance of the required contributions and subject to the provisions of such plan and the provisions of this section.

e. The contributions of a member for the contributory death benefit coverage shall be deducted from his compensation, but if there is no compensation from which such contributions may be deducted it shall be the obligation of the member to make such contributions directly to the members' death benefit fund or as directed by the board; provided, however, that no contribution shall be required while a member remains in service after attaining age 70 but the board of education employing such person shall be required to pay into the members' death benefit fund or as directed by the board of trustees on such person's behalf an amount equal to the contribution otherwise required by the board of trustees in accordance with this section.

f. Any other provision of this article notwithstanding, the contributions of a member, or the contributions made on behalf of a member by the board of education employing such member for the contributory death benefit coverage under this section shall not be returnable to the member, his or her beneficiary, or the board of education employing such member in any manner, or for any reason whatsoever, nor shall any contributions made for the contributory death benefit coverage be included in any pension payable to such member or to his or her beneficiary.

g. A member who is covered by the contributory death benefit coverage provided by this section may file with the board of trustees, and alter from time to time during his lifetime, as desired, a duly attested, written, new nomination of the payee of the death benefit provided under this section. Such member may also file and alter from time to time during his lifetime, as desired, a request with the board of trustees directing payment of said benefit in one sum or in equal annual installments over a period of years or as a life annuity. Upon the death of such member, a payee to whom a benefit is payable in one sum may elect to receive the amount payable in equal installments over a period of years or as a life annuity.

h. All other provisions of this section notwithstanding, the benefits to be provided pursuant to this section shall come into effect only as determined by the board of trustees. Applications for such additional death benefit coverage shall be submitted to the board of trustees in such a manner and upon such forms as the board of trustees shall provide.

i. The board of trustees may also provide, effective upon the adoption of this 1968 amendatory act, for additional death benefit coverage, as described in subsection j of this section, for former members who are receiving retirement allowances pursuant to the provisions of this article subject to the provisions hereinafter stated, and the board may terminate such coverage at any time. The additional death benefit coverage to be so provided shall be in accordance with rules as determined by the board from time to time on the basis of dates of retirement or other factors deemed appropriate by it. In no event shall the additional death benefit coverage described in subsection j of this section apply to any former member receiving a retirement allowance unless such member was covered by the additional death benefits described in subsection a of this section during the member's last month of creditable service, nor shall such coverage apply prior to a member's attainment of age 60. No contributions toward the cost of additional death benefit coverage described in subsection j of this section shall be required of a former member while he is receiving a retirement allowance pursuant to the provisions of this article.

j. Upon receipt of proper proofs of the death of a former member who was covered for the additional death benefit coverage pursuant to subsection i of this section, there shall be paid to such person, if living, as the member shall have nominated by written designation duly executed and filed with the board of trustees, otherwise to the executor or administrator of the member's estate, an amount equal to 3/16 of the compensation received by the member in the last year of creditable service.

##### **§ 18A:66-118** Purchase of group life insurance policies for death benefits {#sec-18a-66-118 omnilex-key=us-nj-statutes--title-18a--18A:66-118}

The county superintendent of schools is hereby authorized and permitted to purchase from one or more life insurance companies, a policy or policies of group life insurance to provide for the noncontributory death benefit and the contributory death benefit as provided in section 18A:66-117.

##### **§ 18A:66-119** Qualifications of life insurance companies to issue group insurance policies {#sec-18a-66-119 omnilex-key=us-nj-statutes--title-18a--18A:66-119}

Any life insurance company must meet the following requirements in order to qualify under section 18A:66-118: (a) be licensed under the laws of the state of New Jersey to transact life and accidental death insurance, and (b) the amount of its group life insurance in the state of New Jersey other than group creditors insurance shall at the time said insurance is to be purchased equal at least 1% of the total amount of such group life insurance in the state of New Jersey in all life insurance companies.

##### **§ 18A:66-120** Payment of premiums for group life insurance {#sec-18a-66-120 omnilex-key=us-nj-statutes--title-18a--18A:66-120}

a. In the event the county superintendent of schools shall determine to purchase group life insurance coverage for the noncontributory death benefits, premiums for the same shall be paid from a special fund, hereby created, called the "group insurance premium fund." The county superintendent of schools shall estimate annually the amount of premiums which will be required for such benefits for the ensuing fiscal year and shall certify such amounts to the participating employers as due and owing from them. The participating employers shall pay over to the county superintendent of schools the amount for premiums so certified and the county superintendent of schools shall deposit these amounts in the group insurance premium fund.

b. In the event that the county superintendent of schools shall determine to purchase group coverage for the contributory death benefits, premiums for same shall be paid from a special fund hereby created called the "contributory group insurance premium fund." While such group coverage shall be in force, the contributions from the compensation of members or on behalf of members to provide such contributory death benefits shall be accumulated in said contributory group insurance premium fund

c. Any dividend or retrospective rate credit allowed by an insurance company shall be accredited to the aforesaid funds in an equitable manner. During the period such group insurance policy or policies are in effect, there shall be no commingling of the moneys in said funds with any other fund established pursuant to this article.

##### **§ 18A:66-121** Provision of conversion privileges in group life insurance policies {#sec-18a-66-121 omnilex-key=us-nj-statutes--title-18a--18A:66-121}

a. Any such group policy or policies shall include, with respect to any insurance terminating because the member has been retired or because of termination of service, the conversion privilege available upon termination of employment as prescribed by the law relating to group life insurance. Any such group policy or policies shall also provide that if a member dies during the 31-day period during which he would be entitled to exercise the conversion privilege, the amount of insurance with respect to which he could have exercised the conversion privilege shall be paid as a claim under the group policy.

b. If any member who has exercised the conversion privilege under the group policy or policies again becomes a member of the pension fund while the individual policy obtained pursuant to the conversion privilege is still in force, he shall not again be eligible for any of the death benefits provided by the noncontributory or contributory insurance group policy or policies unless he furnishes satisfactory evidence of insurability.

##### **§ 18A:66-122** Benefits under group life insurance policies; to whom paid {#sec-18a-66-122 omnilex-key=us-nj-statutes--title-18a--18A:66-122}

Benefits under such group policy or policies shall be paid by the company to such person, if living, as the member shall have nominated by written designation duly executed and filed with the insurance company through the policyholder, otherwise to the executors or administrators of the member's estate. A member may file with the insurance company through the policyholder and alter from time to time during his lifetime, as desired, a duly attested written nomination of his payee for the death benefit.

##### **§ 18A:66-123** Options as to payment of death benefits {#sec-18a-66-123 omnilex-key=us-nj-statutes--title-18a--18A:66-123}

Any such group policy or policies shall provide that payment of any death benefits which are payable by the insurance company may be made in one sum directly to the beneficiary as hereinafter provided, in equal installments over a period of years or as a life annuity or in such other manner as may be made available by the insurance company. A member may make such arrangements for settlement, and may alter from time to time during his lifetime any arrangement previously made, by making written request to the insurance company through the policyholder. Upon the death of a member, a beneficiary to whom a benefit is payable in one sum by the insurance company may likewise arrange for a settlement as described above. Any arrangement for payment under a group policy to a beneficiary shall be in lieu of that provided by the sections of this article establishing the benefits covered under such policy.

##### **§ 18A:66-124** Leave of absence for illness deemed to be service {#sec-18a-66-124 omnilex-key=us-nj-statutes--title-18a--18A:66-124}

a. For the purpose of section 18A:66-117 and subsection c. of section 18A:66-108, a member shall be deemed to be in service for a period of no more than 2 years while on official leave of absence without pay; provided that satisfactory evidence is presented to the board of trustees that such leave of absence without pay is due to illness.

b. For the purpose of section 18A:66-117 and subsection c. of section 18A:66-108, a member shall be deemed to be in service for a period of no more than 93 days while on official leave of absence without pay when such leave of absence is due to any reason other than illness or military leave of absence.

c. In order for a member to be covered for the contributory death benefits provided under section 18A:66-117, he shall continue to make contributions for same during the period such member is on official leave of absence without pay up to 93 days, except that when such official leave of absence without pay is due to illness, no contributions shall be required of the member during the period he is deemed to be in service while on such leave of absence.

##### **§ 18A:66-125** Perjury to obtain pension {#sec-18a-66-125 omnilex-key=us-nj-statutes--title-18a--18A:66-125}

Any person who shall willfully or knowingly swear falsely in any oath for the purpose of obtaining or procuring any pension or the payment thereof, under the provisions of this article, shall be deemed guilty of perjury.

##### **§ 18A:66-126** Retention of moneys bars member {#sec-18a-66-126 omnilex-key=us-nj-statutes--title-18a--18A:66-126}

Any member of the pension fund who shall unlawfully retain any of the moneys, property, or effects of any such corporation organized under this article shall be forever barred from any benefit from the fund.

##### **§ 18A:66-126.1** Definitions {#sec-18a-66-126.1 omnilex-key=us-nj-statutes--title-18a--18A:66-126.1}

As used in this act "retirant" means any former employee included in the membership of the retirement system established under the act to which this act is a supplement, who has retired from such employment and, as a result of such employment, is receiving a retirement allowance from the retirement system.

"Calendar year" means the 12-month period beginning January 1 and ending December 31.

"Retirement year" is the calendar year 1967 for all retirants who retired before the calendar year 1968; for all retirants who retired after 1967, "retirement year" is the actual calendar year of retirement.

"Index" shall mean the annual average over a calendar year of the Consumer Price Index for Urban Wage Earners and Clerical Workers, All Items Series A, of the United States Department of Labor, (1957-1959=100). Should the reference base of said index be changed, the index used to determine the Consumer Price Index as defined herein will be the index converted to the new base by standard statistical methods.

"Retirement year index" shall be the index of the calendar year 1967 for all retirants who retired prior to January 1, 1968 and the index for the calendar year of retirement for all retirants who retired thereafter.

##### **§ 18A:66-126.2** Increase in pension {#sec-18a-66-126.2 omnilex-key=us-nj-statutes--title-18a--18A:66-126.2}

The monthly retirement allowance originally granted to any retirant shall be increased in accordance with the provisions of this act.

Pension increases shall not be paid to retirants who are not receiving their regular, full, monthly retirement allowances. The increase granted under the provisions of this act shall be effective only on the first day of a month, shall be paid in monthly installments, and shall not be decreased, increased, revoked or repealed except as otherwise provided in this act. No increase shall be due to a retirant or his beneficiary unless it constitutes a payment for an entire month.

##### **§ 18A:66-126.3** Ratio of increase {#sec-18a-66-126.3 omnilex-key=us-nj-statutes--title-18a--18A:66-126.3}

The "ratio of increase" which shall apply to the retirement allowance originally granted to a retirant shall be calculated in accordance with the following percentages as determined by the calendar year in which the retirement became effective; provided that, in no instance shall the amount of the retirement allowance paid to any retirant under this supplementary act including payments under future revisions be less than the retirement allowance paid under section 6 of chapter 364, public laws of 1968.

Year of Ratio of Year of Ratio of

Retirement Increase Retirement Increase

1940 132% 1948 35%

1941 120% 1949 36%

1942 99% 1950 35%

1943 88% 1951 25%

1944 85% 1952 22%

1945 80% 1953 21%

1946 66% 1954 21%

1947 45%

##### **§ 18A:66-126.4** Appropriations to pay increase {#sec-18a-66-126.4 omnilex-key=us-nj-statutes--title-18a--18A:66-126.4}

4. The employer shall pay one-half the cost of the increase in the retirement allowances payable to retirants who retired from the employ of such employer. Certification of the amounts due shall be made by the board of trustees to each employer. Each employer shall appropriate the amounts so certified in the fiscal year next following its fiscal year in which such certification is made. Such amounts shall be paid by each employer to the retirement system. In making such certifications to employers in the years after 1970 the board of trustees shall take into account payments made by the employer, payments to retirants of such employer and prospective payments to be made to such retirants in the following year.

The increase in retirement allowances provided for under this act shall commence provided, that there is appropriated the amount certified by the Director of the Division of Pensions of the State Department of the Treasury to the Director of the State Division of Budget and Accounting as set forth in the Pension Increase Act (P.L.1969, c.169). The increase in retirement allowances shall continue to be paid as long as there shall be appropriated the amounts so certified. In the event that the necessary funds are not so appropriated, the increase in retirement allowances shall cease; no further payments shall be made by other employers; refunds shall be made by the retirement system to all employers of any balances unexpended on their account.

##### **§ 18A:66-126.5** Waiver; withdrawal {#sec-18a-66-126.5 omnilex-key=us-nj-statutes--title-18a--18A:66-126.5}

Any person who is eligible to receive the increased retirement allowance under the provisions of this act may, at any time, waive his right thereto by filing a written notice of waiver with the secretary of the retirement system. The application for the waiver of all or part of the increase shall be made by the retirant at least 30 days prior to the desired effective date on a form satisfactory to the retirement system and shall be effective on the first day of the following month. Such waiver may be withdrawn at any time and upon such withdrawal the increase in the retirement allowance shall commence with the retirement allowance payment for the next following month.

##### **§ 18A:66-126.6** Adjustment of retirement allowances {#sec-18a-66-126.6 omnilex-key=us-nj-statutes--title-18a--18A:66-126.6}

6. On or before October 1, 1969 and by the same date in each subsequent year, the Director of the Division of Pensions of the State Department of the Treasury shall review the index and determine the percentum of change in the index from the retirement year index, pursuant to the provisions of the Pension Increase Act (P.L.1969, c.169). The percentage of adjustment in the retirement allowances shall be 60% of the percentum of change.

The director shall include amounts sufficient to adjust the retirement allowances or pensions payable to all eligible retirants by 60% of the percentum of change in the index as such retirement allowances or pensions may have been originally granted, or increased for certain retirants in accordance with the provisions of the Pension Increase Act (P.L.1969, c.169). The director shall notify the secretary of the retirement system of the percentage of adjustment for the applicable year.

The employer and the pension fund shall each pay one-half of the percentage of adjustment, provided however that if the percentage of adjustment from any one year to the next year is greater than ten percent, the amount paid by the pension fund with respect to that particular period shall be limited to five percent.

Adjustments by the pension fund in the retirement allowance shall only apply after the effective date of this act (P.L.1995, c.240) and there shall be no retroactive payments for adjustments.

In no instance shall the amount of the retirement allowance originally granted and payable to any retirant be reduced as a result of this adjustment.

For purposes of this section, a "retirant" shall include all retirants except those whose retirement allowances commenced within the two calendar years prior to the first of the month in which the adjustment is to become effective in any year.

##### **§ 18A:66-126.7** Blanket increase in original or minimum pensions; adjustment of payments under this act {#sec-18a-66-126.7 omnilex-key=us-nj-statutes--title-18a--18A:66-126.7}

If legislation is adopted providing for a blanket increase in the original retirement allowances or for minimum allowances to any group of retirants eligible for benefits under this act, all increases provided under this supplementary act shall be terminated on the first of the month when such blanket increases or minimum allowances are payable, except in those instances where the retirant's original allowance plus the increases provided under this act will exceed the amounts payable to such retirants as a result of such other legislation; in such event the amount payable under this act shall be the difference between the new allowance payable by the retirement system and the amount which would otherwise have been paid under this act. Any subsequent annual review of amounts payable under this act for such retirants shall continue to be determined on the basis of the original allowance as granted by the retirement system prior to any blanket increase or provision for minimum allowance for any group of retirants eligible for benefits under this act.

##### **§ 18A:66-126.8** Director of division of pensions; rules and regulations; reports {#sec-18a-66-126.8 omnilex-key=us-nj-statutes--title-18a--18A:66-126.8}

The Director of the Division of Pensions of the State Department of the Treasury shall promulgate such rules and regulations, not inconsistent with the provisions of the Pension Increase Act (P.L.1969, c. 169) and this act, as he shall deem necessary for the effective operation of the program. He shall include a report of the operation of the Pension Increase Act (P.L.1969, c. 169) and this act in his annual report submitted to the Governor and the Legislature regarding all of the operations of the Division of Pensions. The secretary of the retirement system shall furnish such information as the director may request for this purpose.

##### **§ 18A:66-126.9** Definitions {#sec-18a-66-126.9 omnilex-key=us-nj-statutes--title-18a--18A:66-126.9}

As used in this act:

a. "Pension fund" means the fund operating under the provisions of article 2 of chapter 66 of Title 18A of the New Jersey Statutes, as such fund applies to certain employees of the boards of education in school districts in counties of the first class.

b. "Retirement system" means the Public Employees' Retirement System of New Jersey as established under the provisions of P.L.1954, c. 84.

##### **§ 18A:66-126.10** Social security; coverage; referendum {#sec-18a-66-126.10 omnilex-key=us-nj-statutes--title-18a--18A:66-126.10}

a. The State Treasurer, as the State Agency for Social Security, is directed to conduct a referendum on the question of whether the service performed by members of the pension fund established under article 2 of chapter 66 of Title 18A of the New Jersey Statutes should be excluded from or included under the State's agreement with the Federal Government.

b. The State Treasurer is further directed to secure Social Security coverage for the members of the pension fund within 60 days after a majority of such members qualified to vote in a referendum as required by section 218(d)(3) of the Social Security Act shall have voted to be covered under terms of that act.

The State Treasurer is also directed to obtain Social Security coverage for such members on a prospective basis only.

##### **§ 18A:66-126.11** Application of L.1956, c. 169 upon extension of social security coverage to members of pension fund {#sec-18a-66-126.11 omnilex-key=us-nj-statutes--title-18a--18A:66-126.11}

If Social Security coverage is extended to members of the pension fund, the provisions of P.L.1956, c. 169 shall apply to such members of said pension fund subject to the following provisos:

a. Any member of the pension fund who was a member on or before June 26, 1962 and who has or shall hereafter have credit in the pension fund and the retirement system for 30 years or more as an employee of a board of education, shall, upon application to the board of trustees of the retirement system, be retired by such board of trustees and shall thereupon receive annually, for and during the remainder of his life, by way of a retirement allowance, an amount equal to 1/60 of the average annual salary received by him during the 3 years immediately preceding his retirement multiplied by the number of years he has credit in the pension fund and the retirement system as an employee of a board of education.

Any such retirement allowance payable under this subsection shall be in lieu of the retirement benefits which would accrue to the said employee under the retirement system or any retirement system established by the State or any of its political subdivisions.

b. The transfer of prior service, contributing membership credit, and the moneys attributable to the accounts of public employee veteran members of the pension fund to the retirement system shall not alter the service credit previously established.

c. All pensions granted by the pension fund shall be payable by the retirement system in equal monthly installments.

d. All purchases of service credit contracted with the pension fund shall be continued without alteration in terms of credit to be established, the cost and the amount of the additional payroll deductions prescribed for such purchase.

e. All reserves and moneys held by the insurance carrier under contracts provided by employer and employee contributions to the county superintendent of schools, the policyholder, shall be transferred and merged with those maintained for all members of the retirement system.

f. If a transferring member was not covered by either or both noncontributory and contributory death benefit coverages, he may be allowed the death benefits of the retirement system, provided, however, that such member must furnish satisfactory evidence of insurability and on the effective date of his membership in the retirement system is actively at work and performing all his regular duties at his customary place of employment. The effective date of coverage for such benefits shall be on the first day of the month which immediately follows the date when such evidence is determined to be satisfactory.

Such evidence of insurability will not be required of any transferring member if such member was covered by such benefits immediately prior to the transfer.

##### **§ 18A:66-126.12** Effect of termination of pension fund on article {#sec-18a-66-126.12 omnilex-key=us-nj-statutes--title-18a--18A:66-126.12}

The termination of the pension fund pursuant to the provisions of P.L.1956, c. 169 shall result in the repeal of article 2 of chapter 66 of Title 18A of the New Jersey Statutes and all acts amendatory and supplementary thereto.

##### **§ 18A:66-127** Employees of board of education, agreement to reduce salary for purchase of annuity. {#sec-18a-66-127 omnilex-key=us-nj-statutes--title-18a--18A:66-127}

Any board of education may enter into an agreement with any of its employees whereby the employee agrees to take a reduction in salary with respect to amounts earned after the effective date of such agreement in return for the board's agreement to use a corresponding amount to purchase for the employee an annuity, as defined by N.J.S.17B:17-5, from any company authorized to sell such annuities under the provisions of Title 17B of the New Jersey Statutes, or to invest in a custodial account for the employee through a broker-dealer or agent registered pursuant to the provisions of sections 9 and 10 of the "Uniform Securities Law (1967)," P.L.1967, c.93 (C.49:3-56 and C.49:3-57).

Any such annuity shall be purchased by means of an individual or group annuity contract which may provide for continuance of purchase payments during total disability, and under which the rights of such employee to such contract shall be nonforfeitable. Any such custodial account shall be established in accordance with and maintained to meet the requirements of section 403(b)(7) or section 457(b) of the Federal Internal Revenue Code of 1986, 26 U.S.C. ss.403(b) and 457(b), as amended. All moneys deferred for section 457 plans adopted after the effective date of this act, P.L.2003, c.155 and any other income shall be held in trust, in one or more annuity contracts or in custodial accounts for the exclusive benefit of the participating employees and their beneficiaries. Every such agreement shall specify the amount of such reduction, the effective date thereof, and shall be legally binding and irrevocable with respect to the amounts earned while the agreement is in effect. The total amount of the reductions in an employee's salary pursuant hereto, for any calendar year, shall not exceed the limitations set forth in sections 403(b), 457(b) and 415(c) of the Internal Revenue Code of 1986 as amended for such year. Any such agreement may be terminated upon notice in writing by either party.

Amounts payable pursuant to this section by a board of education on behalf of an employee for a pay period shall be transmitted and credited not later than the fifth business day after the date on which the employee is paid for that pay period.

##### **§ 18A:66-128** Reduction of salary for obtaining certain benefits. {#sec-18a-66-128 omnilex-key=us-nj-statutes--title-18a--18A:66-128}

Any reduction in salary agreed to by any employee pursuant to the provisions of this article shall be deemed to be a reduction in salary for the purpose of obtaining the benefits afforded under section 403(b) or section 457, 26 U.S.C. ss.403(b) and 457, of the Federal Internal Revenue Code and shall not be deemed to be a reduction in salary in any other matter, the determination of which is based upon the amount of the employee's includable compensation as set forth in sections 403(b) and 457(b) of the federal Internal Revenue Code.

##### **§ 18A:66-129** Agreements validated, confirmed. {#sec-18a-66-129 omnilex-key=us-nj-statutes--title-18a--18A:66-129}

Any agreements having the same purpose as agreements authorized by this article, made prior to October 7, 1966, between a board of education and any of its employees are hereby validated and confirmed and shall be as good and effectual as if they had been made under the provisions of this article provided that the terms of any such agreement applicable after July 1, 1967 are in conformity with the terms applicable to the agreements specifically authorized by this article.

Any 457(b) deferred compensation plan established by a board of education prior to the effective date of this act, P.L.2003, c.155, which has the same purpose as plans authorized by this act, is hereby validated and confirmed and shall be as good and effectual as if it had been made under the provisions of this act, provided that the terms of such plan, and the manner in which it was established and managed, are in conformity with the provisions of this act.

##### **§ 18A:66-167** Repeals {#sec-18a-66-167 omnilex-key=us-nj-statutes--title-18a--18A:66-167}

The following acts or parts of acts are repealed as of July 1, 1969:

a. Sections 18A:64C-11.1 to 18A:64C-11.9, inclusive, of the New Jersey Statutes.

b. Sections 18A:65-74 to 18A:65-85, inclusive, of the New Jersey Statutes.

c. Public Laws 1967, c. 278 (C. 18A:66-130 to C. 18A:66-141, inclusive).

d. Public Laws 1967, c. 281 (C. 18A:66-142 to C. 18A:66-153, inclusive).

e. Public Laws 1968, c. 181 (C. 18A:66-154 to C. 18A:66-166, inclusive).

##### **§ 18A:66-168** Repeal subject to certain provisos. {#sec-18a-66-168 omnilex-key=us-nj-statutes--title-18a--18A:66-168}

2. Repeal of the act and parts of acts, and all amendments and supplements thereto, pursuant to section 1 of this act, is subject to the following provisos:

a. The alternate benefit programs established by the Board of Governors of Rutgers, The State University of New Jersey, the Board of Trustees of the New Jersey Institute of Technology and the Board of Higher Education for certain employees of State and county colleges, are continued except as the benefit and contribution schedules are revised by this act.

b. The timely filing of applications for transfer from the Public Employees' Retirement System, the Teachers' Pension and Annuity Fund and the Group Annuity Plan as specified in such acts shall be deemed to have not been revised by this act.

c. The transfer of employee and employer contributions from the Public Employees' Retirement System, the Teachers' Pension and Annuity Fund and the Group Annuity Plan to the insurers or mutual fund companies of the alternate benefit programs shall be considered as having met the requirements of said acts and shall be continued as provided by this act.

d. Any contributions made by a member of the alternate benefit program for any additional death benefit coverage established under said acts shall not be returnable to the member or his beneficiary in any manner, or for any reason whatsoever, nor shall any contributions made for the additional death benefit coverage be included in any annuity payable to any such member or to his beneficiary.

##### **§ 18A:66-168.1** Termination of portion of alternate benefit program. {#sec-18a-66-168.1 omnilex-key=us-nj-statutes--title-18a--18A:66-168.1}

67. With respect to the portion of the alternate benefit program, P.L.1969, c.242 (C.18A:66-167 et seq.), that is subject to section 403(b) of the federal Internal Revenue Code (26 U.S.C. s. 403(b)), the State may terminate the 403(b) portion of the alternate benefit program only as permitted by the applicable regulations of the United States Department of the Treasury.

##### **§ 18A:66-169** Definitions. {#sec-18a-66-169 omnilex-key=us-nj-statutes--title-18a--18A:66-169}

3. As used in this act:

a. "Accumulated deductions" means those contributions as defined in N.J.S.18A:66-2 or in section 6 of P.L.1954, c.84 (C.43:15A-6).

b. "Base salary" means a participant's regular base or contractual salary. It shall exclude bonus, overtime or other forms of extra compensation such as (1) longevity lump sum payments, (2) lump sum terminal sick leave or vacation pay, (3) the value of maintenance, (4) individual pay adjustments made within or at the conclusion of the participant's final year of service, (5) retroactive salary adjustments or other pay adjustments made in the participant's final year of service unless such adjustment was made as a result of a general pay adjustment for all personnel of the department or institution, (6) any unscheduled individual adjustment made in the final year to place the member at the maximum salary level within his salary range and (7) any pay for services rendered during the summer vacation period by a participant who is required to work only 10 months of the year.

c. "Base annual salary" means the base salary upon which contributions by the member and his employer to the alternate benefit program were based during the last year of creditable service.

d. (Deleted by amendment, P.L.1994, c.48).

e. (Deleted by amendment, P.L.2012, c.45)

f. "County colleges" means the colleges so defined in N.J.S.18A:64A-1.

g. "Division of Pensions" means the division established in the Department of the Treasury pursuant to section 1 of P.L.1955, c.70 (C.52:18A-95) and is the agency responsible for the administration of the alternate benefit program of the State and county colleges and for the administration of the group life and disability insurances of all alternate benefit programs established in the State for public employees.

h. "Full-time officers" and "full-time members of the faculty" shall include the president, vice president, secretary and treasurer of the respective school. "Full-time" shall also include eligible full-time officers and full-time members of the faculty who are granted sabbaticals or leaves of absence with pay where the compensation paid is 50% or more of the base salary at the time the leave commences and the period of eligibility terminates with the end of the school year following the year in which the sabbatical began. "Part-time" shall be defined as an appointment where the employee receives a salary or wages for a period of less than 50% of the normal work week. These definitions shall apply to teaching or administrative staff members or to employees serving in a dual capacity where the appointment includes teaching as well as administrative duties.

i. "Group Annuity Plan" refers to the Group Annuity Contract R-134 between the Board of Trustees of the New Jersey Institute of Technology and the Prudential Insurance Company of America.

j. "Member" or "participant" means a full-time officer or a full-time member of the faculty participating in the alternate benefit program, and after the effective date of P.L.2008, c.89, means an adjunct faculty member or a part-time instructor whose employment agreement begins after that effective date.

k. "New Jersey Institute of Technology" means the Newark College of Engineering.

l. "Pension reserve" means those moneys as defined in N.J.S.18A:66-2 or in section 6 of P.L.1954, c.84 (C.43:15A-6).

m. "Rutgers, The State University" means the institution of higher education described in chapter 65 of Title 18A of the New Jersey Statutes.

n. "State Colleges" means the colleges so described in chapter 64 of Title 18A of the New Jersey Statutes and any former State college designated as a public research university pursuant to P.L.2012, c.45 (C.18A:64M-1 et al.), P.L.2017, c.178 (C.18A:64N-1 et al.), and P.L.2021, c.282 (C.18A:64O-1 et al.).

o. "Mutual fund company" means an investment company or trust regulated by the federal "Investment Company Act of 1940," 15 U.S.C.s. 80a-1 et seq.

##### **§ 18A:66-170** Alternate benefit program. {#sec-18a-66-170 omnilex-key=us-nj-statutes--title-18a--18A:66-170}

4. All full-time officers and all full-time members of the faculty of Rutgers, The State University, the Newark College of Engineering, Rowan University, Montclair State University, Kean University, the State and county colleges and all regularly appointed teaching and administrative staff members in applicable positions, as determined by the Director of the Division of Pensions in the Department of the Treasury, shall be eligible and shall participate in the alternate benefit program, except those persons appointed in a part-time or temporary capacity, physicians and dentists holding employment in positions titled intern, resident or fellow on or after the effective date of this amendatory act, persons compensated on a fee basis, persons temporarily in the United States under an F or J visa and members of the Teachers' Pension and Annuity Fund, the Public Employees' Retirement System, the Police and Firemen's Retirement System or the Group Annuity Plan, who did not elect to transfer to the alternate benefit program in accordance with the provisions of chapter 64C or 65 of Title 18A of the New Jersey Statutes, P.L.1967, c.278 (C.18A:66-130 et seq.), or P.L.1967, c.281 (C.18A:66-142 et seq.), or P.L.1968, c.181 (C.18A:66-154 et seq.). An eligible person who has been enrolled in the alternate benefit program for at least one year pursuant to this section may continue to be enrolled in the program, notwithstanding promotion or transfer to a position within the institution not otherwise eligible for the program.

Any person participating in the alternate benefit program shall be ineligible for membership in the Teachers' Pension and Annuity Fund, the Public Employees' Retirement System, the Police and Firemen's Retirement System or the Group Annuity Plan and any person electing to participate in the alternate benefit program shall thereby waive all rights and benefits provided by the Teachers' Pension and Annuity Fund, the Public Employees' Retirement System, the Police and Firemen's Retirement System or the Group Annuity Plan as a member of said fund, system or plan, except as herein and otherwise provided by law or under terms of the Group Annuity Plan.

Any person required to participate in the alternate benefit program by reason of employment, who at the time of such employment is a member of the Teachers' Pension and Annuity Fund, shall be permitted to transfer his membership in said fund to the Public Employees' Retirement System, by waiving all rights and benefits which would otherwise be provided by the alternate benefit program. Any such new employee who is a member of the Public Employees' Retirement System will be permitted to continue his membership in that system, by waiving all rights and benefits which would otherwise be provided by the alternate benefit program. Such waivers shall be accomplished by filing forms satisfactory to the Division of Pensions within 30 days of the beginning date of employment.

Any person receiving a benefit by reason of his retirement from any retirement or pension system of the State of New Jersey or any political subdivision thereof shall be ineligible to participate in the alternate benefit program.

No person eligible for participation in the alternate benefit program shall be eligible for, or receive, benefits under chapters 4 and 8B of Title 43 of the Revised Statutes.

The alternate benefit programs established pursuant to this act are deemed to be pension funds or retirement systems for purposes of P.L.1968, c.23 (C.43:3C-1 et seq.).

##### **§ 18A:66-170.1** Commissioner of education; enrollment {#sec-18a-66-170.1 omnilex-key=us-nj-statutes--title-18a--18A:66-170.1}

Notwithstanding any other provision of the statutory law, the Commissioner of Education shall have the option to enroll in the Alternate Benefit Program if he exercises such option within 10 days from the date of his appointment.

##### **§ 18A:66-170.2** Employee subsequently deemed eligible for enrollment pursuant to L.1984, c. 200 to continue participation from date of original enrollment {#sec-18a-66-170.2 omnilex-key=us-nj-statutes--title-18a--18A:66-170.2}

Any employee enrolled in the alternate benefit program who is subsequently deemed to be eligible for enrollment by the Board of Higher Education pursuant to this act is permitted to continue his participation in the program from the date of his original enrollment.

##### **§ 18A:66-170.3** Continuation in alternate benefit program {#sec-18a-66-170.3 omnilex-key=us-nj-statutes--title-18a--18A:66-170.3}

Notwithstanding the provisions of any law to the contrary, any former employee of the Department of Higher Education or of the Commission on Science and Technology, created pursuant to Executive Order No. 12 of 1982, who was a participant in the alternate benefit program and who has continued in uninterrupted service with the New Jersey Commission on Science and Technology, created pursuant to P.L. 1985, c. 102 (C. 52:9X-1 et seq.), may continue to participate in the alternate benefit program on the same terms as if the employee was an eligible employee of the Department of Higher Education.

##### **§ 18A:66-170.4** Former employee of auxiliary organization may participate in alternate benefit program. {#sec-18a-66-170.4 omnilex-key=us-nj-statutes--title-18a--18A:66-170.4}

2. Notwithstanding the provisions of any law to the contrary, any employee of an auxiliary organization, as defined in section 2 of P.L.1982, c.16 (C.18A:64-27), at a State or county college who has service credited in a private defined contribution retirement plan and who, without a break in service, becomes an employee of the State or county college may participate in the alternate benefit program if the employee enrolls in the program within 10 days from the effective date of this act or within 10 days from commencement of employment, whichever date is later.

##### **§ 18A:66-171** Ineligibility for participation in alternate benefit program; enrollment in public employees' retirement system {#sec-18a-66-171 omnilex-key=us-nj-statutes--title-18a--18A:66-171}

Those faculty members, who are ineligible for participation in the alternate benefit program, and all other employees of all of the public institutions of higher education in the State, except physicians and dentists holding employment in positions titled intern, resident or fellow on or after the effective date of this amendatory act, shall be enrolled in the Public Employees' Retirement System if they are otherwise eligible. Such eligibility shall extend to all part-time faculty members whose services have been renewed for the succeeding school year.

##### **§ 18A:66-172** Allocation of contributions; mobility of pension credit {#sec-18a-66-172 omnilex-key=us-nj-statutes--title-18a--18A:66-172}

6. Participants in the alternate benefit program shall be allowed to allocate portions of their own contributions and the contributions of their employer, including amounts used by the employer to purchase an annuity pursuant to a salary reduction agreement under section 24 of P.L.1969, c.242 (C.18A:66-190), to accounts with two or more insurers or mutual fund companies designated pursuant to the provisions of section 3 of P.L.1993, c.385 (C.18A:66-172.1) as companies from which alternate benefit contracts may be purchased, and shall, subject to such rules and regulations as the Division of Pensions may adopt, be permitted to direct the withdrawal of such contributions from their account with one such company for deposit in an account with another such company. Since the establishment of the alternate benefit programs for the several public institutions of higher education in New Jersey is designed to provide mobility of pension credit from within the academic community in and outside the State, and since it is imperative that eligibility for participation in this program be of uniform application in the several schools, it shall be the responsibility of the Director of the Division of Pensions to establish regulations which shall provide for such uniformity.

##### **§ 18A:66-172.1** Pension Provider Selection Board {#sec-18a-66-172.1 omnilex-key=us-nj-statutes--title-18a--18A:66-172.1}

3. There is established in but not of the Division of Pensions in the Department of the Treasury the Pension Provider Selection Board, which shall consist of the Director of the Division of Pensions or a representative of that director; the Director of the Division of Investment or a representative of that director; the Commissioner of the Department of Insurance or a representative of that commissioner; the Director of the Division of Purchase and Property or a representative of that director; and a person appointed by the Director of the Division of Pensions who is an active participant or receiving a benefit from the alternate benefit program.

The Pension Provider Selection Board shall select through a competitive bidding process at least three unrelated insurance or mutual fund companies licensed or otherwise authorized to transact business in New Jersey from which alternate benefit contracts will be purchased. These new insurers or mutual fund companies shall be selected by competitive bidding in accordance with all applicable State laws and regulations not later than the 270th day following the effective date of P.L.1993, c.385 (C.18A:66-172.1 et al.). The selected carriers shall be authorized to receive contributions within 60 days of their selection. Each contract shall be awarded for a period not to exceed six years with a renewal option for a period not to exceed three years. All carriers shall be subject to a performance review by the Pension Provider Selection Board every seven years and must meet such standards as the Pension Provider Selection Board shall establish by regulation in order to be renewed for another term of seven years as carriers. Removal of a carrier for cause during a seven-year term is not waived. In establishing by regulation the criteria for the initial selection and any performance review of a carrier, the Pension Provider Selection Board shall consider, among other things, the following:

a. the portability of the contracts offered or to be offered by the company, based on the number of states in which the company provides contracts under similar plans;

b. the efficacy of the contracts in the recruitment and retention of employees for the various State public institutions of higher education;

c. the nature and extent of the rights and benefits to be provided by the contracts for participating employees and their beneficiaries;

d. the relation of the rights and benefits to the amount of contributions to be made pursuant to the provisions of this article;

e. the suitability of the rights and benefits to the needs and interests of participating employees and the various State public institutions of higher education;

f. the ability of the company to provide the rights and benefits under such contracts;

g. the financial soundness of the company, the extent of the company's financial commitment to the contracts, and whether the company meets the minimum financial criteria established by the Division of Pensions;

h. the company's overall quality of service, its investment performance considering return on investments and risk, the administrative fee to be charged to participating employees, and the offering of a balanced array of investment opportunities; and

i. the nature of the informational or promotional materials to be provided to prospective participants.

The Pension Provider Selection Board may not designate a company which serves as a disbursement system for other providers or which charges third party administrative fees.

A company that has been designated as of January 1, 1993 by the Division of Pensions as a designated provider shall continue to be so designated until its status as a designated provider is terminated for cause by the division or by the Pension Provider Selection Board.

##### **§ 18A:66-173** Transfer to alternate benefit program. {#sec-18a-66-173 omnilex-key=us-nj-statutes--title-18a--18A:66-173}

7. (a) When a member of the Teachers' Pension and Annuity Fund or the Public Employees' Retirement System or the Police and Firemen's Retirement System elects to transfer to an alternate benefit program by filing the proper application form declaring his election to participate in such alternate benefit program, the respective retirement system shall transfer the amount of his accumulated deductions as of the date of transfer to his individual account in the program.

(b) There shall also be transferred from the contingent reserve fund or the pension fund of the Teachers' Pension and Annuity Fund or the Public Employees' Retirement System or the Police and Firemen's Retirement System or from the Group Annuity Plan to the individual's account in the alternate benefit program, the pension reserve required as of the date of his transfer to provide a pension for each year of service credited to the account of the member as set forth in N.J.S.18A:66-36 or N.J.S.18A:66-44 or as set forth in section 38 or section 48 of P.L.1954, c.84 as such sections have been amended and supplemented as of July 1, 1969 (C.43:15A-38, C.43:15A-48) or as set forth in section 17 of P.L.1964, c.241 (C.43:16A-11.2) or section 5 of P.L.1944, c.255 (C.43:16A-5) or for each year of service credited under the Group Annuity Plan. Such transfer from the contingent reserve fund or the pension fund of the Teachers' Pension and Annuity Fund or the Public Employees' Retirement System or the Police and Firemen's Retirement System or the Group Annuity Plan shall be made at the time of the member's transfer to the alternate benefit program in the case of any such member who has then met the eligibility requirements for a pension under the aforementioned N.J.S.18A:66-36, or N.J.S.18A:66-44, or section 38 or section 48 of P.L.1954, c.84 (C.43:15A-38, C.43:15A-48) or section 17 of P.L.1964, c.241 (C.43:16A-11.2) or section 5 of P.L.1944, c.255 (C.43:16A-5) or the Group Annuity Plan. In the case of any member who elects to participate in the alternate benefit program who has not then met the eligibility requirements for a pension under N.J.S.18A:66-36 or N.J.S.18A:66-44, or under section 38 or section 48 of P.L.1954, c.84 (C.43:15A-38, C.43:15A-48) or section 17 of P.L.1964, c.241 (C.43:16A-11.2) or section 5 of P.L.1944, c.255 (C.43:16A-5) or under the Group Annuity Plan, the transfer from the contingent reserve fund or the pension fund of the and Annuity Fund or the Public Employees' Retirement System or the Police and Firemen's Retirement System or the Group Annuity Plan shall be effected at the time such requirements have been met, taking into account for the purpose of such eligibility requirement his years of membership service at the time of his election and his subsequent years of service as a full-time member of the faculty of Rutgers, The State University, the New Jersey Institute of Technology, Rowan University, Montclair State University, Kean University, or the State or county colleges or as an eligible employee of the Department of Higher Education, or at the time he shall have 10 years of credit for New Jersey service and becomes physically incapacitated for the performance of duty if he had been a member of the Teachers' Pension and Annuity Fund or the Public Employees' Retirement System or the Police and Firemen's Retirement System as of the date of transfer.

The annuity to be used in determining the amount of pension is the actuarial equivalent of the member's accumulated deductions transferred from the Teachers' Pension and Annuity Fund or the Public Employees' Retirement System or the Police and Firemen's Retirement System to the date the member attains 60 years of age, if subsequent to the date of election. The amount of pension is that established by formula within N.J.S.18A:66-44 or section 48 of P.L.1954, c.84 as such sections have been amended and supplemented as of July 1, 1969 (C.43:15A-48) or section 5 of P.L.1944, c.255 (C.43:16A-5) or under the Group Annuity Plan, and changes to N.J.S.18A:66-44 or section 48 of P.L.1954, c.84 (C.43:15A-48) or section 5 of P.L.1944, c.255 (C.43:16A-5) enacted subsequent to this act or the Group Annuity Plan shall have no application to the provisions of this act.

In the event that the eligibility requirement under N.J.S.18A:66-36 or under section 38 of P.L.1954, c.84 (C.43:15A-38) or section 17 of P.L.1964, c.241 (C.43:16A-11.2) or under the Group Annuity Plan is changed at some future date to permit members to become eligible for such benefit prior to the completion of 15 years of service, the transfer of the reserve from the contingent reserve fund or the pension fund of the Teachers' Pension and Annuity Fund or the Public Employees' Retirement System or the Police and Firemen's Retirement System or from the Group Annuity Plan shall be effective as of the date the member who had elected the alternate benefit program meets the amended eligibility requirement or the effective date of the amendment, whichever is later.

In the event an option is available with respect to the distribution of employee and employer contributions between fixed and variable annuities under the alternate benefit program, the employee shall have the right to determine the percentage distribution of these funds, subject to any limitations imposed by the designated insurer or insurers.

(c) No transfer of pension reserves shall be made pursuant to this section where more than 10 consecutive years elapse in which no employer contributions to an alternate benefit program are required.

##### **§ 18A:66-173.1** Present or former members of police and firemen's retirement system; transfer of contributions {#sec-18a-66-173.1 omnilex-key=us-nj-statutes--title-18a--18A:66-173.1}

Any person who is or has been a member of the Police and Firemen's Retirement System and who has taken, or shall take, office, position or employment in any position covered by the alternate benefit programs established pursuant to P.L.1969, c. 242 (C. 18A:66-167 et seq.), but who, prior to the enactment of this amendatory and supplementary act, was ineligible to transfer his contributions from the Police and Firemen's Retirement System, shall be entitled, upon application, to transfer his contributions from the Police and Firemen's Retirement System to the alternate benefit programs as provided in section 7 of P.L.1969, c. 242. If the person's membership in the Police and Firemen's Retirement System has expired on or before the effective date of this act, but he has not withdrawn his contributions from the system, he shall be entitled, upon application, to transfer his contributions from the Police and Firemen's Retirement System to the alternate benefit programs as provided in section 7 of P.L.1969, c. 242.

##### **§ 18A:66-174** Reduction of payments from compensation of participants; employer contributions. {#sec-18a-66-174 omnilex-key=us-nj-statutes--title-18a--18A:66-174}

8. (a) Rutgers, The State University and the New Jersey Institute of Technology shall reduce the compensation of each participant in the alternate benefit program and pay over to the insurers or mutual fund companies for the benefit of the participant an employee contribution for the retirement annuity contract or contracts equal to 5% of the participant's base salary. The intervals for deductions or reductions and payments shall be determined by the respective school governing bodies.

The Division of Pensions and Benefits shall provide for reductions from the compensation of each participant in the alternate benefit program employed by the State and county colleges of an employee contribution equal to 5% of the participant's base salary and pay this amount to the insurers or mutual fund companies for the individual's retirement annuity contract or contracts. The intervals for deductions or reductions and payments shall be determined by the Division of Pensions and Benefits.

The Division of Pensions and Benefits may require that all participant contributions be made in accordance with section 414(h) of the federal Internal Revenue Code (26 U.S.C. s.414(h)).

(b) Based on a certification to the Division of Pensions and Benefits by Rutgers, The State University, the New Jersey Institute of Technology, Rowan University, Montclair State University, and Kean University of the number and base salary of participants, the division shall authorize the State to make payment of the employer contributions to the alternate benefit program at a rate equal to 8% of the employee's base salary, except the amount of the contribution shall not exceed 8% of the maximum salary for department officers established pursuant to section 1 of P.L.1974, c.55 (C.52:14-15.107), which moneys shall be paid to the designated insurers or mutual fund companies for the benefit of each participant.

Based on a certification by the Division of Pensions and Benefits of the number and base salary of participants employed by the State and county colleges, the State shall make payment of the employer contributions to the alternate benefit program at a rate equal to 8% of the employee's base salary, except the amount of the contribution shall not exceed 8% of the maximum salary for department officers established pursuant to section 1 of P.L.1974, c.55 (C.52:14-15.107), which moneys shall be paid to the designated insurers or mutual fund companies for the benefit of each participant.

(c) For the member of the Public Employees' Retirement System employed by the county colleges, who is defined in the regulations of the Division of Pensions and Benefits as a full-time faculty member and who is permitted to transfer his membership and does so, the State shall pay the employer contribution to the alternate benefit program at a rate equal to 8% of the member's base salary, except the amount of the contribution shall not exceed 8% of the maximum salary for department officers established pursuant to section 1 of P.L.1974, c.55 (C.52:14-15.107). If the member continues membership in the Public Employees' Retirement System, the State shall pay the employer contribution to the retirement system on his behalf and such employer contribution shall be at a rate equal to the normal contribution made by the State on behalf of nonveteran members of the Public Employees' Retirement System.

(d) For any nonacademic employee of a county college, as defined in section 4 of P.L.1969, c.242 (C.18A:66-170), who is eligible for the program according to the regulations of the Director of the Division of Pensions and Benefits, the county college shall pay the employer contribution to the retirement system on the employee's behalf in the same manner as the State, pursuant to this section.

##### **§ 18A:66-175** Termination of membership or participation. {#sec-18a-66-175 omnilex-key=us-nj-statutes--title-18a--18A:66-175}

9. Membership or participation in the alternate benefit program shall terminate and the individual shall be considered retired once he has elected to receive a distribution of the value of his accounts in a direct payout, a rollover, an annuity, or a combination thereof. Any such distribution shall occur only upon separation from service, unless the individual is a participant in a transition to retirement program that meets the requirements for such programs established by the Division of Pensions and Benefits.

##### **§ 18A:66-175.1** Distribution under alternative benefit program. {#sec-18a-66-175.1 omnilex-key=us-nj-statutes--title-18a--18A:66-175.1}

10. Notwithstanding the provisions of section 9 of P.L.1969, c.242 (C.18A:66-175) or any other law or regulation to the contrary, a member or participant in the alternate benefit program who elects to receive a distribution under a federal stimulus program in response to the coronavirus disease 2019 (COVID-19) pandemic, including, but not limited to, a "coronavirus-related distribution" under the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136 (2020), shall not have his or her membership or participation terminated and shall not be considered retired.

##### **§ 18A:66-176** Group life insurance and disability benefits; noncontributory; coverage. {#sec-18a-66-176 omnilex-key=us-nj-statutes--title-18a--18A:66-176}

10. As of July 1, 1969 the group contract providing life insurance and disability benefits for all participants in the alternate benefit program of each public institution of higher education in the State shall be on a non-contributory basis and shall be in lieu of any non-contributory and contributory benefits provided pursuant to sections 18A:64C-11.1 to 18A:64C-11.9 (inclusive) and article 16 of chapter 65 of Title 18A of the New Jersey Statutes, chapters 278 and 281 of the laws of 1967, and chapter 181 of the laws of 1968. In accordance with the provisions of this act such group contract or contracts providing life insurance shall be in an amount equal to 3 1/2 times the base annual salary of the participant in the alternate benefit program; provided, however, that if death shall occur after retirement, the amount payable shall equal 1/2 of the participant's base annual salary.

For purposes of this section a participant shall be deemed to be in service and covered by the group life insurance for a period of no more than 93 days while on official leave of absence without pay when such leave is due to any reason other than illness, except for a leave up to one year to fulfill a residency requirement for an advanced degree, for a period of no more than one year in the event of an official leave due to maternity and for a period of no more than two years if satisfactory evidence is presented to the Division of Pensions and Benefits that such official leave of absence without pay is due to illness. A participant shall be deemed to be on an official leave of absence only if the leave is formally approved by his employer prior to the time the leave commenced and timely notice is filed by the employer with the Division of Pensions and Benefits; the lack of such timely notice shall place the responsibility for the payment of any benefits pursuant to this section directly upon the employer if the participant was otherwise eligible for such benefits.

In the event of the death of a participant in active service in the first year of participation as a result of an accident met in the actual performance of duty at some definite time and place, the death benefit payable pursuant to this section shall be computed at the annual rate of base salary.

No beneficiary of a retired member shall be entitled to receive the death benefits payable in the event of death after retirement pursuant to this section unless such member (a) had at least 10 years of credited New Jersey participation in an alternate benefit program established pursuant to this act and (b) had attained 60 years of age and was an actively employed participant in such a program in the year immediately preceding his initial receipt of a retirement annuity.

##### **§ 18A:66-177** Purchase of group life insurance and disability benefit coverage; alternate benefit group insurance premium fund {#sec-18a-66-177 omnilex-key=us-nj-statutes--title-18a--18A:66-177}

As of July 1, 1969 the State Treasurer is hereby authorized and permitted to purchase from one or more insurance companies, as determined by him, group life insurance and disability benefit coverage to provide for the death benefits and disability benefits in the amounts specified in this act. Such group life insurance and disability benefit coverage may be provided under one or more policies issued to the State Treasurer specifically for this purpose or, in the discretion of the State Treasurer, under one or more policies issued to the State Treasurer which provide group life insurance coverage for members of one or more retirement systems of the State of New Jersey. Any dividend or retrospective rate credit allowed by an insurance company attributable to the alternate benefit program shall be credited in an equitable manner to the funds available to meet the employers' obligations under the alternate benefit program.

Premiums for such group insurance coverage shall be paid from a special fund, hereby created, called the "Alternate Benefit Group Insurance Premium Fund." The State Treasurer shall estimate annually the amount which will be required for premiums for such benefits for the ensuing fiscal year and shall certify such amounts which shall be applied against the total employer contributions due for the participants from the several institutions where the alternate benefit programs are established, depositing such amounts in the Alternate Benefit Group Insurance Premium Fund.

During the period such group insurance policy or policies are in effect with respect to participants in the alternate benefit programs the State Treasurer shall in no way commingle moneys in this fund with any pension funds established under the alternate benefit programs.

All reserves and moneys held by the insurance carriers under the group life insurance and disability benefit policies providing for employer and employee contributions pursuant to the provisions of chapters 64C and 65 of Title 18A of the New Jersey Statutes, chapters 278 and 281 of the laws of 1967 and chapter 181 of the laws of 1968, and any amendments and supplements thereto, as well as any accrued liabilities under such policies which may be terminated, shall be transferred and merged with those group policies purchased by the State Treasurer.

##### **§ 18A:66-178** Life insurance companies eligible to sell life and accidental death insurance {#sec-18a-66-178 omnilex-key=us-nj-statutes--title-18a--18A:66-178}

Any life insurance company must meet the following requirements in order to qualify under section 11 of this act:

a. Be licensed under the laws of the State of New Jersey to transact life and accidental death insurance, and the amount of its group life insurance in the State of New Jersey shall at the time said insurance is to be purchased equal at least 1% of the total amount of such group life insurance in the State of New Jersey in all life insurance companies; or

b. Come within the exceptions provided in chapter 234 of the laws of 1968 (C. 17:32-16 et seq.).

##### **§ 18A:66-179** Conversion privilege upon termination of employment or death {#sec-18a-66-179 omnilex-key=us-nj-statutes--title-18a--18A:66-179}

Any such group policy or policies shall include, with respect to any insurance terminating or reducing because the participant has ceased to be in service or has retired, the conversion privilege available upon termination of employment as prescribed by the law relating to group life insurance; and shall also include, with respect to life insurance terminating because of termination of the group policy, the conversion privilege available upon termination of the group policy as prescribed by such law. Any such group policy or policies shall also provide that if the participant dies within the 31-day period during which he would be entitled to exercise the conversion privilege, the amount of life insurance with respect to which he could have exercised the conversion privilege shall be paid as a claim under the group policy. When benefits payable upon the death of a participant following retirement are determined as though the participant had not retired, the death benefits payable under the group policy or policies, together with the amount of life insurance paid under any individual policy obtained under the conversion privilege, shall in no event exceed the amount of insurance for which the participant was insured under the group policy or policies immediately prior to the date the right of conversion arose. If any participant has exercised the conversion privilege under the group policy or policies while on leave of absence or upon termination of employment, when he again becomes a participant of an alternate benefit program and the individual policy obtained pursuant to the conversion privilege is still in force, he shall not again be eligible for any of the group life insurance provided under such policy or policies unless he furnishes satisfactory evidence of insurability.

##### **§ 18A:66-180** Designation of payee for death benefits {#sec-18a-66-180 omnilex-key=us-nj-statutes--title-18a--18A:66-180}

Death benefits under such group policy or policies shall be paid by the insurance company to such person, if living, as the participant shall have nominated by written designation duly executed and filed with the insurance company through the policyholder, otherwise to the executors or administrators of the participant's estate. A participant may file with the insurance company through the policyholder and alter from time to time during his lifetime as desired, a duly attested written nomination of his payee for the death benefit.

##### **§ 18A:66-181** Payment of death benefits {#sec-18a-66-181 omnilex-key=us-nj-statutes--title-18a--18A:66-181}

Any such group policy or policies shall provide that payment of any death benefits which are payable by the insurance company may be made in one sum directly to the beneficiary as hereinafter provided, in equal installments over a period of years or as a life annuity or in such other manner as may be made available by the insurance company. A participant may make such arrangements for settlement, and may alter from time to time during his lifetime any arrangement previously made, by making written request to the insurance company through the policyholder. Upon the death of a participant, a beneficiary to whom a benefit is payable in one sum by the insurance company may likewise arrange for a settlement as described above.

##### **§ 18A:66-182** Evidence of insurability {#sec-18a-66-182 omnilex-key=us-nj-statutes--title-18a--18A:66-182}

a. Any person entitled to become a participant in an alternate benefit program shall not be allowed any of the group life and disability insurance benefits if on the date he files an application for participation he is 60 or more years of age or if he makes application for participation in an alternate benefit program beyond the year after he first became eligible for participation, regardless of age, unless the participant furnishes satisfactory evidence of insurability and on the effective date of his participation is actively at work and performing all his regular duties at his customary place of employment.

The effective date of coverage for such benefits shall be the first day of the month which immediately follows the date when such evidence is determined to be satisfactory.

b. Such evidence of insurability will not be required of any person becoming a participant of an alternate benefit program upon transfer from the Teachers' Pension and Annuity Fund, the Public Employees' Retirement System, other State-administered retirement system or the Group Annuity Plan, if such system provided benefits of a similar nature and the transferring employee was covered by such benefits at the time of the transfer. If such transferring employee was not covered by such benefits at the time of the transfer, he may be allowed the benefits under the group policy or policies subject to the provisions of subsection a. of this section; provided, however, that any such participant must furnish satisfactory evidence of insurability under the provisions of subsection a. of this section, if he had been unable or failed to give such evidence as a member of the system from which he transferred.

c. Any person who must furnish satisfactory evidence of insurability under the provisions of this section and who ceases to be a participant of an alternate benefit program without such evidence having been given, shall continue to be subject to the same requirement if he subsequently becomes a participant.

##### **§ 18A:66-183** Designation of beneficiary; form; payment. {#sec-18a-66-183 omnilex-key=us-nj-statutes--title-18a--18A:66-183}

17. The designation of beneficiary by a participant or retirant shall be made in writing on a form satisfactory to the Division of Pensions and Benefits and filed with the division. The participant or retirant may, from time to time and without the consent of his designee, change the beneficiary by filing a written notice of the change on a satisfactory form. The new nomination will be effective on the date the notice, in proper form, is received and any prior nomination shall thereupon become void.

If more than one beneficiary is nominated and in such nomination the participant or retirant has failed to specify their respective interests, the beneficiaries shall share equally. If any beneficiary predeceases the participant or retirant, the interest of such beneficiary shall terminate and shall be shared equally by such of the beneficiaries as survive the participant or retirant, unless the participant or retirant has made written request to the contrary in his beneficiary nomination.

Any amounts due for which there is no beneficiary at the death of a participant, retirant or beneficiary shall be payable to the estate of such participant, retirant or beneficiary.

Except with regard to the payment of the group life insurance death benefit upon the death of a retirant, a participant may elect, by making written request, that the whole or any part of his group life death benefits be made payable to his beneficiary either as a life annuity or in equal installments over a period of years specified in such election, and may alter such election from time to time during his lifetime by again making such written request. In the event of a change of beneficiary, any previous arrangement by the participant or retirant under this paragraph shall be void. The election set forth in this paragraph shall not apply or be available when the beneficiary is an estate, or a corporation, partnership, association, institution, trustee, or any fiduciary.

If, at the participant's death, an amount of group life death benefit would be payable to the beneficiary in a single sum, any election with regard to such amount which was available to the participant immediately prior to his death in accordance with the preceding paragraph shall then be available to such beneficiary for the benefit of such beneficiary.

With respect to any death benefits payable on the basis of the individual retirement annuity contract or contracts, all settlement options will be made available to the participant, retirant or beneficiary as are allowed by the insurer or insurers.

The provisions of this section shall be construed separately with respect to each of the death benefits for which a beneficiary is designated by the participant or retirant.

##### **§ 18A:66-184** Disability benefits; payment; total disability; exceptions. {#sec-18a-66-184 omnilex-key=us-nj-statutes--title-18a--18A:66-184}

18. The disability benefits provided under a group policy or policies for all eligible participants in the alternate benefit programs shall provide a monthly income if the participant becomes totally disabled from occupational or nonoccupational causes for a period of at least six consecutive months following the effective date of the coverage. The monthly disability benefit may be paid by the insurance company so long as the participant remains disabled up to the participant's 70th birthday, provided the disability commenced prior to the participant's 60th birthday. The benefit will terminate when the participant is no longer considered totally disabled or begins to receive retirement benefits.

The participant will be considered totally disabled if unable to perform each duty of the participant's occupation and is under the regular care of a physician. After the 12 months following the commencement of the disability benefit payments, the participant must be unable to engage in any gainful occupation for which the participant is reasonably fitted by education, training, or experience. Total disability is not considered to exist if the participant is gainfully employed. However, following an agreement with the insurance company and the policyholder, the participant can continue to receive disability benefits for a limited time while performing some type of work. During the period of rehabilitation the monthly benefit will be the regular payment less 80% of the participant's earnings from the rehabilitative position.

For purposes of this section, a participant shall be deemed to be in service and covered by the disability benefit insurance provisions for a period of no more than six months while on official leave of absence without pay if satisfactory evidence is presented to the Division of Pensions and Benefits that the leave of absence without pay is due to illness and that the member was not actively engaged in any gainful occupation during the period of leave of absence without pay.

Disability benefit insurance provisions of the group policy or policies shall not cover disability resulting from or contributed to by pregnancy, act of war, intentionally self-inflicted injury, or attempted suicide regardless of mental capacity. For purposes of disability insurance the participant will not be considered to be disabled while imprisoned or outside the United States, its territories or possessions, or Canada.

If the participant has recovered from the disability for which the participant had received benefits and again becomes totally disabled while insured, the later disability will be regarded as a continuation of the prior one unless the participant has returned to full-time covered employment for at least six months. However, if the later absence is due to an unrelated cause and the participant had returned to full-time work, it will be considered a new disability. The disability benefit insurance cannot be converted to an individual policy.

No person shall be covered by the disability benefit provision of the group policy or policies except upon the completion of one year of full-time continuous employment in a position eligible for participation in the alternate benefit program.

##### **§ 18A:66-185** Amount of disability benefits {#sec-18a-66-185 omnilex-key=us-nj-statutes--title-18a--18A:66-185}

The disability benefits provided under such group policy or policies shall be in an amount equal to 60% of the participant's base monthly salary, reduced by periodic benefits to which the participant may be entitled during the period of total disability. The minimum monthly disability benefit will be $50.00.

The periodic benefits by which the monthly disability benefits may be reduced shall include salary or wages, retirement benefits or benefits from any source for which the State or other public employer has paid any part of the cost or made payroll deductions, Social Security disability or other benefits, including dependents' benefits, and benefits paid by Social Security at the option of the participant before the age of 65, but not including any increase in Social Security benefits enacted after the disability benefits under such group policy or policies have commenced, and any other periodic benefits provided by law except on account of military service.

When a participant begins to receive disability benefits under such group policy or policies the insurance company will pay an amount equal to the employee contribution which would have been required of the participant and deducted from his base salary in order to meet his obligation for the purchase of his individual retirement annuity. Such amount shall be paid by the insurance company without reduction by any other periodic benefits which the participant is eligible to receive. Such amount will be paid by the insurance company to the insurer or insurers for the participant's retirement annuity contract or contracts.

##### **§ 18A:66-186** Credit by insurer; savings on commissions {#sec-18a-66-186 omnilex-key=us-nj-statutes--title-18a--18A:66-186}

Notwithstanding any other provision of law, any insurance company or companies, issuing such policy or policies may credit the policyholder either directly or in the form of reduced premiums, with savings by said company or companies in the event that no brokerage commission or commissions are paid by said company or companies on the issuance of such policy or policies.

##### **§ 18A:66-187** Certain employer obligations prohibited {#sec-18a-66-187 omnilex-key=us-nj-statutes--title-18a--18A:66-187}

21. While any participant in the alternate benefit program may make personal contributions at any time directly to the insurers or mutual fund companies of the individual retirement annuities, no employer obligations will be paid when the participant is on a leave of absence without pay or when the participant no longer meets the definition of a full-time officer or full-time member of the faculty.

##### **§ 18A:66-188** Cash surrender option; policy loans; conditions for annuity repurchase; affect on past and future contributions {#sec-18a-66-188 omnilex-key=us-nj-statutes--title-18a--18A:66-188}

22. The alternate benefit programs shall provide an option for cash surrender upon separation from service. The cash surrender shall be applicable only to employee contributions and accumulations prior to the participant's 55th birthday, and thereafter to the full amount of all employee and employer contributions and accumulations. Additionally, a participant may borrow from his employee account accumulations up to the amounts allowed under federal law while still employed. Employee and employer account accumulations shall be used to qualify for the amount of a policy loan. In the event a participant in the alternate benefit program terminates his employment for reasons other than retirement or disability and requests repurchase of his annuity or annuities, such repurchase shall be allowed provided it meets the conditions under which the insurer or mutual fund company will repurchase annuities automatically, and provided that the portion of the repurchase value attributable to employer contributions made pursuant to this act shall be refunded to the employer.

The amendments to this section made by P.L.1993, c.385 (C.18A:66-172.1 et al.) shall apply to all contributions made to a plan under the alternate benefit program on or after the 90th day following the effective date of that P.L.1993, c.385. Any plan contributions invested in the College Retirement Equities Fund prior to that date shall be fully subject to distribution as cash if those contributions shall not have been annuitized prior to that 90th day. Any plan contributions invested in the Teachers Insurance and Annuity Association prior to that 90th day shall become subject to distribution as cash to the maximum extent permitted by the contract if those contributions shall not have been annuitized prior to that 90th day.

##### **§ 18A:66-189** Vesting of contributions; qualification under federal tax law {#sec-18a-66-189 omnilex-key=us-nj-statutes--title-18a--18A:66-189}

23. The Division of Pensions and Benefits may, in its sole discretion, qualify the alternate benefit program under section 401(a) or 403(a) of the federal Internal Revenue Code (26 U.S.C. s.401(a), s.403(a)). In such a case, all contributions to the retirement annuity contracts shall be made as soon as the employee is eligible and has filed application forms required by the annuity carrier. No employer contributions under these contracts shall be vested in the employee until after the employee commences the second year of employment unless the employee, at the time of initial employment, either (a) owns a retirement annuity contract or contracts determined by the Division of Pensions and Benefits to be substantially similar to the contracts to be purchased under the alternate benefit program and issued by the designated insurers or mutual fund companies, or (b) is a member of another State-administered retirement system.

To the extent that any contributions required by this section would exceed the limits established pursuant to section 415 of the Internal Revenue Code, the contributions shall not be made to a plan which has been qualified under sections 401(a) or 403(a) of the Internal Revenue Code. Instead, the excess contributions shall be made to a section 403(b) plan established by the State to the extent that those contributions would be permitted to the plan in compliance with any provisions of the Internal Revenue Code and, in the event that there are remaining contributions, they shall be made to a nonqualified annuity plan established and maintained for this purpose. The participant shall be liable for any federal income taxes on contributions made to this plan.

##### **§ 18A:66-190** Authority to enter into agreements for annuity purchases; method of payment; limitations. {#sec-18a-66-190 omnilex-key=us-nj-statutes--title-18a--18A:66-190}

24. The Board of Governors of Rutgers, The State University, the Board of Trustees of the New Jersey Institute of Technology, the Board of Trustees of Rowan University, the Board of Trustees of Montclair State University, the Board of Trustees of Kean University, and the boards of trustees of State and county colleges, are hereby authorized to enter into an agreement with each employee participating in the alternate benefit program whereby the employee agrees to take a reduction in salary with respect to amounts earned after the effective date of such agreement in return for the agreement of the respective institution to use a corresponding amount to purchase an annuity for such employee so as to obtain the benefits afforded under section 403(b) of the federal Internal Revenue Code, as amended. Any such agreement shall specify the amount of such reduction, the effective date thereof, and shall be legally binding and irrevocable with respect to amounts earned while the agreement is in effect; provided, however, that such agreement may be terminated after it has been in effect for a period of not less than one year upon notice in writing by either party, and provided further that not more than one such agreement shall be entered into during any taxable year of the employee. For the purposes of this section, any annuity or other contract which meets the requirements of section 403(b) of the federal Internal Revenue Code, as amended, may be utilized. The amount of the reduction in salary under any agreement entered into between the institutions and any employee pursuant to this section shall not exceed the limitations set forth in P.L.93-406 (Employment Retirement Income Security Act of 1974) and Section 415(c) of the Internal Revenue Code of 1954 as amended for such year.

Amounts payable pursuant to this section by an institution on behalf of an employee for a pay period shall be transmitted and credited not later than the fifth business day after the date on which the employee is paid for that pay period.

##### **§ 18A:66-191** Prohibited payments; authorized payments. {#sec-18a-66-191 omnilex-key=us-nj-statutes--title-18a--18A:66-191}

25. No retirement, death or other benefit shall be payable by the State, Rutgers, The State University, the New Jersey Institute of Technology, Rowan University, Montclair State University, Kean University, or the Division of Pensions under the alternate benefit program. Benefits shall be payable to participating employees and their beneficiaries only by the designated insurers or mutual fund companies under the terms of the contracts.

##### **§ 18A:66-192** Rules and regulations; operation of programs {#sec-18a-66-192 omnilex-key=us-nj-statutes--title-18a--18A:66-192}

The Division of Pensions shall provide for all things necessary to prepare and operate said alternate benefit programs. The division shall adopt rules and regulations from time to time as it may deem necessary for the operation of the programs.

## **Chapter 67** {#struct-chapter-67}

##### **§ 18A:67-1** Title or name of educational institutions; exceptions {#sec-18a-67-1 omnilex-key=us-nj-statutes--title-18a--18A:67-1}

No educational institution conducted in this state shall adopt as a name for the institution any title containing the words "New Jersey," "state of New Jersey," "state," or any other expression indicating a relationship between it and the state except schools maintained by the state and the state university of New Jersey.

##### **§ 18A:67-2** Approval of collegiate name {#sec-18a-67-2 omnilex-key=us-nj-statutes--title-18a--18A:67-2}

No institution which proposes to offer courses of study above high school grade, which courses satisfy in whole or in part the requirements for a college or university degree, shall adopt or use any title or name commonly accepted as descriptive of collegiate or university institutions without the approval of the Commission on Higher Education made under rules relating to names and titles of institutions adopted by the commission.

## **Chapter 68** {#struct-chapter-68}

##### **§ 18A:68-1** Right of colleges to give diplomas and confer degrees {#sec-18a-68-1 omnilex-key=us-nj-statutes--title-18a--18A:68-1}

Subject to the provisions of this chapter, any college in this state founded or hereafter to be founded under and by virtue of the provisions of a general act of the legislature, may, from time to time, give diplomas and confer degrees upon those who shall successfully complete prescribed courses of study, and confer honorary degrees upon such others as shall be recommended therefor by its board of trustees. Nothing in this section shall be construed to authorize a college to confer any degree or diploma authorizing the practice of medicine, dentistry, or law.

##### **§ 18A:68-1.1** Voter registration at private colleges, universities. {#sec-18a-68-1.1 omnilex-key=us-nj-statutes--title-18a--18A:68-1.1}

3. The registrar or other principal officer responsible for the registration of students at each eligible institution, as defined by subsection a. of section 3 of P.L.1979, c.132 (C.18A:72B-17), that receives financial assistance, aid or grants from State funds shall:

a. cause copies of the voter registration forms and instructions furnished under subsection f. of section 16 of P.L.1974, c.30 (C.19:31-6.4) to be displayed at the office of registration for that institution and to be made available to each eligible enrolled student at and each eligible prospective student of the institution who, when appearing in person at that office, may wish on a voluntary basis to register to vote;

b. provide for the continuous supply of the forms and instructions specified in subsection a. of this section to that office of registration; and

c. provide the forms and instructions specified in subsection a. of this section in both the English and Spanish languages to each office of registration that is located in any county in which bilingual sample ballots must be provided pursuant to R.S.19:14-21, R.S.19:49-4 or section 2 of P.L.1965, c.29 (C.19:23-22.4).

As used in this section:

"eligible enrolled student" means an individual who is already enrolled in the eligible institution who, by the time of the next election, shall be at least 18 years old, a citizen of the United States, a resident of the State of New Jersey, and a resident of the county in which the individual resides for at least 30 days before the election; and

"eligible prospective student" means an individual who is applying for initial enrollment in the eligible institution who, by the time of the next election, shall be at least 18 years old, a citizen of the United States, a resident of the State of New Jersey, and a resident of the county in which the individual resides for at least 30 days before the election.

##### **§ 18A:68-2** Right of seminaries or schools of theology to confer degrees {#sec-18a-68-2 omnilex-key=us-nj-statutes--title-18a--18A:68-2}

Subject to the provisions of this chapter, any seminary or school of theology in this state, whether incorporated by special charter or under general laws, may, upon the precedent recommendation, or with the concurrent approval, of the faculty of instruction and after satisfactory examination held on completion of the studies required for the degree, grant to and confer upon a graduate of the institution, or a person who has done approved work therein:

a. The degree of bachelor of divinity or theology.

b. The degree of bachelor, master or doctor of sacred theology as may be appropriate in each case.

c. In the case of a seminary or school of theology which has a full collegiate course preparatory to the theological course, the degree of bachelor of arts. Such an institution may also confer honorary degrees upon persons recommended therefor by the board of trustees or directors thereof. Nothing contained herein shall be construed to authorize such an institution to confer a degree or diploma authorizing the practice of medicine, dentistry or law.

Degrees may be conferred under this section with all honors, rights and privileges usually incident to them when granted in and by universities or the schools of theology in the United States.

##### **§ 18A:68-3** Filing of copy of certificate of incorporation; fee schedules. {#sec-18a-68-3 omnilex-key=us-nj-statutes--title-18a--18A:68-3}

a. No corporation shall furnish instruction or learning in the arts, sciences, or professions for the purposes of admitting any person to the grade of a degree, or shall confer or participate in conferring a degree, giving to any person a diploma of graduation or of proficiency in a course of study, in learning, or in scientific arts or methods, within this State, until it shall have filed a certified copy of its certificate of incorporation with the Secretary of Higher Education and obtained from the secretary a license to carry on the business under such rules as the secretary may prescribe.

b. The secretary shall prepare a fee schedule to cover the reasonable administrative costs associated with licensing procedures and submit the initial fee schedule to the Legislature for review. The secretary shall subsequently adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the fee schedule. Fees collected shall be deposited in the State Treasury.

c. The cost for consultants utilized by the Secretary of Higher Education and other out-of-pocket expenses incurred by the secretary for licensure and related reviews shall be paid by the institution seeking a license or license renewal.

##### **§ 18A:68-4** Revocation of license {#sec-18a-68-4 omnilex-key=us-nj-statutes--title-18a--18A:68-4}

Any license issued under this article may be revoked by the Commission on Higher Education.

##### **§ 18A:68-5** Restraint of corporations operating without license {#sec-18a-68-5 omnilex-key=us-nj-statutes--title-18a--18A:68-5}

When it shall appear that any corporation is carrying on the business of such instruction or teaching, or conferring any such degree, or giving any such diploma without such license, the Commission on Higher Education, represented by the Attorney General, may institute a civil action in the Superior Court to restrain the corporation from the transaction of any such business or the exercise of any such franchise within this State until it shall have obtained such license or the approval of the commission. The court may proceed in the action in a summary manner or otherwise. The costs in any such action, to be fixed by the court, shall be paid by the corporation before the dissolution of any injunctive order or judgment.

##### **§ 18A:68-6** Submission and approval as prerequisite to conferring of degrees {#sec-18a-68-6 omnilex-key=us-nj-statutes--title-18a--18A:68-6}

No school, corporation, association or institution of learning conducted within this State and licensed by the Commission on Higher Education, nor any officer or member thereof, in recognition of the attainment or proficiency of any person in pursuing or graduating from any course or courses of study, arts, or learning conducted by it or another such school corporation, association or institution, shall admit any such person to the grade of a degree by conferring, or participating in conferring, any degree upon any person unless that degree program is consistent with the programmatic mission of the institution or is approved by the commission.

Nothing contained in this section shall apply to any school, corporation, association or institution of learning, or officer or member thereof, which was established and conducted within this State on April 1, 1887, and was then in the course of admitting persons to the grade of a degree by conferring the same upon them in recognition of their attainments or proficiencies, nor to any school conducted under the public school system.

##### **§ 18A:68-7** Withdrawal of approval; record of approvals and revocations {#sec-18a-68-7 omnilex-key=us-nj-statutes--title-18a--18A:68-7}

The approval given by the Commission on Higher Education of the basis or conditions for the admission to the grade of a degree may be revoked for proper cause by the commission after hearing upon 20 days' notice of the time and place of such hearing given to any such school, corporation, association or institution of learning by service upon any officer or member thereof, and proof made at such hearing to the satisfaction of the commission, that the standards presented for admission to such grade of a degree or for the conferring of such degree are not being satisfactorily complied with by such school, corporation, association or institution of learning, or by the officers or members thereof. The commission shall keep a record of such approvals and revocations in a book to be provided and used solely for that purpose, which book shall be kept at its office in Trenton and may be inspected by any person upon request.

##### **§ 18A:68-8** Conferring degree during revocation {#sec-18a-68-8 omnilex-key=us-nj-statutes--title-18a--18A:68-8}

The admitting of any person to any such grade of a degree by conferring the same upon him during the continuation of the revocation of such approval shall render any such school, corporation, association or institution of learning, or any officer or member thereof, participating therein, liable to the penalty prescribed by this chapter as though no approval had been granted in the first instance.

##### **§ 18A:68-9** Penalties; recovery {#sec-18a-68-9 omnilex-key=us-nj-statutes--title-18a--18A:68-9}

An officer or member of a school, corporation, association or institution of learning who by vote or in any other manner or capacity, or a school, corporation, association or institution of learning which shall admit or participate in admitting a scholar, student, or subscriber to any grade of a degree by conferring or participating in conferring any degree upon him, contrary to the provisions of this chapter, or who shall sign any certificate or diploma as evidence of the conferring of such degree shall be liable to a penalty of not more than $300.00 for each offense, to be enforced and collected by and in the name of the Commission on Higher Education in a summary proceeding in accordance with chapter 58 of Title 2A of the New Jersey Statutes, the penalty enforcement law. Process shall be either in the nature of a summons or warrant.

##### **§ 18A:68-10** Failure to pay penalty {#sec-18a-68-10 omnilex-key=us-nj-statutes--title-18a--18A:68-10}

Upon the failure of the defendant to pay forthwith the amount of any money judgment rendered against him the defendant shall be committed to the county jail for a period not exceeding 90 days.

##### **§ 18A:68-11** Disposition of moneys recovered {#sec-18a-68-11 omnilex-key=us-nj-statutes--title-18a--18A:68-11}

All moneys recovered under the provisions of this article shall be payable to the State Treasurer.

##### **§ 18A:68-11.1** Short title {#sec-18a-68-11.1 omnilex-key=us-nj-statutes--title-18a--18A:68-11.1}

This act shall be known and may be cited as the "Institution of Higher Education Educational Loan Act."

##### **§ 18A:68-11.2** Definitions {#sec-18a-68-11.2 omnilex-key=us-nj-statutes--title-18a--18A:68-11.2}

2. As used in this act:

a. "Institution of higher education" means an institution of collegiate grade in New Jersey licensed by the Commission on Higher Education or otherwise authorized under N.J.S.18A:68-6 and accredited by the Middle States Association of Colleges and Secondary Schools.

b. "Educational loan" means either (1) a loan which is made for the purpose of defraying the cost of attendance by one or more students at the institution of higher education making such loan or (2) a loan to an employee of an institution of higher education for the purpose of defraying the costs of post-secondary school education of the employee or of the spouse or child of the employee.

##### **§ 18A:68-11.3** Educational loans from institutional funds; authorization {#sec-18a-68-11.3 omnilex-key=us-nj-statutes--title-18a--18A:68-11.3}

In addition to such other powers and authority which institutions of higher education may have, such institutions may make educational loans upon the terms and conditions prescribed by this act, provided that only institutional funds derived from endowment, corporate or foundation accounts are used to make such loans. Funds borrowed from sources outside of the institution or received from governmental sources shall not be used for such loans.

##### **§ 18A:68-11.4** Interest; computation {#sec-18a-68-11.4 omnilex-key=us-nj-statutes--title-18a--18A:68-11.4}

An institution of higher education may make educational loans and may charge and collect interest thereon at a rate not in excess of 1% per month on the first $10,000.00 of the principal sum owing on all such loans for the payment of which a person is liable to the institution in any capacity, and 3/4 of 1% on the excess over $10,000.00 owing on all such loans for the payment of which a person is so liable to the institution of higher education. Interest shall be calculated according to the actuarial method, pursuant to which payments made on the loan are applied first to accumulated interest on the principal amount of the loan and the remainder applied to the unpaid principal balance of the loan in reduction thereof. All payments shall be applied no later than the next day, other than a Sunday or a public holiday, after the date of receipt, and a day shall be counted as one-three hundred sixty-fifth of a year.

##### **§ 18A:68-11.5** Repayment {#sec-18a-68-11.5 omnilex-key=us-nj-statutes--title-18a--18A:68-11.5}

Educational loans shall be repaid in such manner and shall be subject to such terms and conditions not inconsistent with this act to which the parties thereto may agree.

##### **§ 18A:68-11.6** Credit life or health insurance {#sec-18a-68-11.6 omnilex-key=us-nj-statutes--title-18a--18A:68-11.6}

When a person liable for the payment of an educational loan consents in writing thereto, the institution of higher education may obtain or provide either or both credit life insurance and credit health insurance on such person, pursuant to chapter 29 of subtitle 3 of Title 17B of the New Jersey Statutes (N.J.S. 17A:29-1 et seq.), and may deduct and retain from the proceeds of such loan an amount equal to the premium lawfully charged by the insurer issuing such insurance. If there is more than one person who is liable for the payment of such loan, insurance may be obtained as herein authorized only upon one of such persons. Nothing in any law of this State shall prohibit an institution of higher education or any employee or agent thereof from collecting the premium or identifiable charge for such insurance, dividend or other gain or advantage resulting from such insurance.

##### **§ 18A:68-11.7** Regulations {#sec-18a-68-11.7 omnilex-key=us-nj-statutes--title-18a--18A:68-11.7}

The Higher Education Assistance Authority of the State of New Jersey shall make such regulations including the rate of interest to be charged pursuant to Section 4 and establish such procedures as may be necessary to achieve the purposes of this act.

##### **§ 18A:68-12** Requirement of license {#sec-18a-68-12 omnilex-key=us-nj-statutes--title-18a--18A:68-12}

No school or college shall be conducted within this state for the purpose of training or qualifying its students to practice medicine or surgery or any branch thereof or any method for the treatment of disease or any abnormal physical condition without first securing from the state board of medical examiners a license authorizing it so to do.

##### **§ 18A:68-13** Application for license; fee {#sec-18a-68-13 omnilex-key=us-nj-statutes--title-18a--18A:68-13}

Every such school or college shall submit to the state board of medical examiners, with its application for a license, a statement verified by affidavit of the president or head master of the school or college showing the location of the school or college, the course of study pursued therein, the time required to complete the course, whether its students are required to attend the school or college in person, and if so, for what period of time, the number and qualifications of the instructors employed therein, and the facilities afforded for teaching the subjects in which instruction is intended to be given. The statement shall contain such additional information concerning the school or college as may be required by the board. The applicant shall present with the application a fee of $100.00.

##### **§ 18A:68-14** Granting license {#sec-18a-68-14 omnilex-key=us-nj-statutes--title-18a--18A:68-14}

The board shall issue its license to every school or college applying therefor which complies with the requirements adopted by the state board of medical examiners for class A medical colleges in force at the time the application is made.

##### **§ 18A:68-15** Statement in license of system of treatment taught {#sec-18a-68-15 omnilex-key=us-nj-statutes--title-18a--18A:68-15}

A license issued pursuant to this article shall state plainly upon its face the system or branch of medicine or surgery or method of treatment of disease or abnormal physical condition which the school or college to which it is issued is authorized to each.

##### **§ 18A:68-16** Term and revocation of license {#sec-18a-68-16 omnilex-key=us-nj-statutes--title-18a--18A:68-16}

The license shall remain in force and effect until revoked. The state board of medical examiners may, after notice and hearing, revoke the license of any school or college which is so conducted and equipped as not to comply with the requirements adopted by the board for class A medical colleges in force at the time such revocation shall be under consideration.

##### **§ 18A:68-17** Schools for midwifery, podiatric medicine excepted. {#sec-18a-68-17 omnilex-key=us-nj-statutes--title-18a--18A:68-17}

This article shall not apply to a school conducted for the sole purpose of training persons to practice midwifery or podiatric medicine.

##### **§ 18A:68-18** Penalty for violation of article {#sec-18a-68-18 omnilex-key=us-nj-statutes--title-18a--18A:68-18}

A person violating any provision of this article shall be liable to a penalty of $500.00, which shall be recovered by and in the name of the state board of medical examiners in a summary proceeding in accordance with the penalty enforcement law, chapter 58, of Title 2A of the New Jersey Statutes. Process shall be either in the nature of a summons or warrant.

## **Chapter 71** {#struct-chapter-71}

##### **§ 18A:71-28** Short title. {#sec-18a-71-28 omnilex-key=us-nj-statutes--title-18a--18A:71-28}

This act shall be known as, and may be cited as, the "New Jersey Educational Opportunity Act of 1968."

##### **§ 18A:71-29** Liberal construction. {#sec-18a-71-29 omnilex-key=us-nj-statutes--title-18a--18A:71-29}

This act shall be liberally construed to effectuate the purposes and intent thereof.

##### **§ 18A:71-30** Definitions. {#sec-18a-71-30 omnilex-key=us-nj-statutes--title-18a--18A:71-30}

3. As used in this act, unless the context clearly indicates otherwise, the following terms shall have the following meanings:

The term "board" shall mean the Board of Directors of the New Jersey Educational Opportunity Fund created by section 4 of P.L.1968, c.142 (C.18A:71-31).

The term "department" shall mean the Department of State.

The term "fund" shall mean the New Jersey Educational Opportunity Fund created by section 4 of P.L.1968, c.142 (C.18A:71-31).

The term "higher education" shall mean that education which is provided by any or all of the public institutions of higher education as herein defined or any or all equivalent private institutions.

The term "public institutions of higher education" shall mean and include Rutgers, The State University, the New Jersey Institute of Technology, Rowan University, Montclair State University, Kean University, the five State colleges, the county colleges, and any other public universities, colleges, or county colleges now or hereafter established or authorized by law.

##### **§ 18A:71-31** "New Jersey Educational Opportunity Fund." {#sec-18a-71-31 omnilex-key=us-nj-statutes--title-18a--18A:71-31}

4.(a) There is hereby created and established under the Commission on Higher Education, which is in but not of the Department of State, an educational opportunity fund which shall be known as the "New Jersey Educational Opportunity Fund." Notwithstanding this allocation, the fund shall be independent of any supervision or control by the department or by any officer thereof. The fund shall identify, recruit and provide financial assistance to needy students who are residents of this State in order that they may be able to attend institutions of higher education.

(b) The business and operations of the fund shall be administered by the board of directors created pursuant to section 5 of P.L.1968, c.142 (C.18A:71-32) subject to the general supervision of the Commission on Higher Education.

(c) The commission in consultation with the board shall designate an individual to serve as the chief executive officer of the fund, who shall organize the work of the fund in such manner as he deems necessary to carry out the provisions of this act. The commission may employ such persons, contract for such services, make such expenditures and adopt such rules and regulations as may be necessary or appropriate to carry out the provisions of this act.

##### **§ 18A:71-32** Membership. {#sec-18a-71-32 omnilex-key=us-nj-statutes--title-18a--18A:71-32}

5. (a) The board of directors of the fund shall consist of the chairman of the Commission on Higher Education and the chairperson of the Board of the Higher Education Student Assistance Authority or their designees from among the public members and eight citizens of this State appointed by the Governor. Citizen members of the board shall be selected without regard to political affiliation and, as far as may be practicable, on the basis of their knowledge of, or interest in, the problems of needy students and higher education. The board shall organize annually as established by rule of the board to elect a chairman, vice chairman and other officers as the board shall determine from among its members. The officers shall serve for a two-year term and until their successors are elected and qualified. Vacancies in the offices shall be filled in the same manner for the unexpired term only.

(b) Each citizen member of the board shall serve for a term of four years and until his successor shall have been appointed and qualified; provided, that in the case of the first appointments to the board, two members shall be appointed for terms expiring June 30, 1969;

two members shall be appointed for terms expiring June 30, 1970; two members shall be appointed for terms expiring June 30, 1971; and two members shall be appointed for terms expiring June 30, 1972. Any vacancy in the membership of the board shall be filled in the same manner as the original appointment for the remainder of the unexpired term.

(c) The board shall develop and maintain a Statewide system for the identification of potential college students from needy families; devise methods for recruiting such students; advise the commission on the organization, coordination and support, in cooperation with public and private institutions of higher education of the State, of programs of remedial education for such students; and provide financial assistance as required by such students.

(d) Members of the board shall serve without compensation but shall be entitled to be reimbursed for all reasonable and necessary expenses incurred in the discharge of their duties.

##### **§ 18A:71-33** Board's additional duties. {#sec-18a-71-33 omnilex-key=us-nj-statutes--title-18a--18A:71-33}

6. The board shall:

(a) Administer all funds appropriated by the Legislature for the purpose of carrying out the provisions of this act.

(b) Be an agency of communication with departments and agencies of the United States on the availability of grants or loans to this State for purposes related or similar to those set forth in this act.

(c) Develop, establish and publicize criteria for the determination of eligibility for financial assistance from the fund based on need and potential for success in college.

(d) Established procedures for determining the amount of each award according to the total financial need of each student.

(e) Through the Commission on Higher Education, be responsible and report periodically in writing to the Governor and the Legislature on the performance of its duties in accordance with the provisions of this act.

(f) Adopt bylaws, and make, enforce, alter and repeal rules for its own operation and for carrying out the provisions of this act.

(g) Receive and disburse such contributions to the fund as may be forthcoming from private and public sources.

##### **§ 18A:71-34** Awarding of "opportunity grants." {#sec-18a-71-34 omnilex-key=us-nj-statutes--title-18a--18A:71-34}

7. (a) The board is hereby authorized to award "opportunity grants" from the fund to needy students for undergraduate study leading to a baccalaureate degree, associate degree, or other approved certificate and for graduate and professional study leading to approved master's and doctor's degrees at institutions of higher education, public and private, located in New Jersey; provided, that the board shall allow not more than 10% of the needy students to be awarded opportunity grants in any year to use their opportunity grants at institutions of higher education located outside this State; and, provided further, that no more than 10% of the funds appropriated and available for the purposes of this act shall be awarded to students for use in graduate study.

(b) Opportunity grants may be awarded annually, upon proper application to the fund, to any needy student who qualifies under the standards to be developed and promulgated by the board and who is or will be attending an institution of collegiate grade located in New Jersey and approved for this purpose by the Commission on Higher Education, except that in cases where the student will be or is attending an institution in another State, the accreditation procedures of that State shall be accepted, subject to the approval of the board.

(c) The board may utilize the services of the Higher Education Student Assistance Authority to administer the provisions of this section. The cost of these services shall be paid by the Equal Opportunity Fund.

##### **§ 18A:71-35** Prerequisites necessary for awarding grant. {#sec-18a-71-35 omnilex-key=us-nj-statutes--title-18a--18A:71-35}

(a) No opportunity grant shall be awarded to any applicant therefor unless such applicant shall have demonstrated to the satisfaction of the board that he or she:

(1) Is and has been a resident of the State for at least 12 months prior to receiving the grant;

(2) Will be or is attending a full-time or other program leading to a degree, or other organized program of study approved by the institution which he or she is or will be attending;

(3) Has demonstrated financial need for such grant, as determined by standards and procedures to be established by the board, in accordance with the provisions of this and the preceding article; and

(4) Has complied with all rules and regulations adopted pursuant to this act by the board for the award, regulation and administration of opportunity grants.

(b) In addition to the requirements of subsection (a) of this section, the board is hereby authorized to require the satisfaction of such other requirements as it may deem necessary to carry out the provisions of this act.

##### **§ 18A:71-36** Financial resources of applicant; rules and regulations. {#sec-18a-71-36 omnilex-key=us-nj-statutes--title-18a--18A:71-36}

In awarding opportunity grants pursuant to this act, the board shall take into account the financial resources available to the applicant to meet the cost of his higher education and the tuition, fees and living expenses at the institution of higher education which the applicant is attending or to which he has been admitted. Opportunity grants awarded pursuant to this act shall be paid to recipients by the State Treasurer in accordance with rules and regulations adopted by the board.

##### **§ 18A:71-37** Period of assistance. {#sec-18a-71-37 omnilex-key=us-nj-statutes--title-18a--18A:71-37}

No person shall be eligible for educational opportunity assistance pursuant to this act for more than six years, or for such other period of time as may be determined by the board to be necessary for the completion of an organized course of study. Each opportunity grant awarded pursuant to this act shall remain in effect only so long as the recipient thereof achieves academic progress to the satisfaction of the board and demonstrates continued eligibility pursuant to the provisions of this act.

##### **§ 18A:71-38** No discrimination; number; amount. {#sec-18a-71-38 omnilex-key=us-nj-statutes--title-18a--18A:71-38}

Opportunity grants shall be awarded by the board without regard to race, creed or religion and in such number and amount as may be within the limits of funds appropriated or otherwise made available therefor.

##### **§ 18A:71-39** Remedial and supplementary education for grantees. {#sec-18a-71-39 omnilex-key=us-nj-statutes--title-18a--18A:71-39}

12. The board of directors shall develop, establish and maintain programs of remedial and supplementary education for the students who will receive educational opportunity assistance under this act. Such programs may be administered directly by the fund or may be co-operative ventures undertaken with any or all of the public and private institutions of higher education in the State.

##### **§ 18A:71-40.1** Short title {#sec-18a-71-40.1 omnilex-key=us-nj-statutes--title-18a--18A:71-40.1}

This act shall be known and may be cited as the "C. Clyde Ferguson Law Scholarship Act of 1989."

##### **§ 18A:71-40.2** C. Clyde Ferguson Law Scholarships; created {#sec-18a-71-40.2 omnilex-key=us-nj-statutes--title-18a--18A:71-40.2}

There are created C. Clyde Ferguson Law Scholarships which shall be maintained by the State and awarded and administered pursuant to this act to students from disadvantaged or minority backgrounds enrolled in the Minority Student Program at Rutgers School of Law-Newark, and enrolled in the Rutgers School of Law-Camden and Seton Hall University School of Law.

##### **§ 18A:71-40.3** Scholarships awarded annually {#sec-18a-71-40.3 omnilex-key=us-nj-statutes--title-18a--18A:71-40.3}

C. Clyde Ferguson Law Scholarships shall be awarded annually by the board of directors of the New Jersey Educational Opportunity Fund to 30 New Jersey law students from disadvantaged or minority backgrounds. Each of the participating law schools shall select 10 students to participate in the program.

##### **§ 18A:71-40.4** Requirements for scholarship recipients {#sec-18a-71-40.4 omnilex-key=us-nj-statutes--title-18a--18A:71-40.4}

No person shall be awarded a C. Clyde Ferguson Law Scholarship unless:

a. The person has been a resident of New Jersey for a period of not less than one year immediately prior to receiving the scholarship;

b. The person has demonstrated financial need for the scholarship in accordance with standards to be established by the board of directors of the New Jersey Educational Opportunity Fund;

c. The person has demonstrated high moral character, good citizenship, and dedication to American ideals; and

d. The person has complied with all rules and regulations adopted pursuant to this act by the board of directors of the New Jersey Educational Opportunity Fund for the award, regulation and administration of the scholarship.

##### **§ 18A:71-40.5** Amount of scholarship {#sec-18a-71-40.5 omnilex-key=us-nj-statutes--title-18a--18A:71-40.5}

The amount of a C. Clyde Ferguson Scholarship shall be established by the board of directors of the New Jersey Educational Opportunity Fund but shall not exceed the maximum amount of tuition, fees and on-campus housing charged at the Rutgers School of Law-Newark.

##### **§ 18A:71-40.6** Renewal of scholarship {#sec-18a-71-40.6 omnilex-key=us-nj-statutes--title-18a--18A:71-40.6}

Each C. Clyde Ferguson Law Scholarship shall be renewable annually for up to four years except that each scholarship shall remain in effect only if the holder of the scholarship continues to have financial need, achieves satisfactory academic progress as defined by the law school in which the student is enrolled, continues to meet the eligibility criteria and guidelines established by the board of directors of the New Jersey Educational Opportunity Fund, and is regularly enrolled as a full-time student.

##### **§ 18A:71-40.7** Rules, regulations {#sec-18a-71-40.7 omnilex-key=us-nj-statutes--title-18a--18A:71-40.7}

The board of directors of the New Jersey Educational Opportunity Fund shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of this act.

##### **§ 18A:71-78.1** Tuition-free enrollment in postsecondary program for certain volunteers, family members. {#sec-18a-71-78.1 omnilex-key=us-nj-statutes--title-18a--18A:71-78.1}

1. A person who is an active member of a volunteer fire company or volunteer first aid or rescue squad or association in good standing and the dependent children and spouse of a volunteer shall be allowed to enroll in a postsecondary program on a tuition-free basis in a county college, county vocational school or county technical institute and be eligible to receive tuition credit in an amount not to exceed a maximum of $2,400 for the member, children and spouse; provided that available classroom space permits and that tuition paying students constitute the minimum number required for the course. Nothing herein shall preclude a county college, county vocational school or county technical institute from requiring registration and lab fees for individuals attending courses pursuant to this act.

##### **§ 18A:71-78.2** Eligibility for tuition credit. {#sec-18a-71-78.2 omnilex-key=us-nj-statutes--title-18a--18A:71-78.2}

2. In order to be eligible to receive tuition credit at a county college, county vocational school or county technical institute, a person shall agree to serve as a member of a volunteer fire company or volunteer first aid or rescue squad or association for a minimum of four years and sign an agreement with the municipality in which the squad or association is located pledging four years of service in exchange for the tuition credit. Following each year of volunteer service performed, the volunteer or the spouse or dependent child shall be entitled to receive tuition credit of up to $600, not to exceed a maximum of $2,400 for the member, children and spouse over a four-year service period.

##### **§ 18A:71-78.3** Verification of service; transcript records. {#sec-18a-71-78.3 omnilex-key=us-nj-statutes--title-18a--18A:71-78.3}

3. Upon being accepted and enrolled in a county college, county vocational school or county technical institute, the volunteer, dependent child or spouse shall provide verification to the institution that the volunteer has performed the service required for the tuition credit. Upon completion of each semester, the volunteer shall submit a transcript to the municipality to be maintained in a permanent record. The volunteer or the dependent child or spouse shall maintain a "C" grade average in order to continue eligibility for the tuition credit program.

##### **§ 18A:71-78.4** Issuance of letter of eligibility. {#sec-18a-71-78.4 omnilex-key=us-nj-statutes--title-18a--18A:71-78.4}

4. A municipality which chooses to participate in the tuition credit program shall issue a letter of eligibility to the volunteer, to be presented to the appropriate institution, stating that the individual is a member in good standing of a volunteer fire company, volunteer first aid or rescue squad or association.

## **Chapter 71A** {#struct-chapter-71a}

##### **§ 18A:71A-1** Short title. {#sec-18a-71a-1 omnilex-key=us-nj-statutes--title-18a--18A:71A-1}

Section 1 shall be known and may be cited as the "Higher Education Student Assistance Authority Law."

##### **§ 18A:71A-2** Terms defined. {#sec-18a-71a-2 omnilex-key=us-nj-statutes--title-18a--18A:71A-2}

As used in this act, unless the context indicates another or different meaning, the following words shall have the following meanings:

"Authority" means the Higher Education Student Assistance Authority established pursuant to this act, or any body, entity, commission, or department succeeding to the principal functions thereof or to whom the powers conferred upon the authority by this act shall be given by law.

"Board" means the governing body of the authority appointed or elected pursuant to N.J.S.18A:71A-4 of this article.

"Bond" means bonds, notes or other obligations of the authority issued pursuant to this act.

"Commission" means the New Jersey Commission on Higher Education.

"Eligible institution" means, unless otherwise defined by this act or by the authority by regulation, an institution having a participation agreement with the authority which is further defined in 20 U.S.C. s.1071 et seq., and which includes an institution of higher education, a proprietary institution of higher education, a postsecondary vocational institution and a vocational school, provided that the institution or school is licensed or approved by the appropriate agency or department and accredited or preaccredited by a nationally recognized accrediting association.

"Executive director" means the chief executive and administrative officer of the authority.

"Fund" means the Higher Education Student Assistance Fund.

"Lender" or "eligible lender" includes the authority and any institution authorized to make loans under 20 U.S.C. s.1071 et seq. which has entered into a participation agreement with the authority.

"Member" means an individual appointed or elected to the board of the authority or serving ex-officio on the board.

"State college" means any college or university created pursuant to chapter 64 of Title 18A of the New Jersey Statutes.

##### **§ 18A:71A-3** Higher Education Student Assistance Authority created. {#sec-18a-71a-3 omnilex-key=us-nj-statutes--title-18a--18A:71A-3}

The Higher Education Student Assistance Authority, a body corporate and politic, shall be established in the Executive Branch of the State Government and for the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the authority is allocated in but not of the Department of State. The authority shall constitute an instrumentality of the State exercising public and essential governmental functions, and the exercise by the authority of the powers conferred by this act in the furthering of access to postsecondary education, whether by loans, grants, scholarships or other means, shall be deemed and held to be an essential governmental function of the State. The authority shall submit its budget request directly to the Division of Budget and Accounting in the Department of the Treasury.

##### **§ 18A:71A-4** Board of the authority. {#sec-18a-71a-4 omnilex-key=us-nj-statutes--title-18a--18A:71A-4}

a. The Board of the Higher Education Student Assistance Authority shall consist of 18 members as follows: the State Treasurer, ex-officio, or a designee; the Secretary of Higher Education, ex-officio, or a designee from among the public members of the commission; the chairperson of the Board of Directors of the Educational Opportunity Fund, ex-officio, or a designee from among the public members of the board; five representatives from eligible institutions in this State, including one from Rutgers, the State University, one from either the New Jersey Institute of Technology, Rowan University, Montclair State University, or Kean University, one from the county colleges, one from the State colleges, and one from the independent institutions of higher education in the State; two students from different collegiate institutional sectors; seven public members who shall be residents of this State, including one who shall represent a lender party to a participation agreement with the authority; and the executive director of the authority, or designee, who shall be an ex-officio, non-voting member of the board.

b. The seven public members, including the lender member, shall be appointed by the Governor with the advice and consent of the Senate. No more than four of the public members shall be members of the same political party. The institutional representatives shall be nominated by the respective institution in the case of Rutgers, the State University, New Jersey Institute of Technology, Rowan University, Montclair State University, and Kean University. The remaining institutional representatives shall be nominated by the respective sector association. Institutional representatives shall be appointed by the Governor with the advice and consent of the Senate. The student members shall be the individuals that the Student Advisory Committee elects as its chairperson and vice-chairperson. The Student Advisory Committee shall be created by the board to include students from all collegiate institutional sectors. The necessary appointments shall be made within 45 days of the enactment of P.L.1999, c.46 (N.J.S.18A:71A-1 et al.).

c. Public and institutional members of the board shall serve a term of four years and until a successor is appointed and qualified, except in the case of the first members so appointed, four of whom shall be appointed for a term of four years, four of whom shall be appointed for a term of three years, two of whom shall be appointed for a term of two years, and two of whom shall be appointed for a term of one year. Student members shall serve a term of office not to exceed two years. Any vacancy in the membership of the board, occurring otherwise than by expiration of term, shall be filled in the same manner as the original appointment or election was made, but for the unexpired term only.

##### **§ 18A:71A-5** Executive director. {#sec-18a-71a-5 omnilex-key=us-nj-statutes--title-18a--18A:71A-5}

a. The executive director of the authority shall be appointed by the Governor and shall serve at the pleasure of the Governor during the Governor's term of office and until a successor is appointed and qualified, except that the person holding the office of Executive Director of Student Assistance Programs in the Office of Student Assistance in, but not of, the Department of the Treasury, on the effective date of this act shall be the initial executive director of the authority. The executive director shall receive annual compensation, which shall be payable as other State compensation is paid.

b. The executive director shall be:

(1) the chief executive and administrative officer of the authority having general charge and supervision of the work of the authority;

(2) the appointing authority and official agent of the authority for all purposes. The authority shall delegate to the executive director the power to employ financial and computer experts, attorneys, accountants, managers, and such other employees and agents as may be necessary; to fix their compensation; and to promote and discharge the employees and agents;

(3) the budget request officer and the approval officer of the authority;

(4) an officer and an ex-officio, non-voting member of the board; and

(5) authorized, subject to law, to select a designee to act in his place or stead and to have authority over all matters concerning the employment and compensation of staff not classified under Title 11A of the New Jersey Statutes.

##### **§ 18A:71A-6** Organization of the board. {#sec-18a-71a-6 omnilex-key=us-nj-statutes--title-18a--18A:71A-6}

a. Meetings of the board shall be held at such time and place as the members shall determine. A majority of the members in office at a meeting at which public members of the board are present shall be necessary to constitute a quorum for the transaction of business, and the acts of a majority of the members present at a meeting at which a quorum is present shall be the acts of the authority. The board shall hold all meetings attended by, or open to, all members of the board in accordance with the "Open Public Meetings Act," P.L. 1975, c.231 (C.10:4-6 et seq.).

b. A true copy of the minutes of every meeting of the board shall be forthwith delivered by and under the certification of the secretary thereof, to the Governor. No action taken at the meeting by the board shall have force or effect until 10 days after the copy of the minutes has been delivered. If, in the 10-day period, the Governor returns the copy of the minutes with a veto of any action taken by the authority or any member thereof at the meeting, the action shall be null and of no effect. If the Governor does not return the minutes within the 10-day period, any action therein recited shall have force and effect according to the wording thereof. At any time prior to the expiration of the 10-day period, the Governor may sign a statement of approval of any such action of the board, in which case the approved action shall not thereafter be disapproved.

Notwithstanding the provisions of this section, with regard to the authorization or sale of bonds of the authority, the authority shall furnish to the Governor a certified copy of the minutes of the meeting at which the bonds are authorized or sold after the taking of the action, and the Governor shall indicate approval or disapproval of the action prior to the end of the business day upon which the certified copy of the minutes was furnished to the Governor.

The powers conferred in this section upon the Governor shall be exercised with due regard for the rights of the holders of bonds of the authority at any time outstanding, and nothing in, or done pursuant to, this section shall in any way limit, restrict or alter the obligation or powers of the authority or any representative or officer of the authority to carry out and perform in every detail each and every covenant, agreement or contract at any time made or entered into by or on behalf of the authority with respect to its bonds or for the benefit, protection or security of the holders thereof.

c. The officers of the board shall be a chairperson, a vice-chairperson, and one person to act as secretary and treasurer. The chairperson and vice-chairperson shall be elected from among the public members of the board by the board annually and shall hold office until their successors are elected or until their earlier death, disability, resignation, or removal. The secretary and treasurer shall be the executive director or designee. Any vacancy of the chairperson or vice-chairperson caused by the death, disability, resignation, or removal of any officer shall be filled by the members of the board.

##### **§ 18A:71A-7** Limitation of liability, conflict of interest, compensation. {#sec-18a-71a-7 omnilex-key=us-nj-statutes--title-18a--18A:71A-7}

a. The personal liability of members of the board, which shall be a public entity under the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., shall be limited to the extent permitted by N.J.S.59:1-1 et seq., this act, and other applicable New Jersey law.

b. Each member of the board shall comply with the "New Jersey Conflicts of Interest Law," P.L.1971, c.182 (C.52:13D-12 et seq.).

c. The members of the board shall receive no compensation for their services, but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties.

##### **§ 18A:71A-8** General powers of the authority. {#sec-18a-71a-8 omnilex-key=us-nj-statutes--title-18a--18A:71A-8}

The authority shall have the power to:

a. adopt bylaws for the regulation of its affairs and the conduct of its business;

b. maintain an office at such place or places within the State as it may designate;

c. adopt an official seal and alter the same at pleasure;

d. sue and be sued in its own name;

e. retain legal counsel of its choosing. The authority may choose representation by the Attorney General; however, as to claims of a tortious nature, the authority shall elect within 75 days of the effective date of this act whether it, and its employees, shall be represented in all such matters by the Attorney General. If the authority elects not to be represented by the Attorney General, it shall be considered and its employees considered employees of a sue and be sued entity for the purposes of the "New Jersey Tort Claims Act" only. The authority shall be required in that circumstance to provide its employees with defense and indemnification consistent with the terms and conditions of the Tort Claims Act in lieu of the defense and indemnification that such employees would otherwise seek and be entitled to from the Attorney General pursuant to N.J.S.59:10-1 et seq. and P.L.1972, c.48 (C.59:10A-1 et seq.);

f. make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this act;

g. borrow money and to issue bonds, notes and other obligations of the authority to carry out any purposes of the authority under this act, including, without limitation: (1) making or purchasing loans under any provision of this act; (2) purchasing from lenders approved notes or participations in approved notes as provided by law; and (3) refunding of outstanding bonds; but it shall not in any manner, directly or indirectly, pledge the credit of the State;

h. receive and accept, from any federal or other public agency or governmental entity, grants, including block grants, or loans for or in aid of its programs and powers under this act, and to receive aid and contributions from any other source, of money, property, labor, and other things of value, to be held, used and applied only for the purposes for which the grants, loans and contributions may be made;

i. acquire, lease as lessee, hold and dispose of real and personal property or any interest therein, in the exercise of its powers and the performance of its duties under this act;

j. complete, administer, operate, obtain and authorize payment for insurance on and maintain, renovate, repair, modernize, lease or otherwise deal with any property acquired or held by it pursuant to this act;

k. authorize payment for disbursements, costs, commissions, attorney's fees and other reasonable expenses related to and necessary for the making and protection of guaranteed and other authority loans and the recovery of moneys, loans or management of property acquired in connection with the loans;

l. adopt rules and regulations to implement this act; and

m. do all acts and things necessary or appropriate to carry out the objects and purposes of this act.

##### **§ 18A:71A-9** Further powers of the authority. {#sec-18a-71a-9 omnilex-key=us-nj-statutes--title-18a--18A:71A-9}

The authority shall have the following powers to:

a. further access to postsecondary education, whether by loans, grants, scholarships, savings programs, or other means as approved by the Legislature to meet the expenses of postsecondary education;

b. make, assist in the placing of federally guaranteed student loans, service or otherwise provide such loans:

(1) to persons who are residents of this State or who reside outside this State who are attending and are in good standing in, or who plan to attend, any eligible institution located in this State or elsewhere; or

(2) to parents of persons meeting the requirements set forth in paragraph (1) of this subsection, in order to assist them in meeting the expenses of postsecondary education;

c. guarantee the loans in subsection b. of this section upon such terms and conditions as the authority may prescribe; provided that the amounts may not exceed the annual and aggregate amounts authorized under 20 U.S.C.s.1071 et seq.;

d. buy and sell approved notes evidencing loans made under this act, and to buy and sell participations in approved notes made pursuant to this act, either by buying and selling directly or by establishing a separate entity which will serve as a secondary market for student loans under the oversight of the authority, which entity shall take action and adopt rules subject to the approval of the authority;

e. be the State guaranty agency for the State of New Jersey and engage in programs which state guaranty agencies are authorized to participate in pursuant to 20 U.S.C. s.1071 et seq.;

f. be the lead State agency in coordination with the commission in determining policy on student assistance issues;

g. assist students who are parties to loans made, funded, or guaranteed under this act to qualify for federal interest subsidy, special allowance, loan forgiveness or other applicable benefits;

h. establish a separate entity or utilize established agencies to administer loan programs, which entity or agencies shall administer authority loan programs and adopt rules subject to the approval of the authority. Loans made by the entity or agencies shall be subject to the same criteria as to amount, interest and payment as are other loans authorized under this act, and shall be given to students who are eligible for loans under the terms and conditions of the law but have been unable to secure them;

i. be an agency of communication with departments and agencies of the United States on the availability of grants or loans to this State for purposes related to or similar to those set forth in this act;

j. request and receive from any department, division, board, bureau, commission or agency of the State or any subdivision thereof the assistance and data necessary to properly carry out its powers, duties and functions;

k. make and service loans to eligible borrowers through State loan programs established by law;

l. administer loan redemption and related fellowship programs established by law;

m. administer and coordinate grant, scholarship and tuition aid programs as established by law;

n. be the primary State agency for the administration of non-campus based federal grant and scholarship programs for students seeking to meet the expenses of postsecondary education;

o. inform the public of financial aid programs to meet the expenses of postsecondary education;

p. perform audit and review functions, including federally mandated lender and school reviews, campus level State student financial aid program reviews and State-mandated annual internal control reviews; and

q. assist the Attorney General in the investigation of alleged violations of all criminal statutes related to fraud or a breach of fiduciary obligations committed by any person who has obtained or aided and abetted in obtaining loans, loan guarantees, scholarships, and grants or other moneys from this authority; and to work in conjunction with the appropriate prosecuting authorities in the prosecution of cases where it is determined that evidence of criminal activity exists.

##### **§ 18A:71A-10** Contracts, purchases, records, travel. {#sec-18a-71a-10 omnilex-key=us-nj-statutes--title-18a--18A:71A-10}

a. The authority, in the exercise of its power to make and enter into contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers, shall adopt standing operating rules and procedures providing that, except as hereinafter provided, no contract on behalf of the authority shall be entered into for the doing of any work, or for the hiring of equipment or vehicles, when the sum to be expended exceeds the sum of $25,000 or, after the effective date of P.L.1999, c.440, the amount determined pursuant to subsection b. of this section, unless the authority shall first publicly advertise for bids therefor, and shall award the contract to the lowest responsible bidder; provided, however, that such advertising shall not be required when the contract to be entered into is one for the furnishing or performing of services of a professional nature, or when the purchase is to be made through or by the Director of the Division of Purchase and Property pursuant to section 1 of P.L.1959, c.40 (C.52:27B-56.1), or through a contract made by any of the following: the New Jersey Sports and Exposition Authority established under section 4 of P.L.1971, c.137 (C.5:10-4); the Hackensack Meadowlands Development Commission established under section 5 of P.L.1968, c.404 (C.13:17-5); the New Jersey Highway Authority established under section 4 of P.L.1952, c.16 (C.27:12B-4); the New Jersey Turnpike Authority established under section 3 of P.L.1948, c.454 (C.27:23-3); the New Jersey Water Supply Authority established under section 4 of P.L.1981, c.293 (C.58:1B-4); the South Jersey Transportation Authority established under section 4 of P.L.1991, c.252 (C.27:25A-4); the Port Authority of New York and New Jersey established under R.S.32:1-4; and the Delaware River Port Authority established under R.S.32:3-2. Waiver of bid advertising and of actual bidding shall be made by resolution of the authority for those goods, services, and contracts described in sections 4 and 5 of P.L.1954, c.48 (C.52:34-9 and 52:34-10).

This subsection shall not prevent the authority from having any work done by its own employees, nor shall it apply when the safety or protection of its or other public property requires. In the case of exigency or emergency, the authority shall, by resolution passed by the affirmative vote of a majority of its members, declare the exigency or emergency to exist, and set forth in the resolution the nature thereof and the approximate amount to be so expended.

b. Commencing in the fifth year after the year in which P.L.1999, c.440 takes effect, and every five years thereafter, the Governor, in consultation with the Department of the Treasury, shall adjust the threshold amount set forth in subsection a. of this section, or the threshold amount resulting from any adjustment under this subsection, in direct proportion to the rise or fall of the index rate as that term is defined in section 2 of P.L.1971, c.198 (C.40A:11-2), and shall round the adjustment to the nearest $1,000. The Governor shall, no later than June 1 of every fifth year, notify the authority of the adjustment. The adjustment shall become effective July 1 of the year in which it is made.

c. The authority, in the exercise of its power to make purchases and enter into contracts, leases and agreements necessary or incidental to the performance of its duties and the execution of its powers, shall adopt standing operating rules and procedures providing that, subject to subsections a. and b. of this section, for purchases, contracts, leases and agreements payable exclusively with or out of funds transferred from the Higher Education Student Assistance Fund, the purchases, contracts, leases and agreements shall be subject to the authority's sole approval. Approval of the purchases, contracts, leases, and agreements shall not be required by any other department, division, board, bureau, agency, office or officer of the State.

d. The authority, without advertising for bids, or after having rejected all bids obtained pursuant to advertising therefor, may purchase any materials, supplies or equipment pursuant to a contract or contracts for the materials, supplies or equipment entered into on behalf of the State. Any department, division, commission, board, bureau, agency, office or officer of the State may, by joint action with the authority, purchase any articles used or needed by the State and the authority.

e. Records subject to the record retention requirements set forth under 20 U.S.C.s.1071 et seq., 20 U.S.C.s.1070c et seq., and 20 U.S.C.s.1104 et seq. and implementing regulations and rules shall not be "public records" for purposes of the "Destruction of Public Records Law (1953)," P.L.1953, c.410 (C.47: 3-15 et seq.), notwithstanding the provisions of any law to the contrary.

f. The executive director shall have the power to approve of travel consistent with Office of Management and Budget travel regulations, except that for travel that is payable exclusively with or out of funds transferred from the Higher Education Student Assistance Fund, no approval shall be required by the Director of the Office of Management and Budget.

##### **§ 18A:71A-11** Certain pension, benefits, and employment classification provisions applicable to employees of the authority. {#sec-18a-71a-11 omnilex-key=us-nj-statutes--title-18a--18A:71A-11}

a. Notwithstanding the provisions of any law to the contrary, any former employee of the Office of Student Assistance who was a participant in the alternate benefit program, P.L.1969, c.242 (C.18A:66-168 et seq.), and who has continued in uninterrupted service with the State may continue to participate in the alternate benefit program on the same terms as other eligible employees.

b. Notwithstanding the provisions of any law to the contrary, professional administrative staff of the authority are eligible to participate in the alternate benefit program under the provisions of P.L.1969, c.242 (C.18A:66-168 et seq.).

c. Notwithstanding the provisions of any law to the contrary, eligible employees of the authority shall be eligible to obtain supplemental tax-deferred annuities with outside investment carriers on the same basis and with the same carriers as available to members of the alternate benefit program under the provisions of P.L.1969, c.242 (C.18A:66-168 et seq.).

d. The total number of employees in unclassified service including the number of vacant unclassified service positions on the date this act becomes effective shall not decrease without prior authorization by the board.

##### **§ 18A:71A-12** Limitations on issue of bond anticipation notes and other obligations. {#sec-18a-71a-12 omnilex-key=us-nj-statutes--title-18a--18A:71A-12}

The authority may issue bond anticipation notes and other short-term obligations which may be renewed from time to time, but the maximum maturity of the notes or obligations, including renewals thereof, shall not exceed five years from the date of issue of the original. The notes or obligations shall be paid from any revenues or other moneys of the authority available therefor and not otherwise pledged, or from the proceeds of sale of the bonds of the authority in anticipation of which they were issued. The notes or obligations shall be issued in the same manner as bonds, and the resolution or resolutions authorizing them may contain any provisions, conditions or limitations which a bond resolution of the authority may contain.

##### **§ 18A:71A-13** Bonds, bond anticipation notes, other obligations: general provisions. {#sec-18a-71a-13 omnilex-key=us-nj-statutes--title-18a--18A:71A-13}

Except as may otherwise be expressly provided by the authority, every issue of its bonds, notes or obligations shall be general obligations of the authority payable from any revenues or moneys of the authority, subject only to any agreements with the holders of particular bonds, notes or obligations pledging any particular revenues or moneys. Notwithstanding that bonds, notes, and other obligations may be payable from a special fund, they shall be fully negotiable within the meaning of Title 12A of the New Jersey Statutes, the Uniform Commercial Code, subject only to the provision of the bonds, notes, and other obligations for registration. The bonds may be issued as serial bonds or as term bonds, or the authority, in its discretion, may issue bonds of both types. The bonds shall be authorized by resolution of the members of the authority and shall bear such date or dates, mature at such time or times, not exceeding 35 years from their respective dates, bear interest at such rate or rates including, but not limited to, fixed, variable, floating or adjustable interest rates, be payable at such time or times, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in lawful money of the United States of America at such place or places, and be subject to such terms of redemption, as the resolution or resolutions may provide. The bonds, notes or obligations may be sold at public or private sale for such price or prices as the authority shall determine. Pending preparation of the definitive bonds, the authority may issue interim receipts or certificates which shall be exchanged for the definitive bonds.

At any time prior to the issuance and sale of bonds or other obligations by the authority under this act, the State Treasurer is authorized to transfer from any available moneys in any fund of the Treasury of the State to the credit of any fund of the authority those sums which the State Treasurer may deem necessary. The sums so transferred shall be returned to the same fund of the Treasury of the State by the State Treasurer from the proceeds of the sale of the first issue of authority bonds, notes or other obligations issued for the same programmatic purpose as the funds transferred by the State Treasurer.

##### **§ 18A:71A-14** Bond resolutions. {#sec-18a-71a-14 omnilex-key=us-nj-statutes--title-18a--18A:71A-14}

Any resolution or resolutions of the authority authorizing any bonds or any issues of bonds may contain provisions, which shall be a part of the contract with the holders of the bonds to be authorized as to:

a. the pledging of all or any part of the revenues of the authority;

b. the use and disposition of the revenues;

c. the setting aside of reserves or sinking funds, and the regulations and disposition thereof;

d. limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured and the refunding of outstanding bonds;

e. The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which the consent may be given;

f. limitations on the purpose to which the proceeds of sale of any issue of bonds then or thereafter to be issued may be applied and pledging the proceeds to secure the payment of the bonds or any issue of the bonds;

g. defining the acts or omissions to act which shall constitute a default in the duties of the authority to holders of its obligations and providing the rights and remedies of the holders in the event of a default; and

h. the making of covenants other than and in addition to the covenants herein expressly authorized, of like or different character; and the making of the covenants to do or refrain from doing such acts and things as may be necessary or convenient or desirable in order to better secure the bonds, notes or other obligations which, in the absolute discretion of the authority, will tend to make the bonds, notes, or other obligations more marketable, notwithstanding that the covenants, acts or things may not be enumerated herein.

##### **§ 18A:71A-15** Personal liability on bonds, notes and other obligations. {#sec-18a-71a-15 omnilex-key=us-nj-statutes--title-18a--18A:71A-15}

Neither the members of the authority, nor any person executing bonds, notes or other obligations issued by it, nor any officer or employee of the authority shall be liable personally on the bonds, notes or other obligations or be subject to any personal liability or accountability by reason of the issuance thereof.

##### **§ 18A:71A-16** Purchase by authority of bonds, notes and other obligations. {#sec-18a-71a-16 omnilex-key=us-nj-statutes--title-18a--18A:71A-16}

The authority shall have the power out of any funds available therefor to purchase its bonds, notes or other obligations. The authority may hold, pledge, cancel or resell the bonds, subject to and in accordance with agreements with bondholders.

##### **§ 18A:71A-17** Security for bonds. {#sec-18a-71a-17 omnilex-key=us-nj-statutes--title-18a--18A:71A-17}

In the discretion of the authority, any bonds issued by it may be secured by a trust agreement between the authority and a qualified bank as defined in section 1 of "The Banking Act of 1948," P.L.1948, c.67 (C.17:9A-1 et seq.). The trust agreement or resolution providing for the issuance of the bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including particularly those provisions authorized to be included in any resolution or resolutions of the authority authorizing bonds. Any banking institution, as defined in section 1 of "The Banking Act of 1948," P.L.1948, c.67 (C.17:9A-1 et seq.), may act as depository of the proceeds of bonds or of revenues or other moneys and may furnish such indemnifying bonds or pledge such securities as may be required by the authority. The trust agreement may set forth the rights and remedies of the bondholders and of the trustee or trustees, and may restrict the individual right of action by bondholders. In addition to the foregoing, the trust agreement or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders.

##### **§ 18A:71A-18** Liability for payment of bonds. {#sec-18a-71a-18 omnilex-key=us-nj-statutes--title-18a--18A:71A-18}

Bonds issued pursuant to N.J.S.18A:71A-8 shall not be deemed to constitute a debt or liability of the State or of any political subdivision thereof or a pledge of the faith and credit of the State or of any political subdivision, but shall be payable solely from the funds herein provided. The bonds shall contain on the face a statement to the effect that neither the State of New Jersey nor the authority shall be obligated to pay the same or the interest thereon except from revenues or other moneys of the authority and that neither the faith and credit nor the taxing power of the State or of any political subdivision thereof is pledged to the payment of the principal of or the interest on the bonds. The issuance of bonds under the provisions of this act shall not directly or indirectly or contingently obligate the State or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor.

##### **§ 18A:71A-19** Rights of bondholders. {#sec-18a-71a-19 omnilex-key=us-nj-statutes--title-18a--18A:71A-19}

A holder of bonds issued by the authority pursuant to N.J.S.18A:71A-8, or any of the coupons appertaining thereto, and the trustee or trustees under any trust agreement, except to the extent the rights herein given may be restricted by any resolution authorizing the issuance of, or any trust agreement securing, the bonds, may, either at law or in equity, by suit, action or other proceedings, protect and enforce any and all rights under the laws of the State or granted hereunder or under the resolution of trust agreement, and may enforce and compel the performance of all duties required by this act or by the resolution or trust agreement to be performed by the authority or by any officer, employee or agent thereof.

##### **§ 18A:71A-20** Refunding bonds. {#sec-18a-71a-20 omnilex-key=us-nj-statutes--title-18a--18A:71A-20}

a. The authority shall have power to issue bonds for the purposes of refunding any of its bonds then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or subsequent date of redemption, purchase or maturity of the bonds.

b. The proceeds of bonds issued for the purpose of refunding outstanding bonds may, in the discretion of the authority, be applied to the purchase or retirement at maturity or redemption of outstanding bonds either on their earliest or any subsequent redemption date or upon the purchase or at the maturity thereof and may, pending such application, be placed in escrow to be applied to the purchase or retirement at maturity or redemption on such date as may be determined by the authority. Any escrowed proceeds, pending such use, may be invested and reinvested in obligations of or guaranteed by the United States of America, or in certificates of deposit or time deposits secured by obligations of or guaranteed by the United States of America, maturing at such time or times as shall be appropriate to assure the prompt payment, as to principal, interest and redemption premium, if any, of the outstanding bonds to be so refunded. The interest, income and profits, if any, earned or realized on any such investment may also be applied to the payment of the outstanding bonds to be so refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of the proceeds and interest, income and profits, if any, earned or realized on the investments thereof may be returned to the authority for use by it in any lawful manner. All such bonds shall be subject to the provisions of this act in the same manner and to the same extent as other bonds issued pursuant to this act and N.J.S.18A:71A-8.

##### **§ 18A:71A-21** Bonds as legal investments. {#sec-18a-71a-21 omnilex-key=us-nj-statutes--title-18a--18A:71A-21}

Bonds, notes and other obligations issued by the authority under the provisions of this act and N.J.S.18A:71A-8, are hereby made securities in which the State and all political subdivisions of the State, their officers, boards, commissions, departments or other agencies, banks, savings banks, savings and loan associations, investment companies, all insurance companies, insurance associations and all administrators, executors, guardians, trustees and other fiduciaries, and all other persons who now are or may hereafter be authorized to invest in bonds, notes or other obligations of the State, may properly and legally invest any funds, including capital belonging to them or within their control; and the bonds, notes or other obligations are hereby made securities which may properly and legally be deposited with and received by any State or municipal officers or agency of the State for any purpose for which the deposit of bonds or other obligations of the State is now or may hereafter be authorized by law.

##### **§ 18A:71A-22** Pledge of state; exemption from taxation; taxable bond option. {#sec-18a-71a-22 omnilex-key=us-nj-statutes--title-18a--18A:71A-22}

a. The State of New Jersey does pledge to and agree with the holders of the bonds, notes and other obligations issued pursuant to authority contained in this act and N.J.S.18A:71A-8, that the State will not limit the power and obligation of the authority to fulfill the terms of any agreements made with the holders of bonds, notes and other obligations so issued, or in any way impair the rights or remedies of the holders of the bonds, and will not modify in any way the exemptions for taxation provided for in this act, until the bonds, notes and other obligations together with interest thereon, are fully paid and discharged. The authority as a public body corporate and politic shall have the right to include the pledge herein made in its bonds and contracts.

b. Unless otherwise determined by the authority, all bonds, notes or other obligations issued pursuant to this act are hereby declared to be issued by a body corporate and politic of this State and for an essential public and governmental purpose. The bonds, notes and other obligations, and the interest thereon and the income therefrom, and all fees, charges, funds, revenues, income and other moneys pledged or available to pay or secure the payment of the bonds, notes or other obligations, or interest thereon, shall at all times be exempt from taxation except for transfer, inheritance and estate taxes.

c. With respect to all or any portion of any issue of any bonds, notes or other obligations that the authority may issue in accordance with this act, the authority may covenant, elect and consent that the interest on the bonds be includable under the federal Internal Revenue Code of 1986, as amended, in the gross income of the holders of the bonds to the same extent and in the same manner that the interest on bills, bonds, notes or other obligations of the United States is includable in the gross income of the holders under the federal Internal Revenue Code of 1986, as amended, or in such other manner as the authority may covenant, elect and consent. Bonds issued pursuant to this act are not subject to any limitations or restrictions of any law that may limit the authority's power to issue those bonds.

##### **§ 18A:71A-23** Higher Education Student Assistance Fund. {#sec-18a-71a-23 omnilex-key=us-nj-statutes--title-18a--18A:71A-23}

The authority shall establish and maintain a special fund called the "Higher Education Student Assistance Fund" solely for its activities as a guaranty agency and lender under 20 U.S.C.s.1071 et seq. The fund shall consist of: a. all moneys appropriated by the Legislature for inclusion in the fund; b. federal advances and other revenues realized as a result of guaranty and lender activities under 20 U.S.C.s.1071 et seq.; c. investment earnings of the fund; d. moneys contributed to the authority by private sources, to be used for the purposes of this act; e. the proceeds received by the sale of its bonds, bond anticipation notes and other obligations as provided by law; and f. the proceeds received by the authority from the resale of notes evidencing approved loans made pursuant to this act.

The authority may in any resolution authorize the establishment within the Higher Education Student Assistance Fund of separate special funds as necessary for moneys to be held in pledge or otherwise for payment or redemption of bonds, notes or other obligations, reserves or other purposes and to covenant as to use and disposition of the moneys held in these special funds.

##### **§ 18A:71A-24** Loan Reserve Fund. {#sec-18a-71a-24 omnilex-key=us-nj-statutes--title-18a--18A:71A-24}

a. Within the Higher Education Student Assistance Fund, the authority shall establish and maintain a special fund called the "Loan Reserve Fund" in which shall be deposited: (1) all reserve funds held by the authority; (2) all moneys appropriated by the State for the purpose of the fund, and (3) any other moneys or funds of the authority which it determines to deposit therein. Moneys in the Loan Reserve Fund shall be held and approved solely for the purchase by the fund of defaulted loans either by payment to a lender or by transfer to the Higher Education Student Assistance Fund, of the total amount of principal and interest then due and owing on any defaulted note, except to the extent that the moneys represent advances made to the authority by the United States of America, or agencies thereof, which the authority may be required to repay, and in the event repayment is required, it shall be made from the Loan Reserve Fund.

b. The sum total of all funds on deposit in the Loan Reserve Fund, hereafter referred to as the "loan reserve requirement," shall in no event be less than the amount required under 20 U.S.C. s.1071 et seq.

c. In order to assure the maintenance of the loan reserve requirement in the Loan Reserve Fund, there shall be appropriated annually and paid to the authority for deposit in the fund, such sum, if any, as shall be certified by the chairperson of the Board of the Higher Education Student Assistance Authority to the Governor as necessary to maintain the fund in an amount equal to the loan reserve requirement during the then current fiscal year. The chairperson shall annually, on or before December 1, make and deliver to the Governor a certificate stating the sums, if any, required to maintain the fund in the amount equal to the loan reserve requirement, and the sum or sums so certified shall be appropriated and paid to the authority during the then current State fiscal year.

d. Moneys in the fund at any time in excess of the loan reserve requirement, whether by reason of investment or otherwise, may be withdrawn at any time by the authority and transferred to any other fund or account of the authority, to the extent permitted under 20 U.S.C.s.1071 et seq.

e. Moneys at any time in the Loan Reserve Fund may be invested in any direct obligations of, or obligations as to which the principal and interest thereof is guaranteed by, the United States of America or such other obligations as the authority may approve, to the extent permitted under 20 U.S.C.s.1071 et seq.

f. For purposes of valuation, investments in the Loan Reserve Fund shall be valued at the lowest of the par value, cost to the authority, or market value of the investments. Valuation on any particular date shall include the amount of interest then earned or accrued to the date on any moneys or investments in the Loan Reserve Fund.

##### **§ 18A:71A-25** Capital Reserve Fund; use; investment. {#sec-18a-71a-25 omnilex-key=us-nj-statutes--title-18a--18A:71A-25}

a. The authority shall establish and maintain a special fund called the "New Jersey Higher Education Student Assistance Capital Reserve Fund" in which there shall be deposited: (1) all moneys appropriated by the State for the purpose of the fund; (2) all proceeds of bonds required to be deposited therein by terms of any contract between the authority and its bondholders or any resolution of the authority with respect to the proceeds or bonds; and (3) any other moneys or funds of the authority which it determines to deposit therein. Moneys in the capital reserve fund shall be held and applied solely to the payment of the interest on and principal of bonds of the authority as the same shall become due and payable and for the retirement of bonds, and shall not be withdrawn therefrom if the withdrawal would reduce the amount in the capital reserve fund to an amount equal to less than the maximum debt service reserve, except for payment of interest then due and payable on bonds and the principal of bonds then maturing and payable and for the retirement of bonds in accordance with the terms of any contract between the authority and its bondholders and for the payments on account of which interest or principal or retirement of bonds other moneys of the authority are not then available in accordance with the terms of the contract. As used in this section, "maximum debt service reserve" means, as of any date of computation, the lesser of: the largest amount of money required by the terms of all contracts between the authority and its bondholders to be raised in any succeeding calendar year for the payment of interest on and maturing principal of outstanding bonds and payments required by the terms of the contracts to sinking funds established for the payment or redemption of the bonds, all calculated on the assumption that bonds will cease to be outstanding after the date of the computation by reason of the payment of bonds at their respective maturities and the payments of the required moneys to sinking funds and the application thereof in accordance with the terms of the contracts to the retirement of bonds; or the amount of money required by the terms of all contracts between the authority and its bondholders to be maintained in the fund.

b. Moneys in the fund at any time in excess of the maximum debt service reserve, whether by reason of investment or otherwise, may be withdrawn at any time by the authority and transferred to any other fund or account of the authority.

c. Moneys at any time in the fund may be invested in any direct obligations of, or obligations as to which the principal and interest thereof is guaranteed by, the United States of America or such other obligations as the authority may approve.

d. For purposes of valuation, investments in the capital reserve fund shall be valued at the lowest of the par value, cost to the authority or market value of the investments. Valuation on any particular date shall include the amount of interest then earned or accrued to the date on any moneys or investments in the reserve fund.

e. Notwithstanding any other provisions contained in this act, no bonds shall be issued by the authority unless there is in the capital reserve fund the maximum debt service reserve for all bonds then issued and outstanding and the bonds about to be issued; provided that nothing herein shall prevent or preclude the authority from satisfying the foregoing requirement by depositing so much of the proceeds of the bonds about to be issued, upon their issuance, as is needed to achieve the maximum debt service reserve. The authority may at any time issue its bonds, notes or other obligations for the purpose of providing any amount necessary to increase the amount in the capital reserve fund to the maximum debt service reserve, or to meet such higher or additional reserve as may be fixed by the authority with respect to the fund.

f. In order to assure the maintenance of the maximum debt service reserve in the capital reserve fund, there shall be appropriated annually and paid to the authority for deposit in the fund, such sum, if any, as shall be certified by the chairperson of the Board of Higher Education Student Assistance Authority to the Governor as necessary to restore the fund to an amount equal to the maximum debt service reserve. The chairperson shall annually, on or before December 1, make and deliver to the Governor a certificate stating the sums, if any, required to restore the fund to the amount equal to the maximum debt service reserve, and the sum or sums so certified shall be appropriated and paid to the authority during the then current State fiscal year.

g. The capital reserve fund shall be kept separate from any other reserve fund established by the authority and shall not be subject to the provisions of N.J.S.18A:71A-24.

##### **§ 18A:71A-26** Dissolution. {#sec-18a-71a-26 omnilex-key=us-nj-statutes--title-18a--18A:71A-26}

Should the Legislature act to dissolve the authority, the dissolution shall not be complete until all loans guaranteed have been paid by the borrower, or if in default, by the authority. Thereafter, upon dissolution of the authority, or the cessation of its activities, all assets of the authority, after payment and discharge of its debts and other liabilities, shall be distributed to the State, for exclusively public purposes, or distributed for one or more exempt purposes within the meaning of paragraph (3) of subsection (c) of section 501of the federal Internal Revenue Code of 1986, 26 U.S.C.s.501.

##### **§ 18A:71A-27** Effect of partial invalidity; severability. {#sec-18a-71a-27 omnilex-key=us-nj-statutes--title-18a--18A:71A-27}

If any clause, sentence, article, paragraph, section or part of this act be adjudged to be unconstitutional or invalid, that judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, article, paragraph, section or part thereof directly involved in the controversy in which the judgment has been rendered.

##### **§ 18A:71A-28** Transfer of functions, powers and duties of office of student assistance. {#sec-18a-71a-28 omnilex-key=us-nj-statutes--title-18a--18A:71A-28}

a. The Office of Student Assistance in, but not of, the Department of the Treasury is abolished and all its functions, powers, duties and employees are transferred to the Higher Education Student Assistance Authority in, but not of, the Department of State.

b. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Office of Student Assistance or officers thereof in, but not of, the Department of the Treasury, the same shall mean and refer to the Higher Education Student Assistance Authority or the officers thereof in, but not of, the Department of State.

c. Nothing in this act shall be construed to alter the terms and conditions, rights or remedies of any loan, grant or scholarship made by the Office of Student Assistance.

d. This transfer shall be subject to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.)

##### **§ 18A:71A-29** Transfer of Functions, powers and duties of student assistance board. {#sec-18a-71a-29 omnilex-key=us-nj-statutes--title-18a--18A:71A-29}

a. The Student Assistance Board in, but not of, the Department of the Treasury established pursuant to section 1 of P.L.1977, c.330 (C.18A:71-15.1), is abolished and all its functions, powers and duties are transferred to the Higher Education Student Assistance Authority in, but not of, the Department of State.

b. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Student Assistance Board in, but not of, the Department of the Treasury, the same shall mean and refer to the Higher Education Student Assistance Authority in, but not of, the Department of State.

c. Nothing in this act shall be construed to alter the terms and conditions of any loan, grant or scholarship made to students through the board.

d. This transfer shall be subject to the provisions of the "State Agency Transfer Act", P.L.1971, c.375 (C.52:14D-1 et seq.).

##### **§ 18A:71A-30** Transfer of functions, powers and duties of higher education assistance authority. {#sec-18a-71a-30 omnilex-key=us-nj-statutes--title-18a--18A:71A-30}

a. The Higher Education Assistance Authority in, but not of, the Department of the Treasury, established pursuant to N.J.S.18A:72-3, is abolished and all its functions, powers and duties are transferred to the Higher Education Student Assistance Authority in, but not of, the Department of State.

b. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Higher Education Assistance Authority or the officers thereof in, but not of, the Department of the Treasury, the same shall mean and refer to the Higher Education Student Assistance Authority or the officers thereof in, but not of, the Department of State.

c. Nothing in this act shall be construed to alter the terms and conditions of loans made to students by the authority. Nothing in this act shall be construed to alter the terms, conditions, rights, or remedies of any obligation issued by the authority.

d. This transfer shall be subject to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).

##### **§ 18A:71A-31** Abolishment of executive director of student assistance programs. {#sec-18a-71a-31 omnilex-key=us-nj-statutes--title-18a--18A:71A-31}

The Office of the Executive Director of Student Assistance Programs in the Office of Student Assistance, established pursuant to subsection b. of section 17 of P.L.1994, c.48 (C.18A:3B-17), is hereby abolished.

##### **§ 18A:71A-32** Construction of law. {#sec-18a-71a-32 omnilex-key=us-nj-statutes--title-18a--18A:71A-32}

The enactment of this revision law shall not:

a. affect the tenure, compensation and pension rights, if any, of the lawful holder thereof, in any position held in the Office of Student Assistance on the effective date of this act and not specifically abolished in this act;

b. alter the term of any employee of the Office of Student Assistance, lawfully employed as of the effective date of this act;

c. alter any terms or conditions of any student loans, grants or scholarships;

d. alter any rights or obligations arising from any law, rule, regulation, order, contract, loan, grant, document, judicial or administrative proceeding.

##### **§ 18A:71A-33** Higher Education Student Assistance Authority to be responsible for implementation. {#sec-18a-71a-33 omnilex-key=us-nj-statutes--title-18a--18A:71A-33}

The Higher Education Student Assistance Authority, with the aid of any department or officer thereof, if requested, shall be responsible for any administrative, fiscal and personnel actions necessary to implement the provisions of this act.

##### **§ 18A:71A-34** Limitation on powers of authority; bond holders protected. {#sec-18a-71a-34 omnilex-key=us-nj-statutes--title-18a--18A:71A-34}

The powers conferred in this act upon the Higher Education Student Assistance Authority shall be exercised with due regard for the rights of the holders of bonds of this State or any authority thereof, at any time outstanding, and nothing in, or done pursuant to this act, shall in any way limit, restrict, or alter the obligation or powers of the State or its authorities to carry out and perform in every detail each and every covenant, agreement or contract at any time made or entered into by, or on behalf of the State or any authority thereof with respect to its bonds or for the benefit, protection or security of the holders thereof.

##### **§ 18A:71A-35** Development, distribution of student loan repayment information document. {#sec-18a-71a-35 omnilex-key=us-nj-statutes--title-18a--18A:71A-35}

1. a. The Higher Education Student Assistance Authority shall develop a student loan repayment information document. The document shall include, but need not be limited to: examples of monthly and annual loan payments required for State, federal, and private student loans, whether subsidized or unsubsidized, based on various principal loan amounts and current interest rates; information on the time period it would take to fully repay those loans based on various loan repayment schedules; definitions of fixed rate loans, variable rate loans, and consolidation loans; and information on the consequences and penalties of defaulting on a student loan.

The authority shall: post the document on its website; transmit the document via electronic mail to each school district that includes grades 9 through 12 and nonpublic high schools by October 1 of each school year; and update the document as appropriate, but no less frequently than every five years.

b. A school district and a nonpublic high school shall annually disseminate the document developed pursuant to subsection a. of this section to each student in the 11th and 12th grades.

## **Chapter 71B** {#struct-chapter-71b}

##### **§ 18A:71B-1** Eligible institution defined. {#sec-18a-71b-1 omnilex-key=us-nj-statutes--title-18a--18A:71B-1}

Unless otherwise restricted by the authority by regulation, "eligible institution" for purposes of this chapter only means an institution of higher education in this State that is licensed by the Commission on Higher Education and accredited or preaccredited by a nationally recognized accrediting association. Eligible institution shall also include certain proprietary institutions but only for certain degree granting programs as approved by the commission.

##### **§ 18A:71B-2** Student eligibility. {#sec-18a-71b-2 omnilex-key=us-nj-statutes--title-18a--18A:71B-2}

a. A student who is enrolled in an eligible institution and who is eligible for and receives any form of student financial aid through a program administered by the State under this chapter shall be considered to remain domiciled in New Jersey and eligible for continued financial assistance notwithstanding the fact that the student is financially dependent upon the student's parents or guardians and that the parents or guardians change their domicile to another State.

b. A person shall not be awarded financial aid under this chapter unless the person has been a resident of this State for a period of not less than 12 months immediately prior to receiving the financial aid.

c. A person shall not be awarded student financial aid under this chapter unless the person is a United States citizen or eligible noncitizen, as determined under 20 U.S.C.s.1091. The authority shall determine whether persons who were eligible noncitizens prior to the effective date of the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," Pub.L.104-193, but not after that date, shall continue to be eligible for student financial aid under this chapter.

d. A person who is incarcerated shall be eligible for student financial aid under this chapter provided that:

(1) the person had been a resident of this State for a period of not less than 12 months immediately prior to the date of incarceration;

(2) the person is a State-sentenced inmate; and

(3) the person receives approval from the Department of Corrections to enroll in an eligible institution.

##### **§ 18A:71B-2.1** Eligibility for State student financial assistance programs. {#sec-18a-71b-2.1 omnilex-key=us-nj-statutes--title-18a--18A:71B-2.1}

1. a. Notwithstanding the provisions of N.J.S.18A:71B-2 or any other law or regulation to the contrary, a student who meets the requirements of P.L.2013, c.170 (C.18A:62-4.4), or in the case of a student enrolled in an independent institution of higher education meets all of the requirements of P.L.2013, c.170 (C.18A:62-4.4) except for the requirement to enroll in a public institution of higher education, is eligible to apply for, and participate in, any student financial aid program administered by the Higher Education Student Assistance Authority or the Secretary of Higher Education to the full extent permitted by federal law. The Legislature finds and declares that this section is a state law within the meaning of section 411(d) of the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996" (8 U.S.C. s.1621(d)).

b. The Higher Education Student Assistance Authority and the Secretary of Higher Education shall establish procedures and forms that enable students who meet the requirements of subsection a. of this section to apply for, and participate in, all student financial aid programs administered by the Higher Education Student Assistance Authority and the Secretary of Higher Education to the full extent permitted by federal law. The procedures and forms shall be posted on the websites of the Higher Education Student Assistance Authority and the Office of the Secretary of Higher Education.

c. The procedures and forms established by the Higher Education Student Assistance Authority and the Secretary of Higher Education pursuant to this section shall not discriminate against eligible students based on the immigration status or national origin of the student or the student's parent or guardian.

d. Except as required by State or federal law, the Higher Education Student Assistance Authority and the Secretary of Higher Education shall not request information from any student about the citizenship or immigration status of the student or the student's parent or guardian.

e. The Higher Education Student Assistance Authority and the Secretary of Higher Education shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this act.

##### **§ 18A:71B-2.2** Short title. {#sec-18a-71b-2.2 omnilex-key=us-nj-statutes--title-18a--18A:71B-2.2}

1. This act shall be known and may be cited as the "Higher Education Citizenship Equality Act."

##### **§ 18A:71B-2.3** Criteria for determining eligibility for State student grant, scholarship. {#sec-18a-71b-2.3 omnilex-key=us-nj-statutes--title-18a--18A:71B-2.3}

2. a. A dependent student shall be considered domiciled in this State for the purposes of determining eligibility for a State student grant or scholarship if the student meets the following criteria:

(1) the student is a United States citizen or an eligible noncitizen, as determined under 20 U.S.C. s.1091;

(2) the student and the student's parent have resided in the State for a period of not less than 12 consecutive months immediately prior to the academic period for which State student assistance is being requested; and

(3) the student's parent or guardian provides the Higher Education Student Assistance Authority, upon request, with documentation to verify income and assets.

b. Any procedures and forms established by the Higher Education Student Assistance Authority and the Secretary of Higher Education for the purposes of this section shall not discriminate against eligible students based on the immigration status or national origin of the student or the student's parent or guardian.

c. Nothing in this section shall be construed to affect the eligibility for a State student grant or scholarship of any student who does not meet the requirements of this section but is otherwise eligible for State student assistance in accordance with law or regulation.

##### **§ 18A:71B-2.4** HESSA to exclude spring 2020 semester for lifetime eligibility of financial aid. {#sec-18a-71b-2.4 omnilex-key=us-nj-statutes--title-18a--18A:71B-2.4}

1. The Higher Education Student Assistance Authority shall exclude the spring 2020 semester from a student's total lifetime eligibility limits for all State financial aid programs administered pursuant to N.J.S.18A:71B-1 et seq., if the student was unable to complete the semester due to the public health state of emergency declared to exist in New Jersey by Executive Order 103 dated March 9, 2020.

##### **§ 18A:71B-2.5** Parents of dependent students required to submit financial information. {#sec-18a-71b-2.5 omnilex-key=us-nj-statutes--title-18a--18A:71B-2.5}

1. a. In the event that a student who is enrolled in or planning to enroll in an institution of higher education in the State is considered by the Higher Education Student Assistance Authority to be a dependent of his parent, and the student seeks to apply for any student financial aid programs offered by the federal or State government, the student's parent shall provide the Higher Education Student Assistance Authority with a completed financial aid application.

b. Each institution of higher education shall notify the executive director of the Higher Education Student Assistance Authority of all students who report that their parent has refused to provide information to complete a financial aid application in accordance with subsection a. of this section. The executive director shall send written notification to those parents that failure to submit a completed financial aid application on behalf of a dependent will result in the assessment of a civil penalty pursuant to subsection c. of this section.

c. Any person who willfully fails to disclose information required pursuant to subsection a. of this section shall be subject to a civil penalty of not more than $500 which shall be collected in proceedings in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

d. (1) Any civil penalty collected pursuant to subsection c. of this section shall be conveyed to the authority to transfer to the student's account at the institution of higher education at which the student is enrolled or is planning to enroll.

(2) In the event that a student does not enroll, or is no longer enrolled, at an institution of higher education at the time a civil penalty is collected pursuant to subsection c. of this section, the civil penalty shall be made available to the authority for the purposes of student assistance programs administered by the authority.

##### **§ 18A:71B-2.6** Certain students qualified for student financial aid, grant, scholarship program. {#sec-18a-71b-2.6 omnilex-key=us-nj-statutes--title-18a--18A:71B-2.6}

2. Notwithstanding the provisions of any other section of law to the contrary, a student who is a victim of trafficking, domestic violence, or other serious crime who has been granted a status under 8 U.S.C. s.1101 (a)(15)(T) or 8 U.S.C. s.1101 (a)(15)(U) shall be eligible to participate in any student financial aid, grant, or scholarship program under chapter 71B of Title 18A of the New Jersey Statutes, provided the student meets the conditions set forth in paragraphs (1) through (4) of subsection a. of section 1 of P.L.2013, c.170 (C.18A:62-4.4).

##### **§ 18A:71B-3** Discrimination forbidden. {#sec-18a-71b-3 omnilex-key=us-nj-statutes--title-18a--18A:71B-3}

Financial aid under this chapter shall be awarded without regard to race, religion, creed, age, sex, national origin, or disability.

##### **§ 18A:71B-4** Academic year defined. {#sec-18a-71b-4 omnilex-key=us-nj-statutes--title-18a--18A:71B-4}

a. An academic year for the purpose of this chapter means the period between the time the institution which the student is attending opens after the general summer vacation until the beginning of the next succeeding summer vacation.

b. In case an institution operates on a full calendar-year program, the academic year shall be determined in accordance with rules adopted by the authority, but in no case shall be less than one-fifth of the time required for the completion of a five-year program, or one-fourth of the time required for the four-year program in an institution operating on an academic year as defined in subsection a. of this section.

##### **§ 18A:71B-5** Notification of authority in the case of withdrawal or change in status. {#sec-18a-71b-5 omnilex-key=us-nj-statutes--title-18a--18A:71B-5}

In the event a student for any reason ceases to continue to be enrolled or otherwise becomes ineligible during the course of an academic year, the student shall cease to be eligible for financial aid under this chapter. Both the student and the institution shall have the responsibility to notify the authority when a student ceases to be eligible to receive student assistance because of withdrawal for any reason or a change in status from a full to part-time student.

##### **§ 18A:71B-5.1** Waiver of amounts student required to return to HESAA. {#sec-18a-71b-5.1 omnilex-key=us-nj-statutes--title-18a--18A:71B-5.1}

2. The Higher Education Student Assistance Authority shall waive the amounts that a student is required to return under N.J.S.18A:71B-5, if the institution has already disbursed the student's State financial aid and the student withdraws or reduces his credits to below full-time, or in the case of a part-time State tuition aid grant reduces his credits to below half-time, due to the public health state of emergency declared to exist in New Jersey by Executive Order 103 dated March 9, 2020.

##### **§ 18A:71B-7** Rules and regulations. {#sec-18a-71b-7 omnilex-key=us-nj-statutes--title-18a--18A:71B-7}

The Higher Education Student Assistance Authority shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), which are necessary to carry out the provisions of N.J.S.18A:71B-6.

##### **§ 18A:71B-8** Compliance with terms and conditions of financial aid. {#sec-18a-71b-8 omnilex-key=us-nj-statutes--title-18a--18A:71B-8}

A person shall not be awarded financial aid under this chapter unless the person has complied with all the regulations, rules, and requirements adopted by the authority for the award, regulation and administration of financial aid programs under this chapter.

##### **§ 18A:71B-9** False information; penalty. {#sec-18a-71b-9 omnilex-key=us-nj-statutes--title-18a--18A:71B-9}

A person who knowingly and willfully furnishes any false or misleading information for the purpose of obtaining a scholarship or tuition assistance grant, or of enabling another to obtain a scholarship or tuition assistance grant under any program administered by the authority shall be guilty of a crime of the fourth degree. A statement to this effect shall be distributed with all State application forms utilized for any State scholarship or grant programs administered by the authority.

##### **§ 18A:71B-10** Collection of overpayments and ineligible payments of financial aid. {#sec-18a-71b-10 omnilex-key=us-nj-statutes--title-18a--18A:71B-10}

Because the institution is responsible for ensuring a student's eligibility for financial aid awarded under this chapter, the institution shall be responsible for collecting any State awards which are overpayments or any State awards for which the student is ineligible in whole or in part. In the event an institution is unable to collect an overpayment or ineligible payment from the student, the institution may request the authority to collect the debt from the student. If the institution demonstrates to the authority that it has made a good faith effort to collect the debt, the authority may, on a case by case basis, approve this request. If the authority approves this request from an institution, the authority may use collection procedures that include, but are not limited to, the procedures set forth under N.J.S.18A:71C-1 through N.J.S.18A:71C-20.

##### **§ 18A:71B-11** Scholarships created. {#sec-18a-71b-11 omnilex-key=us-nj-statutes--title-18a--18A:71B-11}

There are hereby created Garden State Scholarships which shall be maintained by the State, awarded to secondary school students with records of distinguished achievement and promise, and used for undergraduate study in eligible institutions. These scholarships may be awarded on the basis of indicators of academic merit defined by the authority without consideration of financial need.

##### **§ 18A:71B-12** Administration by the authority. {#sec-18a-71b-12 omnilex-key=us-nj-statutes--title-18a--18A:71B-12}

The authority shall administer the provisions of this article, establish criteria, methodology and guidelines for awarding Garden State Scholarships, adopt rules and regulations, and prescribe and provide appropriate forms for application for Garden State Scholarships.

##### **§ 18A:71B-13** Criteria, methodology and guidelines; revisions. {#sec-18a-71b-13 omnilex-key=us-nj-statutes--title-18a--18A:71B-13}

Any revisions to criteria, methodology and guidelines in effect at the date this act becomes effective shall, after consultation with the Commission on Higher Education, be submitted to the Legislature by the authority, together with appropriate supporting information, and the criteria, methodology, and guidelines shall be deemed approved by the Legislature at the end of 60 calendar days after the date on which they are transmitted to the Legislature, or if the Legislature is not in session on the sixtieth day, then on the next succeeding day on which it is meeting, unless between the date of transmittal and the end of the 60-day period the Legislature passes a concurrent resolution rejecting the criteria, methodology and guidelines in which case the criteria, methodology and guidelines then in effect shall continue in effect.

##### **§ 18A:71B-14** Award of scholarships. {#sec-18a-71b-14 omnilex-key=us-nj-statutes--title-18a--18A:71B-14}

As determined by the authority and subject to the amount of appropriations available therefor, a Garden State Scholarship shall be awarded annually to each eligible New Jersey resident enrolled as a full-time undergraduate in a curriculum leading to a degree or certificate in an eligible institution.

##### **§ 18A:71B-15** Renewal of scholarships. {#sec-18a-71b-15 omnilex-key=us-nj-statutes--title-18a--18A:71B-15}

Each Garden State Scholarship awarded shall be renewable annually for up to four years except that, in the case of a scholarship holder who is enrolled in a course of study required by the institution to cover five years, the period of the scholarship shall be the length of time regularly required for the completion of the course of study, but each scholarship shall remain in effect only during such period as the undergraduate holder thereof achieves satisfactory academic progress as defined by the institution, continues to meet the eligibility criteria and guidelines established pursuant to N.J.S.18A:71B-12, and is regularly enrolled as a full-time student in an eligible institution.

##### **§ 18A:71B-16** Amount of scholarship; payments. {#sec-18a-71b-16 omnilex-key=us-nj-statutes--title-18a--18A:71B-16}

A Garden State Scholarship shall entitle the recipient to an award in an amount established by the authority pursuant to N.J.S.18A:71B-12, and subject to the amount of appropriations available therefor. Payments under this article shall be made by the State Treasurer on the order of the executive director in accordance with the rules adopted by the authority.

##### **§ 18A:71B-17** Limitation. {#sec-18a-71b-17 omnilex-key=us-nj-statutes--title-18a--18A:71B-17}

A Garden State Scholarship shall not, when combined with any other financial assistance, exceed, except for a nominal amount as determined by the authority, the student's cost of attendance at the institution where the grants are used.

##### **§ 18A:71B-18** Grants created; use. {#sec-18a-71b-18 omnilex-key=us-nj-statutes--title-18a--18A:71B-18}

There are hereby created State tuition aid grants which shall be maintained by the State, awarded and administered pursuant to this act, and used by the holders thereof for undergraduate study in eligible institutions.

##### **§ 18A:71B-19** Administration of provisions. {#sec-18a-71b-19 omnilex-key=us-nj-statutes--title-18a--18A:71B-19}

The authority shall administer the provisions of this article, adopt rules and regulations, and prescribe and provide appropriate forms for application for State tuition aid grants.

##### **§ 18A:71B-19.1** Provision of certain information by certain institutions. {#sec-18a-71b-19.1 omnilex-key=us-nj-statutes--title-18a--18A:71B-19.1}

1. An institution of higher education and a proprietary degree-granting institution shall annually provide the Higher Education Student Assistance Authority with detailed information on the graduation rates of State tuition aid grant recipients. In the case of a county college, the college shall also provide the authority with the transfer rates of the State tuition aid grant recipients. An institution shall provide the information in such form as determined by the authority.

The authority shall post the information provided by each institution for public inspection on its website.

##### **§ 18A:71B-20** Eligibility, prerequisite. {#sec-18a-71b-20 omnilex-key=us-nj-statutes--title-18a--18A:71B-20}

a. A State tuition aid grant shall be awarded annually to each eligible, qualified full-time undergraduate student enrolled in a curriculum leading to a degree or certificate in an eligible institution, or in an institution of higher education in another state, provided that state permits its residents to utilize its state student financial assistance grants in New Jersey institutions of higher education through reciprocity agreements approved by the authority. In no event shall a State tuition aid grant be utilized at an out-of-State institution which is not licensed by that state and accredited by a regional accrediting association recognized by a national accrediting organization.

b. To each New Jersey resident enrolled as a full-time student, except as otherwise provided in subsection d. of this section, and meeting the other requirements for eligibility under this chapter, the State shall grant an amount as provided in N.J.S.18A:71B-21. A student shall not be eligible for a grant unless the application is in a form satisfactory to the authority. A student shall not be eligible for grants for more than four and one-half academic years, unless the recipient is enrolled in an undergraduate program regularly requiring five academic years for completion, in which case the authority shall permit five and one-half years of eligibility. Notwithstanding the foregoing provisions, a student receiving aid under the provisions of P.L.1968, c.142 (C.18A:71-28 et seq.) shall be entitled to a sixth year of eligibility. Notwithstanding the foregoing provisions, a county college student who transfers to a four-year institution, or any student who is required to pursue 18 or more credit hours in a remedial or developmental curriculum, as defined by regulations adopted by the authority, is entitled to an additional half year of eligibility. For the purpose of this article, a remedial curriculum shall include only noncredit courses in which a student is directed to enroll by the institution. Eligibility for tuition aid grants may be extended to part-time students through regulations developed by the authority if funds are separately appropriated for this purpose. A student shall not be eligible for grants unless the student maintains such minimum standards of academic performance as are required by the institution of enrollment. A student who is enrolled in a course leading to a degree in theology or divinity shall not be eligible for a tuition aid grant.

c. A person shall not be awarded a State tuition aid grant unless that person:

(1) satisfies the residency and other requirements provided in article 1 of this part;

(2) has applied for State tuition aid and has been determined by the authority to be eligible for the tuition aid;

(3) has demonstrated financial need for the tuition aid as determined by and in accordance with standards to be established by the authority; and

(4) maintains satisfactory academic progress in accordance with standards established by the authority.

d. Eligibility criteria for summer tuition aid grants awarded pursuant to section 2 of P.L.2023, c.34 (C.18A:71B-20a) shall conform to the requirements of this section and shall include the following additional eligibility criteria:

(1) the student is enrolled in six or more credit hours in the summer term;

(2) the courses for which the summer tuition aid grant is to be applied are in the same undergraduate program at the same institution in which the student was enrolled during the student's most recent semester of enrollment in the preceding academic year; and

(3) the courses for which the summer tuition aid grant is to be applied may be credited toward the student's graduation or academic major requirements.

##### **§ 18A:71B-20a** Summer tuition aid grants. {#sec-18a-71b-20a omnilex-key=us-nj-statutes--title-18a--18A:71B-20a}

2. a. The authority shall annually award summer tuition aid grants for eligible students pursuant to N.J.S.18A:71B-20. A summer tuition aid grant shall be applied toward the tuition costs outside of the academic year, as defined in N.J.S.18A:71B-4. The receipt of a summer tuition aid grant shall not: (1) reduce the amount of a tuition aid grant awarded to the student during the academic year; (2) be included when determining the student's maximum tuition aid grant awards pursuant to subsection b. of this section; or (3) otherwise adversely affect the student's eligibility for an award under this chapter.

b. A summer tuition aid grant shall be prorated against the full-time tuition aid grant awarded in the preceding semester as follows: an eligible student enrolled with six to eight credits shall receive one-half of the value of a full-time award, and an eligible student enrolled with nine to 11 credits shall receive three-quarters of a full-time award.

c. Summer tuition aid grants awarded for the summer 2023 semester pursuant to this section shall be funded by the appropriation made to the authority pursuant to section 3 of P.L.2023, c.34 and any additional amounts as may be required from the unexpended balance of funds previously awarded for tuition aid grants as of the effective date of P.L.2023, c.34 (C.18A:71B-20 et al.). The Legislature may award funds in addition to those appropriated to the authority pursuant to section 3 of P.L.2023, c.34 by a separate line item.

d. Summer tuition aid grants awarded for the summer 2024 semester pursuant to this section shall be funded by any amounts as may be required from the unexpended balance of funds appropriated in fiscal year 2024 for the purpose of providing tuition aid grants in the fall 2023 and spring 2024 semesters. The Legislature may appropriate additional funds to the authority as may be necessary to fund summer tuition aid grants awarded for the summer 2024 semester pursuant to this section by a separate line item.

e. Beginning with the summer 2025 semester, summer tuition aid grants awarded pursuant to this section shall be funded by a separate line item in the annual appropriations act.

##### **§ 18A:71B-20.1** Tuition aid grant eligibility for children of persons transferred to a military installation in New Jersey. {#sec-18a-71b-20.1 omnilex-key=us-nj-statutes--title-18a--18A:71B-20.1}

1. Notwithstanding the provisions of section 1 of P.L.1979, c.361 (C.18A:62-4) or any other law to the contrary, a dependent child of a parent or guardian who has been transferred to a military installation located in this State shall be considered a resident of this State for the purposes of qualifying for a State tuition aid grant pursuant to N.J.S.18A:71B-18 et seq.

##### **§ 18A:71B-20.2** Certain information solicited from financial aid applicant. {#sec-18a-71b-20.2 omnilex-key=us-nj-statutes--title-18a--18A:71B-20.2}

1. The Higher Education Student Assistance Authority shall solicit from a financial aid applicant, information on whether he received an early withdrawal from a qualified retirement plan under the Internal Revenue Code of 1986, such as an individual retirement account or a 401(k) plan, and the amount thereof. If an early withdrawal was received, the amount of the early withdrawal, less the amount of any federal income tax credit claimed by the applicant for a tax penalty assessed on the early withdrawal, shall be deducted from the adjusted gross income utilized by the authority to determine the applicant's eligibility for, and the amount of, a State tuition aid grant. This exclusion shall only be permitted if the applicant provides documentation that the early withdrawal was taken due to an economic hardship, as determined by the authority.

##### **§ 18A:71B-21** Amount of grant; reduction of award. {#sec-18a-71b-21 omnilex-key=us-nj-statutes--title-18a--18A:71B-21}

a. The amount of a tuition aid grant awarded under this article to any student attending an eligible institution shall be established by the authority, but shall not exceed the maximum amount of tuition normally charged at a public institution of higher education for students attending that institution or 50% of the average tuition normally charged at the independent institutions of higher education for students attending those institutions. The amount of a State tuition aid grant awarded under this act to any student attending an institution of higher education in any state other than New Jersey pursuant to this section shall not exceed $500 in an academic year. The amount of grant to be paid for each semester or its equivalent shall be based on the financial need for the grant, as determined by standards and procedures established by the authority, and subject to the amount of appropriations available therefor.

b. Appropriations for each program category of tuition aid grants shall be separately made by line item.

c. State tuition aid grants shall be awarded by the authority to all eligible applicants without any limitation on the number to be awarded in any year other than the amount of appropriations available therefor. In the event that the amount appropriated is insufficient for full awards to all eligible applicants, the authority, in consultation with the Commission on Higher Education, shall reduce awards equitably among eligible students according to such procedures and guidelines as it shall establish. Any revisions of procedures and guidelines in effect as of the effective date of this act shall be submitted on or before March 1 of the prebudget year by the executive director of the authority to the Joint Budget Oversight Committee of the Legislature, or its successor, together with supporting information. The revised criteria and guidelines may be approved or disapproved by the Joint Budget Oversight Committee, or its successor, at any time; provided that if at the end of a 60-calendar day period after the date on which the revisions are transmitted to the committee, the committee has taken no action, the proposed revised criteria and guidelines shall be deemed to be approved by the committee.

##### **§ 18A:71B-22** Construction of article. {#sec-18a-71b-22 omnilex-key=us-nj-statutes--title-18a--18A:71B-22}

This article shall not be construed as granting any authority to control or influence the policies of any educational institution because it accepts students receiving tuition aid grants, nor as requiring any institution to admit or once admitted to continue in the institution any tuition aid recipient.

##### **§ 18A:71B-23** Scholarships for undergraduate education; eligibility. {#sec-18a-71b-23 omnilex-key=us-nj-statutes--title-18a--18A:71B-23}

Any child or surviving spouse of a member or officer of a New Jersey volunteer fire company, volunteer first aid or rescue squad or municipal fire, police, county police or park police department, State fire service or of the division of State police, or of a permanent, active and full-time officer employee of this State or any political subdivision thereof holding the following titles: State investigator, correction officer, recruit, senior correction officer, sergeant, lieutenant, captain, correction officer duty keeper, court attendant and sheriff's officer, court attendant and sheriff's officer lieutenant, court attendant and sheriff's officer captain, court attendant and sheriff's officer deputy chief, prosecutor's detective, prosecutor's investigator, narcotics officer, marine patrolman, senior marine patrolman, principal marine patrolman, chief, bureau of marine law enforcement, or who is an inspector, assistant, technician, supervisor or superintendent with respect to the enforcement and regulation of weights and measures, or civil defense or disaster control worker, which member, officer or worker was killed in the performance of his duties as a member of such company, squad or fire or police department or division, or worker in a civil defense or disaster control unit, upon such child or surviving spouse being accepted to pursue a course of undergraduate study in any public institution of higher education of this State, as enumerated in N.J.S.18A:62-1, shall, while enrolled as an undergraduate student in good standing at the institution, have the tuition paid by the State; or upon that child or surviving spouse being accepted to pursue a course of undergraduate study at any independent institution of higher education located in the State, shall, while enrolled as an undergraduate in good standing at that independent institution of higher education, have that part of the tuition which is not more than the highest tuition charged at the public institutions of higher education in this State, enumerated in N.J.S.18A:62-1, paid by the State.

Eligibility for this program shall be limited to a period of eight years following graduation from high school, in the case of a child, pursuant to rules and regulations established by the authority. There shall be no time limit on eligibility for this program in the case of a surviving spouse.

##### **§ 18A:71B-23.1** Short title. {#sec-18a-71b-23.1 omnilex-key=us-nj-statutes--title-18a--18A:71B-23.1}

1. This act shall be known and may be cited as the "New Jersey World Trade Center Scholarship Program Act."

##### **§ 18A:71B-23.2** Definitions relative to "New Jersey World Trade Center Scholarship Program Act." {#sec-18a-71b-23.2 omnilex-key=us-nj-statutes--title-18a--18A:71B-23.2}

2. As used in this act:

"Institution of higher education" means an institution of higher education licensed by the appropriate agency or department and accredited or preaccredited by a nationally recognized accrediting association. An institution of higher education shall also include certain proprietary institutions, but only for degree granting programs approved by the Commission on Higher Education or other proprietary institutions as determined by the authority.

"Authority" means the Higher Education Student Assistance Authority established pursuant to N.J.S.18A:71A-1 et seq.

##### **§ 18A:71B-23.3** New Jersey World Trade Center Scholarship Fund. {#sec-18a-71b-23.3 omnilex-key=us-nj-statutes--title-18a--18A:71B-23.3}

3. a. There is established in the Higher Education Student Assistance Authority a nonlapsing fund which shall be known as the New Jersey World Trade Center Scholarship Fund. The fund shall be administered by the board of trustees established pursuant to section 4 of this act.

b. The fund shall consist of: all moneys appropriated by the Legislature for inclusion in the fund; investment earnings of the fund; and moneys contributed to the fund by private sources, to be used for the purposes of this act. The moneys in the fund shall be invested and reinvested by the Director of the Division of Investment in the Department of the Treasury.

##### **§ 18A:71B-23.4** Board of Trustees; membership; duties; responsibilities. {#sec-18a-71b-23.4 omnilex-key=us-nj-statutes--title-18a--18A:71B-23.4}

4. a. The board of trustees of the New Jersey World Trade Center Scholarship Fund shall consist of the State Treasurer, or a designee, and ten public members appointed as follows: two by the President of the Senate, two by the Speaker of the General Assembly and six by the Governor, with the advice and consent of the Senate. Seven of the public members shall be persons who were directly affected by the terrorist attacks on the United States on September 11, 2001. Two of the public members shall be named by the Governor to serve as co-chairpersons of the board.

b. Each public member of the board shall serve for a term of four years and until a successor shall have been appointed and qualified; except that of the first members appointed, two shall serve for one year, two shall serve for two years, three shall serve for three years and three shall serve for four years. Any vacancy in the membership of the board shall be filled in the same manner as the original appointment for the remainder of the unexpired term.

c. Members of the board shall serve without compensation but shall be entitled to be reimbursed for all reasonable and necessary expenses incurred in the discharge of their duties.

d. The board shall have the following duties and responsibilities:

(1) establish criteria for the determination of eligibility for a scholarship from the fund;

(2) establish procedures for determining the amount of each scholarship award, based on the financial need of the applicant and the resources available to the applicant to meet his higher education costs;

(3) report annually to the Governor and the Legislature on the performance of its duties in accordance with the provisions of this act;

(4) solicit and raise private funds to finance the New Jersey World Trade Center Scholarship Program; and

(5) receive and disburse such contributions to the fund as may be forthcoming from private and public sources.

##### **§ 18A:71B-23.5** Awarding of scholarships. {#sec-18a-71b-23.5 omnilex-key=us-nj-statutes--title-18a--18A:71B-23.5}

5. a. The board is hereby authorized to award scholarships from the fund for the costs of undergraduate study at an institution of higher education to the dependent children or surviving spouses of persons who were New Jersey residents on September 11, 2001 and:

(1) who were killed in the terrorist attack on the United States on September 11, 2001; or

(2) who died as a result of injuries received in the attack; or

(3) who died as a result of illness caused by exposure to the attack sites, as established in medical records or other appropriate documentation as required by the board; or

(4) who are missing and officially presumed dead as a direct result of the attack.

The terrorist attack on the United States shall include the hijackings of American Airlines Flight 11, American Airlines Flight 77, United Airlines Flight 93 and United Airlines Flight 175 and the subsequent crashes at the World Trade Center in New York City, the Pentagon in Washington, D.C. and in Somerset County, Pennsylvania.

b. Scholarships from the fund may be awarded annually upon proper application to the fund to any student who qualifies under the criteria developed by the board.

##### **§ 18A:71B-23.6** Conditions for awarding of scholarship. {#sec-18a-71b-23.6 omnilex-key=us-nj-statutes--title-18a--18A:71B-23.6}

6. a. A New Jersey World Trade Center scholarship shall not be awarded to an applicant unless the applicant has demonstrated to the satisfaction of the board that the applicant:

(1) will be or is enrolled in a full-time undergraduate program of study leading to a degree at an institution of higher education; and

(2) has complied with all rules and regulations adopted pursuant to this act for the award, regulation and administration of scholarships from the fund.

b. Eligibility for a scholarship, in the case of a surviving spouse, shall be limited to a period of eight years from the date of death of the person for initial receipt of the benefits under the program. In the case of a dependent child, eligibility shall be limited to a period of eight years following graduation from high school.

##### **§ 18A:71B-23.7** Rules, regulations. {#sec-18a-71b-23.7 omnilex-key=us-nj-statutes--title-18a--18A:71B-23.7}

7. The Higher Education Student Assistance Authority shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary for the administration of this act.

##### **§ 18A:71B-24** Appropriation of funds. {#sec-18a-71b-24 omnilex-key=us-nj-statutes--title-18a--18A:71B-24}

There shall be appropriated to the authority in any general or supplemental appropriation act such sums as shall be necessary to carry out the purposes of N.J.S.18A:71B-23.

##### **§ 18A:71B-24.1** Short title {#sec-18a-71b-24.1 omnilex-key=us-nj-statutes--title-18a--18A:71B-24.1}

1. This act shall be known and may be cited as the "Law Enforcement Officers' Memorial Scholarship Act of 2000."

##### **§ 18A:71B-24.2** Law Enforcement Officer Memorial Scholarships Program {#sec-18a-71b-24.2 omnilex-key=us-nj-statutes--title-18a--18A:71B-24.2}

5. a. There is created the Law Enforcement Officer Memorial Scholarships Program. These scholarships shall be awarded, pursuant to the provisions of this act, to the children of New Jersey law enforcement officers who were killed in the line of duty. The New Jersey Higher Education Student Assistance Authority, in but not of the Department of State, and established pursuant to N.J.S.18A:71A-3, shall administer this program.

b. Law Enforcement Officer Memorial Scholarships shall be awarded annually within the limits of monies in the Law Enforcement Officer Memorial Fund, created pursuant to subsection c. of section 2 of P.L.2001, c.41 (C.39:3-27.123), for undergraduate study leading to a baccalaureate degree or associate degree at any public or private institution of higher education in New Jersey. The amount of any such scholarship shall not exceed an amount equal to the portion of the recipient's cost of attendance at the institution that is not otherwise covered by any other scholarship, tuition aid grant, benefit or other assistance awarded to the recipient under the "Higher Education Student Assistance Authority Law," N.J.S.18A:71A-1 et seq.

c. The scholarships may be renewed annually for up to four years, except that each scholarship shall remain in effect only if the holder of the scholarship remains a full-time student in good standing at the institution and continues to meet the eligibility criteria and guidelines established under this act and regulations promulgated thereto. Selection of recipients may take into account the actual dependency of the recipients, their needs and means, and the pecuniary loss occasioned by reason of the death of their parents.

d. (Deleted by amendment, P.L.2022, c.10)

e. For the purposes of this act, "law enforcement officer" means a New Jersey resident employed as a permanent full-time member of any federal, State, county or municipal law enforcement agency, department, or division of those governments who is statutorily empowered to act for the detection, investigation, arrest, conviction, detention, or rehabilitation of persons violating the criminal laws of this State or of the United States and statutorily required to successfully complete a training course approved by the Police Training Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), or certified by the commission as being substantially equivalent to an approved course.

##### **§ 18A:71B-24.3** Rules, regulations {#sec-18a-71b-24.3 omnilex-key=us-nj-statutes--title-18a--18A:71B-24.3}

6. The Higher Education Student Assistance Authority shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to carry out the provisions of this act.

##### **§ 18A:71B-24.4** Annual appropriation {#sec-18a-71b-24.4 omnilex-key=us-nj-statutes--title-18a--18A:71B-24.4}

7. There shall be annually appropriated to the Higher Education Student Assistance Authority such sums as shall be necessary to administer the provisions of sections 5 and 6 of P.L.2001, 41 (C.18A:71B-24.2 and 18A:71B-24.3).

##### **§ 18A:71B-25** Scholarship program established. {#sec-18a-71b-25 omnilex-key=us-nj-statutes--title-18a--18A:71B-25}

There is established the Miss New Jersey Educational Scholarship program. It shall be the duty of the Higher Education Student Assistance Authority, established pursuant to N.J.S.18A:71A-3, to administer this program.

##### **§ 18A:71B-26** Scholarship eligibility. {#sec-18a-71b-26 omnilex-key=us-nj-statutes--title-18a--18A:71B-26}

A Miss New Jersey Educational Scholarship shall be awarded annually to an individual who has been designated by the Higher Education Student Assistance Authority, in consultation with the Miss New Jersey Pageant Organization, as being an exceptional young leader in the area of civic, cultural or charitable endeavors in the spirit of the Miss New Jersey Pageant. In order to be eligible for the scholarship, the individual shall be enrolled in or accepted into a course of study leading to an initial bachelor's degree or a post graduate degree in any public institution of higher education of this State, as enumerated in N.J.S.18A:62-1.

##### **§ 18A:71B-27** Scholarship conditions. {#sec-18a-71b-27 omnilex-key=us-nj-statutes--title-18a--18A:71B-27}

Any Miss New Jersey scholarship recipient who enrolls in a public institution of higher education in the State shall be allowed to obtain an initial bachelor's degree or a post graduate degree without payment of tuition as long as the individual remains a full time student in good standing at the institution. There shall be appropriated annually to the Higher Education Student Assistance Authority a sum equal to the cost of tuition at each public institution enrolling a Miss New Jersey Scholarship recipient and any other sums as shall be necessary to carry out the purposes of the Miss New Jersey Educational Scholarship program. The scholarship recipient shall be responsible for all other costs.

##### **§ 18A:71B-28** Definitions. {#sec-18a-71b-28 omnilex-key=us-nj-statutes--title-18a--18A:71B-28}

As used in this article:

"Garden State Savings Bonds" means bonds of the State of New Jersey and its authorities issued pursuant to the provisions of this article.

"Institution of higher education" means any public institution of higher education as defined in N.J.S.18A:62-1 and any independent institution of higher education which is an "eligible institution" as defined in section 3 of P.L.1979, c.132 (C.18A:72B-17).

"Issuing officials" means the Governor, the State Treasurer, the Director of the Division of Budget and Accounting in the Department of the Treasury and the issuing authority or agency.

##### **§ 18A:71B-29** Issue of bonds. {#sec-18a-71b-29 omnilex-key=us-nj-statutes--title-18a--18A:71B-29}

a. In furtherance of the public policy of this article, the State shall set aside, from the bonds of the State of New Jersey authorized to be issued or from the bonds of any authority or agency authorized to be issued, an amount to be determined by the State Treasurer of the total aggregate original principal amount of the bonds. These bonds shall be issued as determined by the issuing officials and shall be known as "Garden State Savings Bonds," in addition to any other name they may be known as.

b. Garden State Savings Bonds may be issued in low denominations and in the form or forms, whether coupon, fully-registered or book entry, and with or without provisions for interchangeability thereof, as may be determined by the issuing officials, and in such amounts as will allow a large number of New Jersey families to participate in the program, and with the maturity dates which will make funds available to purchasers at the time when the funds are needed for educational purposes.

c. When Garden State Savings Bonds are issued from time to time, the bonds of each issue shall constitute a separate series to be designated by the issuing officials. Each series of bonds so designated shall bear the rate or rates of interest as may be determined by the issuing officials, which interest shall be payable as may be determined by the issuing officials.

##### **§ 18A:71B-30** Participation by institutions of higher education. {#sec-18a-71b-30 omnilex-key=us-nj-statutes--title-18a--18A:71B-30}

a. The State Treasurer, in consultation with the commission, shall also provide for additional financial incentives to be provided to holders of Garden State Savings Bonds to encourage the enrollment of students at institutions of higher education located in the State of New Jersey. These financial incentives shall be in such forms as determined by the State Treasurer in consultation with issuing officials at the time of the authorization of the Garden State Savings Bonds and shall at a minimum provide that each participating institution shall guarantee that the value of Garden State Savings Bonds redeemed for the purposes of the payment of tuition, fees, and other educational costs at the institution, shall, at the time of matriculation of the student, be increased by not less than six percent of the face value of the bonds at the time of redemption. Two percent of the incentive amount shall be paid by the State, and four percent by participating institutions.

b. Every public institution of higher education in New Jersey shall participate in the financial incentive program. Independent institutions of higher education in New Jersey may elect to participate in the program. Each independent institution which elects to participate shall enter into a contract with the Department of the Treasury which shall, at a minimum, define the terms of participation and establish conditions under which an institution may withdraw from the program. Any independent institution that withdraws from the program shall guarantee to provide the financial incentives in effect for all bonds purchased during the period in which the institution was a participant in the program.

c. The original purchaser and any member of the immediate family of the original purchaser of a Garden State Savings Bond shall be eligible for the financial incentive program established pursuant to this section.

##### **§ 18A:71B-31** Dollar Amount not to be considered in determining eligibility for monetary assistance. {#sec-18a-71b-31 omnilex-key=us-nj-statutes--title-18a--18A:71B-31}

Annually, the authority shall determine a dollar amount of Garden State Savings Bonds or accumulated bonds, interest or supplemental payment, which shall not be less than $25,000, unless a greater amount is approved by the authority, which shall not be considered in evaluating the financial needs of a student enrolled at an institution of higher education located in the State of New Jersey, or be deemed a financial resource of or a form of financial aid or assistance to each student, for purposes of determining the eligibility of a student for any scholarship, grant, or monetary assistance awarded by the State; nor shall the amount of any such bonds, interest or supplemental payment as determined by the authority provided for a qualified student under this article reduce the amount of any scholarship, grant or monetary assistance which the student is entitled to be awarded by the State.

##### **§ 18A:71B-32** Report on results of sale. {#sec-18a-71b-32 omnilex-key=us-nj-statutes--title-18a--18A:71B-32}

The State Treasurer or the issuing authority or agency shall submit a report after each bond issuance to the commission detailing the results of each separate sale of Garden State Savings Bonds.

##### **§ 18A:71B-33** Duties of the State Treasurer. {#sec-18a-71b-33 omnilex-key=us-nj-statutes--title-18a--18A:71B-33}

The State Treasurer shall, in consultation with the commission, approve the following:

a. additional financial incentives as provided in this article;

b. limits that may be imposed on the amount of Garden State Savings Bonds that may be purchased by individual households;

c. minimum denominations to market the Garden State Savings Bonds so that they are affordable by individuals; however, each issue shall be offered with sufficient bonds at a purchase price of $100 to satisfy demand.

In addition, the State Treasurer shall evaluate the feasibility of staggered or periodic forms of payments for Garden State Savings Bonds and shall advise the issuing officials regarding the evaluation.

##### **§ 18A:71B-34** Assessment of effectiveness of program. {#sec-18a-71b-34 omnilex-key=us-nj-statutes--title-18a--18A:71B-34}

The commission and the State Treasurer shall assess the effectiveness of the program and recommend any necessary changes to the issuing officials regarding future bond sales after the initial sale of Garden State Savings Bonds.

##### **§ 18A:71B-35** Legislative findings and declarations. {#sec-18a-71b-35 omnilex-key=us-nj-statutes--title-18a--18A:71B-35}

The Legislature finds and declares that:

a. This State is committed to making world-class education accessible and affordable for all New Jersey students;

b. When families save for college education, they are making an important investment in the future for themselves and the young people of this State;

c. Incentives are needed to encourage families to save for college education;

d. The "Small Business Job Protection Act of 1996," Pub.L.104-188, amended the federal Internal Revenue Code to provide for favorable tax treatment for qualified college savings programs and participants in the programs; and

e. In addition to favorable federal tax treatment for a college savings program and its participants, it is desirable to provide favorable State tax treatment, as a special incentive for student beneficiaries to attend college in this State.

##### **§ 18A:71B-36** Definitions. {#sec-18a-71b-36 omnilex-key=us-nj-statutes--title-18a--18A:71B-36}

As used in this article:

"Account" means an individual trust account or savings account established in accordance with this article;

"Authority" means the Higher Education Student Assistance Authority;

"Contributor" means the person or organization contributing to and maintaining an account and having the right to withdraw funds from the account before the account is disbursed to or for the benefit of the designated beneficiary;

"Designated beneficiary" means: a. the individual designated at the time the account is opened as the individual whose higher education expenses are expected to be paid from the account; b. the replacement beneficiary if the change in designated beneficiary would not result in a distribution that is included in federal gross income under section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529; and c. in the case of an interest in the program purchased by a state or local government or an organization described in paragraph (3) of subsection (c) of section 501 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.501 and exempt from taxation under subsection (a) of section 501 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.501, as a part of a scholarship program operated by the government or organization, the individual receiving the interest as a scholarship;

"Higher education institution" means an eligible educational institution as defined in or for purposes of section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529. Higher education institution shall include a proprietary institution if expenses for tuition at the institution would be considered qualified higher education expenses under section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529, but only for degree granting programs licensed or approved by the Commission on Higher Education or for other proprietary institutions as determined by the authority;

"Investment Manager" means the Division of Investment in the Department of the Treasury or the private entities authorized to do business in this State that may be designated by the authority to invest the funds of the trust pursuant to the terms of this article;

"Member of the family" means a member of the family as defined in or for purposes of section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529;

"Nonqualified withdrawal" means a withdrawal from an account other than: a. a qualified withdrawal; b. a withdrawal made as the result of the death or disability of the designated beneficiary of an account; c. a withdrawal made on account of a scholarship (or allowance or payment described in subparagraph (B) or (C) of paragraph (1) of subsection (d) of section 135 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.135) received by the designated beneficiary, but only to the extent of the amount of that scholarship, allowance or payment; d. a rollover or change in designated beneficiary which would not result in a distribution includible in federal gross income under section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529; or e. any other withdrawal if the failure of the program to impose a more than de minimis penalty on the withdrawal would cause the program not to be a qualified State tuition program under section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529;

"Program" means the "New Jersey Better Educational Savings Trust (NJBEST) Program" established pursuant to this article;

"Qualified higher education expenses" means expenses described in paragraph (3) of subsection (e) of section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529 incurred in connection with the enrollment of a designated beneficiary at a higher education institution;

"Qualified withdrawal" means a withdrawal from an account to pay the qualified higher education expenses of the designated beneficiary of the account; but a withdrawal shall not be considered a qualified withdrawal if the failure of the program to impose a more than de minimis penalty on the withdrawal would cause the program not to qualify as a qualified State tuition program under section 529 of the federal Internal Revenue Code of 1986, U.S.C.s.529;

"Trust" means the "New Jersey Better Educational Savings Trust" established pursuant to N.J.S.18A:71B-37.

##### **§ 18A:71B-37** New Jersey Better Educational Savings Trust created. {#sec-18a-71b-37 omnilex-key=us-nj-statutes--title-18a--18A:71B-37}

There is created within the Higher Education Student Assistance Authority the New Jersey Better Educational Savings Trust (NJBEST). The trust shall provide a mechanism through which the authority, as trustee, holds accounts established and maintained pursuant to the provisions of this article to finance the cost of qualified higher education expenses.

##### **§ 18A:71B-38** Administration of the program; powers of the authority. {#sec-18a-71b-38 omnilex-key=us-nj-statutes--title-18a--18A:71B-38}

The Higher Education Student Assistance Authority shall administer the NJBEST Program. The authority shall have the power to:

a. serve as trustee of the trust;

b. adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to carry out the provisions of this article;

c. prescribe and provide appropriate forms for participation in the program;

d. select an investment manager and any other contractors needed to manage and market the program;

e. monitor the investment manager and any other contractors by audits and other reports;

f. collect reasonable administrative fees in connection with any contract or transaction relating to the program;

g. impose penalties for nonqualified withdrawals;

h. take all actions required so that the program is treated as a qualified State tuition program under section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529; and

i. perform any other acts which may be deemed necessary or appropriate to carry out the objects and purposes of this article.

##### **§ 18A:71B-39** Immunity. {#sec-18a-71b-39 omnilex-key=us-nj-statutes--title-18a--18A:71B-39}

Neither the members of the authority, nor any officer or employee of the authority shall be liable personally for the debts, liabilities or obligations of the program established pursuant to this article.

##### **§ 18A:71B-40** Selection of investment manager. {#sec-18a-71b-40 omnilex-key=us-nj-statutes--title-18a--18A:71B-40}

a. The authority shall select an investment manager or managers to invest the funds of the trust or the funds in accounts. In making this selection, any investment manager shall be subject to the "prudent person" standard of care applicable to the Division of Investment in the Department of the Treasury pursuant to subsection b. of section 11 of P.L.1950, c.270 (C.52:18A-89), and the authority shall consider the impact of fees and costs imposed by the manager or managers on yield to contributors.

b. The authority may select more than one investment manager and investment instrument for the program if it is in the best interest of contributors and will not interfere with the administration of the program.

c. The authority may provide a contributor with a choice of investment managers or investment instruments or both for the program if both of the following conditions exist:

(1) the federal Internal Revenue Service has provided guidance that providing a contributor with a choice of investment managers or instruments under a State tuition program will not cause the program to fail to qualify for favorable tax treatment under section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529; and

(2) the authority concludes that a choice of investment managers or of investment instruments is in the best interest of contributors and will not interfere with the administration of the program.

d. If the authority terminates the designation of an investment manager to hold accounts, and accounts must be moved from that investment manager to another investment manager, the authority shall select the investment manager and type of investment instrument to which the balance of the account is moved, unless the federal Internal Revenue Service provides guidance that allowing the contributor to select among several investment managers or investment instruments that have been selected by the authority would not cause a program to cease to be a qualified State tuition program for the purposes of section 529 of the federal Internal Revenue Code, 26 U.S.C.s.529.

e. If the selection process provided for in this section results in an investment manager other than the Division of Investment, the authority shall provide for the orderly transfer of accounts and shall ensure that all the rights of the contributors and designated beneficiaries participating in the program as of the effective date of P.L.2001, c.262 (C.18A:71B-64 et al.), are protected.

##### **§ 18A:71B-41** Operation of program; fees. {#sec-18a-71b-41 omnilex-key=us-nj-statutes--title-18a--18A:71B-41}

a. The program shall be operated as a trust through the use of accounts for designated beneficiaries. An account may be opened by any person who desires to save to pay the qualified higher education expenses of an individual by satisfying each of the following requirements:

(1) completing an application in the form prescribed by the authority;

(2) paying the one-time application fee established by the authority;

(3) making the minimum contribution required by the authority for opening an account;

(4) designating the account or accounts to be opened; and

(5) in the case of an account to which subsection a. of N.J.S.18A:71B-44 would apply, demonstrating to the satisfaction of the authority that either the contributor, if an individual, or the designated beneficiary is a New Jersey resident. The requirement of New Jersey residency for either the contributor or the designated beneficiary would not apply to an account to which subsection b. of N.J.S.18A:71B-44 would apply unless otherwise determined by the authority.

b. (Deleted by amendment, P.L.2003, c.309).

c. Contributions to accounts shall be made only in cash, as defined by the authority pursuant to regulations, in accordance with section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529.

d. Contributors may withdraw all or part of the balance from an account on sixty days' notice or a shorter period, as may be authorized by the authority pursuant to regulations.

e. A contributor may change the designated beneficiary of an account or rollover all or a portion of an account to another account if the change or rollover would not result in a distribution includible in gross income under section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529, in accordance with procedures established by the authority.

f. In the case of any nonqualified withdrawal, a penalty at a level established by the authority and sufficient to be considered a more than de minimis penalty for purposes of section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529, shall be withheld and paid to the authority for use in operating and marketing the program. The authority may elect not to impose a penalty if that section ceases to include a provision requiring more than de minimis penalties for a program to qualify as a qualified State tuition program.

g. If a contributor makes a nonqualified withdrawal and a penalty amount is not withheld pursuant to subsection f. of this section or the amount withheld is less than the amount required to be withheld under that subsection, the contributor shall pay the unpaid portion of the penalty to the authority at the same time that the contributor files a State income tax return for the taxable year of the withdrawal, or if the contributor does not file a return, the unpaid portion of the penalty shall be paid on or before the due date for the filing of that income tax return.

h. Each account shall be maintained separately from each other account under the program.

i. Separate records and accounting shall be maintained for each account for each designated beneficiary.

j. A contributor to or designated beneficiary of any account shall not direct the investment of any contributions to an account or the earnings from the account, except as permitted under section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529.

k. A contributor or a designated beneficiary shall not use an interest in an account as security for a loan. Any pledge of an interest in an account is of no force and effect.

l. The maximum contribution for any designated beneficiary shall be determined by the authority pursuant to regulations, in accordance with section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529.

m. Statements, reports on distributions and information returns relating to accounts shall be prepared, distributed, and filed to the extent required by section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529, or regulations issued thereunder.

n. The authority may charge, impose and collect reasonable administrative fees and service charges in connection with any agreement, contract or transaction relating to the program. These fees and charges may be imposed directly on contributors or may be taken as a percentage of the investment earnings on accounts.

o. The State or any State agency, municipality, or other political subdivision may, by contract or collective bargaining agreement, agree with any employee to remit contributions to accounts through payroll deductions made by the appropriate officer or officers of the State, State agency, county, municipality, or political subdivision. The contributions shall be held and administered in accordance with this act.

p. A contributor, if an individual, may designate another person as a successor contributor in the event of the death of the original contributor. The person who opens the account, or any successor contributor, shall be considered the contributor as defined in N.J.S.18A:71B-36.

q. Any person may make contributions to an account, consistent with the terms established by the authority, after the account is opened.

##### **§ 18A:71B-41.1** Exemption from claims of creditors for NJBEST accounts. {#sec-18a-71b-41.1 omnilex-key=us-nj-statutes--title-18a--18A:71B-41.1}

20. Moneys paid into or out of an NJBEST account by or on behalf of a contributor or designated beneficiary for the purposes of financing the cost of qualified higher education expenses under this article are exempt from all claims of creditors of the contributor or the designated beneficiary.

##### **§ 18A:71B-42** NJBEST scholarship; conditions. {#sec-18a-71b-42 omnilex-key=us-nj-statutes--title-18a--18A:71B-42}

a. An amount of no less than $500 shall be provided by the State for the qualified higher education expenses of a designated beneficiary at the time of a qualified withdrawal provided that:

(1) the contributor demonstrates, to the satisfaction of the authority, that the contributor participated in the program for at least four years by making a qualifying minimum initial deposit or qualifying minimum annual contributions, or both, as shall be determined by the authority, for a designated beneficiary;

(2) the designated beneficiary demonstrates, to the satisfaction of the authority, attendance or enrollment in a higher education institution in this State; and

(3) either the contributor, if an individual, or the designated beneficiary demonstrates, to the satisfaction of the authority, that the contributor or designated beneficiary is a New Jersey resident.

b. The amount provided under subsection a. of this section shall meet the requirements of a qualified scholarship within the meaning of section 117 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.117, for a designated beneficiary satisfying the requirements of subsection a. of this section.

c. A designated beneficiary shall not receive more than one State scholarship provided pursuant to subsection a. of this section.

##### **§ 18A:71B-42.1** One-time grant; rules. {#sec-18a-71b-42.1 omnilex-key=us-nj-statutes--title-18a--18A:71B-42.1}

2. a. A NJBEST account when it is initially opened by a taxpayer with gross income of $75,000 or less shall be eligible for a one-time grant of up to $750 in a dollar-for-dollar match of the initial deposit to the account.

b. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B -1 et seq.), to the contrary, the authority may adopt, immediately upon filing with the Office of Administrative Law, rules that the authority deems necessary for the appropriate administration and implementation of the provisions of this section, including, a minimum length of time for participation in the NJBEST program in order to maintain eligibility for the credit established pursuant to this section, which rules shall be effective for a period not to exceed 360 days from the date of the filing. The authority shall thereafter amend, adopt, or readopt the rules in accordance with the requirements of P.L.1968, c.410 (C.52:14B-1 et seq.).

##### **§ 18A:71B-43** Determination of dollar amount of account. {#sec-18a-71b-43 omnilex-key=us-nj-statutes--title-18a--18A:71B-43}

Annually, the authority shall determine a dollar amount of an account, which shall not be less than $25,000, which shall not be considered in evaluating the financial needs of a student enrolled in an institution of higher education located in the State of New Jersey, or be deemed a financial resource or a form of financial aid or assistance to a student, for purposes of determining the eligibility of a student for any scholarship, grant, or monetary assistance awarded by the State; nor shall the amount of any account as determined by the authority provided for a designated beneficiary under this article reduce the amount of any scholarship grant or monetary assistance which the student is entitled to be awarded by the State.

##### **§ 18A:71B-44** Assurance of availability of principal. {#sec-18a-71b-44 omnilex-key=us-nj-statutes--title-18a--18A:71B-44}

a. If the investment manager is the Division of Investment in the Department of the Treasury, in order to assure the availability of principal of any amount contributed under this article, there shall be paid to the authority for deposit in the trust, at the time of distribution, subject to appropriation, such sum, if any, as shall be certified by the chair of the authority as necessary to provide that amount at the time of distribution. The chair shall make and deliver to the Governor, or his designee, the certificate stating the sums, if any, required to make available in the trust the amount aforesaid, and the sums so certified shall be appropriated and paid to the authority during the then current State fiscal year.

b. If the investment manager is a private entity, the investment of the principal and interest of any amount contributed under this article shall be made in accordance with an investment plan approved by the State Investment Council in the Division of Investment.

##### **§ 18A:71B-45** Construction. {#sec-18a-71b-45 omnilex-key=us-nj-statutes--title-18a--18A:71B-45}

a. Nothing in this article shall be construed to:

(1) guarantee that a designated beneficiary will be admitted to a higher education institution or be allowed to continue enrollment at or graduate from a higher education institution after admission;

(2) establish State residency for a person merely because the person is a designated beneficiary; or

(3) guarantee that amounts saved pursuant to the program will be sufficient to cover the qualified higher education expenses of a designated beneficiary.

b. Nothing in this article establishes any obligation of this State or any agency or instrumentality of this State to guarantee for the benefit of any contributor or designated beneficiary any of the following:

(1) the rate of interest or other return on any account; or

(2) the payment of interest or other return on any account.

c. Nothing in this article establishes any obligation or liability of this State or any agency or instrumentality of this State with respect to any federal or State tax liability of any contributor or designated beneficiary in this program.

d. Under regulations promulgated by the authority, every contract and application that may be used in connection with a contribution to an account shall clearly indicate that the account is not insured by this State nor is the investment return guaranteed by this State.

##### **§ 18A:71B-46** Federal income tax consequences. {#sec-18a-71b-46 omnilex-key=us-nj-statutes--title-18a--18A:71B-46}

If the Congress of the United States enacts legislation that exempts educational savings accounts from federal income taxation, sections N.J.S.18A:71B-42 and N.J.S.18A:71B-43 shall apply with respect to such educational savings accounts as if they were accounts established under this act and the beneficiaries of the accounts were designated beneficiaries subject to the approval of the New Jersey Higher Education Assistance Authority.

##### **§ 18A:71B-47** Contracts with accredited schools of veterinary medicine. {#sec-18a-71b-47 omnilex-key=us-nj-statutes--title-18a--18A:71B-47}

The authority is hereby authorized to contract with any and all accredited schools of veterinary medicine in the United States for the acceptance of students who are residents of New Jersey for at least 12 months and desire to study veterinary medicine, and to expend annually within the limits of available appropriations such sums as are necessary to accomplish the intent of this act.

##### **§ 18A:71B-48** Contracts with consent of advisory committee; members. {#sec-18a-71b-48 omnilex-key=us-nj-statutes--title-18a--18A:71B-48}

All contracts provided for in N.J.S.18A:71B-47 shall only be entered into by the authority with the advice and consent of an advisory committee consisting of the following: the Dean of Cook College, Rutgers, the State University of New Jersey, or a designee; the President of the New Jersey Veterinary Medical Association; the Secretary of the New Jersey Veterinary Medical Examining Board; and four New Jersey veterinarians appointed by the Governor for terms of four years each.

##### **§ 18A:71B-49** Organization of committee; expenses. {#sec-18a-71b-49 omnilex-key=us-nj-statutes--title-18a--18A:71B-49}

The advisory committee shall organize annually by the appointment of one of its members as chairperson and one as vice-chairperson. Members shall serve without compensation, but shall be entitled to all necessary expenses.

##### **§ 18A:71B-50** Definitions. {#sec-18a-71b-50 omnilex-key=us-nj-statutes--title-18a--18A:71B-50}

As used in this article:

"Operational expense" means those funds devoted to or required for the regular or ordinary expenses of the school of professional nursing, including administration, maintenance and salary expenses;

"School of professional nursing" means a school in New Jersey offering a program of nursing instruction not exceeding four years beyond high school, which is affiliated with a hospital and holds a certificate of accreditation issued by the New Jersey Board of Nursing, provided that the school is not eligible to receive State aid for its nursing program under any other law;

"Student" means any full-time student who is a resident of this State and who enters a school of professional nursing to begin a program of nursing instruction or any part-time student who is a resident of this State who enters an upper division program of nursing instruction in a school of professional nursing.

##### **§ 18A:71B-51** Application for State support; form of application; certificate of accreditation by New Jersey Board of Nursing. {#sec-18a-71b-51 omnilex-key=us-nj-statutes--title-18a--18A:71B-51}

A school of professional nursing may apply for and receive State aid towards the operational expense of the school. The application shall be upon forms prepared and provided by the authority and shall contain such information as the authority shall require. Each application shall be first submitted to the New Jersey Board of Nursing which shall certify thereon whether the school is accredited and whether or not the accreditation has been suspended or revoked.

##### **§ 18A:71B-52** Operational support by State; limitation. {#sec-18a-71b-52 omnilex-key=us-nj-statutes--title-18a--18A:71B-52}

Within the limits of funds appropriated for purposes of this article, any school of professional nursing whose application has been approved by the authority shall be entitled to receive State aid for the operational expense of the school to the extent of one-half thereof or $600 per full-time student, whichever is the lesser amount and a pro rata amount for part-time students.

##### **§ 18A:71B-53** Short title {#sec-18a-71b-53 omnilex-key=us-nj-statutes--title-18a--18A:71B-53}

1. This act shall be known as, and may be cited as, the "Tony Pompelio Commemorative Scholarship Fund Act."

##### **§ 18A:71B-54** Findings, declarations about crime victims {#sec-18a-71b-54 omnilex-key=us-nj-statutes--title-18a--18A:71B-54}

2. The Legislature finds and declares that:

a. Ten percent of the crimes reported in the State are violent crimes, and murder accounts for at least one percent of all violent crimes committed. Victims of violent crimes and their families often become crime statistics with no honorable mention.

b. It is appropriate to pay tribute to those who have suffered from violent crime through the recognition of National Crime Victims' Rights Week. The State should recognize these individuals through the establishment of a special fund which will allow the children of crime victims the opportunity to attend college through the commemoration of the death of Tony Pompelio, a crime victim, by establishing the Tony Pompelio Commemorative Scholarship Fund.

##### **§ 18A:71B-55** Definitions regarding scholarship. {#sec-18a-71b-55 omnilex-key=us-nj-statutes--title-18a--18A:71B-55}

3. As used in this act, the following terms shall have the following meanings:

"Board" means the Board of Trustees of the Tony Pompelio Commemorative Scholarship Fund for the children of crime victims created pursuant to this act.

"Chairman" means the Chairman of the Violent Crimes Compensation Board.

"Executive director" means the chief executive and administrative officer of the authority.

"Authority" means the Higher Education Student Assistance Authority established pursuant to N.J.S.18A:71A-1 et seq., the "Higher Education Student Assistance Authority Law," or any body, entity, commission, or department succeeding to the principal functions thereof or to whom the powers conferred upon the authority by N.J.S.18A:71A-1 et seq. shall be given by law.

"Public Institutions of Higher Education" means the State colleges and universities created pursuant to chapter 64 of Title 18A of the New Jersey Statutes; the county colleges; the New Jersey Institute of Technology; Rutgers, the State University; Rowan University; Montclair State University; Kean University; and any other public universities, colleges, county colleges and junior colleges now or hereafter established or authorized by law.

##### **§ 18A:71B-56** "Tony Pompelio Commemorative Scholarship Fund" {#sec-18a-71b-56 omnilex-key=us-nj-statutes--title-18a--18A:71B-56}

4. a. There is hereby created and established in the authority a scholarship fund which shall be known as the "Tony Pompelio Commemorative Scholarship Fund." The fund shall consist of all funds appropriated by the Legislature or otherwise made available for the Tony Pompelio Commemorative Scholarship Fund program.

b. The fund shall be administered by a board of trustees which shall consist of the executive director or a designee of the executive director, the chairman or a designee of the chairman and eight citizens of this State who have been crime victims or are family members of a crime victim. Citizen members of the board shall be selected by the chairman in consultation with the executive director, and without regard to political affiliation and, on the basis of their experience as crime victims or family members of a crime victim.

c. Each citizen member of the board shall serve for a term of four years and until a successor shall have been appointed and qualified. Any vacancy in the membership of the board shall be filled in the same manner as the original appointment for the remainder of the unexpired term.

d. Members of the board shall serve without compensation but shall be entitled to be reimbursed for all reasonable and necessary expenses incurred in the discharge of their duties.

e. The executive director or a designee of the executive director in conjunction with the chairman or a designee of the chairman shall serve as the chief executive officers of the fund and shall organize the work of the fund as deemed necessary to carry out the provisions of this act.

##### **§ 18A:71B-57** Board duties {#sec-18a-71b-57 omnilex-key=us-nj-statutes--title-18a--18A:71B-57}

5. The board shall:

a. Develop and maintain a Statewide system for the identification of potential Pompelio scholars in cooperation with other State departments, agencies or public institutions of higher education in the State.

b. Recruit, select and provide financial assistance from the fund to Pompelio scholars who are residents of this State in order that they may be able to attend public institutions of higher education.

c. Communicate with departments and agencies of the United States on the availability of grants to this State for purposes related or similar to those set forth in this act.

d. Develop, establish and publicize criteria for the determination of eligibility for financial assistance from the fund.

e. Establish procedures for determining the amount of each award based on the total financial need of each Pompelio scholar and the resources available to the applicant to meet the costs of the applicant's higher education.

f. Annually report in writing to the authority on the performance of its duties in accordance with the provisions of this act.

g. Adopt bylaws, and make, enforce, alter and repeal rules for its own operation and for carrying out the provisions of this act.

h. Deposit in the fund and disburse from the fund such gifts and contributions as may be forthcoming from public and private sources.

##### **§ 18A:71B-58** Awarding scholarships {#sec-18a-71b-58 omnilex-key=us-nj-statutes--title-18a--18A:71B-58}

6. a. The board is hereby authorized to award scholarships from the fund to Pompelio scholars for undergraduate study leading to a baccalaureate degree, associate degree, or other approved certificate at public institutions of higher education located in New Jersey.

b. Grants from the fund may be awarded annually upon proper application to the fund, to any Pompelio scholar who qualifies under the standards to be developed and promulgated by the board.

##### **§ 18A:71B-59** Qualifications of applicant {#sec-18a-71b-59 omnilex-key=us-nj-statutes--title-18a--18A:71B-59}

7. a. No scholarship pursuant to this act shall be awarded to any applicant unless the applicant has demonstrated to the satisfaction of the board that he or she:

(1) Is and has been a resident of this State for at least 12 months prior to receiving the grant;

(2) Will be or is enrolled in a full-time undergraduate program of study leading to a degree or certificate at a public institution;

(3) Has complied with all rules and regulations adopted pursuant to this act by the board for the award, regulation and administration of grants from the fund.

b. In addition to the requirements of subsection a. of this section, the board is hereby authorized to require the satisfaction of such other requirements as it may deem necessary to carry out the provisions of this act.

##### **§ 18A:71B-60** Recipients paid by State Treasurer {#sec-18a-71b-60 omnilex-key=us-nj-statutes--title-18a--18A:71B-60}

8. Scholarships awarded pursuant to this act shall be paid to recipients by the State Treasurer in accordance with rules and regulations adopted by the authority.

##### **§ 18A:71B-61** Eligibility restrictions {#sec-18a-71b-61 omnilex-key=us-nj-statutes--title-18a--18A:71B-61}

9. No person shall be eligible for scholarships pursuant to this act for more than four years, or for such other period of time as may be determined necessary by the board for the completion of an organized course of study. Each scholarship awarded pursuant to this act shall remain in effect only so long as the recipient achieves satisfactory academic progress as determined by the institution of attendance and demonstrates continued eligibility pursuant to this act.

##### **§ 18A:71B-62** Nondiscrimination in awards {#sec-18a-71b-62 omnilex-key=us-nj-statutes--title-18a--18A:71B-62}

10. Scholarships awarded pursuant to this act shall be awarded by the board without regard to race, creed, or religion and in such manner and amount as may be within the limits of funds appropriated or otherwise made available.

##### **§ 18A:71B-63** Rules, regulations {#sec-18a-71b-63 omnilex-key=us-nj-statutes--title-18a--18A:71B-63}

11. The Higher Education Student Assistance Authority shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary for the administration of this act.

##### **§ 18A:71B-81** Short title. {#sec-18a-71b-81 omnilex-key=us-nj-statutes--title-18a--18A:71B-81}

1. This act shall be known and may be cited as the "New Jersey Student Tuition Assistance Reward Scholarship (NJ STARS) Program Act."

##### **§ 18A:71B-82** Findings relative to NJ STARS Program. {#sec-18a-71b-82 omnilex-key=us-nj-statutes--title-18a--18A:71B-82}

2. The Legislature finds that it is necessary for the State's citizens to acquire an education beyond the secondary level in order to succeed during the 21st century. A well-trained and educated population, moreover, is vital to New Jersey's efforts to attract and retain highly skilled businesses, and to ensure the State's continued economic well- being. It is therefore incumbent upon the Legislature to institute a program which will help high achieving students to pursue a post-secondary education.

##### **§ 18A:71B-83** Definitions relative to NJ STARS Program. {#sec-18a-71b-83 omnilex-key=us-nj-statutes--title-18a--18A:71B-83}

3. As used in this act:

"Authority" means the Higher Education Student Assistance Authority established pursuant to N.J.S.18A:71A-3.

"Full-time course of study" in any semester means a course of study, leading to a degree from the county college of enrollment, that includes at least 12 credit hours, not including any credit hours in a remedial or developmental curriculum.

"Program" means the New Jersey Student Tuition Assistance Reward Scholarship (NJ STARS) Program for county college students.

##### **§ 18A:71B-84** NJ STARS Program. {#sec-18a-71b-84 omnilex-key=us-nj-statutes--title-18a--18A:71B-84}

4. There is hereby created the New Jersey Student Tuition Assistance Reward Scholarship (NJ STARS) Program for county college students. It shall be the duty of the Higher Education Student Assistance Authority to administer the program.

##### **§ 18A:71B-85** NJ STARS scholarships; eligibility. {#sec-18a-71b-85 omnilex-key=us-nj-statutes--title-18a--18A:71B-85}

5. a. A scholarship under the NJ STARS Program shall cover the full cost of tuition, subject to the prior application of other grants and scholarships against those costs as provided under paragraph (2) of subsection c. of this section, for up to 18 credit hours in any semester, for an eligible student enrolled in a full-time course of study at the New Jersey county college serving the student's county of residence. An otherwise eligible student who demonstrates to the authority, in accordance with such criteria and by means of such documentation as the authority shall establish by regulation, that the county college serving the student's county of residence does not offer the curriculum that the student chooses to study shall be eligible for such scholarship at another New Jersey county college offering that curriculum. The amount of any scholarship allowed hereunder to a student at a county college serving a county other than the student's county of residence shall be computed as though the student were a resident of the county served by that college, and the college shall likewise compute the amount of any additional payment, required with respect to the enrollment of that student for credit hours of study during a semester in which the scholarship is awarded that are not covered by that scholarship, as though the student were a resident of the county.

b. A student shall be eligible for a scholarship under the NJ STARS Program for up to five semesters, including summer sessions. The scholarship shall be payable for the first year of enrollment in a county college to a student who:

(1) has graduated high school and, in the case of a student who graduates in the 2013-2014 school year and thereafter, whose class rank at the completion of the 11th grade or 12th grade was in the top 15.0% of the student's high school class, provided that in the case of students graduating from high schools that do not calculate the class rank of their students, the student's ranking at the completion of the 11th grade or 12th grade shall be determined by the high school in consultation with the authority; and

(2) completed a rigorous high school course of study in accordance with standards established by the Secretary of Higher Education in consultation with the Commissioner of Education.

During a student's enrollment in a county college after the first year of enrollment, the scholarship shall be payable to that student if the student attains a grade point average of at least 3.0 by the start of the student's second year of county college enrollment. A student who attains a grade point average of less than 3.0 at the start of the second semester of the student's first year of county college enrollment shall participate in an enrichment program designed by the county college during the second semester of the student's first year of enrollment.

c. To be eligible to receive a scholarship under the NJ STARS Program a student shall:

(1) be a State resident pursuant to guidelines established by the authority. Notwithstanding the provisions of section 1 of P.L.1979, c.361 (C.18A:62-4) or any other section of law to the contrary, a dependent child of a parent or guardian who has been transferred to a military installation located in this State shall be considered a resident of this State for the purposes of qualifying for an NJ STARS scholarship;

(2) have applied for all other available forms of State and federal need-based grants and merit scholarships, exclusive of loans, the full amount of which grants and scholarships shall be applied to tuition to reduce the amount of any scholarship that the student shall receive under the provisions of this act;

(3) except as otherwise provided pursuant to subsection a. or subsection c. of section 3 of P.L.2008, c.124 (C.18A:71B-85.2), be enrolled in a full-time course of study at a New Jersey county college;

(4) have graduated from high school in 2004 or later, and not earlier than the calendar year two years prior to the first calendar year in which a scholarship payment is to be made; and

(5) except as otherwise provided pursuant to subsection a. of section 3 of P.L.2008, c.124 (C.18A:71B-85.2), maintain continuous enrollment in a full-time course of study, unless on medical leave due to the illness of the student or a member of the student's immediate family or emergency leave because of a family emergency, which medical or emergency leave shall have been approved by the county college, or unless called to partial or full mobilization for State or federal active duty as a member of the National Guard or a Reserve component of the Armed Forces of the United States.

d. A student who is dismissed for academic or disciplinary reasons from a county college shall no longer be eligible for a scholarship under this act. If a student participating in the program is dismissed for disciplinary reasons, the student shall repay in full all amounts received under the program. The county college shall be responsible for collecting the repayment, or the amount of any overpayment or other improper payment, of any State awards under the program, in accordance with the provisions of N.J.S.18A:71B-10.

e. A student scholarship under the NJ STARS Program may be renewed upon the student's filing of a renewal financial aid application and providing evidence that the student has satisfied the requirements pursuant to subsection b. of this section.

##### **§ 18A:71B-85a** County college students remain eligible for NJ STARS program. {#sec-18a-71b-85a omnilex-key=us-nj-statutes--title-18a--18A:71B-85a}

3. Notwithstanding any law or regulation to the contrary, a student enrolled in a county college in the 2019-2020 academic year shall remain eligible for a scholarship under the NJ STARS Program in the third semester of county college enrollment. To remain eligible for the scholarship in the fourth and fifth semesters of county college enrollment, a student who was enrolled in the 2019-2020 academic year shall attain a grade point average of at least 3.0 by the start of the student's fourth semester of county college enrollment.

##### **§ 18A:71B-85.1** College placement test to determine eligibility for program. {#sec-18a-71b-85.1 omnilex-key=us-nj-statutes--title-18a--18A:71B-85.1}

2. a. Upon notice from the authority in a student's senior year of high school of conditional eligibility for the NJ STARS Program, a student who determines to pursue final eligibility for the program shall take a college placement test to determine readiness for college-level coursework. The test shall be selected by the New Jersey Council of County Colleges and administered by the county college of the county in which the student's school district is located at no cost to the student or the school district. A county college may enter into an agreement with the school district to administer the test at the high school or other selected site within the district.

b. A county college shall notify any student who does not achieve the required score on the placement test that the student requires remediation prior to pursuing county college coursework for credit under the NJ STARS Program. The student shall have the responsibility to address the identified deficiencies through such means as the student determines, including enrollment in remedial classes at the county college during the senior year of high school.

c. Upon graduation from high school, if a student meets the eligibility criteria for receipt of an NJ STARS scholarship but is not able to demonstrate the skill levels required to pursue courses for credit at a county college, the student shall not receive an NJ STARS scholarship until that ability is demonstrated. The student shall have one year from the September 1 next following the date of high school graduation to demonstrate such ability, and if at the end of the one-year period the student continues to require remediation, then the student shall lose eligibility for the NJ STARS Program. If during or at the end of the one-year period the student demonstrates the required ability, then the student shall be eligible for an NJ STARS scholarship for five semesters.

##### **§ 18A:71B-85.2** Option to take fewer credits; eligibility for NJ STARS scholarship. {#sec-18a-71b-85.2 omnilex-key=us-nj-statutes--title-18a--18A:71B-85.2}

3. a. A student who receives an NJ STARS scholarship shall be eligible to take less than 12 credits in the final semester if the county college determines that the student needs to complete less than 12 credits in that semester to complete the degree program.

b. In the case of a student who is enrolled in an associate degree program regularly requiring six semesters, the student shall not receive an NJ STARS scholarship for the sixth semester but shall maintain eligibility for the New Jersey Student Tuition Assistance Reward Scholarship II (NJ STARS II) Program established pursuant to P.L.2005, c.359 (C.18A:71B-86.1 et seq.), provided that the student meets the requirements for receipt of an NJ STARS II scholarship.

c. Beginning in the 2015-2016 academic year, a student shall be eligible to participate in the NJ STARS program and take less than 12 credits in a semester if: the student provides to the county college a written note from a physician or other licensed health care professional indicating the student's need to take a reduced number of credits due to a physical or mental health condition; or the student provides to the county college, in such form as determined by the authority, verification of the recent death of the student's parent or spouse. To receive an NJ STARS payment for the semester, a student who receives a medical exemption or an exemption due to the recent death of the student's parent or spouse from the full-time course of study requirement pursuant to this subsection shall enroll for a minimum of six credits in the semester. A student shall receive an additional semester of NJ STARS eligibility for each semester the student receives an exemption from the full-time course of study requirement pursuant to this subsection, not to exceed five additional semesters.

##### **§ 18A:71B-85.3** Application of college credits earned in high school. {#sec-18a-71b-85.3 omnilex-key=us-nj-statutes--title-18a--18A:71B-85.3}

4. A student who is eligible for an NJ STARS scholarship who earned college credits while enrolled in high school may submit to the county college a transcript from the institution of higher education that awarded the credits. If the county college determines that the student's coursework is equivalent to that offered by the county college, then the county college shall apply the credits toward the award of the student's associate degree under the NJ STARS Program.

##### **§ 18A:71B-85.4** Current recipients unaffected; exceptions. {#sec-18a-71b-85.4 omnilex-key=us-nj-statutes--title-18a--18A:71B-85.4}

5. a. In the case of a student who is receiving a scholarship under the NJ STARS Program on the effective date of P.L.2008, c.124 (C.18A:71B-85.1 et al.), the scholarship shall be administered and the student shall remain eligible for the program in accordance with the provisions of P.L.2004, c.59 (C.18A:71B-81 et seq.) as the same read before the effective date of P.L.2008, c.124 (C.18A:71B-85.1 et al.); except that a student who is in the first year of county college enrollment shall be required to attain at least a 3.25 cumulative grade point average upon graduation from a county college in order to qualify for the New Jersey Student Tuition Assistance Reward Scholarship II (NJ STARS II) Program and a student who is in the second year of county college enrollment shall be required to attain at least a 3.0 cumulative grade point average upon graduation from a county college to qualify for NJ STARS II.

b. Notwithstanding the provisions of subsection a. of section 4 of P.L.2005, c.359 (C.18A:71B-86.4) to the contrary, in the case of a student who is in the second year of county college enrollment on the effective date of P.L.2008, c.124 (C.18A:71B-85.1 et al.) who attains a cumulative grade point average equal to or greater than 3.0 and less than 3.25 upon graduation from a county college and who meets all other requirements for receipt of an NJ STARS II scholarship, the amount of the scholarship for the student's third academic year of study shall equal up to $3,000 per semester.

##### **§ 18A:71B-85.5** Provision of information to students relative to eligibility for NJ STARS. {#sec-18a-71b-85.5 omnilex-key=us-nj-statutes--title-18a--18A:71B-85.5}

1. a. In September of each school year, the board of education of a school district or the chief school administrator of a nonpublic school shall provide each student in the 9th grade with general information on the New Jersey Student Tuition Assistance Reward Scholarship (NJ STARS) Program created pursuant to P.L.2004, c.59 (C.18A:71B-81 et seq.).

b. In September of each school year, the board of education of a school district or the chief school administrator of a nonpublic school shall notify each student in the 11th grade who is ranked in the top 25.0% of the class of his potential to qualify for the NJ STARS Program if the student's class rank at the completion of the 11th grade or 12th grade is within the top 15.0% of the class.

The notification shall include information about the rigorous course of study required to qualify for the program.

A student in the 12th grade shall be notified of conditional eligibility for the NJ STARS Program by the Higher Education Student Assistance Authority in accordance with the provisions of section 2 of P.L.2008, c.124 (C.18A:71B-85.1).

c. The notification by the board of education or chief school administrator required pursuant to subsections a. and b. of this section shall be communicated via regular or electronic mail or sent home with the student and include a brief description of the NJ STARS Program and the requirements for eligibility for the program.

##### **§ 18A:71B-85.5a** Requirements for scholarship. {#sec-18a-71b-85.5a omnilex-key=us-nj-statutes--title-18a--18A:71B-85.5a}

3. In the event that a student was notified of eligibility for a scholarship under the NJ STARS Program for the first year of enrollment in a county college in the 2013-2014 academic year based on the student's class rank at the completion of the 11th grade, the student shall be eligible for the scholarship in that academic year if the student meets the requirements of subsection c. of section 5 of P.L.2004, c.59 (C.18A:71B-85). The student shall be eligible for an NJ STARS scholarship after the first year of county college enrollment if the student attains a grade point average of at least 3.0 by the start of the student's second year of county college enrollment and if the student meets the requirements of subsection c. of section 5 of P.L.2004, c.59 (C.18A:71B-85).

##### **§ 18A:71B-85.6** Annual recruitment day. {#sec-18a-71b-85.6 omnilex-key=us-nj-statutes--title-18a--18A:71B-85.6}

5. Each county college is encouraged to host an annual recruitment day and invite a representative from each four-year public and independent institution of higher education in the State for the purpose of recruiting students for the NJ STARS II Program.

##### **§ 18A:71B-85.7** Current NJ STARS recipients unaffected. {#sec-18a-71b-85.7 omnilex-key=us-nj-statutes--title-18a--18A:71B-85.7}

6. In the case of a student who is receiving a scholarship under the NJ STARS Program on the effective date of P.L.2012, c.8 (C.18A:71B-85.6 et al.) and who graduated from high school prior to 2010, the student shall receive an NJ STARS scholarship in accordance with the provisions of P.L.2004, c.59 (C.18A:71B-81 et seq.) as the same read before the effective date of P.L.2012, c.8 (C.18A:71B-85.6 et al.).

##### **§ 18A:71B-86** Report to Legislature, Governor on NJSTARS Program; guidelines rules, regulations. {#sec-18a-71b-86 omnilex-key=us-nj-statutes--title-18a--18A:71B-86}

6. a. Not later than September 30,2006, the Higher Education Student Assistance Authority shall prepare and submit to the Legislature and the Governor a report on the implementation of the NJ STARS Program at the several county colleges. The report shall, for each college, set forth statistics on and include an analysis of student participation in the program at the college, the amounts of funding provided under the program to students enrolled at the college, the amounts of funding made available to those participating students from State sources other than the NJ STARS Program and from federal and institutional sources, and such other factors as the authority deems to be necessary or useful to the evaluation of the program.

b. The Higher Education Student Assistance Authority shall administer the provisions of this act and shall establish appropriate criteria, procedures, and guidelines for awarding New Jersey Student Tuition Assistance Reward Scholarships to eligible students in accordance with the provisions of this act. The authority shall adopt in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to implement the provisions of this act.

##### **§ 18A:71B-86.1** Short title. {#sec-18a-71b-86.1 omnilex-key=us-nj-statutes--title-18a--18A:71B-86.1}

1. This act shall be known and may be cited as the "New Jersey Student Tuition Assistance Reward Scholarship II (NJ STARS II) Program Act."

##### **§ 18A:71B-86.2** Definitions relative to NJ STARS II Program. {#sec-18a-71b-86.2 omnilex-key=us-nj-statutes--title-18a--18A:71B-86.2}

2. As used in this act:

"Authority" means the Higher Education Student Assistance Authority established pursuant to N.J.S.18A:71A-3.

"Full-time course of study" in any semester means a course of study that includes at least 12 credit hours, not including any credit hours in a remedial or developmental curriculum, and leads to a degree from a New Jersey four-year public or independent institution of higher education.

"Program" means the New Jersey Student Tuition Assistance Reward Scholarship II (NJ STARS II) Program.

##### **§ 18A:71B-86.3** NJ STARS II Program created. {#sec-18a-71b-86.3 omnilex-key=us-nj-statutes--title-18a--18A:71B-86.3}

3. There is hereby created the New Jersey Student Tuition Assistance Reward Scholarship II (NJ STARS II) Program. It shall be the duty of the Higher Education Student Assistance Authority to administer the program.

##### **§ 18A:71B-86.4** Eligibility for NJ STARS II; scholarship amounts. {#sec-18a-71b-86.4 omnilex-key=us-nj-statutes--title-18a--18A:71B-86.4}

4. a. A scholarship under the NJ STARS II Program shall be applied toward the cost of tuition or in the case of a student who receives a Tuition Aid Grant toward the cost of tuition and fees, subject to the prior application of other grants and scholarships against such costs as provided under paragraph (2) of subsection e. of this section, for an eligible student enrolled in a full-time course of study at a New Jersey four-year public or independent institution of higher education. A scholarship under the NJ STARS II Program shall be paid to the institution in the amount of $1,250 per semester. The cost of a scholarship shall be paid 100% by the State. Any cost of attendance that is not covered by the NJ STARS II scholarship or other available forms of grants and scholarships shall be paid by the student.

b. A student shall be eligible for a scholarship under the NJ STARS II Program for up to four semesters, excluding summer sessions, at a New Jersey four-year public or independent institution of higher education.

c. A student shall be eligible to receive a scholarship under the NJ STARS II Program for the student's third academic year of study if the student: has an annual family income, both taxable and non-taxable, as derived from the Free Application for Federal Student Aid (FAFSA) for the academic year, of less than $250,000; attained an associate's degree from a New Jersey county college; except as otherwise provided pursuant to subsection c. of section 2 and subsection b. of section 3 of P.L.2008, c.124 (C.18A:71B-85.2), received a scholarship under the "New Jersey Student Tuition Assistance Reward Scholarship (NJ STARS) Program Act," P.L.2004, c.59 (C.18A:71B-81 et seq.), for each semester of study in the county college, or was eligible for but did not receive a scholarship under NJ STARS because the student's tuition was fully covered by other State or federal need-based grants or merit scholarships, or was eligible for but did not receive a scholarship under NJ STARS because the student was enrolled while a high school student in county college courses and received an associate's degree in accordance with a joint program offered by the student's school district and a county college; attains a cumulative grade point average of at least 3.25 upon graduation from county college; enrolls in a baccalaureate degree program at a New Jersey four-year public or independent institution of higher education for the third academic year of study in the academic year immediately following the student's attainment of an associate's degree; and meets the criteria set forth in subsection e. of this section. A grade for credits earned during a summer semester shall for the purposes of this subsection be included in the calculation of the cumulative grade point average.

d. A student shall be eligible to receive a scholarship under the NJ STARS II Program for the student's fourth academic year of study if the student: received a scholarship under the NJ STARS II Program for the student's third academic year of study pursuant to subsection c. of this section; based on the student's performance during the third academic year of study, attained a grade point average of at least 3.25; and meets the criteria set forth in subsection e. of this section. A grade for credits earned during a summer semester shall for the purposes of this subsection be included in the calculation of the grade point average for the preceding academic year.

e. To be eligible to receive a scholarship under the NJ STARS II Program, a student shall:

(1) be a State resident pursuant to guidelines established by the authority. Notwithstanding the provisions of section 1 of P.L.1979, c.361 (C.18A:62-4) or any other section of law to the contrary, a dependent child of a parent or guardian who has been transferred to a military installation located in this State shall be considered a resident of this State for the purposes of qualifying for an NJ STARS II scholarship;

(2) have applied for all other available forms of State and federal need-based grants and merit scholarships, exclusive of loans, the full amount of which grants and scholarships shall be applied to tuition, and fee charges if applicable, to reduce the amount of any scholarship that the student shall receive under the provisions of P.L.2005, c.359 (C.18A:71B-86.1 et seq.);

(3) except as otherwise provided pursuant to subsection h. of this section, be enrolled in a full-time course of study at a four-year public or independent institution of higher education; and

(4) maintain continuous enrollment in a full-time course of study, unless on medical leave due to the illness of the student or a member of the student's immediate family or emergency leave because of a family emergency, which medical or emergency leave shall have been approved by the four-year public or independent institution of higher education, or unless called to partial or full mobilization for State or federal active duty as a member of the National Guard or a Reserve component of the Armed Forces of the United States.

f. A student who is dismissed for academic or disciplinary reasons from a four-year public or independent institution of higher education shall no longer be eligible for a scholarship under this act. If a student participating in the program is dismissed for disciplinary reasons, the student shall repay in full all amounts received under the program. The four-year public or independent institution of higher education shall be responsible for collecting the repayment, or the amount of any overpayment or other improper payment, of any State awards under the program, in accordance with the provisions of N.J.S.18A:71B-10.

g. A student scholarship under the NJ STARS II Program may be renewed upon the student's filing of a renewal financial aid application and providing evidence that the student has satisfied the requirements pursuant to this section.

h. Beginning in the 2015-2016 academic year, a student shall be eligible to participate in the NJ STARS II program and take less than 12 credits in a semester if: the student provides to the four-year public or independent institution of higher education a written note from a physician or other licensed health care professional indicating the student's need to take a reduced number of credits due to a physical or mental health condition; or the student provides to the institution, in such form as determined by the authority, verification of the recent death of the student's parent or spouse. To receive an NJ STARS II payment for the semester, a student who receives a medical exemption or an exemption due to the recent death of the student's parent or spouse from the full-time course of study requirement pursuant to this subsection shall enroll for a minimum of six credits in the semester. A part-time NJ STARS II award shall be prorated against the full-time NJ STARS award as follows: an eligible student enrolled with six to eight credits shall receive one-half of the value of a full-time award, and an eligible student enrolled with nine to 11 credits shall receive three-quarters of a full-time award. A student shall receive an additional semester of NJ STARS II eligibility for each semester the student receives an exemption from the full-time course of study requirement pursuant to this subsection, not to exceed four additional semesters. Total NJ STARS II payments shall not exceed $5,000 for a student.

##### **§ 18A:71B-86.4a** Eligibility of certain NJ STARS II recipients. {#sec-18a-71b-86.4a omnilex-key=us-nj-statutes--title-18a--18A:71B-86.4a}

9. In the case of a student who is receiving a scholarship under the NJ STARS II Program and is in the third academic year of study at a public institution of higher education on the effective date of P.L.2008, c.124 (C.18A:71B-85.1 et al.), the scholarship shall be administered and the student shall remain eligible for the program in accordance with the provisions of P.L.2005, c.359 (C.18A:71B-86.1 et seq.) as the same read before the effective date of P.L.2008, c.124 (C.18A:71B-85.1 et al.).

##### **§ 18A:71B-86.4b** Current NJ STARS II recipients unaffected. {#sec-18a-71b-86.4b omnilex-key=us-nj-statutes--title-18a--18A:71B-86.4b}

7. In the case of a student who is receiving a scholarship under the NJ STARS II Program in the 2011-2012 academic year and is in the third academic year of study or was eligible to receive an NJ STARS II scholarship in the 2011-2012 academic year for the third academic year of study but did not receive the scholarship because the student's tuition or tuition and fees, as applicable, was fully covered by other available forms of State and federal need-based grants and merit scholarships, the student shall receive an NJ STARS II scholarship for the student's fourth academic year of study in accordance with the provisions of P.L.2005, c.359 (C.18A:71B-86.1 et seq.) as the same read before the effective date of P.L.2012, c.8 (C.18A:71B-85.6 et al.).

##### **§ 18A:71B-86.4c** County college student to maintain certain cumulative average for eligibility for NJ STARS II program. {#sec-18a-71b-86.4c omnilex-key=us-nj-statutes--title-18a--18A:71B-86.4c}

4. a. Notwithstanding any law or regulation to the contrary, a student enrolled in a county college in the 2019-2020 academic year shall attain a cumulative grade point average of at least 3.0 upon graduation from the county college to be eligible for a scholarship under the NJ STARS II Program for the student's third academic year of study.

b. Notwithstanding any law or regulation to the contrary, a student enrolled in a four-year institution of higher education in the 2019-2020 academic year shall remain eligible for a scholarship under the NJ STARS II Program in his third semester of study at a four-year institution. To remain eligible for a scholarship in the fourth semester of study, a student who was enrolled in the 2019-2020 academic year shall attain a grade point average of at least a 3.25 based on the student's performance during the first three semesters of study at the four-year institution.

##### **§ 18A:71B-86.5** Transfer of academic credits. {#sec-18a-71b-86.5 omnilex-key=us-nj-statutes--title-18a--18A:71B-86.5}

5. The policies and procedures set forth in the Statewide transfer agreement established pursuant to P.L.2007, c.175 (C.18A:62-46 et seq.) shall govern the transfer of academic credits awarded by a county college to an NJ STARS student who subsequently enrolls in a four-year public institution of higher education and is participating in the NJ STARS II Program at the institution.

##### **§ 18A:71B-86.6** Report to Governor, Legislature; authority regulations. {#sec-18a-71b-86.6 omnilex-key=us-nj-statutes--title-18a--18A:71B-86.6}

6. a. Not later than September 30, 2008, the authority shall prepare and submit to the Legislature and the Governor a report on the implementation of the NJ STARS II Program at the four-year public institutions of higher education. The report shall, for each institution, set forth statistics on and include an analysis of student participation in the program at the institution, the amounts of funding provided under the program to students enrolled at the institution, the amounts of funding made available to those participating students from State sources other than the NJ STARS II Program and from federal and institutional sources, and such other factors as the authority deems to be necessary or useful to the evaluation of the program. The report shall set forth the number of students participating in the program Statewide, including such statistical and demographic information as may be relevant and appropriate.

b. The authority shall administer the provisions of this act and shall establish appropriate criteria, procedures, and guidelines for awarding New Jersey Student Tuition Assistance Reward II Scholarships to eligible students in accordance with the provisions of this act. The authority shall adopt in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to implement the provisions of this act.

##### **§ 18A:71B-86.7** Construction of act relative to application, admissions procedures. {#sec-18a-71b-86.7 omnilex-key=us-nj-statutes--title-18a--18A:71B-86.7}

7. Nothing in this act shall be construed to require a four-year public or independent institution of higher education to admit a student eligible for a scholarship under this act or to waive its admission standards and application procedures; except that the institution shall apply the same admission standards and application procedures that it applies to all other transfer students.

##### **§ 18A:71B-87** Short title. {#sec-18a-71b-87 omnilex-key=us-nj-statutes--title-18a--18A:71B-87}

1. This act shall be known and may be cited as the "Social Services Student Loan Redemption Program Act."

##### **§ 18A:71B-88** Findings, declarations relative to social services student loan redemption. {#sec-18a-71b-88 omnilex-key=us-nj-statutes--title-18a--18A:71B-88}

2. The Legislature finds and declares that:

a. A qualified and stable work force in public facilities and nonprofit social services agencies is essential to ensure the provision of quality services to persons in need of services, including persons with mental illness, developmental disabilities or other disabilities, persons in need of substance use disorder treatment and juveniles under the custody and care of the Youth Justice Commission;

b. These public facilities and social services agencies are currently facing a personnel crisis, which is expected to worsen in the next two decades;

c. The entry-level and on-going salaries offered by these public facilities and social services agencies to direct care professionals are not always competitive with those offered in the private for profit sector, which limits the ability of these facilities and agencies to attract and retain qualified direct care professionals;

d. Loan redemption programs can address the economic hardship of direct care professionals performing critical work in low-paying jobs, who in many instances are forced, because of their high loan debt and low incomes, to reject or abandon employment in the public sector, which is in great need of their skills and knowledge, for employment that is more financially rewarding;

e. The departure of these skilled direct care professionals from the public and nonprofit sector is, in many cases, a loss to their own sense of personal fulfillment, to the consumers that they serve, and to society at large; and

f. The establishment by this State of a loan redemption program for direct care professionals employed in public facilities and nonprofit agencies that contract with the Department of Human Services and the Youth Justice Commission is essential to address the need for the continued provision of high-quality services by these skilled and knowledgeable professionals.

##### **§ 18A:71B-89** Definitions relative to social sciences student loan redemption. {#sec-18a-71b-89 omnilex-key=us-nj-statutes--title-18a--18A:71B-89}

3. As used in this act:

"Approved course of study" means: an undergraduate program leading to a bachelor's degree offered by a four-year public or independent institution of higher education; or a graduate program leading to a master's degree, which is offered by a public or independent institution of higher education, in a human services discipline such as social work, psychology or counseling, or a health-related profession such as occupational, physical or speech therapy.

"Approved employment" means postgraduate, full-time employment as a direct care professional in a qualified facility. The term shall not include a paid student internship, paid fellowship, volunteer service or employment before graduation.

"Authority" means the Higher Education Student Assistance Authority established pursuant to N.J.S.18A:71A-3.

"Direct care professional" means a professional staff member at a qualified facility who provides one or more of the following services to eligible persons: counseling; physical, occupational, recreational or speech therapy; case management; vocational training; assistance with activities of daily living; medication management; budgeting assistance; addiction treatment services; nutrition; and other clinical services.

"Eligible student loan expenses" mean the cumulative total of the annual student loans, covering the cost of attendance while enrolled in an approved course of study. Interest paid or due on student loans that a program participant has taken out for use in paying the costs of attendance at an institution of higher education shall be considered eligible for reimbursement under the program.

"Program" means the Social Services Student Loan Redemption Program established pursuant to this act.

"Program participant" means a person who meets the requirements of the program.

"Qualified facility" means:

a facility operated by the Department of Human Services that provides direct care services to persons served by the department;

a county psychiatric hospital;

a facility operated by the Youth Justice Commission;

a veterans' memorial home operated by the Department of Military and Veterans' Affairs; and

a nonprofit agency in the State that contracts with the Department of Human Services or the Youth Justice Commission to provide direct care services to persons served by the department or commission.

##### **§ 18A:71B-90** Social Services Student Loan Redemption Program. {#sec-18a-71b-90 omnilex-key=us-nj-statutes--title-18a--18A:71B-90}

4. There is established the Social Services Student Loan Redemption Program within the Higher Education Student Assistance Authority.

The purpose of the program is to address the current and projected critical shortage of direct care professionals in the State by providing an incentive for persons to engage in employment at certain public facilities, and nonprofit social services agencies under contract with the Department of Human Services or the Youth Justice Commission, so as to ensure that State residents who are in need of direct care services at these facilities and agencies have sufficient, qualified professional staff in order to provide the needed services.

The program shall provide loan redemption to finance the undergraduate or graduate study of program participants in exchange for full-time employment as a direct care professional at a qualified facility following completion of an approved course of study.

##### **§ 18A:71B-91** Eligibility for participation in program. {#sec-18a-71b-91 omnilex-key=us-nj-statutes--title-18a--18A:71B-91}

5. To be eligible to participate in the program, a direct care professional shall:

a. be a resident of the State and maintain domicile in the State during participation in the program;

b. have successfully completed an approved course of study within a one-year period prior to being hired as a full-time direct care professional at a qualified facility;

c. have been initially hired as a full-time direct care professional at a qualified facility on or after the date of enactment of this act; and

d. have an outstanding balance with a State or federal student loan program and not be in default on any student loan.

##### **§ 18A:71B-92** Application for loan redemption. {#sec-18a-71b-92 omnilex-key=us-nj-statutes--title-18a--18A:71B-92}

6. An eligible direct care professional may apply to the authority for a loan redemption in such a manner as the authority prescribes and shall include all information and documentation required by the authority.

a. A program participant shall enter into a written contract with the authority to participate in the program. The contract shall specify the duration of the applicant's required service and the total amount of eligible student loan expenses to be redeemed by the State in return for service.

b. The redemption of loans under the program shall not exceed $5,000 of principal and interest of eligible student loan expenses for each full year of service satisfactorily completed by the program participant. The total loan redemption amount for a program participant, for four years of service, shall not exceed $20,000. No amount of loan redemption shall be provided for service performed for less than a full year.

c. The period of service shall commence on or after the date of enactment of this act.

##### **§ 18A:71B-93** Nullification of redemption contract. {#sec-18a-71b-93 omnilex-key=us-nj-statutes--title-18a--18A:71B-93}

7. a. A program participant who has entered into a redemption contract with the authority may nullify that contract by submitting written notification to the authority and assuming full responsibility for repayment of the full amount of the participant's loan or that portion of the loan that has not been redeemed by the State in return for partial fulfillment of the contract.

b. In the case of a program participant's death or total or permanent disability, the authority shall nullify the service obligation of the participant, thereby terminating the participant's service obligation; or where continued enforcement of the contract may result in extreme hardship, the authority may nullify or suspend the participant's service obligation.

##### **§ 18A:71B-94** Loan forgiveness awards. {#sec-18a-71b-94 omnilex-key=us-nj-statutes--title-18a--18A:71B-94}

8. The authority shall grant loan forgiveness awards subject to the availability of funds appropriated for this purpose, of which funds, 80% shall be allocated to provide loan redemption to finance the undergraduate study of program participants and 20% shall be allocated to provide loan redemption to finance the graduate study of program participants.

##### **§ 18A:71B-95** Annual report. {#sec-18a-71b-95 omnilex-key=us-nj-statutes--title-18a--18A:71B-95}

9. The authority shall annually submit a report on the program to the Governor and the chairmen of the Senate Budget and Appropriations, Assembly Appropriations, Senate Health, Human Services and Senior Citizens, and Assembly Health and Human Services committees, or their successor committees. The report shall be submitted no later than August 1 of each year and shall include, but not be limited to, the following information for the prior fiscal year:

a. the total number of participants receiving loan redemption under the program;

b. the approved course of study of each of the participants; and

c. the total number of participants who withdrew from the program and failed to complete the program's employment requirement.

##### **§ 18A:71B-96** Rules, regulations. {#sec-18a-71b-96 omnilex-key=us-nj-statutes--title-18a--18A:71B-96}

10. The Higher Education Student Assistance Authority, in consultation with the Commissioner of Human Services and the executive director of the Youth Justice Commission, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) shall adopt rules and regulations necessary to implement the provisions of this act, including eligibility criteria for the program, procedures for determining the amount of the loan redemption award, and the types of direct care professional positions that qualify for the program.

##### **§ 18A:71B-97** Filling of direct care professional position with persons having degrees. {#sec-18a-71b-97 omnilex-key=us-nj-statutes--title-18a--18A:71B-97}

11. To better ensure the effectiveness of the program, any agency of the State, any political subdivision thereof, and any nonprofit agency in the State, that operates a qualified facility, or provides services under contract funded in whole or in part with State funds at a qualified facility shall make the greatest possible good faith effort to fill any direct care professional position at the qualified facility with a person having an undergraduate or graduate degree in a human services discipline, such as social work, psychology or counseling, or in a health-related profession such as occupational, physical, or speech therapy.

##### **§ 18A:71B-98** Short title. {#sec-18a-71b-98 omnilex-key=us-nj-statutes--title-18a--18A:71B-98}

1. This act shall be known, and may be cited, as the "Military Dependents Scholarship Fund Act."

##### **§ 18A:71B-99** Military Dependents Scholarship Fund. {#sec-18a-71b-99 omnilex-key=us-nj-statutes--title-18a--18A:71B-99}

2. a. There is established in the Higher Education Student Assistance Authority a nonlapsing fund which shall be known as the Military Dependents Scholarship Fund. The fund shall be administered by the board of trustees established pursuant to section 3 of this act.

b. The fund shall consist of: all moneys appropriated by the Legislature for inclusion in the fund; investment earnings of the fund; and moneys contributed to the fund by private sources, to be used for the purposes of this act.

c. The moneys in the fund shall be invested and reinvested by the Director of the Division of Investment in the Department of the Treasury.

##### **§ 18A:71B-100** Board of trustees. {#sec-18a-71b-100 omnilex-key=us-nj-statutes--title-18a--18A:71B-100}

3. a. The board of trustees of the Military Dependents Scholarship Fund shall consist of the State Adjutant General, or a designee, the State Treasurer, or a designee, the executive director of the Higher Education Student Assistance Authority, or a designee, the Secretary of Higher Education, or a designee, and nine public members appointed as follows: two by the President of the Senate, who shall not be of the same political party, two by the Speaker of the General Assembly, who shall not be of the same political party, and five by the Governor, with the advice and consent of the Senate, no more than three of whom shall be of the same political party. At least five of the public members shall be persons who were directly affected by Operation Noble Eagle, Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn. Two of the public members shall be named by the Governor to serve as co-chairpersons of the board.

b. Each public member of the board shall serve for a term of three years and until a successor shall have been appointed and qualified; except that of the first members appointed, two shall serve for one year, three shall serve for two years and four shall serve for three years. Any vacancy in the membership of the board shall be filled in the same manner as the original appointment for the remainder of the unexpired term.

c. Members of the board shall serve without compensation. Reasonable expenses of the board shall be paid out of the fund proceeds, subject to approval by the State Treasurer.

d. The board shall have the following duties and responsibilities:

(1) determine eligibility for a scholarship from the fund;

(2) determine the amount of each scholarship award;

(3) report annually to the Governor and the Legislature on the performance of its duties in accordance with the provisions of this act;

(4) solicit and raise private funds to finance the Military Dependents Scholarship program; and

(5) receive and disburse such contributions to the fund as may be forthcoming from private and public sources.

##### **§ 18A:71B-101** Awarding of scholarships. {#sec-18a-71b-101 omnilex-key=us-nj-statutes--title-18a--18A:71B-101}

4. a. The board of trustees is authorized to award scholarships from the fund for the costs of undergraduate study at a public or independent institution of higher education to the spouse, child, or other eligible dependent of a New Jersey resident who is killed, officially listed as "Missing in Action" by the United States Department of Defense, or totally and permanently disabled as certified by the United States Department of Veterans Affairs as a consequence of Operation Noble Eagle, Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn.

b. Scholarships from the fund may be awarded annually upon proper application by any student who qualifies under the criteria established by the authority.

##### **§ 18A:71B-102** Qualifications for award of scholarship. {#sec-18a-71b-102 omnilex-key=us-nj-statutes--title-18a--18A:71B-102}

5. a. A Military Dependents Scholarship shall not be awarded to an applicant unless the applicant has demonstrated to the satisfaction of the board that the applicant:

(1) will be or is enrolled in a full-time undergraduate program of study leading to a degree at an institution of higher education; and

(2) has complied with all rules and regulations adopted pursuant to this act for the award, regulation and administration of scholarships from the fund.

b. Eligibility for a Military Survivors Scholarship, in the case of a spouse or other eligible dependent, shall be limited to a period of 15 years from the date of death of the person, the date the person is officially listed as "Missing in Action" or the date upon which the person is certified to have been totally and permanently disabled for initial receipt of the benefits under the program. In the case of a dependent child, eligibility shall be limited to a period of eight years following graduation from high school.

##### **§ 18A:71B-103** Rules, regulations. {#sec-18a-71b-103 omnilex-key=us-nj-statutes--title-18a--18A:71B-103}

6. The Higher Education Student Assistance Authority, in consultation with the Secretary of Higher Education, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the purposes of this act, including establishing criteria for eligibility for a scholarship from the fund and procedures for determining the amount of each scholarship award.

##### **§ 18A:71B-104** Definitions relative to engineering and science careers. {#sec-18a-71b-104 omnilex-key=us-nj-statutes--title-18a--18A:71B-104}

1. As used in this act:

"Partner high school" means a high school that has been selected for participation in the New Jersey "Accessing Careers in Engineering and Science (ACES) Program" pursuant to subsection a. of section 3 of this act.

"Public or independent research university" means Rutgers, The State University of New Jersey, Rowan University, the New Jersey Institute of Technology, Montclair State University, Kean University, Stevens Institute of Technology, Princeton University, and Seton Hall University.

"Underrepresented student" means a student who is a member of an underserved community or a member of a group that is underrepresented in the STEM fields.

##### **§ 18A:71B-105** "Accessing Careers in Engineering and Science (ACES) Program." {#sec-18a-71b-105 omnilex-key=us-nj-statutes--title-18a--18A:71B-105}

2. a. The Secretary of Higher Education shall establish the New Jersey "Accessing Careers in Engineering and Science (ACES) Program." The purposes of the program are to increase the participation of underrepresented students in the science, technology, engineering, and mathematics (STEM) fields; and to develop a larger and more diverse STEM workforce in the State. The ACES Program shall consist of two components: (1) a residential pre-college summer program for selected high school students established pursuant to section 3 of this act; and (2) an undergraduate ACES Scholar program established pursuant to section 4 of this act.

b. The secretary shall select up to eight public or independent research universities in New Jersey to implement the ACES Program, based upon the university's interest in participating in the program and subject to the availability of funds. A public or independent research university that wants to participate shall submit an application to the secretary, which includes a proposal for implementing both the pre-college summer program and the undergraduate ACES Scholar program in accordance with sections 3 and 4 of this act. The university's proposal shall also include the university's plans for funding its share of the program costs and for obtaining the necessary private sector funding pursuant to section 5 of this act.

##### **§ 18A:71B-106** Residential pre-college summer program. {#sec-18a-71b-106 omnilex-key=us-nj-statutes--title-18a--18A:71B-106}

3. a. Each research university that participates in the ACES Program shall establish a residential pre-college summer program for selected underrepresented high school students who attend a partner high school. Partner high schools shall be selected by the research university, in consultation with the Secretary of Higher Education, based on certain criteria including the high school's population of underrepresented students, socioeconomic status, the availability of rigorous STEM coursework, and a supportive school administration. During each school year, teachers and school counselors at a partner high school shall identify and nominate talented underrepresented students for participation in the ACES pre-college program for the upcoming summer. Each student who is selected for the pre-college summer program shall receive a tuition-free scholarship to participate in the program and travel stipends, if necessary.

b. The ACES pre-college summer program at each participating research university shall consist of a one or two-week immersive, residential program that introduces high school students to a range of topics in science, engineering, mathematics, and technology in a hands-on learning environment. The program shall provide the students with exposure to the college experience and encourage the students to pursue an education in the STEM fields. The pre-college summer program and follow-up activities at each participating research university shall include, at a minimum, the following components:

(1) exposure to the STEM disciplines with a focus on hands-on learning;

(2) engagement with faculty, staff, and current students at the university during and after the pre-college summer program;

(3) counseling on the college admissions and financial aid processes;

(4) introduction to successful university graduates who work in the STEM fields in New Jersey, including corporate site visits to STEM and technology companies;

(5) customized college visit days during the college admissions process for students who attended the pre-college summer program; and

(6) professional development programs for teachers and school counselors at the partner high schools.

##### **§ 18A:71B-107** Undergraduate ACES Scholar program. {#sec-18a-71b-107 omnilex-key=us-nj-statutes--title-18a--18A:71B-107}

4. a. Each research university that participates in the ACES Program shall establish an undergraduate ACES Scholar program, which provides talented underrepresented students who have been accepted for admission to the university and who are interested in pursuing a degree in a STEM discipline, with generous financial aid packages and enhanced academic support as they pursue their baccalaureate degrees. In selecting students for participation in the undergraduate ACES Scholar program, the university may give preference to students who previously participated in the ACES pre-college summer program.

b. The undergraduate ACES Scholar program at each participating research university shall include, at a minimum, the following components:

(1) admissions and financial aid workshops for high school students interested in applying for the undergraduate ACES Scholar program;

(2) a substantial scholarship package for each student selected to participate in the ACES Scholar program, including support for tuition, fees, and living expenses;

(3) customized campus visit days for the ACES Scholars and their families;

(4) enhanced academic support services for the ACES Scholars throughout the pursuit of their college degrees;

(5) mentorship programs, including faculty and peer mentoring;

(6) alumni networking opportunities;

(7) opportunities for co-operative education and internship programs with New Jersey STEM companies; and

(8) any other services as determined by the research university to assist the ACES Scholars in acclimating to college and succeeding as they pursue their STEM degrees.

c. The Secretary of Higher Education may require, as a condition of participating in the ACES Scholar program and receiving scholarship funds, that the participating students commit to working in the State of New Jersey for four years after graduating from the research university.

##### **§ 18A:71B-108** Funding. {#sec-18a-71b-108 omnilex-key=us-nj-statutes--title-18a--18A:71B-108}

5. The New Jersey ACES Program established pursuant to this act shall be funded equally by three sectors: the State of New Jersey; the participating public or independent research universities; and the State's private sector. The State shall fund one-third of the annual total program costs through appropriations, and the participating research universities shall fund one-third of the annual total program costs. The participating research universities shall be responsible for soliciting and securing the remaining one-third of program costs from the New Jersey private sector including corporations and companies representative of the STEM industry.

##### **§ 18A:71B-109** Annual report. {#sec-18a-71b-109 omnilex-key=us-nj-statutes--title-18a--18A:71B-109}

6. Each research university that participates in the ACES Program shall annually submit a report on the program to the Secretary of Higher Education in a time and manner as determined by the secretary. The report shall include, but not be limited to:

a. the number of eligible underrepresented students who were nominated for the pre-college summer program and who applied for admission to the university;

b. the number of eligible underrepresented students who participated in the pre-college summer program and who enrolled in the university;

c. the number and percentage of pre-college summer program students who participated in the undergraduate ACES Scholar program;

d. the number and percentage of pre-college summer program students who enrolled in a STEM undergraduate degree program;

e. the annual retention rate of undergraduate students who enrolled in the university after participating in the pre-college summer program;

f. the graduation rate and employment data for students who participated in the undergraduate ACES Scholar program, including the corporations and companies employing the students; and

g. the amount of private funding secured by the university from the State's private sector, including from corporations and companies representative of the STEM industry.

##### **§ 18A:71B-110** Rules, regulations. {#sec-18a-71b-110 omnilex-key=us-nj-statutes--title-18a--18A:71B-110}

7. The Secretary of Higher Education shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the purposes of this act.

##### **§ 18A:71B-111** Definitions relative to financial aid for county college students. {#sec-18a-71b-111 omnilex-key=us-nj-statutes--title-18a--18A:71B-111}

1. As used in this act:

"Annual adjusted gross income" means:

a. for a dependent student, the annual adjusted gross income of the student's parent or legal guardian, as reported on the student's Free Application for Federal Student Aid or other financial aid form; and

b. for an independent student, the annual adjusted gross income of the student and, if applicable, the spouse of the student, as reported on the student's Free Application for Federal Student Aid or other financial aid form.

"Approved educational fees" means general education fees, registration fees, facility fees, technology fees, laboratory fees, student service and activity fees, and program and course fees, including fees associated with coursework in nursing, culinary, and other career and technical education programs as determined by the Higher Education Student Assistance Authority in consultation with the Office of the Secretary of Higher Education , subject to the limit of funds appropriated or otherwise made available for the program.

"Authority" means the Higher Education Student Assistance Authority established pursuant to N.J.S.18A:71A-3.

"Out-of-county college" means a county college that is outside of a student's county of residence.

"Program" means the Community College Opportunity Grant Program created pursuant to section 2 of this act.

"Three plus one degree program" means a baccalaureate degree program created pursuant to section 1 of P.L.2018, c.144 (C.18A:3B-78).

##### **§ 18A:71B-112** Community College Opportunity Grant Program. {#sec-18a-71b-112 omnilex-key=us-nj-statutes--title-18a--18A:71B-112}

2. There is hereby created the Community College Opportunity Grant Program. The purpose of the program shall be to provide financial aid grants to eligible county college students, to cover the costs of tuition and approved educational fees that are not already covered by any other State, federal, and institutional need-based grants or merit scholarships and to provide county colleges with Student Success Incentive funding for outreach and student success initiatives. The financial aid grants distributed to eligible students under the program shall be administered by the Higher Education Student Assistance Authority, while the Student Success Incentive funding distributed to county colleges under the program shall be administered by the Office of the Secretary of Higher Education.

##### **§ 18A:71B-113** Eligibility for financial aid grant. {#sec-18a-71b-113 omnilex-key=us-nj-statutes--title-18a--18A:71B-113}

3. a. To be eligible to receive a financial aid grant under the Community College Opportunity Grant Program, a student shall:

(1) be a legal resident of the State in accordance with the provisions of N.J.S.18A:71B-2 or be eligible for student financial aid pursuant to P.L.2018, c.12 (C.18A:71B-2.1);

(2) be enrolled in at least six credits at a county college established pursuant to chapter 64A of Title 18A of the New Jersey Statutes;

(3) (a) be enrolled at the county college that serves the student's county of residence; or

(b) be enrolled at an out-of-county college, in which case the student, if otherwise eligible, shall receive a grant under the program to cover the remaining costs of tuition and approved educational fees, charged at the in-district rate for the county college at which the student is enrolled, provided that the amount of a grant provided to a student under this subparagraph does not exceed the amount of tuition and approved educational fees actually charged to the student;

(4) not have an annual adjusted gross income that is negative;

(5) have an annual adjusted gross income between $0 and $65,000, except that the authority, in consultation with the Office of the Secretary of Higher Education and the New Jersey Council of County Colleges, may annually establish maximum annual adjusted gross income eligibility limits of no less than $65,000;

(6) have applied for all other available forms of State, federal, and institutional need-based grants and merit scholarships and, in accordance with annually established deadline dates, have completed and submitted a Free Application for Federal Student Aid, other financial aid form, or, as applicable, a State financial aid form as required by the authority pursuant to subsection b. of section 1 of P.L.2018, c.12 (C.18A:71B-2.1);

(7) not owe a refund on a grant or scholarship previously received from a State or federal program through any institution or be in default on any loan made under any State or federal student loan program at any institution, unless the student makes arrangements with the authority to repay the debt; and

(8) be in good academic standing and meet the minimum standards for academic performance and satisfactory academic progress as defined by the county college which the student is attending.

A county college shall not impose additional eligibility requirements for the program, other than the requirements set forth in this subsection.

b. A grant under the program may be renewed for a student who:

(1) annually completes and submits a Free Application for Federal Student Aid, other financial aid form, or, as applicable, a State financial aid form as required by the authority pursuant to subsection b. of section 1 of P.L.2018, c.12 (C.18A:71B-2.1);

(2) meets the standards for academic performance and satisfactory academic progress, as defined by the county college which the student is attending, to determine eligibility for federal student aid programs under Title IV of the Higher Education Act of 1965 or, in the semester immediately prior to receiving an award, attains a minimum level of academic success as determined by the authority; and

(3) maintains all eligibility requirements established pursuant to subsection a. of this section.

c. (1) A student shall be eligible for a grant under the program for up to five semesters, unless the student is enrolled in a program regularly requiring at least six semesters for completion, in which case the authority shall permit up to six semesters of eligibility.

(2) A student enrolled in a three plus one degree program shall be eligible for a grant under the program for up to six semesters.

(3) Semesters for which a student is enrolled in at least six credits but less than 12 credits shall be counted as one-half of a full-time semester.

d. A student may be eligible for a grant under the program during a fall or spring semester in an academic year.

e. If a student, the student's family, or a county college deems that the authority made an unfair determination of eligibility, an appeal may be filed with the authority within 60 days of initial notification of eligibility or ineligibility.

f. The county college which a student attends shall notify the student of the student's eligibility for the program and the amount of the grant.

##### **§ 18A:71B-114** Amount of grant distributed. {#sec-18a-71b-114 omnilex-key=us-nj-statutes--title-18a--18A:71B-114}

4. a. A grant distributed to an eligible student under the Community College Opportunity Grant Program shall cover the remaining cost of tuition and approved educational fees, which is not covered by State, federal, or any other need-based grant or merit scholarship, for up to 18 credits in any semester. The full amount of State, federal, and institutional need-based grant or merit scholarships received by an eligible student shall be applied to the amount of tuition and approved educational fees charged to an eligible student. The remaining balance of tuition and approved educational fees shall be covered by a grant under the program.

b. A full award under the program to a student at a county college shall be equal to the student's full cost of approved tuition and approved educational fees, subject to the prior application of all other State, federal, and institutional need-based grants and merit scholarships against those costs, for up to 18 credits in any semester, for an eligible student for a full-time semester in an associate's degree, certificate, or three plus one degree program. For an eligible student enrolled in at least six credits but less than 12 credits in an associate's degree, certificate, or three plus one degree program, a grant under the program shall be pro-rated from the full-time approved tuition and approved educational fees based on the number of credits for which that student is enrolled.

c. The authority shall, for each county college, annually establish a maximum individual grant amount awarded under the program. The maximum individual grant amount for each county college shall not increase by more than three percent over the prior year.

##### **§ 18A:71B-115** Annual appropriation. {#sec-18a-71b-115 omnilex-key=us-nj-statutes--title-18a--18A:71B-115}

5. a. The Legislature shall annually appropriate to the Office of the Secretary of Higher Education such funds as may be necessary for Student Success Incentive funding to provide capacity-building grants to each county college to support the goals of the Community College Opportunity Grant Program. The Secretary of Higher Education shall distribute funding made available pursuant to this section to county colleges for outreach, recruitment, and promoting the success of county college students. The secretary shall establish the purposes for which a county college may use a grant received pursuant to this section, which shall include, but not be limited to:

(1) establishing mentorship programs;

(2) hosting events to assist students and families in completing financial aid applications; and

(3) addressing students' material hardships, such as lack of access to food, medical care, housing, child care, and transportation.

b. The secretary shall distribute the funding made available pursuant to this section. The secretary may retain up to five percent of the funding for grant administration activities designed to increase the effectiveness of the program. Fifty percent of the remaining appropriation shall be distributed equally among all of the county colleges, while the other fifty percent of the remaining appropriation shall be distributed based on the total number of students at each county college who received awards under the program during the previous academic year.

##### **§ 18A:71B-116** Rules, regulations. {#sec-18a-71b-116 omnilex-key=us-nj-statutes--title-18a--18A:71B-116}

6. The authority shall adopt in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to implement the provisions of sections 1 through 4 of this act. The Office of the Secretary of Higher Education shall adopt in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to implement the provisions of section 5 of this act.

##### **§ 18A:71B-117** Findings, declarations relative to eligibility for certain programs. {#sec-18a-71b-117 omnilex-key=us-nj-statutes--title-18a--18A:71B-117}

1. The Legislature finds and declares that the State spends considerable funds on educational institutions, including proprietary schools, training providers, and other postsecondary schools. It is in the State's interests to ensure that State funds going to schools, training providers, or their students, are funding consistently high-quality educational experiences, but the State does not have the resources to monitor these programs daily. Instead, to ensure that limited State funds are expended on high-quality programs, the State depends on students' ability to effectively vindicate their rights under State and federal law in litigation against educational institutions that are or may receive funds. Lawsuits like these deter the misuse of State funds without the expenditure of State resources on enforcement, and public filings resulting from such litigation may be monitored by the State to assess whether it is spending its limited funds appropriately.

The Legislature further finds and declares that such educational institutions frequently require their students to sign enrollment contracts that include forced arbitration and other restrictive clauses, including clauses that require students to waive their right to participate in a class action against the company. These clauses impede students from being able to sue to enforce State and federal law against their educational institutions, and the few private and individual arbitrations that students are able to file against educational institutions are not publicly filed and available for monitoring by the State.

##### **§ 18A:71B-118** Eligibility contingent on actions of institution, school. {#sec-18a-71b-118 omnilex-key=us-nj-statutes--title-18a--18A:71B-118}

2. a. A student enrolled in a public or independent institution of higher education or a proprietary institution licensed to offer academic degrees shall be ineligible to receive any form of student assistance from the State, including grants, scholarships, and loans, in the event that the institution or school requires the student to:

(1) submit to an agreement to arbitrate or to an arbitration proceeding to resolve any matter thereafter relating to the student's enrollment prior to the commencement of any legal action;

(2) resolve a complaint relating to the student's enrollment through an internal dispute process;

(3) waive any right, forum, or procedure afforded to the student, including any right to file and pursue a civil action, class action or a complaint with, or otherwise notify, any State agency, other public prosecutor, law enforcement agency, or any court or other governmental entity of any alleged violation of the student's rights; or

(4) be prohibited from disclosing, discussing, describing, or commenting upon the terms of the student's enrollment agreement or any violation thereof.

Nothing in this subsection shall be construed to prohibit a student from receiving any form of student assistance from the State for which the student is eligible at a different institution of higher education or proprietary institution licensed to offer academic degrees.

b. A public or independent institution of higher education or a proprietary institution licensed to offer academic degrees shall not threaten, retaliate, or discriminate against any student because of the refusal by the student to: consent to an agreement to arbitrate or to an arbitration proceeding; resolve a complaint through an internal dispute process; waive any right, forum, or procedure; or consent to a prohibition to disclose, discuss, describe or comment upon any enrollment agreement terms or violations thereof.

c. A public or independent institution of higher education or a proprietary institution licensed to offer academic degrees shall not require a student to opt out of a waiver or take any affirmative action in order to preserve his rights pursuant to this section.

d. In the event that a public or independent institution of higher education or a proprietary institution licensed to offer academic degrees requires a student to enter into an enrollment contract or similar agreement, the institution shall annually submit such contracts or agreements to the Secretary of Higher Education.

e. Nothing in this act shall be construed to invalidate a written arbitration agreement that is otherwise enforceable under the Federal Arbitration Act (9 U.S.C.s.1 et seq.).

## **Chapter 71C** {#struct-chapter-71c}

##### **§ 18A:71C-1** Administration by the authority. {#sec-18a-71c-1 omnilex-key=us-nj-statutes--title-18a--18A:71C-1}

It shall be the duty of the authority to administer the Federal Family Education Loan Program for this State. The authority shall adopt rules and regulations, and prescribe and provide appropriate forms for application as may be necessary or appropriate for administering the programs of a State guaranty agency, pursuant to 20 U.S.C.s.1071 et seq.

As used in this act:

"Federal Family Education Loan" (FFEL) program means the programs of the United States government making low interest loans available to students or parents of students to pay for their cost of attending post-secondary institutions established pursuant to 20 U.S.C.s.1071.

"Federal loan" or "FFEL Loan" means any loan made under the FFEL program.

"Guaranty agency" means any State agency or not-for-profit corporation which has entered into an agreement with the United States Secretary of Education to guarantee loans made under the FFEL program and which guarantees loans to eligible residents and nonresidents of this State.

##### **§ 18A:71C-2** Application; grounds for approval. {#sec-18a-71c-2 omnilex-key=us-nj-statutes--title-18a--18A:71C-2}

Any application for a federal loan under this article shall be submitted to the authority for its approval, and the authority shall approve the application only if it finds that the applicant is an eligible borrower under the "Higher Education Act of 1965," Pub.L.89-329 (20 U.S.C.s.1001 et seq.), and implementing rules and regulations, and has complied with all rules adopted by the authority pursuant to this article in connection with the granting of the loans.

##### **§ 18A:71C-3** Approval and granting of federal loan. {#sec-18a-71c-3 omnilex-key=us-nj-statutes--title-18a--18A:71C-3}

Upon approval by the authority of a federal loan application, any eligible lender may make a loan as approved and upon the terms and conditions required under this article, but no moneys shall be advanced or paid under any loan until the applicant has satisfied the authority, and the eligible institution certifies to the lender that the applicant, or the person on behalf of whom the parent is the applicant, has been admitted to, or is in regular attendance and in good standing at, an eligible institution located in this State or elsewhere. Any lender making a loan shall cooperate with the authority in supervising the use of credit in accordance with its purposes. If disbursement of loan proceeds is in the form of a check, the check representing the loan proceeds shall be made payable to the applicant and the eligible institution jointly, except when the applicant is attending an eligible institution not located in the United States, in which instance the check may be made payable to the applicant only. Disbursement may also be made by master check, electronic funds transfer, or other methods permitted under 20 U.S.C.s.1071 et seq.

##### **§ 18A:71C-4** Federal loan evidenced by note; interest rate; method of payment; security. {#sec-18a-71c-4 omnilex-key=us-nj-statutes--title-18a--18A:71C-4}

Each federal loan made under this article shall:

a. be evidenced by a note or other obligation approved by the authority;

b. bear interest at a rate not exceeding the maximum percentage per annum permitted under 20 U.S.C.s.1071 et seq. and implementing rules and regulations;

c. be payable in such manner or in such installments as permitted under 20 U.S.C.s.1071 et seq. and implementing rules and regulations; and

d. be secured only by the personal liability of the maker, and not by any endorsers, co-maker's collateral, or other security, except as may be permitted under 20 U.S.C.s.1071 et seq. and implementing rules and regulations.

##### **§ 18A:71C-5** Extension and refinancing of federal loans. {#sec-18a-71c-5 omnilex-key=us-nj-statutes--title-18a--18A:71C-5}

Any loan made under this article may be extended or refinanced at the discretion of the lender without affecting the obligation of the authority hereunder for such period and under such terms as permitted under 20 U.S.C.s.1071 et seq. and implementing rules and regulations, and any loan may be reduced at any time at the option of the borrower.

##### **§ 18A:71C-6** Purchase of notes. {#sec-18a-71c-6 omnilex-key=us-nj-statutes--title-18a--18A:71C-6}

Whenever any approved note, including notes held by the authority in the Higher Education Student Assistance Fund, or any installment thereon, shall be in default as defined under 20 U.S.C.s.1071 et seq., upon the death or total and permanent disability of the borrower, or upon any other reason for payment of a claim permitted under 20 U.S.C.s.1071 et seq., the authority shall, upon the demand of a lender and subject to a lender's meeting federal and authority due diligence requirements, purchase the note by paying to the lender or by transferring to the Higher Education Student Assistance Fund out of the Loan Reserve Fund, the amount of principal, interest and other permissible charges then due and owing on the note, as herein provided.

##### **§ 18A:71C-7** Falsely securing federal loan a misdemeanor; penalty. {#sec-18a-71c-7 omnilex-key=us-nj-statutes--title-18a--18A:71C-7}

Any person who, having obtained a federal loan under this act, solicits, applies for, or accepts another such loan, except as specifically authorized in this act, and any person who knowingly or willfully furnishes any false or misleading information for the purpose of obtaining a loan, or of enabling another to obtain a loan, under this act, shall be guilty of a crime of the fourth degree.

##### **§ 18A:71C-8** Repayment Compromises, modifications and other determinations made by authority. {#sec-18a-71c-8 omnilex-key=us-nj-statutes--title-18a--18A:71C-8}

The authority may, with respect to the exercise of its functions related to loans guaranteed by it under this article, to the extent consistent with 20 U.S.C.s.1071 et seq. and notwithstanding the provisions of any other law to the contrary:

a. consent to the modification, with respect to rate of interest, time of payment of principal or interest or any portion thereof, or other provisions of any note, or any instrument securing a loan which has been guaranteed by the authority;

b. authorize payment or compromise, subject to the approval or approvals required under the authority's write off and compromise procedures, of any claim upon or arising as a result of any such guaranty; and

c. authorize payment, compromise, waiver or release, of any debt, right, title, claim, lien or demand, however acquired, including any equity or right of redemption, and the waiver or release of any debt, right, title, claim, lien or demand including any equity or right of redemption shall be sufficient if executed by the executive director or designee on behalf of the authority. The register or county clerk of any county and the clerk of any court is hereby authorized to cancel of record any lien, including, but not limited to, judgments, chattel mortgages and conditional sales agreements whenever the document evidencing the cancellation or request for cancellation is signed by the executive director or designee on behalf of the authority. The register and the clerk of any county are authorized to record any documents of the authority signed by the executive director or designee.

##### **§ 18A:71C-9** Contracts, promissory notes, made by minor, valid and binding. {#sec-18a-71c-9 omnilex-key=us-nj-statutes--title-18a--18A:71C-9}

Any contract, promissory note, or other written obligation made by any minor to repay or secure payment of a loan made under this article, payment whereof is guaranteed or insured by the authority, or which forms part of the same transaction as the making of the loan shall, notwithstanding any provision of law to the contrary, be as valid and binding as if the person were at the time of the making and execution 18 years of age, and it may be enforced in any action or proceeding by or against the person in his own name, and shall be valid without the consent of the parent or guardian of the person, and the person shall not disaffirm the instrument because of his age, nor shall the person hereafter interpose the defense that he is, or was, at the time of the making and execution, a minor in any action or proceeding arising out of any such loan.

##### **§ 18A:71C-10** Deduction of overdue student loan payments from wages of employees of the state, institution of higher education and public authorities. {#sec-18a-71c-10 omnilex-key=us-nj-statutes--title-18a--18A:71C-10}

Whenever any officer or employee of the State of New Jersey, a public institution of higher education in this State now or hereafter established or authorized by law, any independent institution of higher education in this State now or hereafter established that receives State funds, or any public authority established pursuant to State law, has failed to make scheduled payments to the Higher Education Student Assistance Authority on any note held by that authority pursuant to N.J.S.18A:71C-6, there shall be deducted from the wages of the employee the full amount of both any arrears payment and any schedule payment due to the Higher Education Student Assistance Authority until such time as the note is fully satisfied.

In the case of State officers or employees on the centralized regular bi-weekly payroll, the Department of the Treasury shall make the deduction and shall transmit the payments to the Higher Education Student Assistance Authority, but the Department of the Treasury shall retain an amount, as established by regulation of the authority, of the moneys collected to defray the cost of collection.

In the case of officers and employees not on the centralized regular bi-weekly payroll, the chief financial officer of the institution or the public authority shall make the deduction and transmit the payments to the Higher Education Student Assistance Authority, but the institution or public authority shall retain an amount, as established by regulations of the Higher Education Student Assistance Authority, of the moneys collected to defray the cost of collection.

##### **§ 18A:71C-11** Regulations. {#sec-18a-71c-11 omnilex-key=us-nj-statutes--title-18a--18A:71C-11}

The Department of the Treasury and the authority shall jointly promulgate regulations concerning the procedures and methods to be employed for the implementation of the provisions of this act concerning deductions for overdue student loan payments from wages. The regulations shall be consistent with all federal requirements or limitations regarding any information utilized in any collection, and shall in addition provide for due notice to the employee of an opportunity for a hearing upon request prior to any collection.

##### **§ 18A:71C-12** Deduction of overdue student loan payments from wages of county and municipal employees. {#sec-18a-71c-12 omnilex-key=us-nj-statutes--title-18a--18A:71C-12}

Whenever any officer or employee of a county or municipality has failed to make scheduled payments to the authority on any note held by the authority pursuant to N.J.S.18A:71C-6, the chief financial officer of the appropriate local unit shall deduct from the wages of the employee the full amount of both any arrears payment and any scheduled payment due to the authority, but the local unit shall retain an amount not to exceed 1% of the moneys collected to defray the cost of collection.

##### **§ 18A:71C-13** Guidelines for payment of arrearages. {#sec-18a-71c-13 omnilex-key=us-nj-statutes--title-18a--18A:71C-13}

The Division of Local Government Services in the Department of Community Affairs, in conjunction with the Department of the Treasury and the Higher Education Student Assistance Authority, shall prepare guidelines concerning the procedures and methods to be employed by local units for the implementation of N.J.S.18A:71C-12. The guidelines, and all actions taken by local units, shall be consistent with all federal regulations and limitations regarding any information utilized in any collection.

##### **§ 18A:71C-14** Deduction of overdue student loan payments from wages of certain boards or authorities. {#sec-18a-71c-14 omnilex-key=us-nj-statutes--title-18a--18A:71C-14}

Whenever any officer or employee of a local board of education, a county or municipal board of health or an autonomous authority created by a county or municipality pursuant to statute has failed to make scheduled payments to the Higher Education Student Assistance Authority on any note held by that authority pursuant to N.J.S.18A:71C-6, the board or autonomous authority shall deduct from the wages of the employee the full amount of both any arrears payment and any scheduled payment due to the Higher Education Student Assistance Authority until such time as the note is fully satisfied. The board or autonomous authority shall transmit the payments to the Higher Education Student Assistance Authority, but the board or autonomous authority may retain an amount of the moneys collected as established by regulations of the Higher Education Student Assistance Authority to defray the cost of collection.

##### **§ 18A:71C-15** Guidelines for payment of arrearages. {#sec-18a-71c-15 omnilex-key=us-nj-statutes--title-18a--18A:71C-15}

The Department of Education and the Division of Local Government Services in the Department of Community Affairs, in conjunction with the Department of the Treasury and the Higher Education Student Assistance Authority, shall prepare guidelines concerning the procedures and methods to be employed by boards and autonomous authorities for the implementation of N.J.S.18A:71C-14. The guidelines, and all actions taken by a board or autonomous authority pursuant to this act, shall be consistent with all federal regulations or limitations regarding any information utilized in any collection.

##### **§ 18A:71C-16** Deduction of overdue student loan payments from wages of employees of the private sector. {#sec-18a-71c-16 omnilex-key=us-nj-statutes--title-18a--18A:71C-16}

Whenever any officer or employee or any employer within or outside this State not described in N.J.S.18A:71C-10, N.J.S.18A:71C-12 or N.J.S.18A:71C-14 has failed to make scheduled payments to the Higher Education Student Assistance Authority on any note or other written obligation held by that authority, there shall be deducted from the wages of the employee the full amount of both any arrears payment and any scheduled payment due to the Higher Education Student Assistance Authority until such time as the note or other written obligation is fully satisfied.

The employer shall retain an amount, as established by regulations promulgated jointly by the Department of the Treasury and the Higher Education Student Assistance Authority, of the moneys collected to defray the cost of collection.

An employer may not discharge from employment, refuse to employ, or take disciplinary action against an individual subject to wage deduction in accordance with this section by reason of the fact the individual's wages have been subject to wage deduction under this section, and the individual may sue in a State court of competent jurisdiction any employer who takes this action. The court shall award attorneys' fees to a prevailing employee and, in its discretion, may order reinstatement of the individual, award punitive damages and back pay to the employee, or order another remedy as may be reasonably necessary.

##### **§ 18A:71C-17** Lien not treated as wage execution. {#sec-18a-71c-17 omnilex-key=us-nj-statutes--title-18a--18A:71C-17}

The lien against an employee's wages undertaken pursuant to N.J.S.18A:71C-10, N.J.S.18A:71C-12, N.J.S.18A:71C-14 and N.J.S.18A:71C-16 shall not be considered an execution against wages pursuant to N.J.S.2A:17-52, and shall not prevent the simultaneous satisfaction of an execution from the amount of wages remaining after the satisfaction of this debt.

##### **§ 18A:71C-18** Exchange of information with other State departments and agencies. {#sec-18a-71c-18 omnilex-key=us-nj-statutes--title-18a--18A:71C-18}

The authority may use the following procedures to locate borrowers who have failed to make scheduled payments to the authority on any note held by the authority:

a. the authority may furnish the name and Social Security number of a delinquent or defaulted borrower to the Division of Pensions and Benefits, the Division of Taxation, the Division of Motor Vehicles, the Department of Human Services, the Casino Control Commission, and any State professional or licensing board or body. Except as prohibited by federal or State law, these departments, divisions, boards, and bodies shall return to the authority the address of any borrower or the address of the employer of any borrower that appears in its most recent records;

b. the authority may furnish the name and Social Security number of any delinquent or defaulted borrower to the Department of Labor. Except as prohibited by federal or State law, the Department of Labor shall return to the authority the address of the employer of any such borrower that appears in its most recent records;

c. the authority shall reimburse the department, division, board or body listed in subsections a. and b. of this section for any costs associated with services performed pursuant to this section. Information furnished to the authority by the entities listed in subsections a. and b. shall be considered confidential and shall not be disclosed except to a federal department or agency entitled to the information because the disclosure is necessary for the proper administration of this article.

##### **§ 18A:71C-19** Professional or occupational misconduct. {#sec-18a-71c-19 omnilex-key=us-nj-statutes--title-18a--18A:71C-19}

a. Notwithstanding provisions of any law to the contrary, any State professional or occupational licensing board shall define a borrower's delinquent or default status of any loan made or guaranteed by the authority as misconduct punishable by the denial, suspension, or revocation of the borrower's professional or occupational license by that board.

b. For the purposes of this section:

"License" means the whole or part of any State agency permit, certificate, approval, registration, charter or similar form of permission to engage in a profession, trade, business or occupation and any notification required to be made to any State agency that a profession, trade, business or occupation is being engaged in or is expected to be commenced; provided that "license" shall not include any original charter or certificate of incorporation granted by any State agency;

"State agency" means the legislative or executive branch of the State, including, but not limited to, any department, board, bureau, commission, division, office, council, agency, or instrumentality thereof, or independent agency, public authority or public benefit corporation.

##### **§ 18A:71C-20** Deductions of overdue payments from State lottery winnings. {#sec-18a-71c-20 omnilex-key=us-nj-statutes--title-18a--18A:71C-20}

a. The Director of the Division of State Lottery in the Department of the Treasury and the executive director shall initiate an ongoing data exchange in the Office of Telecommunications and Information Systems in the Department of the Treasury before a payment is made of a State lottery prize in excess of $1,000.

b. The executive director shall periodically supply the Office of Telecommunications and Information Systems with a list of those individuals with delinquent or defaulted student loan repayments to the authority.

c. The Director of the Division of State Lottery shall promptly provide the Office of Telecommunications and Information Systems with a prize winners list, which shall include the prize claimant's name, address and Social Security number and the amount of the pending payment.

d. The Office of Telecommunications and Information Systems shall cross check the lottery list with the data supplied by the executive director for a Social Security number match. If a match is made, the Office of Telecommunications and Information Systems shall notify the authority.

e. If a lottery prize claimant is on the list of individual delinquents or in default of a student loan, the authority shall promptly notify the Department of the Treasury and the Division of the State Lottery of the claimant's name, address, Social Security number and the outstanding amount of the student loan. The Department of the Treasury shall, after withholding any appropriate amount for income tax or such other withholdings as may be required under federal or State law, withhold this amount from the pending lottery payment and transmit this amount to the authority. If the amount of the student loan outstanding is greater than the amount available from the lottery payment, the entire amount available shall be transmitted to the authority.

f. Any of the claimant's lottery prize funds remaining after withholding pursuant to subsection e. of this section shall be paid to the claimant in accordance with lottery procedures.

g. The State Treasurer in consultation with the authority shall promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to effectuate the purpose of this section including, but not limited to, regulations providing for prompt notice to any prize winner from whose award the Department of the Treasury seeks to withhold funds of the amount to be withheld and the reason therefor and providing the prize winner with the opportunity for a hearing upon request prior to the disposition of any funds. The State Treasurer shall also provide, by regulation, safeguards against the disclosure or inappropriate use of any personally identifiable information regarding any person obtained pursuant to this section. For purposes of this section, "prompt notice" shall mean within 14 days or less.

##### **§ 18A:71C-21** College loans to assist state students loan program. {#sec-18a-71c-21 omnilex-key=us-nj-statutes--title-18a--18A:71C-21}

There is hereby established within the authority a New Jersey College Loans to Assist State Students (NJCLASS) Loan Program. Under the NJCLASS Loan Program, the authority shall make loans available in such amounts as necessary to ensure that student loans remain generally available to, or for the benefit of, eligible students who are not eligible for, or have additional financial need beyond, a federally insured student loan and who meet the eligibility criteria set forth in N.J.S.18A:71C-27.

##### **§ 18A:71C-21.1** Annual report on NJCLASS Loan Program. {#sec-18a-71c-21.1 omnilex-key=us-nj-statutes--title-18a--18A:71C-21.1}

1. The authority shall annually submit to the Governor and to the President of the Senate and the Speaker of the General Assembly a report on the NJCLASS Loan Program. The report shall be submitted no later than August 1 of each year and shall include, but not be limited to, the following information: the principal amount of bonds issued to finance the NJCLASS Loan Program in the prior year and the interest rates offered on those bonds; the total principal amount of authority bonds that are outstanding, the interest rates on the bonds, and the retirement schedule for those bonds; the total number and principal amount of outstanding NJCLASS loans, and the total number and principal amount of NJCLASS loans contracted in the prior year; the total number of NJCLASS loans that are in default and the number that entered default in the prior year; the total number of loan collection lawsuits that have been filed under the program, and the number of loan collection lawsuits that were filed in the prior year and the status of those lawsuits; the number of requests filed in the prior year with the authority for the forgiveness of an NJCLASS loan due to the death or total and permanent disability of the borrower, the number of requests that were granted or denied, and the reasons for the denial of requests; the number of requests filed in the prior year with the authority for a loan deferment, the type of deferment requested by the borrower, the number of requests that were granted or denied, and the reasons for the denial of requests; and the number of forbearance requests filed in the prior year with the authority, the number of requests that were granted or denied, and the reasons for the denial of requests.

##### **§ 18A:71C-21.2** Development of student loan comparison information document. {#sec-18a-71c-21.2 omnilex-key=us-nj-statutes--title-18a--18A:71C-21.2}

2. a. The authority shall develop a student loan comparison information document. The document shall provide information that allows a borrower to compare an NJCLASS loan with loans available under federal student loan programs including the federal PLUS loan program, and shall provide examples of loan repayment under each program. The information provided on the comparison document shall include, but need not be limited to, the following:

(1) loan type, including loan term, interest rate whether fixed or variable, and annual percentage rate (APR);

(2) repayment options, including the availability of income-contingent loan repayment options, and clear information on when repayment would begin and how that may be different from the federal student loan programs;

(3) loan origination, administrative, and other fees over the life of the loan;

(4) estimated cost of borrowing over the life of the loan and estimated monthly payment amounts for each loan type at each of six sample loan disbursement amounts;

(5) availability of loan deferments, loan forbearance, and loan forgiveness, the reasons for which a deferment, a forbearance, or forgiveness may be requested, and the percentage of the requests that are granted;

(6) the average annual default rates under each loan program, the average annual number of loan collection lawsuits filed under each program, and the availability of a loan rehabilitation program; and

(7) the average annual number of wage garnishment orders issued under each program.

b. The comparison information document shall be posted in a prominent location on the authority's website and shall be linked to the online application for an NJCLASS loan. A copy of the document shall be included with a paper NJCLASS loan application. The comparison information document shall be distributed at any financial aid workshop conducted by the authority for high school students or their parents and shall be included in any NJCLASS Loan Program promotional materials distributed by the authority.

##### **§ 18A:71C-22** College loans to assist State Students Loan Fund. {#sec-18a-71c-22 omnilex-key=us-nj-statutes--title-18a--18A:71C-22}

a. The authority shall establish and maintain a special fund called the "New Jersey College Loans to Assist State Students (NJCLASS) Loan Fund" in which there shall be deposited: (1) all funds received by the authority from the sale of State bonds as provided by law; (2) all moneys appropriated by the State for the purpose of the fund; (3) all funds contributed to the authority by private sources, to be used for the purposes of this article; and (4) any other moneys or funds of the authority, including the proceeds of bonds, bond anticipation notes, and other obligations issued by the authority, which it determines to deposit therein. Moneys in the NJCLASS Loan Fund shall be held and applied to make loans pursuant to this article and to pay for the costs of administering the NJCLASS Loan Program.

b. The sum total of all funds on deposit in the NJCLASS Loan Fund shall be maintained in the amount determined by the authority to be necessary to fulfill its responsibilities as set forth in this article.

c. Moneys in the NJCLASS Loan Fund at any time in excess of the NJCLASS Loan Program requirements, whether by reason of investment or otherwise, may be withdrawn at any time by the authority and transferred to any other fund or account of the authority.

d. Moneys at any time in the NJCLASS Loan Fund may be invested in any direct obligations of, or obligations as to which the principal and interest thereof is guaranteed by, the United States of America or such other obligations as the authority may approve.

##### **§ 18A:71C-23** Eligible borrower. {#sec-18a-71c-23 omnilex-key=us-nj-statutes--title-18a--18A:71C-23}

Loans under the NJCLASS Loan Program may be made to eligible borrowers. An eligible borrower is an eligible student or any parent or legal guardian providing financial support for a dependent eligible student. The authority shall set maximum loan amounts for each participant based on such factors as the cost of attending the particular institution, family income, value of family assets or other factors the authority may consider relevant. The loans may be secured by such endorsement, co-maker's collateral or other security as may be required by rules and regulations established by the authority. When considering an application, the authority shall use appropriate documents to verify the financial information provided by an eligible borrower or cosigner. The documents that the authority may use to verify the financial information may include, but need not be limited to, certification by the applicants, recent federal income tax returns, current pay stubs, and current bank statements.

##### **§ 18A:71C-24** Eligible institution. {#sec-18a-71c-24 omnilex-key=us-nj-statutes--title-18a--18A:71C-24}

Unless restricted by the authority by regulations, "eligible institution" means, for the purposes of this article only, an institution of higher education licensed by the appropriate agency or department and accredited or preaccredited by a nationally recognized accrediting association. Eligible institutions shall also include certain proprietary institutions but only for degree granting programs approved by the commission or for other proprietary institutions as determined by the authority.

##### **§ 18A:71C-25** Maximum loan amounts. {#sec-18a-71c-25 omnilex-key=us-nj-statutes--title-18a--18A:71C-25}

a. The authority shall establish maximum annual loan amounts and maximum total loan amounts which may be made under the NJCLASS Loan Program; however, the amount of a NJCLASS Loan Program loan may not exceed, in combination with other financial aid, the total education costs of attending an eligible institution as determined by that institution.

b. In the case of a student borrower who first borrows under the NJCLASS Loan Program after the effective date of P.L.2017, c.198, the maximum total loan amount which may be made shall not exceed $150,000. The amount of the borrowing cap shall be increased for each academic year over the prior year by the regression-based index value of the Higher Education Price Index. The borrowing cap shall not apply to loans that are consolidating or refinancing existing loans.

c. When establishing the maximum annual loan amount for a student borrower, the authority shall deduct the maximum amount of federal Direct Subsidized Loans available to the student from the available NJCLASS loan amount. If the available interest rate for federal Direct Unsubsidized Loans is lower than the interest rate available to the student under the NJCLASS Loan Program, the authority shall deduct the maximum amount of federal Direct Unsubsidized Loans available to the student from the available NJCLASS loan amount.

##### **§ 18A:71C-26** Accrual of interest; payment. {#sec-18a-71c-26 omnilex-key=us-nj-statutes--title-18a--18A:71C-26}

Interest on each NJCLASS Loan Program loan shall accrue from the date of the making of the loan; however, the payment of the principal or the interest or both may be deferred until a time or times determined by the authority. The rate of interest on each loan shall be determined by the authority.

##### **§ 18A:71C-27** Student eligibility. {#sec-18a-71c-27 omnilex-key=us-nj-statutes--title-18a--18A:71C-27}

a. Unless otherwise restricted by the authority by regulation, an eligible student under the NJCLASS Loan Program shall:

(1) be a New Jersey resident enrolled on at least a part-time basis as an undergraduate or graduate student in an eligible institution in New Jersey; or

(2) be a New Jersey resident enrolled on at least a part-time basis as an undergraduate or graduate student in an eligible institution outside of New Jersey; or

(3) reside outside the State and be enrolled on at least a part-time basis as an undergraduate or graduate student in an eligible institution in New Jersey.

b. To be eligible for a NJCLASS loan financed in whole or in part by qualified student loan bonds, as described under section 144(b) of the Federal Internal Revenue Code of 1986, 26 U.S.C.s.144(b), the student in addition to meeting the requirements of subsection a. of this section, shall meet the eligibility criteria described in section 144(b) of the Federal Internal Revenue Code of 1986, 26 U.S.C.s.144(b), or not be in violation of any other criteria which would result in the bonds no longer to be qualified under section 144(b) of the Federal Internal Revenue Code of 1986, 26 U.S.C.s.144(b).

##### **§ 18A:71C-28** Limitations on program; fees. {#sec-18a-71c-28 omnilex-key=us-nj-statutes--title-18a--18A:71C-28}

a. The authority may limit the number of students who receive NJCLASS Loan Program loans for attendance at any educational institution with a default rate exceeding the standard which will be set by the authority.

b. The authority may place a limitation upon the number of NJCLASS Loan Program loans made pursuant to this article, if, in its judgment, a limitation is necessary to preserve the fiscal viability of the fund.

c. The authority may establish and collect a fee, to be paid by each eligible borrower under the NJCLASS Loan Program to assist in the support of the administration of the NJCLASS Loan Program by the authority and to assist in covering the cost of loan defaults.

##### **§ 18A:71C-29** Certain actions prohibited concerning NJCLASS loans. {#sec-18a-71c-29 omnilex-key=us-nj-statutes--title-18a--18A:71C-29}

a. Unless expressly limited to federal programs, the information exchange, wage withholding, collection procedures, repayment determinations, and other provisions set forth under article 1 of this part shall apply to the NJCLASS Loan Program.

b. Notwithstanding any provision of law to the contrary, in the case of any NJCLASS loan in default status, the authority shall not refer any borrower to the Department of the Treasury, Division of Taxation for Set-Off of Individual Liability or notify the department and the Division of the State Lottery to withhold a borrower's winnings pursuant to section 5 of P.L.1997, c.306 (C.5:9-13.14) if the authority and borrower have entered into a settlement agreement .

c. Notwithstanding any provision of law to the contrary, any entity designated in section 2 of P.L.1978, c.73 (C.45:1-15), or any principal department in the Executive Branch of State government or any division, board, bureau, office, commission, or other instrumentality within or created by such a department, or any other entity created to license or otherwise regulate a profession or occupation, issuing any license, certification, or registration, shall not define a borrower's delinquent or default status on an NJCLASS loan as the basis for the denial, suspension, or revocation of the borrower's professional or occupational license, certification, or registration.

##### **§ 18A:71C-30** Act not to affect higher education student assistance fund. {#sec-18a-71c-30 omnilex-key=us-nj-statutes--title-18a--18A:71C-30}

Nothing in this article shall be construed to limit the power of the authority to establish and maintain the Higher Education Student Assistance Fund or to alter the terms and conditions of loans made to students under that fund.

##### **§ 18A:71C-31** Falsely securing State loan; crime. {#sec-18a-71c-31 omnilex-key=us-nj-statutes--title-18a--18A:71C-31}

Any person who, having obtained a State loan under this act, solicits, applies for, or accepts another such loan, except as specifically authorized in this act, and any person who knowingly or willfully furnishes any false or misleading information for the purpose of obtaining a loan, or of enabling another to obtain a loan, under this act, shall be guilty of a crime of the fourth degree.

##### **§ 18A:71C-31.1** Discharge of student loan in case of death of borrower. {#sec-18a-71c-31.1 omnilex-key=us-nj-statutes--title-18a--18A:71C-31.1}

1. a. In the event of the death of an eligible student borrower under the NJCLASS Loan Program, the authority shall fully discharge the obligation of the student borrower and a parent or guardian who cosigned the loan.

b. The executor or administrator of the student borrower's estate shall provide written notification to the authority of the student borrower's death and shall provide the authority with a certified copy of the death certificate within 120 days of the student borrower's death.

##### **§ 18A:71C-31.2** Discharge of student loan in case of total, permanent disability of borrower. {#sec-18a-71c-31.2 omnilex-key=us-nj-statutes--title-18a--18A:71C-31.2}

2. a. In the event that an eligible student borrower under the NJCLASS Loan Program becomes totally and permanently disabled, the authority shall fully discharge the obligation of the student borrower and a parent or guardian who cosigned the loan. To qualify for the loan discharge the student borrower shall provide the authority with a written statement from a physician, who is a doctor of medicine or osteopathy and is legally authorized to practice, certifying that the student borrower is totally and permanently disabled.

b. As used in this section, "totally and permanently disabled" means the condition of a student borrower who is unable to work and earn money or attend school because of an injury or illness that is expected to continue indefinitely or result in death. A student borrower shall be considered totally and permanently disabled even if the student borrower continues to receive an equal or greater amount of income from the source of income that was used to meet the minimum income requirements at the time the loan was approved.

##### **§ 18A:71C-31.3** Deferment of student loan payments due to temporary total disability. {#sec-18a-71c-31.3 omnilex-key=us-nj-statutes--title-18a--18A:71C-31.3}

3. a. In the event that an eligible student borrower under the NJCLASS Loan Program becomes temporarily totally disabled, the authority shall grant a deferment of payment of loan principal and interest. To qualify for the loan deferment, the student borrower shall provide the authority with a written statement from a physician, who is a doctor of medicine or osteopathy and is legally authorized to practice, certifying that the student borrower is temporarily totally disabled. The deferment shall begin on the date that the student borrower's temporary total disability is certified to begin and shall end on the date that the eligible student's temporary total disability is certified to end. Interest on the loan shall not accrue during the period of deferment.

b. As used in this section, "temporary total disability" means that the student borrower is unable to work and earn money or attend school during the period needed to recover from the injury or illness. A student borrower shall be considered temporarily totally disabled even if the student borrower continues to receive an equal or greater amount of income from the source of income that was used to meet the minimum income requirements at the time the loan was approved.

##### **§ 18A:71C-31.4** Repayment Assistance Program. {#sec-18a-71c-31.4 omnilex-key=us-nj-statutes--title-18a--18A:71C-31.4}

1. a. In order to assist borrowers who are facing economic hardships, the Higher Education Student Assistance Authority shall establish a Repayment Assistance Program for new loans originated under the Standard New Jersey College Loans to Assist State Students (NJCLASS) Loan Program beginning with the 2017-2018 academic year. Under the Repayment Assistance Program, eligible borrowers shall pay a reduced monthly loan payment equal to 10 percent of the total of the aggregate household income of all of the parties to the loan that exceeds 150 percent of the federal poverty guidelines, with a minimum monthly payment of $5.

b. Subject to the limits of funding made available pursuant to section 3 of this act, a borrower shall be eligible to participate in the Repayment Assistance Program for a period not to exceed two years. During the period of participation in the Repayment Assistance Program, the authority shall pay the interest on the NJCLASS loan at the stated loan rate and the payments made by the borrower shall be applied to reduce the principal balance of the loan. At the end of the borrower's participation in the Repayment Assistance Program, the new monthly repayment amount shall be recalculated based on the remaining principal balance of the loan, interest accruing thereon at the original stated loan rate, and the remaining length of the original term to repay the loan.

c. As used in this section, borrowers are determined to be facing an "economic hardship" if the monthly amount required to pay their Standard NJCLASS loans is higher than the monthly payment amount required under the Repayment Assistance Program established in this section.

##### **§ 18A:71C-31.5** Household Income Affordable Repayment Plan. {#sec-18a-71c-31.5 omnilex-key=us-nj-statutes--title-18a--18A:71C-31.5}

2. a. To provide further assistance to borrowers who continue to face economic hardships after exhausting their eligibility for the Repayment Assistance Program, the Higher Education Student Assistance Authority shall establish a Household Income Affordable Repayment Plan for new loans originated under the Standard NJCLASS Loan Program beginning with the 2018-2019 academic year. Subject to the limits of funding made available pursuant to section 3 of this act, a borrower shall be eligible for the Household Income Affordable Repayment Plan upon exhausting the two-year eligibility period for the Repayment Assistance Program. Under the Household Income Affordable Repayment Plan, an eligible borrower shall be eligible to make reduced loan payments equal to 15 percent of the total of the aggregate household income of all of the parties to the loan that exceeds 150 percent of the federal poverty guidelines, with a minimum monthly payment of $25.

b. Upon qualification for admittance to the Household Income Affordable Repayment Plan, the repayment term for a loan in the plan shall be extended to 25 years from the date of origination. Interest shall continue to accrue on the loan while in repayment under the plan at the original loan rate. Any remaining balance at the end of 25 years shall be forgiven.

c. All parties to a loan shall provide the authority with annual income certification and proof of need to remain in the Household Income Affordable Repayment Plan. In the event that the parties to a loan no longer qualify for participation in the plan, the repayment term shall remain at 25 years and the monthly repayment amount shall revert to the standard monthly payment. Unpaid interest shall be capitalized upon return to the standard monthly payment.

d. As used in this section, "standard monthly payments" are determined by the authority when parties enter the Household Income Affordable Repayment Plan by capitalizing all unpaid interest and amortizing the remaining loan balance over the remaining original loan repayment term.

e. As used in this section, borrowers are determined to be facing an "economic hardship" if the monthly amount required to pay their Standard NJCLASS loans is higher than the monthly payment amount required under the Household Income Affordable Repayment Plan established in this section.

##### **§ 18A:71C-31.6** Funding for programs included in bond indentures. {#sec-18a-71c-31.6 omnilex-key=us-nj-statutes--title-18a--18A:71C-31.6}

3. For new Standard NJCLASS loans financed in whole or in part by bonds issued by the authority pursuant to N.J.S.18A:71A-8, funding for the Repayment Assistance Program established pursuant to section 1 of this act and the Household Income Affordable Repayment Plan established pursuant to section 2 of this act shall be included as a provision in the applicable bond indentures. The programs shall be limited to the amounts included in the bond indentures and shall not infringe on the rights of bondholders established pursuant to N.J.S.18A:71A-19 and N.J.S.18A:71A-22. The number of borrowers who may participate in the Repayment Assistance Program and Household Income Repayment Plan shall be limited by the funding parameters set forth in any applicable bond indenture and any limitations or restrictions on amendments thereto.

##### **§ 18A:71C-31.7** Regulations. {#sec-18a-71c-31.7 omnilex-key=us-nj-statutes--title-18a--18A:71C-31.7}

4. The Higher Education Student Assistance Authority shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this act.

##### **§ 18A:71C-31.8** NJCLASS loan determined to be in default; settlement agreement. {#sec-18a-71c-31.8 omnilex-key=us-nj-statutes--title-18a--18A:71C-31.8}

1. a. The authority may declare an NJCLASS loan program loan to be in default when the parties to the loan fail to meet the terms of the promissory note under circumstances where it is reasonable for the authority to determine that the parties no longer intend, or are no longer able, to honor the obligation to repay the loan or when the parties fail to make installment payments when due, provided failure to repay persists for:

(1) at least 180 days when payments are due monthly; or

(2) at least 240 days when payments are due less frequently than monthly.

b. Upon default, parties may become liable for the entire balance of the loan.

c. To facilitate recovery on a defaulted NJCLASS loan program loan, the authority shall offer parties to the defaulted loan the opportunity to enter into a settlement agreement, either pre- or post- judgement, based on the terms of the loan and the ability of the parties to the loan to make payments.

(1) The authority's counsel shall respond to a request for a settlement agreement within 15 business days of the request.

(2) The authority's counsel shall provide parties with a proposed written settlement agreement within 30 business days of reaching an oral agreement with the parties reflecting the agreed upon terms.

(3) For an NJCLASS loan program loan financed in whole or in part by bonds issued by the authority pursuant to N.J.S.18A:71A-8, the terms of the settlement agreement shall not violate the terms of the applicable bond indentures.

d. If parties to a defaulted NJCLASS loan program loan demonstrate to the authority an ability and willingness to repay the loan by making nine on-time monthly payments over the course of ten consecutive months pursuant to the settlement agreement, the loan shall be considered rehabilitated for the limited purposes of meeting the requirements of Title VI of the federal "Economic Growth, Regulatory Relief, and Consumer Protection Act," Pub.L.115-174.

(1) If subsequent to rehabilitating the loan the parties fail to continue to honor the obligations of the settlement agreement for at least 180 days, the loan may no longer be considered rehabilitated.

(2) A defaulted NJCLASS loan program loan may only be rehabilitated one time.

e. The authority shall accurately report the status of defaulted loans to the credit bureaus pursuant to the federal "Fair Credit Reporting Act" (15 U.S.C. s.1681s-2) and Title VI of the federal "Economic Growth, Regulatory Relief, and Consumer Protection Act," Pub.L.115-174.

##### **§ 18A:71C-32** Definitions. {#sec-18a-71c-32 omnilex-key=us-nj-statutes--title-18a--18A:71C-32}

"Approved site" means a site located within a State-designated underserved area or a health professional shortage area, or a clinic which is part of the extramural network of dental clinics established by the New Jersey Dental School of Rutgers, The State University, or a site that has been determined by the Higher Education Student Assistance Authority, in consultation with the Department of Health, to serve medically underserved populations according to criteria determined by the authority in accordance with section 17 of P.L.2025, c.345 (C. 18A:71C-35.1).

"Authority" means the Higher Education Student Assistance Authority.

"Eligible qualifying loan expenses" means the cumulative outstanding balance of student loans covering the cost of attendance at an institution of medical, dental, or other primary care professional education at the time an applicant is selected for the program. Interest paid or due on qualifying loans that an applicant has taken out for use in paying the costs of medical, dental, or other primary care professional education shall be considered eligible for reimbursement under the program. The total amount of qualifying loans which may be redeemed for participants under the program shall be $200,000 for participants employed at an approved site or the maximum amount authorized by the federal government, whichever is greater, either in State funds or the sum of federal, State, and other non-federal matching funds, pursuant to section 338I of the Public Health Service Act (42 U.S.C.s.254q-1), whichever is applicable.

"Executive director" means the executive director of the Higher Education Student Assistance Authority.

"Health professional shortage area" (HPSA) means an urban or rural area, a population group, or a public or non-profit private medical or dental facility or other public facility which the Secretary of Health and Human Services determines has a health professional shortage pursuant to section 332 of the Public Health Service Act (42 U.S.C. s.254e).

“Medical, dental, or other primary care professional education” means the period of time between entry into medical school, dental school, or other primary care or medical professional training program and the award of a degree in allopathic or osteopathic medicine, dentistry, or another primary care profession, respectively.

"Primary care" means the practice of family medicine, general internal medicine, general pediatrics, general obstetrics, gynecology, pediatric dentistry, general dentistry, public health dentistry, and any other areas of medicine or dentistry which the Commissioner of Health may define as primary care. Primary care also includes the practice of a nurse-practitioner, certified nurse-midwife, and physician assistant.

"Primary care practitioner" means a State-licensed or certified health care professional who has obtained a degree in allopathic or osteopathic medicine, dentistry, or another primary care profession at an institution of medical, dental, or other primary care professional education, as applicable.

"Program" means the Health Care Professional Loan Redemption Program established pursuant to N.J.S.18A:71C-33.

"Program participant" means a practitioner who contracts with the authority to engage in the clinical practice of primary care, psychiatry, or other qualifying health care field at an approved site in exchange for the redemption of eligible qualifying loan expenses provided under the program.

"Qualifying loan" means a government or commercial loan for the actual costs paid for tuition and reasonable education and living expenses relating to the obtaining of a degree in allopathic or osteopathic medicine, dentistry, or another primary care profession.

"State-designated medically underserved area" means a geographic area in this State which has been ranked by the Commissioner of Health on the basis of health status and economic indicators as reflecting a medical or dental health professional shortage, in consultation with the Commissioner of Human Services; or a municipality with a medically underserved area or population designation reflecting health status and economic indicators as determined by the United States Health Resources and Services Administration.

"Total and permanent disability" means a physical or mental disability that is expected to continue indefinitely or result in death and renders a participant in the program unable to perform that person's service obligation, as determined by the executive director or a designee.

##### **§ 18A:71C-33** Primary care practitioner loan redemption program established. {#sec-18a-71c-33 omnilex-key=us-nj-statutes--title-18a--18A:71C-33}

There is established a Health Care Professional Loan Redemption Program within the Higher Education Student Assistance Authority. The program shall provide for the redemption of a portion of the eligible qualifying loan expenses of program participants for each year of service at an approved site.

##### **§ 18A:71C-34** Eligibility for participation in program. {#sec-18a-71c-34 omnilex-key=us-nj-statutes--title-18a--18A:71C-34}

To be eligible to participate in the program, an applicant shall:

a. be a resident of the State;

b. be a primary care practitioner, psychiatrist, or other health care professional designated by the Commissioner of Health pursuant to section 16 of P.L.2025, c.345 (C.18A:71C-34.1) for inclusion in the program; and

c. (Deleted by amendment, P.L.2009, c.145)

d. agree to practice primary care, psychiatry, or other qualifying medical care, as appropriate, at an approved site under the terms and conditions provided in N.J.S.18A:71C-36 and the agreement issued thereunder.

##### **§ 18A:71C-34.1** Designation of additional health care fields. {#sec-18a-71c-34.1 omnilex-key=us-nj-statutes--title-18a--18A:71C-34.1}

16. The Commissioner of Health, after consultation with the Commissioner of Labor and Workforce Development and the Director of the Division of Consumer Affairs, may designate additional health care fields experiencing critical Statewide labor shortages for inclusion in the program.

##### **§ 18A:71C-35** Ranking of State designated underserved areas. {#sec-18a-71c-35 omnilex-key=us-nj-statutes--title-18a--18A:71C-35}

The Commissioner of Health, after consultation with the Commissioner of Human Services, shall designate and establish a ranking of State-designated underserved areas, including both professional shortage areas and medically underserved areas. The criteria used by the Commissioner of Health in designating areas shall include, but not be limited to:

a. the financial resources of the population under consideration, including the percentage of the population that is eligible for medical assistance pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.) and P.L.2005, c.156 (C.30:4J-8 et seq.), and the percentage of the population that does not have health insurance coverage;

b. the population's access to primary care, psychiatry, and other medical services;

c. appropriate physician, dentist, psychiatrist, or other primary care staffing in State, county, municipal, and private nonprofit health care facilities and in clinics which are part of the extramural network of dental clinics established by the New Jersey Dental School of Rutgers, The State University; and

d. the extent to which racial and ethnic disparities in health care in a geographic area, including, but not limited to, disparities in the incidence of cancer, cardiovascular disease, stroke, chemical dependency, diabetes, asthma, homicide, suicide, accidental injury, infant mortality, child immunization rates, HIV/AIDS, dental caries, and periodontal disease, indicate the need to increase access to health care services among racial and ethnic minority populations in that area.

The Commissioner of Health shall transmit the list of State-designated medically underserved areas and the number of positions needed in each area to the executive director or designee by January 1 of each year. The Commissioner of Human Services shall transmit the total percentage of Medicaid enrollees in each county as required by paragraph (3) of subsection a. of section 17 of P.L.2025, c.345 (C.18A:71C-35.1) to the executive director or designee by January 1 of each year.

##### **§ 18A:71C-35.1** Criteria for an approved site. {#sec-18a-71c-35.1 omnilex-key=us-nj-statutes--title-18a--18A:71C-35.1}

17. a. A site shall automatically be deemed an approved site if the site:

(1) is located within a State-designated underserved area or a health professional shortage area, or is a clinic which is part of the extramural network of dental clinics established by the New Jersey Dental School of Rutgers, The State University, or is determined by the Higher Education Student Assistance Authority, in consultation with the Department of Health, to serve medically underserved populations;

(2) participates in the Medicaid and Medicare programs; however, the authority shall not require participation in more than one Medicaid Managed Care organization;

(3) in a county in which less than 30 percent of the population are Medicaid enrollees, the site serves medically underserved populations at a rate equal to or greater than the percentage of residents of the county who are Medicaid enrollees, and in a county in which 30 percent or more of the population are Medicaid enrollees, the site serves medically underserved populations at a rate equal to or greater than 80 percent of the percentage of residents of the county who are Medicaid enrollees;

(4) uses a sliding fee scale for patients falling under 250 percent of the federal poverty level who are uninsured or underinsured; and

(5) does not discriminate against any patient in the provision of health care services on the basis of that person’s ability to pay or source of payment.

b. If a site is unable to demonstrate that it serves medically underserved populations as required pursuant to paragraph (3) of subsection a. of this section, the authority may approve a site if the site:

(1) meets each requirement outlined in subsection a. of this section except for the requirement outlined in paragraph (3) of subsection a. of this section; and

(2) is accepting and serving new Medicaid patients.

c. The authority shall not require any additional site eligibility requirements.

##### **§ 18A:71C-35.2** Information for publication on authority website. {#sec-18a-71c-35.2 omnilex-key=us-nj-statutes--title-18a--18A:71C-35.2}

5. The authority shall annually publish on its Internet website:

a. the list of State-designated medically underserved areas and the number of positions needed in each area as determined pursuant to N.J.S.18A:71C-35 as transmitted by the Commissioner of Health;

b. the total percentage of Medicaid enrollees in each county as required by paragraph (3) of subsection a. of section 17 of P.L.2025, c.345 (C.18A:71C-35.1), as transmitted by the Commissioner of Human Services; and

c. any other sources for criteria utilized by the authority to review and evaluate loan recipients’ or approved sites’ applications for the Health Care Professional Loan Redemption Program established pursuant to N.J.S.18A:71C-33.

##### **§ 18A:71C-36** Entry into program; agreements. {#sec-18a-71c-36 omnilex-key=us-nj-statutes--title-18a--18A:71C-36}

a. In administering the program, the authority or its designated agent shall contract only with a primary care practitioner, psychiatrist, or other health care practitioner employed in a field designated by the Commissioner of Health for inclusion in the program pursuant to section 16 of P.L.2025, c.345 (C.18A:71C-34.1).

b. The contract for a program participant employed at an approved site shall require a program participant to:

(1) serve at least an initial two-year period at an approved site in the full-time clinical practice of that person's profession;

(2) charge for professional services at the usual and customary rate prevailing in the area in which the approved site is located, but allow a patient who is unable to pay that charge to pay at a reduced rate or receive care at no charge;

(3) not discriminate against any patient in the provision of health care services on the basis of that person's ability to pay or source of payment; and

(4) agree not to impose any charge in excess of the limiting fee for a service, as determined by the United States Secretary of Health and Human Services, to a recipient of benefits under the federal Medicare program established pursuant to Pub.L.89-97 (42 U.S.C.s.1395 et seq.).

c. The contract for any program participant shall also specify the applicant's dates of required service and the total amount of eligible qualifying loan expenses to be redeemed by the State in return for service, and stipulate that the applicant has knowledge of and agrees to the six-month probationary period required prior to final acceptance into the program pursuant to N.J.S.18A:71C-38.

##### **§ 18A:71C-36.1** Performance standards for program participants. {#sec-18a-71c-36.1 omnilex-key=us-nj-statutes--title-18a--18A:71C-36.1}

10. a. A program participant, as a condition of participation, shall be required to adhere to performance standards established by the executive director or a designee, and if the program participant is employed at a clinic which is part of the extramural network of dental clinics established by the New Jersey Dental School of Rutgers, The State University, the program participant shall also meet performance standards set by the New Jersey Dental School.

b. The standards shall include, but not be limited to, requirements that a participant:

(1) maintain residency in the State;

(2) maintain a license or certification to practice a primary care profession, psychiatry, or other qualifying health care profession in the State;

(3) remain current with payments on student loans;

(4) enter into a mutually acceptable contract with an approved site;

(5) maintain satisfactory performance of services rendered; and

(6) report to the authority or its designee, on a form and in a manner prescribed by the authority or its designee, on the program participant's performance of services rendered prior to repayment of the annual amount eligible for redemption.

##### **§ 18A:71C-37** Redemption limits; service. {#sec-18a-71c-37 omnilex-key=us-nj-statutes--title-18a--18A:71C-37}

a. Maximum redemption of loans under the loan redemption program shall amount to 18 percent of principal and interest of eligible qualifying loan expenses in return for one full year of service at an approved site, an additional 26 percent for a second full year of service, an additional 28 percent for a third full year of service, and an additional 28 percent for a fourth full year of service for a total redemption of eligible qualifying loan expenses of up to, but not to exceed, $200,000 for service at an approved site, or the maximum amount authorized by the federal government, whichever is greater, either (1) in State funds or (2) the sum of federal, State, and other non-federal funds pursuant to section 338I of the Public Health Service Act (42 U.S.C.s.254q-1), whichever is applicable. No amount of eligible qualifying loan expenses shall be redeemed for services performed for less than a full year.

b. A participant who enters an agreement to fulfill service in a State-designated underserved area that is also a HPSA shall be permitted a total redemption of eligible qualifying loan expenses for four years of service up to, but not to exceed, the sum of federal, State and other non-federal matching funds provided pursuant to section 338I of the Public Health Service Act (42 U.S.C.s.254q-1).

c. A program participant who enters an agreement to fulfill service in a State-designated underserved area that is not also a HPSA shall be permitted a total redemption of eligible qualifying loan expenses for four years of service up to, but not to exceed, $200,000, or the maximum amount authorized by the federal government, whichever is greater, in State funds.

d. A program participant who has engaged in full-time clinical practice during the participant's initial two years of participation in the program shall be permitted to fulfill the program participant's subsequent service obligations on a part-time basis with the approval of the authority or its designee and the program participant's employer in a State-designated underserved area, with the program participant's redemption credit accruing on a pro rata basis. The program participant may be permitted a total redemption of eligible qualifying loan expenses for the equivalent of four years of full-time service.

##### **§ 18A:71C-37.1** Reimbursement payments for tax liability of participant. {#sec-18a-71c-37.1 omnilex-key=us-nj-statutes--title-18a--18A:71C-37.1}

16. The executive director or his designee may, within the limits of available funds and in accordance with eligibility criteria determined by the executive director or his designee, make payments in a reasonable amount, as determined by the executive director or his designee, to reimburse a program participant for all or part of any increased tax liability incurred by the participant, pursuant to the "New Jersey Gross Income Tax Act," N.J.S.54A:1-1 et seq., which results from the redemption of eligible qualifying loan expenses under the program.

##### **§ 18A:71C-38** Probationary period. {#sec-18a-71c-38 omnilex-key=us-nj-statutes--title-18a--18A:71C-38}

Each program participant shall serve a six-month probationary period upon initial placement at an approved site. During that period, the supervisory staff of the approved site, or in the case of a clinic which is part of the extramural network of dental clinics established by the New Jersey Dental School of Rutgers, The State University, the director of the clinics and the vice-dean of the dental school, together with the program participant and the executive director or a designee, shall evaluate the suitability of the placement for the program participant. At the end of the probationary period, the supervisory staff shall recommend the continuation of the program participant's present placement, a change in placement, or its determination that the program participant is an unsuitable candidate for the program. If the supervisory staff of the approved site recommends a change in placement, the executive director or a designee shall approve an alternate placement at an approved site. If the supervisory staff determines that the program participant is not a suitable candidate for the program, the executive director or a designee shall take this recommendation into consideration in regard to the program participant's final acceptance into the program. No loan redemption payment shall be made during the six-month probationary period; however, a program participant shall receive credit for the six-month period in calculating the first year of required service under the loan redemption contract.

##### **§ 18A:71C-39** Matching of participants with areas. {#sec-18a-71c-39 omnilex-key=us-nj-statutes--title-18a--18A:71C-39}

The executive director or a designee, in consultation with the Commissioner of Health, shall assist program applicants and participants in identifying an approved site. A program applicant or participant may identify a proposed site for designation as an approved site, provided that the site meets the criteria established pursuant to section 17 of P.L.2025, c.345 (C. 18A:71C-35.1). Nothing in this act shall prohibit a program applicant or participant from identifying an approved site for designation and approval under the program.

##### **§ 18A:71C-40** Selection of participants; priority. {#sec-18a-71c-40 omnilex-key=us-nj-statutes--title-18a--18A:71C-40}

The executive director or a designee shall select the program participants from among those applicants who meet the eligibility criteria established pursuant to N.J.S.18A:71C-34, subject to available funds and available approved sites, as applicable. In the event that there are insufficient funds or approved sites to select all of the applicants who meet the eligibility criteria, the executive director or a designee shall accord priority to applicants in the following manner:

a. first, to any applicant who is employed by or has an offer of employment at an approved site;

b. second, to any applicant according to the severity of the health care provider shortage in the area selected by the applicant;

c. third, to any applicant whose residence in the State at any time prior to initiating an application was within a State-designated underserved area ;

d. fourth, to any applicant whose approved site is a community-based ambulatory healthcare practice, which includes practices operated by a private entity that provide comprehensive pediatric care, behavioral health care, preventative care, or primary care health services;

e. fifth, to any applicant whose approved site is a hospital-affiliated practice or clinic that provides comprehensive pediatric care, behavioral health care, preventative care, or primary care services; and

f. sixth, to any applicant who graduated from a high school or institution of higher education in the State or completed a medical residency in the State.

In the event that there are more applicants who have the same priority than there are program positions, the executive director or a designee shall select program participants by means of a lottery or other form of random selection.

##### **§ 18A:71C-41** Nullification of agreement. {#sec-18a-71c-41 omnilex-key=us-nj-statutes--title-18a--18A:71C-41}

A program participant who has previously entered into a contract with the authority may nullify the agreement by notifying the authority in writing and reassuming full responsibility for the remaining outstanding balance of the loan debt. In no event shall service for less than the full calendar year of each period of service entitle the program participant to any benefits under the program. A program participant seeking to nullify the contract before completing a second full year of service shall be required to pay 50 percent of the redeemed portion of indebtedness in not more than one year following nullification of the agreement.

##### **§ 18A:71C-42** Death or permanent disability of participant. {#sec-18a-71c-42 omnilex-key=us-nj-statutes--title-18a--18A:71C-42}

In case of a program participant's death or total and permanent disability, the authority or its designee shall nullify the service obligation of the program participant. The nullification shall terminate the authority's obligations under the loan redemption contract, except in the event that a program participant's death or total and permanent disability occurs during the second year of service, the authority shall not require repayment of the prior redeemed portion of indebtedness. When continued enforcement of the contract may result in extreme hardship, the authority or its designee may nullify or suspend the service obligation of the program participant.

##### **§ 18A:71C-43** Conviction of crime; gross negligence; breach of performance standards; failure to repay; penalties. {#sec-18a-71c-43 omnilex-key=us-nj-statutes--title-18a--18A:71C-43}

a. In the case of:

(1) a program participant's conviction of a crime or an act of gross negligence in the performance of service obligations;

(2) suspension or revocation of the program participant's license or certification to practice; or

(3) a program participant's breach of the performance standards established pursuant to section 10 of P.L.2009, c.145 (C.18A:71C-36.1);

the executive director or his designee is authorized to terminate the program participant's service in the program.

b. A program participant who fails to repay an amount due the authority under the program may be subject to actions initiated by the authority or its designee, which may include, but are not limited to, recovery of the amount due by an action brought in a court of competent jurisdiction or through the offset of State tax refunds or rebates, making this information available to credit reporting agencies, and exclusion from eligibility for any student assistance benefits administered by the authority, as well as action by the federal government, to the extent that loan redemption benefits are federally funded, to recover any amount due it as permitted by federal law. In any action brought by the authority or its designee in a court of competent jurisdiction pursuant to this subsection, the program participant shall be liable for: the debt incurred, interest on the debt at the maximum legal prevailing rate as determined by the United States Treasurer, and the administrative and court costs associated with collection of the debt.

##### **§ 18A:71C-43.1** False, misleading information, fourth degree crime. {#sec-18a-71c-43.1 omnilex-key=us-nj-statutes--title-18a--18A:71C-43.1}

13. A person who knowingly or willfully furnishes any false or misleading information for the purpose of receiving loan redemption benefits under the program is guilty of a crime of the fourth degree.

##### **§ 18A:71C-44** National Health Service Corps Loan Repayment Program participants ineligible. {#sec-18a-71c-44 omnilex-key=us-nj-statutes--title-18a--18A:71C-44}

A student who is participating in the federally administered National Health Service Corps Loan Repayment Program, section 338B of the Public Health Service Act (42 U.S.C.s.254 l-1), shall not be eligible to participate simultaneously in the Health Care Professional Loan Redemption Program.

##### **§ 18A:71C-46** Recruitment. {#sec-18a-71c-46 omnilex-key=us-nj-statutes--title-18a--18A:71C-46}

The executive director or designee and the Commissioner of Health and Senior Services, in cooperation with their designated agent, shall together establish a procedure for the recruitment of program applicants at medical and dental schools and health centers. The procedure shall provide for the participation of the medical and dental staff, as appropriate, of those facilities in the selection of appropriate applicants for the program.

##### **§ 18A:71C-46.1** Availability of information. {#sec-18a-71c-46.1 omnilex-key=us-nj-statutes--title-18a--18A:71C-46.1}

18. The authority shall work with State institutions of medical, dental, and other health care professional education to ensure that information on the Health Care Professional Loan Redemption Program is made available to students upon enrollment.

##### **§ 18A:71C-47** Federal funds. {#sec-18a-71c-47 omnilex-key=us-nj-statutes--title-18a--18A:71C-47}

The authority shall annually apply for any federal funds which may be available to implement the provisions of this act.

##### **§ 18A:71C-48** Rules and regulations. {#sec-18a-71c-48 omnilex-key=us-nj-statutes--title-18a--18A:71C-48}

The authority shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to implement the provisions of N.J.S.18A:71C-32 through N.J.S.18A:71C-47 and section 17of P.L.2025, c.345 (C.18A:71C-35.1).

##### **§ 18A:71C-48.1** Annual report requirements. {#sec-18a-71c-48.1 omnilex-key=us-nj-statutes--title-18a--18A:71C-48.1}

18. The authority shall annually submit a report on the Health Care Professional Loan Redemption Program established pursuant to N.J.S.18A:71C-32 et seq. to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). The report shall be submitted no later than August 1 of each year and shall include, but not be limited to, the following information for the prior fiscal year:

a. the total number of participants receiving loan redemption under the program;

b. the total amount of loan redemption provided through the program;

c. a profile of program participants, including demographic information and medical specialty, information on the employers of program participants, including if a participant’s approved site contracts with a State entity, and the last institution of higher education from which the participant received a degree;

d. the average annual loan redemption amount and the five-year average loan redemption amount of program participants;

e. the total number of health care professionals who have completed the program and remain licensed to practice in the State, including information on if a health care professional who completed the program is employed in a medically underserved community; and

f. the effect of the program on meeting the demand for labor in primary care, psychiatry, and other qualifying health care fields in the State.

##### **§ 18A:71C-49** OB/GYN student loan expense reimbursement program. {#sec-18a-71c-49 omnilex-key=us-nj-statutes--title-18a--18A:71C-49}

29. a. There is established a student loan expense reimbursement program within the Higher Education Student Assistance Authority for obstetrician/gynecologists who agree to practice in State designated underserved areas as established pursuant to section 1 of P.L.1999, c.46 (C.18A:71C-35). Any loans provided through the NJCLASS Loan Program pursuant to P.L.1999, c.46 (C.18A:71C-21 et seq.) or a student loan program of the federal government shall be eligible for reimbursement under this program.

The authority shall implement the program in consultation with the Commissioners of Banking and Insurance and Health and Senior Services and the State Board of Medical Examiners.

b. (1) An obstetrician/gynecologist who receives a payment under the student loan expense reimbursement program shall be required to practice as an obstetrician/gynecologist in an underserved area in this State for a period of at least four years after receipt of the payment.

(2) An obstetrician/gynecologist who fails to comply with the provisions of paragraph (1) of this subsection shall be required to repay to the Higher Education Student Assistance Authority the amount of the payment, in whole or in part as determined by the authority.

c. The authority 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 purposes of this section, including, but not limited to: eligibility for the program, procedures for application, selection of participants, establishment and nullification of contracts established with participants under the program, and reports to the program by participants.

##### **§ 18A:71C-50** Short title. {#sec-18a-71c-50 omnilex-key=us-nj-statutes--title-18a--18A:71C-50}

1. This act shall be known and may be cited as the "Nursing Faculty Loan Redemption Program Act."

##### **§ 18A:71C-51** Findings, declarations relative to the Nursing Faculty Loan Redemption Program. {#sec-18a-71c-51 omnilex-key=us-nj-statutes--title-18a--18A:71C-51}

2. The Legislature finds and declares that:

a. This State is experiencing a critical shortage in its nursing workforce, which is expected to worsen in the next two decades. In New Jersey, as well as nationwide, the shortage of faculty in schools of nursing is reaching crisis proportions. Insufficient numbers of faculty hinder schools' efforts to increase their capacity.

b. According to projections by the Health Resources and Services Administration of the federal Department of Health and Human Services, New Jersey is estimated to be 49% below demand, resulting in a shortfall of 42,400 registered professional nurse full-time equivalent positions throughout the State by 2020.

c. The demand for nurses at all levels of training and in all health care settings, including hospitals, nursing homes, veterans' homes and home health care and community-based programs, is increasing as the population gets older. Recent data from schools of nursing in New Jersey show that there is an increased interest in nursing by potential students; 67% of schools of nursing in the State turned away qualified student applicants and 57% report numbers of enrollments greater than their current capacity to educate students.

d. The average age of New Jersey's registered professional nurses and licensed practical nurses is increasing each year; in 2007 54.4% of the State's registered professional nurses were between 46 and 60 years of age and 13.3% were more than 60 years of age; 29% of non-retired registered professional nurses were older than 55 years of age. These findings indicate that, assuming the majority of nurses retire at 65 years of age, the State will need to replace one third of its nursing workforce over the next 10 years.

e. The number of full-time faculty positions currently budgeted in New Jersey's schools of nursing totals 575 full-time equivalents. Of these, six percent, or 35 full-time equivalents, were vacant in October 2004; 54% of the nursing schools in the State reported faculty vacancies.

f. The faculty shortage is part of the larger picture and all areas must be addressed as nurses are vital to the public's health. Research indicates that without sufficient numbers of well-qualified nurses, patients' lives and well-being are at increased risk. The minimum educational requirement of a nursing instructor according to the New Jersey Board of Nursing regulations is a master's degree in nursing (MSN). For nursing faculty in the State's 13 associate degree programs in community colleges and 11 diploma programs in hospitals, a MSN is required. Many schools also require that faculty be certified in the specialty practice area in which they teach.

##### **§ 18A:71C-52** Definitions relative to the Nursing Faculty Loan Redemption Program. {#sec-18a-71c-52 omnilex-key=us-nj-statutes--title-18a--18A:71C-52}

3. As used in this act:

"Approved graduate degree program" means a master's degree in nursing (MSN), a doctor of nursing science degree (DNS), a doctor of nursing practice degree (DPN), a doctor of philosophy degree (PhD) in nursing or another relevant field of study.

"Authority" means the Higher Education Student Assistance Authority established pursuant to N.J.S.18A:71A-3.

"Eligible student loan expenses" means the cumulative total of the annual student loans covering the cost of attendance at an approved graduate degree program. Interest paid or due on student loans that an applicant has taken out for use in paying the costs of such education shall be considered eligible for reimbursement under the program.

"Participant" means a person who has completed an approved graduate degree program at an accredited public or independent institution of higher education, and who participates in the program.

"Program" means the Nursing Faculty Loan Redemption Program established pursuant to this act.

##### **§ 18A:71C-53** Nursing Faculty Loan Redemption Program established. {#sec-18a-71c-53 omnilex-key=us-nj-statutes--title-18a--18A:71C-53}

4. a. There is established within the Higher Education Student Assistance Authority the Nursing Faculty Loan Redemption Program. The purpose of the program is to address the current and projected critical shortage of nursing faculty in the State by providing an incentive for persons to enter graduate nursing education programs and for persons already trained as nurses to advance their training in the profession so as to ensure that sufficient numbers of nursing faculty are available to train nursing students, and the State's hospitals, nursing homes, veterans' facilities and home care services and community care programs will have sufficient, trained nursing staff in the future to provide quality health care services to the residents of this State.

The program shall provide loan redemption in exchange for full-time and part-time faculty employment at a school of nursing in the State for a five-year period.

b. In developing the program, the authority shall collaborate with the Robert Wood Johnson Foundation New Jersey Nursing Initiative and such other entities as the authority deems appropriate.

##### **§ 18A:71C-54** Eligibility for participation in program. {#sec-18a-71c-54 omnilex-key=us-nj-statutes--title-18a--18A:71C-54}

5. To be eligible to participate in the program, an applicant shall:

a. be a resident of the State and maintain domicile in the State during participation in the program; and

b. (1) have obtained a master's degree in nursing (MSN), a doctor of nursing science degree (DNS), a doctor of nursing practice degree (DNP), a doctor of philosophy degree (PhD) in nursing or another relevant field of study and be employed in a faculty position, including an adjunct faculty position; and

(2) have maintained a grade point average of 3.0 or higher on a scale of 4.0, or its equivalent, while enrolled in an approved graduate degree program.

##### **§ 18A:71C-55** Application to authority for loan redemption. {#sec-18a-71c-55 omnilex-key=us-nj-statutes--title-18a--18A:71C-55}

6. a. A graduate nursing student or graduate may apply to the authority for a loan redemption in such manner as prescribed by the authority.

b. A program participant shall enter into a written contract with the authority to participate in the program. The contract shall specify the duration of the applicant's required service and the total amount of eligible student loan expenses to be redeemed by the authority in return for service.

c. A participant who has entered into a redemption contract with the authority may nullify that contract by submitting written notification to the authority and assuming full responsibility for repayment of the full amount of the loan or that portion of the loan that has not been redeemed by the State in return for partial fulfillment of the contract.

d. In the case of a participant's death or total or permanent disability, the authority shall nullify the service obligation of the participant; or where continued enforcement of the contract may result in extreme hardship, the authority may nullify or suspend the participant's service obligation.

##### **§ 18A:71C-55.1** Nursing Faculty Loan Redemption Program, shall not exceed $50,000 per program participant. {#sec-18a-71c-55.1 omnilex-key=us-nj-statutes--title-18a--18A:71C-55.1}

3. a. For each year of full-time faculty employment at an eligible institution, the program shall provide $10,000 to a program participant, up to a maximum five years, for the redemption of eligible student loan expenses. Loan redemption amounts for program participants who do not have full-time faculty employment shall be awarded on a pro-rata basis. The total loan redemption amount for a program participant shall not exceed $50,000.

As used in this subsection, "full-time faculty employment" means employment with a faculty load of 12 or more academic credits in each of two semesters in an academic year.

b. No amount of loan redemption shall be provided for service performed for less than a full year. Loan redemption shall be applied first to outstanding State loans and then to outstanding Federal loans.

##### **§ 18A:71C-55.2** Higher Education Student Assistance Authority, Nursing Faculty Loan Redemption Program, information, awareness promotion. {#sec-18a-71c-55.2 omnilex-key=us-nj-statutes--title-18a--18A:71C-55.2}

4. a. The Higher Education Student Assistance Authority shall work with schools of nursing in the State to provide information on the Nursing Faculty Loan Redemption Program to students upon enrollment.

b. The authority shall work with hospitals and medical centers, professional associations, and schools of nursing in the State to promote awareness of the Nursing Faculty Loan Redemption Program and the value of graduate nursing education programs, among active and retired nurses and others interested in the nursing profession.

##### **§ 18A:71C-56** Annual report on the program. {#sec-18a-71c-56 omnilex-key=us-nj-statutes--title-18a--18A:71C-56}

7. The authority shall annually submit to the Governor, and pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the chairman of the Senate Budget and Appropriations Committee, the chairman of the Assembly Appropriations Committee, the chairmen of the Senate and Assembly Education Committees, and the chairmen of the Senate and Assembly Health Committees, a report on the program. The report shall be submitted no later than August 1 of each year and shall include, but not be limited to, the following information for the prior fiscal year:

a. the total number of participants receiving loan redemption under the program;

b. the total number of participants who withdrew from the program or failed to complete the program's employment requirement; and

c. the effect of the program on filling vacant nursing faculty positions in the State and eliminating the need to turn away qualified nursing school applicants.

##### **§ 18A:71C-57** Rules, regulations. {#sec-18a-71c-57 omnilex-key=us-nj-statutes--title-18a--18A:71C-57}

8. The Higher Education Student Assistance Authority shall adopt, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to implement the provisions of this act.

##### **§ 18A:71C-59** Definitions relative to tuition reimbursement for certain psychiatrists. {#sec-18a-71c-59 omnilex-key=us-nj-statutes--title-18a--18A:71C-59}

1. As used in this act:

"Authority" means the Higher Education Student Assistance Authority.

"Eligible tuition expenses" means tuition expenses that were incurred by a program participant in attending an accredited medical school and which were not covered by any grants or scholarships.

"Program" means the tuition reimbursement program for psychiatrists established pursuant to this act.

"Program participant" means a psychiatrist who contracts with the authority to provide mental health care services in a State underserved area or in a State psychiatric hospital in return for tuition reimbursement provided under the program.

"State psychiatric hospital" means a State psychiatric hospital operated by the Department of Human Services and listed in R.S.30:1-7.

"State underserved area" means a geographic area in this State which the Commissioner of Health, in consultation with the Commissioner of Human Services, determines on the basis of health status and economic indicators as having a physician shortage in the specialty of psychiatry.

##### **§ 18A:71C-60** Tuition reimbursement for certain psychiatrists. {#sec-18a-71c-60 omnilex-key=us-nj-statutes--title-18a--18A:71C-60}

2. a. There is established in the Higher Education Student Assistance Authority a tuition reimbursement program for psychiatrists who provide mental health care services in a State underserved area or in a State psychiatric hospital. The program shall provide reimbursement to program participants for a portion of the eligible tuition expenses incurred by the participant in attending medical school.

b. A program participant shall enter into a contract with the authority for a specified number of one-year periods of service, up to four years, in which the participant agrees to engage in the full-time practice of psychiatry in a State underserved area or in a State psychiatric hospital. The agreement shall specify the program participant's dates of required service and the total amount of reimbursement of eligible tuition expenses to be received by the participant in return for service.

c. The tuition reimbursement for a participant under the program shall equal 25 percent of the participant's eligible tuition expenses for the one academic year of medical school attendance in which tuition was the lowest, in return for each full year of service satisfactorily completed by the participant under the program. The total tuition reimbursement amount for a program participant, for four full years of service, shall not exceed 100 percent of the participant's eligible tuition expenses for the one academic year of medical school attendance in which tuition was the lowest.

##### **§ 18A:71C-61** Eligibility for program. {#sec-18a-71c-61 omnilex-key=us-nj-statutes--title-18a--18A:71C-61}

3. To be eligible to participate in the program, an applicant shall:

a. be a resident of New Jersey;

b. be a State-licensed physician who has successfully completed all educational and residency training requirements for the practice of psychiatry;

c. apply for the program within one year of completing an accredited residency training program in psychiatry, or within one year of completing an accredited fellowship in child and adolescent psychiatry; and

d. agree to practice full-time as a psychiatrist in a State underserved area or in a State psychiatric hospital for a period of one to four years in return for the tuition reimbursement provided under the program.

##### **§ 18A:71C-62** Designation of underserved areas, list of available positions in State psychiatric hospitals. {#sec-18a-71c-62 omnilex-key=us-nj-statutes--title-18a--18A:71C-62}

4. a. The Commissioner of Health, in consultation with the Commissioner of Human Services, shall designate State underserved areas which have a shortage of psychiatrists. In designating State underserved areas, the commissioner shall consider health status criteria and economic indicators including, but not limited to, the financial resources of the population who resides in the area under consideration, and the population's access to mental health care services.

b. The Commissioner of Health shall transmit to the authority a list of the State underserved areas and the projected number of psychiatrists needed in each area.

c. The Commissioner of Human Services shall transmit to the authority a list of the State psychiatric hospitals and the projected number of psychiatrists needed in each hospital.

##### **§ 18A:71C-63** Contract for program participant. {#sec-18a-71c-63 omnilex-key=us-nj-statutes--title-18a--18A:71C-63}

5. The contract entered into between a program participant and the authority pursuant to section 2 of this act shall require a program participant to:

a. charge for professional services at the usual and customary rate prevailing in the State underserved area, but allow a patient who is unable to pay that charge to pay at a reduced rate or receive care at no charge;

b. not discriminate against any patient in the provision of mental health care services on the basis of that person's ability to pay or source of payment; and

c. agree not to impose any charge in excess of the limiting fee for a service, as determined by the United States Secretary of Health and Human Services, to a recipient of benefits under the federal Medicare program established pursuant to Pub.L.89-97 (42 U.S.C. s.1395 et seq.).

##### **§ 18A:71C-64** Performance standards. {#sec-18a-71c-64 omnilex-key=us-nj-statutes--title-18a--18A:71C-64}

6. A program participant, as a condition of participation, shall be required to adhere to performance standards established by the authority. The standards shall include, but not be limited to, requirements that a program participant:

a. maintain residency in the State;

b. maintain a license to practice medicine in the State;

c. remain current with payments on any student loans;

d. maintain satisfactory performance of services rendered in a State underserved area or in a State psychiatric hospital; and

e. report to the authority, on a form and in a manner prescribed by the authority, on the program participant's performance of services rendered prior to reimbursement of tuition under the program.

##### **§ 18A:71C-65** Ineligibility. {#sec-18a-71c-65 omnilex-key=us-nj-statutes--title-18a--18A:71C-65}

7. An individual who is participating in the Health Care Professional Loan Redemption Program, N.J.S.18A:71C-32 et seq., or in the federally administered National Health Service Corps Loan Repayment Program, section 338B of the Public Health Service Act (42 U.S.C. s.254l-1), shall not be eligible to participate simultaneously in the tuition reimbursement program for psychiatrists established pursuant to section 2 of P.L.2017, c.126 (C.18A:71C-60).

##### **§ 18A:71C-66** Definitions relative to the STEM Loan Redemption Program. {#sec-18a-71c-66 omnilex-key=us-nj-statutes--title-18a--18A:71C-66}

1. As used in this act:

"Approved STEM degree program" means an undergraduate or advanced degree program, approved by the Higher Education Student Assistance Authority, for persons engaged in a designated high-growth STEM occupation pursuant to section 2 of this act.

"Authority" means the Higher Education Student Assistance Authority.

"Eligible qualifying loan expenses" means the cumulative outstanding balance of qualifying student loans, including interest paid or due, covering the cost of attendance at an institution of higher education for an undergraduate or advanced degree from an approved STEM degree program.

"Executive director" means the executive director of the Higher Education Student Assistance Authority.

"Program" means the STEM Loan Redemption Program established pursuant to section 2 of this act.

"Program participant" means a person who contracts with the authority to engage in a designated high-growth STEM occupation in exchange for the redemption of eligible qualifying loan expenses provided under the program.

"Qualifying student loan" means a State or federal loan for the actual costs paid for tuition and reasonable education and living expenses relating to obtaining a degree in an approved STEM degree program.

"Total and permanent disability" means a physical or mental disability that is expected to continue indefinitely or result in death and renders a program participant unable to perform that person's employment obligation, as determined by the executive director or his designee.

##### **§ 18A:71C-67** STEM Loan Redemption Program. {#sec-18a-71c-67 omnilex-key=us-nj-statutes--title-18a--18A:71C-67}

2. a. There is established a STEM Loan Redemption Program within the Higher Education Student Assistance Authority. The program shall provide $1,000 to program participants for each year of employment in a designated high-growth STEM occupation, up to a maximum of four years, for the redemption of a portion of their eligible qualifying loan expenses.

b. The designated high-growth STEM occupations for the initial two years of the program are:

(1) Operations research analyst;

(2) Statistician;

(3) Mathematician;

(4) Software developer, applications;

(5) Web developer;

(6) Computer systems analyst;

(7) Biomedical engineer;

(8) Computer and information systems manager;

(9) Geological and petroleum technician;

(10) Geoscientist, except hydrologist and geographer;

(11) Environmental engineer;

(12) Hydrologist;

(13) Actuary;

(14) Software developer, systems software;

(15) Physicist; and

(16) Biochemist and biophysicist.

c. Every two years the authority, in consultation with the Department of Labor and Workforce Development, shall identify high-growth STEM occupations that will qualify under the program. The occupations identified shall be ones with projected growth in New Jersey of at least 10 percent, based on the most recently reported data from the United States Bureau of Labor Statistics or occupations the authority reasonably deems important to the State's strategic economic development goals. Medical doctor and teaching profession shall not be included as designated high-growth STEM occupations.

##### **§ 18A:71C-68** Eligibility for participation. {#sec-18a-71c-68 omnilex-key=us-nj-statutes--title-18a--18A:71C-68}

3. To be eligible to participate in the program, an applicant shall:

a. be a resident of the State and maintain residency during program participation;

b. be a graduate of an approved STEM degree program at an institution of higher education located in New Jersey;

c. have an outstanding balance on a qualifying student loan and not be in default on any qualifying student loan;

d. have been employed full-time in a designated high-growth STEM occupation for a minimum of four years prior to initial application to the program and be employed thereafter for an additional one to four years in a designated high-growth STEM occupation;

e. provide certification that the applicant's employer has agreed to annually provide the applicant at least a 100 percent match of the loan redemption benefit under the program during the applicant's participation in the program and employment in a designed high-growth STEM occupation; and

f. satisfy any additional criteria the authority may establish.

##### **§ 18A:71C-69** Selection of participants. {#sec-18a-71c-69 omnilex-key=us-nj-statutes--title-18a--18A:71C-69}

4. The executive director or his designee shall select the program participants from among those applicants who meet the eligibility criteria established pursuant to section 3 of this act, subject to available funds.

##### **§ 18A:71C-70** Written contract between authority and participant; conditions for redemption of loan indebtedness. {#sec-18a-71c-70 omnilex-key=us-nj-statutes--title-18a--18A:71C-70}

5. a. A person who meets the eligibility requirements under section 3 of this act and has been selected by the executive director or his designee for participation in the program shall enter into a written contract with the authority. The contract shall specify the dates of required employment by the program participant in a designated high-growth STEM occupation and shall require the program participant to serve at least one year in a designated high-growth STEM occupation.

b. Prior to the annual redemption of loan indebtedness:

(1) the program participant shall submit to the authority certification of full-time employment in a designated high-growth STEM occupation for the full year period; and

(2) the employer of the program participant shall pay the annual matching contribution to the authority in an amount equal to or greater than the $1,000 annual State-funded loan redemption benefit.

c. Upon certification that a program participant has met all criteria for the annual redemption of loan indebtedness under the program, the authority shall combine the employer matching contribution and the State appropriated funds into a single payment to redeem a portion of the participant's loan.

d. A program participant, as a condition of participation, shall be required to adhere to performance standards established by the executive director or his designee.

e. A program participant shall be eligible for participation in the program for four years, even if the occupation in which the person is employed is no longer a designated high-growth STEM occupation.

##### **§ 18A:71C-71** Conditions for nullification of agreement. {#sec-18a-71c-71 omnilex-key=us-nj-statutes--title-18a--18A:71C-71}

6. a. A program participant who has previously entered into a contract with the authority may nullify the agreement by notifying the authority in writing and reassuming full responsibility for the remaining outstanding balance of the loan debt. In no event shall employment for less than the full calendar year entitle the program participant to any benefits under the program.

b. In the case of a program participant's death or total and permanent disability, the authority shall nullify the employment obligation of the program participant. The nullification shall terminate the authority's obligations under the loan redemption contract. When continued enforcement of the contract may result in extreme hardship, the authority may nullify or suspend the employment obligation of the program participant.

c. In the case of a program participant's conviction of a crime or an act of gross negligence in the performance of employment obligations, or a program participant's breach of the standards established pursuant to section 5 of this act, the executive director or his designee is authorized to terminate the program participant's participation in the program.

##### **§ 18A:71C-72** False, misleading information supplied, fourth degree crime. {#sec-18a-71c-72 omnilex-key=us-nj-statutes--title-18a--18A:71C-72}

7. A person who knowingly or willfully furnishes any false or misleading information for the purpose of receiving loan redemption benefits under the program is guilty of a crime of the fourth degree.

##### **§ 18A:71C-73** Rules, regulations. {#sec-18a-71c-73 omnilex-key=us-nj-statutes--title-18a--18A:71C-73}

8. The authority shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to implement the provisions of this act.

##### **§ 18A:71C-74** Definitions. {#sec-18a-71c-74 omnilex-key=us-nj-statutes--title-18a--18A:71C-74}

1. As used in section 2 of this act:

"Authority" means the Higher Education Student Assistance Authority established pursuant to N.J.S.18A:71A-3.

"Eligible student loan expenses" means the outstanding balance of the principal and interest due on student loans used to cover the cost of attendance while enrolled in an undergraduate or graduate degree program at an institution of higher education.

"Low performing public school" means a school located in New Jersey, under collegiate grade, which is operated by a school district or a charter school established pursuant to P.L.1995, c.426 (C.18A:36A-1 et seq.) that meets the criteria of paragraph (1) or paragraph (2):

(1) among all students in that school to whom a State assessment was administered, the sum of the percent of students scoring in the not yet meeting expectations and partially meeting expectations categories in both the language arts and mathematics subject areas of the State assessments exceeded 40% in each of the prior two school years; or

(2) among all students in that school to whom a State assessment was administered, the sum of the percent of students scoring in the not yet meeting expectations and partially meeting expectations categories in either the language arts or mathematics subject areas of the State assessment exceeded 65% in each of the prior two school years.

(3) A school shall continue to be designated a low performing school until such time that the sum of the percent of students scoring in the not yet meeting expectations and partially meeting expectations categories in both the language arts and mathematics subject areas of the State assessments is less than or equal to the sum of the Statewide percent of students scoring in the not yet meeting expectations and partially meeting expectations categories on the corresponding Statewide assessments.

"Program participant" means a person who is initially hired by a school district following the effective date of this act and who meets the criteria of section 2 of this act, and who has executed a contract with the Higher Education Student Assistance Authority for participation in the loan redemption program. A program participant shall be a resident of New Jersey.

"School district" means a local or regional school district established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes, a county vocational school district established pursuant to article 3 of chapter 54 of Title 18A of the New Jersey Statutes, and a school district under full State intervention pursuant to P.L.1987, c.399 (C.18A:7A-34 et seq.).

##### **§ 18A:71C-75** Loan redemption program for public school STEM teachers. {#sec-18a-71c-75 omnilex-key=us-nj-statutes--title-18a--18A:71C-75}

2. a. There is established in the Higher Education Student Assistance Authority a loan redemption program for public school teachers who teach science, technology, engineering or mathematics (STEM) classes.

The program shall provide for the redemption of the eligible student loan expenses of a program participant following the fourth consecutive year of full-time employment as a teacher of science, technology, engineering, or mathematics in a public school. The annual amount of State funds appropriated to the loan redemption program shall not exceed $500,000. The authority shall notify the Legislature when the funds have been fully expended or committed.

The authority shall give priority under the program to teachers of science, technology, engineering, or mathematics who are employed at a low performing public school.

b. A program participant may redeem eligible student loan expenses upon execution of a contract between the program participant and the authority. The contract shall specify the total amount of debt to be redeemed by the State in return for service pursuant to subsection c. of this section. A program participant who has entered into a contract with the authority shall remain eligible for loan redemption under the contract in the event that the public school in which the teacher is employed loses its designation as a low performing school or the teacher is transferred to a school in the district that is not a low performing school.

c. The redemption of loans under the loan redemption program shall equal 25 percent of the participant's eligible student loan expenses, up to $5,000, in return for each consecutive year of full-time employment as a teacher of science, technology, engineering, or mathematics in a public school. The total amount of eligible student loan expenses which may be redeemed under the program by a program participant, for four full school years of service, shall not exceed $20,000. A program participant shall submit to the authority proof of eligible employment in a public school prior to redemption of loan indebtedness. A program participant is not required to teach at the same public school for four consecutive years.

d. A program participant who has entered into a redemption contract with the authority may nullify the contract by submitting written notification to the authority and assuming full responsibility for repayment of principal and interest on the full amount of his loans or that portion of the loans which has not been redeemed by the State in return for fulfillment of the contract.

e. In the case of the program participant's death or total and permanent disability, the authority shall nullify the service obligation of the program participant. The nullification shall terminate the authority's obligations under the loan redemption contract. If continued enforcement of the contract results in extreme hardship, the authority may nullify or suspend the service obligation of the program participant.

f. The authority shall advertise the availability of the program and engage in outreach activities with potential participants.

##### **§ 18A:71C-76** Annual report to Governor, Legislature. {#sec-18a-71c-76 omnilex-key=us-nj-statutes--title-18a--18A:71C-76}

3. The authority shall annually submit a report on the loan redemption program established pursuant to section 2 of this act to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). The report shall be submitted no later than July 1 of each year and shall include, but not be limited to, information on: the total number of program participants; the number of program participants entering the program in that year; a profile of the program participants, including demographic information, the school district in which the participant is employed and the school in which the participant teaches, and the institution of higher education from which the participant received a degree; the average annual loan redemption amount and the four-year average loan redemption amount of program participants; the number of applicants who were denied acceptance into the program, including the number who were denied due to a lack of program funding; and the amount of the annual appropriation used to administer the program.

##### **§ 18A:71C-77** Definitions. {#sec-18a-71c-77 omnilex-key=us-nj-statutes--title-18a--18A:71C-77}

4. As used in sections 5 through 8 of this act:

"Authority" means the Higher Education Student Assistance Authority established pursuant to N.J.S.18A:71A-3.

"Eligible tuition expenses" means tuition expenses that were incurred by a program participant in attending an accredited master's degree or Ph.D. program in science, technology, engineering, or mathematics or that were incurred by a program participant in the completion of 30 credits in a coherent sequence of courses in science, technology, engineering, or mathematics, and which were not covered by any grants or scholarships.

"Program" means the tuition reimbursement program established pursuant to section 5 of this act for teachers who acquire a master's degree or Ph.D. in science, technology, engineering, or mathematics or who complete 30 credits in a coherent sequence of courses in science, technology, engineering, or mathematics.

"Program participant" means a teacher who contracts with the authority to teach STEM classes in a public school following the completion of a master's degree or Ph.D. program in science, technology, engineering, or mathematics or following the completion of 30 credits in a coherent sequence of courses in science, technology, engineering, or mathematics, in return for tuition reimbursement provided under the program.

##### **§ 18A:71C-78** Tuition reimbursement program for certain STEM teachers in public schools. {#sec-18a-71c-78 omnilex-key=us-nj-statutes--title-18a--18A:71C-78}

5. a. There is established in the Higher Education Student Assistance Authority a tuition reimbursement program for teachers of science, technology, engineering, or mathematics (STEM) in the State. The program shall provide reimbursement for a portion of the eligible tuition expenses incurred by the participant in completing a master's degree or Ph.D. program in science, technology, engineering, or mathematics or in completing 30 credits in a coherent sequence of courses in science, technology, engineering, or mathematics. The annual amount of State funds appropriated to the tuition reimbursement program shall not exceed $500,000. The authority shall notify the Legislature when the funds have been fully expended or committed.

b. A program participant shall enter into a contract with the authority for a specified four-year period of service in which the participant agrees to teach STEM classes in a public school in the State following the participant's completion of a master's degree or Ph.D. program in science, technology, engineering, or mathematics or the completion of 30 credits in a coherent sequence of courses in science, technology, engineering, or mathematics. The agreement shall specify the program participant's dates of required service and the total amount of reimbursement of eligible tuition expenses to be received by the participant in return for service.

c. The tuition reimbursement for a program participant shall equal 25 percent of the participant's eligible tuition expenses, up to $5,000, in return for each full school year of teaching STEM classes under the program. The total tuition reimbursement amount for a program participant, for four full school years of service, shall not exceed $20,000 of the participant's eligible tuition expenses. A teacher shall be required to complete four full school years of service in order to be eligible to receive tuition reimbursement under the program.

d. The authority shall advertise the availability of the program and engage in outreach activities with potential participants.

##### **§ 18A:71C-79** Eligibility for tuition reimbursement program. {#sec-18a-71c-79 omnilex-key=us-nj-statutes--title-18a--18A:71C-79}

6. To be eligible to participate in the tuition reimbursement program established pursuant to section 5 of this act, an applicant shall:

a. hold a bachelor's degree;

b. have successfully completed, or be enrolled in, a master's degree or Ph.D. program in science, technology, engineering, or mathematics or have successfully completed, or be enrolled in, 30 credits in a coherent sequence of courses in science, technology, engineering, or mathematics;

c. apply for the tuition reimbursement program within one year of completing a master's degree or Ph.D. program or 30 credits in a coherent sequence of courses in science, technology, engineering, or mathematics; and

d. agree to teach STEM classes at a public school in New Jersey for four full school years in return for the tuition reimbursement provided under the program.

##### **§ 18A:71C-80** Adherence to performance standards. {#sec-18a-71c-80 omnilex-key=us-nj-statutes--title-18a--18A:71C-80}

7. A program participant, as a condition of participation, shall be required to adhere to performance standards established by the authority. The standards shall include, but not be limited to, requirements that a program participant:

a. maintains an appropriate certificate to teach in the State;

b. remains current with payments on any student loans; and

c. reports to the authority on a form and in a manner prescribed by the authority, and attested to by the public school, on the program participant's performance of teaching services rendered prior to reimbursement of tuition under the program.

##### **§ 18A:71C-81** Annual report to Governor, Legislature. {#sec-18a-71c-81 omnilex-key=us-nj-statutes--title-18a--18A:71C-81}

8. The authority shall annually submit a report on the tuition reimbursement program established pursuant to section 5 of this act to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). The report shall be submitted no later than July 1 of each year and shall include, but not be limited to, information on: the total number of program participants; the number of program participants entering the program in that year; a profile of the program participants, including demographic information, the school district in which the participant is employed and the school in which the participant teaches, and the institution of higher education from which the participant received a degree; the average annual tuition reimbursement amount and the four-year average tuition reimbursement amount of program participants; and the number of applicants who were denied acceptance into the program, including the number who were denied due to a lack of program funding.

##### **§ 18A:71C-82** Rules, regulations. {#sec-18a-71c-82 omnilex-key=us-nj-statutes--title-18a--18A:71C-82}

9. The authority, in consultation with the Department of Education, shall adopt pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of this act.

##### **§ 18A:71C-83** Definitions. {#sec-18a-71c-83 omnilex-key=us-nj-statutes--title-18a--18A:71C-83}

1. As used in this act:

"Authority" means the Higher Education Student Assistance Authority established pursuant to N.J.S.18A:71A-3.

"Low-performing school" means any public school that meets the criteria of paragraph (1) or paragraph (2):

(1) among all students in that school to whom a State assessment was administered, the sum of the percent of students scoring in the not-yet-meeting expectations and partially meeting expectations categories in both the language arts and mathematics subject areas of the State assessments exceeded 40% in each of the prior two school years; or

(2) among all students in that school to whom a State assessment was administered, the sum of the percent of students scoring in the not-yet-meeting expectations and partially meeting expectations categories in either the language arts or mathematics subject areas of the State assessment exceeded 65% in each of the prior two school years.

(3) A school shall continue to be designated a low-performing school until such time that the sum of the percent of students scoring in the not-yet-meeting expectations and partially meeting expectations categories in both the language arts and mathematics subject areas of the State assessments is less than or equal to the sum of the Statewide percent of students scoring in the not-yet-meeting expectations and partially meeting expectations categories on the corresponding Statewide assessments.

"High-need field" means a subject area or field of expertise in which there is a shortage of qualified teachers in the State as determined by the Department of Education. The department shall reassess its designation of high-need fields at least every five years.

"Program participant" means an undergraduate student borrower under the New Jersey College Loans to Assist State Students (NJCLASS) Loan Program established pursuant to N.J.S.18A:71C-21 who, following the effective date of this act, is initially hired by a school district to work as a teacher in a high-need field in a low-performing school, and who has executed a contract with the authority for participation in the loan redemption program. A program participant shall be a certified teacher and a resident of New Jersey.

##### **§ 18A:71C-84** Loan redemption program established, Higher Education Student Assistance Authority. {#sec-18a-71c-84 omnilex-key=us-nj-statutes--title-18a--18A:71C-84}

2. a. There is established in the Higher Education Student Assistance Authority a loan redemption program for teachers in high-need fields who are employed in low-performing schools. The program shall provide for the redemption of a portion of the loans a program participant receives under the NJCLASS Loan Program pursuant to article 2 of chapter 71C of Title 18A of the New Jersey Statutes for service as a teacher in a high-need field in a low-performing school in New Jersey. The annual amount of State funds appropriated to the loan redemption program shall not exceed $1,000,000. The authority shall notify the Legislature when the funds have been fully expended or committed.

b. A program participant may redeem his NJCLASS loan amounts upon execution of a contract between the program participant and the authority. The contract shall be for up to four one-year periods of service. The contract shall specify the total amount of debt, up to 100%, to be redeemed by the State in return for service pursuant to subsection d. of this section.

c. A program participant who has entered into a contract with the authority shall remain eligible for loan redemption under the contract in the event that:

(1) the public school in which the teacher is employed loses its designation as a low-performing school or the teacher is transferred to a school in the district that is not a low-performing school; or

(2) the high-need field in which the program participant is teaching pursuant to his service obligation subsequently loses its designation as a high-need field, and the program participant continues to teach in the same field in accordance with his contractual agreement with the authority.

d. The redemption of loans under the loan redemption program shall amount to 25% of principal and interest of a program participant's NJCLASS loan amounts, up to $5,000, in return for each consecutive full year of service. The total amount of NJCLASS loan amounts which may be redeemed under the program by a program participant, for four full school years of service, shall not exceed $20,000. Service for less than the full school year of each period of service shall not entitle the program participant to any benefits under the loan redemption program. Prior to the redemption of loan indebtedness, a program participant shall submit to the authority proof of employment.

e. A program participant who has entered into a redemption contract with the authority may nullify his contract by submitting written notification to the authority and assuming full responsibility for repayment of principal and interest on the full amount of his loans or that portion of the loans which has not been redeemed by the State, in return for partial fulfillment of the contract.

f. In case of a program participant's death or total and permanent disability, the authority shall nullify the service obligation of the program participant. The nullification shall terminate the authority's obligations under the loan redemption contract. If continued enforcement of the contract may result in extreme hardship, the authority may nullify or suspend the service obligation of the program participant.

g. The authority shall advertise the availability of the program and engage in outreach activities with potential participants.

##### **§ 18A:71C-85** Program report submission to Governor, Legislature. {#sec-18a-71c-85 omnilex-key=us-nj-statutes--title-18a--18A:71C-85}

3. The authority shall annually submit a report on the program to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). The report shall be submitted no later than July 1 of each year and shall include, but not be limited to, information on: the total number of program participants; the number of program participants entering the program in that year; a profile of the program participants, including demographic information, the school district in which the participant is employed and the school in which the participant teaches, and the institution of higher education from which the participant received a degree; the average annual loan redemption amount and the four-year average loan redemption amount of program participants; the number of applicants who were denied acceptance into the program, including the number who were denied due to a lack of program funding; the amount of the annual program appropriation that is applied to loan redemption payments for participants; the amount of the annual program appropriation that is used to compensate bondholders due to bond modification including, but not limited to, interest loss over the life of the loans; and the amount of the annual appropriation used to administer the program.

##### **§ 18A:71C-86** General Fund appropriations. {#sec-18a-71c-86 omnilex-key=us-nj-statutes--title-18a--18A:71C-86}

4. There is annually appropriated from the General Fund to the Higher Education Student Assistance Authority a sum of $1,000,000 for costs associated with loan redemption pursuant to section 2 of this act.

##### **§ 18A:71C-87** Definitions. {#sec-18a-71c-87 omnilex-key=us-nj-statutes--title-18a--18A:71C-87}

1. As used in this act:

"Approved site" means a community provider of behavioral and mental health services identified by the Higher Education Student Assistance Authority, in consultation with the Department of Health, for inclusion in the program. Approved sites may include, but need not be limited to, providers operated by a nonprofit, institution of higher education, school district, county, the Department of Children and Families, the Department of Human Services, and the Department of Health.

"Authority" means the Higher Education Student Assistance Authority.

"Eligible behavioral healthcare providers" means psychiatrists, psychologists, licensed clinical social workers, psychiatric nurse mental health clinical specialists; board certified behavior analysts; licensed clinical alcohol and drug counselors; and any other professionals identified by the executive director of the authority for inclusion in the program.

"Eligible qualifying loan expenses" means the cumulative outstanding balance of student loans covering the cost of attendance at an undergraduate or graduate institution of higher education at the time an applicant is selected for the program. Interest paid or due on qualifying loans that an applicant has taken out for use in paying the costs of undergraduate or graduate education shall be considered eligible for reimbursement under the program. The authority may establish a limit on the total amount of qualifying loans which may be redeemed for participants under the program, provided that the total redemption of qualifying loans does not exceed $150,000, or the maximum amount authorized by the federal government, whichever is greater, either in State funds or the sum of federal, State, and other non-federal matching funds, pursuant to section 338I of the Public Health Service Act (42 U.S.C. s.254q-1), whichever is applicable.

"Executive director" means the executive director of the Higher Education Student Assistance Authority.

"Program" means the Behavioral Healthcare Provider Loan Redemption Program established pursuant to this act.

"Program participant" means a behavioral healthcare provider who contracts with the authority to engage in the clinical practice of mental or behavioral healthcare at an approved site in exchange for the redemption of eligible qualifying loan expenses provided under the program.

"Qualifying loan" means a government or commercial loan for the actual costs paid for tuition and reasonable education and living expenses relating to the obtaining of a degree for use in a mental or behavioral healthcare profession.

"Total and permanent disability" means a physical or mental disability that is expected to continue indefinitely or result in death and renders a participant in the program unable to perform that person's service obligation, as determined by the executive director or his designee.

##### **§ 18A:71C-88** "Behavioral Healthcare Provider Loan Redemption Program" established. {#sec-18a-71c-88 omnilex-key=us-nj-statutes--title-18a--18A:71C-88}

2. There is established a Behavioral Healthcare Provider Loan Redemption Program within the Higher Education Student Assistance Authority. The program shall provide for the redemption of a portion of the eligible qualifying loan expenses of program participants for each period of service at an approved site.

##### **§ 18A:71C-89** Program eligibility. {#sec-18a-71c-89 omnilex-key=us-nj-statutes--title-18a--18A:71C-89}

3. a. To be eligible to participate in the program, an applicant shall:

(1) be a resident of the State;

(2) be employed, or plan to be employed, as an eligible behavioral healthcare provider at an approved site; and

(3) submit an application in accordance with such procedures and requirements as are established by the executive director.

b. The executive director, or the executive director's designee, shall select the program participants from among those applicants who meet the eligibility criteria, subject to available funds.

c. A program participant shall enter into a written contract with the authority to participate in the program. The contract shall specify the duration of the applicant's required service and the total amount of eligible student loan expenses to be redeemed by the State in return for service.

d. The redemption of loans under the program shall not exceed $50,000 of principal and interest of eligible student loan expenses following the completion of two full years of service satisfactorily completed by the program participant. A program participant who completes four full years of service satisfactorily shall be eligible to receive a second redemption amount of $50,000 at the completion of the fourth year. A program participant who completes six full years of service satisfactorily shall be eligible to receive a third and final redemption amount of $50,000 at the completion of the sixth year. The total loan redemption amount for a program participant, for six years of service, shall not exceed $150,000.

e. The period of service shall commence on or after the date of enactment of this act.

##### **§ 18A:71C-90** Redemption contract, service obligation, nullification; circumstances, certain. {#sec-18a-71c-90 omnilex-key=us-nj-statutes--title-18a--18A:71C-90}

4. a. A program participant who has entered into a redemption contract with the authority may nullify that contract by submitting written notification to the authority and assuming full responsibility for repayment of the full amount of the participant's loan or that portion of the loan that has not been redeemed by the State in return for partial fulfillment of the contract.

b. In the case of a program participant's death or total or permanent disability, the authority shall nullify the service obligation of the participant, thereby terminating the participant's service obligation; or where continued enforcement of the contract may result in extreme hardship, the authority may nullify or suspend the participant's service obligation.

c. In no event shall service at an approved site for less than the full period of service pursuant to subsection d. of section 3 of this act entitle the program participant to any benefits under the program.

##### **§ 18A:71C-91** Simultaneous tuition, loan redemption participation, certain, prohibited. {#sec-18a-71c-91 omnilex-key=us-nj-statutes--title-18a--18A:71C-91}

5. A student who is participating in any other State tuition or loan redemption program, or in the federally administered National Health Service Corps Loan Repayment Program, section 338B of the Public Health Service Act (42 U.S.C. s.254 l-1), shall not be eligible to participate simultaneously in the Behavioral Healthcare Provider Loan Redemption Program.

##### **§ 18A:71C-92** Incentive grants. {#sec-18a-71c-92 omnilex-key=us-nj-statutes--title-18a--18A:71C-92}

6. The executive director of the authority shall annually award incentive grants, within the limits of available State appropriations, to program participants who work primarily with children and adolescents. An incentive grant shall not exceed $5,000. A program participant may be eligible to receive multiple incentive grants during their participation in the program.

##### **§ 18A:71C-93** Definitions. {#sec-18a-71c-93 omnilex-key=us-nj-statutes--title-18a--18A:71C-93}

1. As used in sections 1 through 3 of P.L.2025, c.269 (C.18A:71C-93 through 18A:71C-95):

“Approved site” means an airport located within the State or operated by a multi-state agency serving the State or a Terminal Radar Approach Control, Air Route Control Center, or any other similar Federal Aviation Administration facility serving an airport located within the State or operated by a multi-state agency serving the State.

“Authority” means the Higher Education Student Assistance Authority.

“Eligible air traffic controller” means an air traffic controller holding an appropriate degree who commences employment with the Federal Aviation Administration following the effective date of P.L.2025, c.269 (C.18A:71C-93 et al.).

“Executive director” means the executive director of the Higher Education Student Assistance Authority.

“Program” means the Air Traffic Controller Loan Redemption Program established pursuant to section 3 P.L.2025, c.269 (C.18A:71C-95).

“Program participant” means an eligible air traffic controller who contracts with the authority to be an air traffic controller at an approved site in exchange for the redemption of qualifying student loan amounts.

“Qualifying student loan amounts” means the cumulative outstanding balance of federal, State, or commercial student loans at the time an applicant is selected for the program, which an applicant has borrowed to pay for the cost of attendance for undergraduate or graduate education at an institution of higher education. Interest paid or due on qualifying student loan amounts shall be considered eligible for redemption under the program.

“Total and permanent disability” means a physical or mental disability that is expected to continue indefinitely or result in death and renders a program participant unable to perform the program participant’s contractual obligation, as determined by the executive director or the executive director’s designee.

##### **§ 18A:71C-94** Air Traffic Controller Loan Redemption Program. {#sec-18a-71c-94 omnilex-key=us-nj-statutes--title-18a--18A:71C-94}

2. a. There is established the Air Traffic Controller Loan Redemption Program within the Higher Education Student Assistance Authority. The program shall provide for the redemption of a portion of the qualifying student loan amounts of a program participant for each period of service at an approved site.

b. To be eligible to participate in the program, an applicant shall:

(1) be a resident of the State; and

(2) be employed as an eligible air traffic controller at an approved site.

c. The executive director, or the executive director’s designee, shall select the program participants from among those applicants who meet the eligibility criteria, subject to available funds.

d. The program participant shall enter into a written contract with the authority to participate in the program. The contract shall specify the duration of the program participant’s required service and the total amount of qualifying student loan amounts to be redeemed by the State in return for service.

e. The redemption of qualifying student loan amounts under the program shall amount to 16 percent of the program participant’s qualifying student loan amounts in return for one full year of service at an approved site, up to $16,000, an additional 26 percent for a second full year of service, up to $26,000, an additional 28 percent for a third full year of service, up to $28,000, and an additional 30 percent for a fourth full year of service, up to $30,000. Total redemption of qualifying student loan amounts under the program shall not exceed $100,000.

f. The period of service shall commence on or after the date of enactment of P.L.2025, c.269 (C.18A:71C-93 et al.).

g. No amount of qualifying student loan amounts shall be redeemed for services performed for less than a full year.

##### **§ 18A:71C-95** Air Traffic Controller Loan Redemption contract nullification. {#sec-18a-71c-95 omnilex-key=us-nj-statutes--title-18a--18A:71C-95}

3. a. A program participant who has entered into a redemption contract with the authority pursuant to section 2 of P.L.2025, c.269 (C.18A:71C-94) may nullify that contract by submitting written notification to the authority and assuming full responsibility for repayment of the full amount of the program participant’s student loan amounts.

b. In the case of a program participant’s death or total and permanent disability, the authority shall nullify the service obligation of the program participant.

c. The authority may nullify or suspend a program participant’s service obligation if continued enforcement of the contract may result in extreme hardship.

## **Chapter 72A** {#struct-chapter-72a}

##### **§ 18A:72A-1** Preamble, purpose of chapter {#sec-18a-72a-1 omnilex-key=us-nj-statutes--title-18a--18A:72A-1}

It is hereby declared that a serious public emergency exists affecting and threatening the welfare, comfort, health, safety and prosperity of the people of the State and resulting from the fact that financial resources are lacking with which to construct required dormitory and other educational facilities at public and private institutions of higher education and that there is a shortage of working capital for the development, establishment, and operation of public and private institutions of higher education; that it is essential that this and future generations of youth be given the fullest opportunity to learn and to develop their intellectual and mental capacities; that it is essential that institutions of higher education within the State be provided with appropriate additional means to assist such youth in achieving the required levels of learning and development of their intellectual and mental capacities; that it is essential that all resources of the State be employed in order to meet the tremendous demand for higher educational opportunities; that all institutions of higher education in the State, both public and private, are an integral part of the total educational effort in the State for providing higher educational opportunities, and that it is the purpose of this chapter to provide a measure of assistance and an alternative method to enable institutions of higher education in the State to provide the facilities which are sorely needed to accomplish the purposes of this chapter and to provide working capital to public and private institutions of higher education, all to the public benefit and good, to the extent and manner provided herein.

##### **§ 18A:72A-2** Short title {#sec-18a-72a-2 omnilex-key=us-nj-statutes--title-18a--18A:72A-2}

This chapter shall be known and may be cited as the "New Jersey educational facilities authority law."

##### **§ 18A:72A-3** Definitions. {#sec-18a-72a-3 omnilex-key=us-nj-statutes--title-18a--18A:72A-3}

As used in this act, the following words and terms shall have the following meanings, unless the context indicates or requires another or different meaning or intent:

"Affiliate" means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, a private college, a private institution of higher education, a public institution of higher education, a school, or a university, or a nonprofit organization exempt from federal tax under section 501(c)(3) of the Internal Revenue Code designated for the purpose of supporting an institution of higher education;

"Authority" means the New Jersey Educational Facilities Authority created by this chapter or any board, body, commission, department or officer succeeding to the principal functions thereof or to whom the powers conferred upon the authority by this chapter shall be given by law;

"Bond" means bonds or notes of the authority issued pursuant to this chapter;

"Control" means the power of the authority to manage, direct, superintend, restrict, regulate, govern, administer, or oversee;

"County college capital project" means any capital project of a county college certified pursuant to section 2 of P.L.1971, c.12 (C.18A:64A-22.2) and approved by the State Treasurer for funding pursuant to the "County College Capital Projects Fund Act," P.L.1997, c.360 (C.18A:72A-12.2 et seq.);

"Dormitory" means a housing unit with necessary and usual attendant and related facilities and equipment, and shall include a dormitory of a public or private school, or of a public or private institution of higher education;

"Educational facility" means a structure suitable for use as a dormitory, dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, athletic facility, health care facility, teaching hospital, and parking maintenance storage or utility facility and other structures or facilities related thereto or required or useful for the instruction of students or the conducting of research or the operation of a participating institution, and public libraries, and the necessary and usual attendant and related facilities and equipment, but shall not include any facility used or to be used for sectarian instruction or as a place for religious worship;

"Emerging needs program" means a program at one or more public or private institutions of higher education directed to meeting new and advanced technology needs or to supporting new academic programs in science and technology;

"Higher education equipment" means any property consisting of, or relating to, scientific, engineering, technical, computer, communications or instructional equipment;

"Participating institution" means a private college, a private institution of higher education, a public institution of higher education, a school, a university, or an affiliate, which, pursuant to the provisions of this chapter, participates with the authority in undertaking the financing and construction or acquisition of a project;

"Private college" means an institution for higher education other than a public college which, by virtue of law or charter, is a nonprofit educational institution empowered to provide a program of education beyond the high school level and is situated within the State or, if incorporated and located outside of the State, the project for which assistance is provided by the authority is located within the State;

"Private institution of higher education" means independent colleges or universities incorporated and located in New Jersey, which by virtue of law or character or license, are nonprofit educational institutions authorized to grant academic degrees and which provide a level of education which is equivalent to the education provided by the State's public institutions of higher education as attested by the receipt of and continuation of regional accreditation by the Middle States Association of Colleges and Schools, and which are eligible to receive State aid;

"Project" means (1) a dormitory or an educational facility or any combination thereof; (2) a county college capital project; or (3) the provision of working capital;

"Public institution of higher education" means Rutgers, The State University, the State colleges, the New Jersey Institute of Technology, Rowan University, Montclair State University, Kean University, the county colleges and any other public university or college now or hereafter established or authorized by law;

"School" means a secondary school, military school, or boarding school;

"University" means Rutgers, The State University; and

"Working capital" means, with respect to any participating institution, funds to be used in, or reserved for, the operation of the participating institution.

##### **§ 18A:72A-4** "New Jersey educational facilities authority." {#sec-18a-72a-4 omnilex-key=us-nj-statutes--title-18a--18A:72A-4}

(a) There is hereby established in but not of the Department of the Treasury a public body corporate and politic, with corporate succession to be known as the "New Jersey educational facilities authority." Notwithstanding this allocation, the authority shall be independent of any supervision or control by the department or any officer thereof. The authority shall constitute a political subdivision of the State established as an instrumentality exercising public and essential governmental functions, and the exercise by the authority of the powers conferred by this chapter shall be deemed and held to be an essential governmental function of the State.

(b) The authority shall consist of seven members, two of whom shall be the Secretary of Higher Education, ex officio, and the State Treasurer, ex officio, or when so designated by them, their deputies and five citizens of the State to be appointed by the Governor with the advice and consent of the Senate for terms of five years; provided that the terms of the members first appointed shall be arranged by the Governor so that one of such terms shall expire on April 30 in each successive year ensuing after such appointments. Members shall hold office for the term of their appointments and shall continue to serve during the term of their successors unless and until his successor shall have been appointed and qualified. Any vacancy among the members appointed by the Governor shall be filled by appointment for the unexpired term only. A member of the authority shall be eligible for reappointment.

(c) Any member of the authority appointed by the Governor may be removed from office by the Governor for cause after a public hearing.

(d) The members of the authority shall serve without compensation, but the authority may reimburse its members for necessary expenses incurred in the discharge of their duties.

(e) The authority, upon the first appointment of its members and thereafter on or after April 30 in each year, shall annually elect from among its members a chairman and a vice chairman who shall hold office until April 30 next ensuing and shall continue to serve during the terms of their respective successors unless and until their respective successors shall have been appointed and qualified. The authority may also appoint, retain and employ, without regard to the provisions of Title 11, Civil Service, of the Revised Statutes, such officers, agents, employees and experts as it may require, and it shall determine their qualifications, terms of office, duties, services and compensation.

(f) The powers of the authority shall be vested in the members thereof in office from time to time and a majority of the total authorized membership of the authority shall constitute a quorum at any meeting thereof. Action may be taken and motions and resolutions adopted by the authority at any meeting thereof by the affirmative vote of a majority of the members present, unless in any case the bylaws of the authority shall require a larger number. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.

(g) Before the issuance of any bonds under the provisions of this chapter, the members and the officer of the authority charged with the handling of the authority's moneys shall be covered by a surety bond or bonds in a penal sum of not less than $25,000.00 per person conditioned upon the faithful performance of the duties of their respective offices, and executed by a surety company authorized to transact business in the State of New Jersey as surety. Each such bond shall be submitted to the Attorney General for his approval and upon his approval shall be filed in the Office of the Secretary of State prior to the issuance of any bonds by the authority. At all times after the issuance of any bonds by the authority the officer of the authority and each member charged with the handling of the authority's moneys shall maintain such surety bonds in full force and effect. All costs of such surety bonds shall be borne by the authority.

(h) Notwithstanding any other law to the contrary, it shall not be or constitute a conflict of interest for a trustee, director, officer or employee of a participating institution to serve as a member of the authority; provided such trustee, director, officer or employee shall abstain from discussion, deliberation, action and vote by the authority under this chapter in specific respect to such participating institution of which such member is a trustee, director, officer or employee.

(i) A true copy of the minutes of every meeting of the authority shall be forthwith delivered by and under the certification of the secretary thereof, to the Governor. No action taken at such meeting by the authority shall have force or effect until 10 days, Saturdays, Sundays and public holidays excepted, after such copy of the minutes shall have been so delivered. If, in said 10-day period, the Governor returns such copy of the minutes with veto of any action taken by the authority or any member thereof at such meeting, such action shall be null and of no effect. If the Governor shall not return the minutes within said 10-day period, any action therein recited shall have force and effect according to the wording thereof. At any time prior to the expiration of the said 10-day period, the Governor may sign a statement of approval of any such action of the authority, in which case the action so approved shall not thereafter be disapproved.

The powers conferred in this subsection (i) upon the Governor shall be exercised with due regard for the rights of the holders of bonds of the authority at any time outstanding, and nothing in, or done pursuant to, this subsection (i) shall in any way limit, restrict or alter the obligation or powers of the authority or any representative or officer of the authority to carry out and perform in every detail each and every covenant, agreement or contract at any time made or entered into by or on behalf of the authority with respect to its bonds or for the benefit, protection or security of the holders thereof.

##### **§ 18A:72A-5** Authority's powers. {#sec-18a-72a-5 omnilex-key=us-nj-statutes--title-18a--18A:72A-5}

The authority shall have power:

(a) To adopt bylaws for the regulation of its affairs and the conduct of its business;

(b) To adopt and have an official common seal and alter the same at pleasure;

(c) To maintain an office at such place or places within the State as it may designate;

(d) To sue and be sued in its own name, and plead and be impleaded;

(e) To borrow money and to issue bonds and notes and other obligations of the authority and to provide for the rights of the holders thereof as provided in this chapter;

(f) To acquire, lease as lessee, hold and dispose of real and personal property or any interest therein, in the exercise of its powers and the performance of its duties under this chapter;

(g) To acquire in the name of the authority by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power of eminent domain, any land or interest therein and other property which it may determine is reasonably necessary for any project, including any lands held by any county, municipality or other governmental subdivision of the State; and to hold and use the same and to sell, convey, lease or otherwise dispose of property so acquired, no longer necessary for the authority's purposes; and when the term of a lease agreement with a participating institution has expired or the property acquired is no longer subject to any lease agreement and no bond proceeds remain outstanding with respect to the property, and the participating institution shall have complied with all applicable terms of the lease agreement and any other agreement for any other authority bonds with respect to the property, the authority or its designee may transfer all of its rights, title and interest in and to the property to the participating institution who entered into the lease agreement with the authority;

(h) To receive and accept, from any federal or other public agency or governmental entity, grants or loans for or in aid of the acquisition or construction of any project, and to receive and accept aid or contributions from any other source, of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which such grants, loans and contributions may be made;

(i) To prepare or cause to be prepared plans, specifications, designs and estimates of costs for the construction and equipment of projects for participating institutions under the provisions of this chapter, and from time to time to modify such plans, specifications, designs or estimates;

(j) By contract or contracts or by its own employees to construct, acquire, reconstruct, rehabilitate and improve, and furnish and equip, projects for participating institutions; however, in any contract or contracts undertaken by the authority for the construction, reconstruction, rehabilitation or improvement of a project for any public institution of higher education where the cost of such work will exceed $25,000, the contracting agent shall advertise for and receive in the manner provided by law:

(1) separate bids for branches of work in the following categories:

(a) the plumbing and gas fitting work;

(b) the refrigeration, heating and ventilating systems and equipment;

(c) the electrical work, including any electrical power plants, tele-data, fire alarm, or security system;

(d) the structural steel and ornamental iron work;

(e) general construction, which shall include all other work and materials required for the completion of the project, or

(2) bids for all work and materials required to complete the entire project if awarded as a single contract; or

(3) both (1) and (2) above.

In the case of separate bids pursuant to paragraph (1) or (3) of this subsection, prime contractors shall not be required to name subcontractors for categories (a) through (d) in their bid. In the case of a single bid under paragraph (2) or (3), all bids submitted shall set forth the names and license numbers of, and evidence of performance security from, all subcontractors to whom the general contractor will subcontract the work described in the foregoing categories (a) through (d) in paragraph (1). Subcontractors who furnish non-specialty trade work pursuant to category (e), or subcontractors who furnish work to named subcontractors pursuant to categories (a) through (d), shall not be named in the bid. Notwithstanding the foregoing provisions of this subsection, an authority may choose to require in its bid specification that a subcontractor shall be named in a bid when, in the case of paragraph (1), separate bids for each category, the work of that subcontractor exceeds 35 percent of the authority's estimated amount of value of the work, which shall be set forth in the bid specification.

Contracts shall be awarded to the lowest responsible bidder whose bid, conforming to the invitation for bids, will be the most advantageous to the authority;

(k) To determine the location and character of any project to be undertaken pursuant to the provisions of this chapter, and to construct, reconstruct, maintain, repair, operate, lease, as lessee or lessor, and regulate the same; to enter into contracts for any or all such purposes; to enter into contracts for the management and operation of a project, and to designate a participating institution as its agent to determine the location and character of a project undertaken by such participating institution under the provisions of this chapter and, as the agent of the authority, to construct, reconstruct, maintain, repair, operate, lease, as lessee or lessor, and regulate the same, and, as agent of the authority, to enter into contracts for any and all such purposes including contracts for the management and operation of such project;

(l) To establish rules and regulations for the use of a project or any portion thereof and to designate a participating institution as its agent to establish rules and regulations for the use of a project undertaken by such participating institution;

(m) Generally to fix and revise from time to time and to charge and collect rates, rents, fees and other charges for the use of and for the services furnished or to be furnished by a project or any portion thereof and to contract with holders of its bonds and with any other person, party, association, corporation or other body, public or private, in respect thereof;

(n) To enter into any and all agreements or contracts, execute any and all instruments, and do and perform any and all acts or things necessary, convenient or desirable for the purposes of the authority or to carry out any power expressly given in this chapter;

(o) To invest any moneys held in reserve or sinking funds, or any moneys not required for immediate use or disbursement, at the discretion of the authority, in such obligations as are authorized by law for the investment of trust funds in the custody of the State Treasurer;

(p) To enter into any lease relating to higher education equipment with a public or private institution of higher education pursuant to the provisions of P.L.1993, c.136 (C.18A:72A-40 et al.);

(q) To enter into loan agreements with any county, to hold bonds or notes of the county evidencing those loans, and to issue bonds or notes of the authority to finance county college capital projects pursuant to the provisions of the "County College Capital Projects Fund Act," P.L.1997, c.360 (C.18A:72A-12.2 et seq.);

(r) To issue bonds and notes and other obligations of the authority under the direction of law for the purpose of providing financial assistance for the installation of fire prevention and safety systems in dormitories;

(s) To consider and review public-private partnership agreements for certain building projects entered into by a private entity and the New Jersey Institute of Technology pursuant to section 4 of P.L.2018, c.90 (C.18A:64E-33) or by a private entity and a State or county college pursuant to section 43 of P.L. 2009, c. 90 (C.18A:64-85), for the purposes set forth therein and to provide to a private entity that is a party to an agreement any tax exempt private activity bond financing, including but not limited to a loan of funds under terms and conditions established by the authority in consultation with the State Treasurer and as otherwise authorized under State or federal law;

(t) To enter into loan agreements with any public institution of higher education or any affiliate of a public institution of higher education, to hold bonds or notes of the public institution of higher education evidencing these loans, and to issue bonds or notes of the authority in connection with the financing or refinancing of a project.

##### **§ 18A:72A-5.1** Prevailing wage rate for workers employed on projects with New Jersey Educational Facilities Authority involvement. {#sec-18a-72a-5.1 omnilex-key=us-nj-statutes--title-18a--18A:72A-5.1}

5. Each worker employed in the construction or rehabilitation of facilities undertaken in connection with loans, loan guarantees, expenditures, investments, tax exemptions or other incentives or financial assistance approved, provided, authorized, facilitated or administered by the New Jersey Educational Facilities Authority, or undertaken to fulfill any condition of receiving any of the incentives or financial assistance, shall be paid not less than the prevailing wage rate for the worker's craft or trade, as determined by the Commissioner of Labor and Workforce Development pursuant to P.L.1963, c.150 (C.34:11-56.25 et seq.).

The Commissioner of Labor and Workforce Development shall determine the prevailing wage rate in the locality in which the construction or rehabilitation is to be performed for each craft, trade or classification of worker employed in the construction or rehabilitation, as if the construction or rehabilitation is "public work" as defined in section 2 of P.L.1963, c.150 (C.34:11-56.26).

##### **§ 18A:72A-5.2** Exercise of rights, powers or duties. {#sec-18a-72a-5.2 omnilex-key=us-nj-statutes--title-18a--18A:72A-5.2}

6. For the purpose of implementing the provisions of sections 5 through 7 of this act, the Commissioner of Labor and Workforce Development shall, and a worker employed in the performance of work subject to this act or the employer or any designated representative of the worker may, exercise all rights, powers or duties granted or imposed upon them by P.L.1963, c.150 (C.34:11-56.25 et seq.).

##### **§ 18A:72A-5.3** Prevailing wage rules, regulations, adoption by New Jersey Educational Facilities Authority. {#sec-18a-72a-5.3 omnilex-key=us-nj-statutes--title-18a--18A:72A-5.3}

7. The New Jersey Educational Facilities Authority shall, in consultation with the Commissioner of Labor and Workforce Development, adopt rules and regulations, consistent with the rules and regulations adopted by the Commissioner of Labor and Workforce Development pursuant to P.L.1963, c.150 (C.34:11-56.25 et seq.),requiring that not less than the prevailing wage be paid to workers employed in the construction or rehabilitation of facilities undertaken in connection with loans, loan guarantees, expenditures, investments, incentives or other financial assistance provided, authorized or administered by the authority. The prevailing wage rate shall be the rate determined by the Commissioner of Labor and Workforce Development pursuant to the provisions of P.L.1963, c.150 (C.34:11-56.25 et seq.).

##### **§ 18A:72A-5.4** Inapplicability of C.18A:72A-5.1 through C.18A:72A-5.3. {#sec-18a-72a-5.4 omnilex-key=us-nj-statutes--title-18a--18A:72A-5.4}

8. The provisions of sections 5 through 7 of this act shall not apply to construction and rehabilitation of facilities conducted entirely under contracts entered into prior to the effective date of this act or to the refinancing of the outstanding debt on projects in which all construction or rehabilitation of facilities was conducted under contracts entered into prior to the effective date of this act.

##### **§ 18A:72A-6** Expenses of authority {#sec-18a-72a-6 omnilex-key=us-nj-statutes--title-18a--18A:72A-6}

All expenses incurred in carrying out the provisions of this chapter shall be payable from funds provided the authority therefor, and no liability or obligation shall be incurred by the authority hereunder beyond the extent to which moneys shall have been provided therefor.

##### **§ 18A:72A-7** Issuance of notes authorized {#sec-18a-72a-7 omnilex-key=us-nj-statutes--title-18a--18A:72A-7}

The authority is authorized from time to time to issue its negotiable notes for any corporate purpose and renew from time to time any notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue notes partly to renew notes or to discharge other obligations then outstanding and partly for any other purpose. The notes may be authorized, sold, executed and delivered in the same manner as bonds. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing bonds of the authority or any issue thereof, and the authority may include in any notes any terms, covenants or conditions which it is authorized to include in any bonds. All such notes shall be payable from the revenues or other moneys of the authority, subject only to any contractual rights of the holders of any of its notes or other obligations then outstanding.

##### **§ 18A:72A-8** Issuance of negotiable bonds for corporate purpose. {#sec-18a-72a-8 omnilex-key=us-nj-statutes--title-18a--18A:72A-8}

(a) The authority is authorized from time to time to issue its negotiable bonds for any corporate purpose. In anticipation of the sale of such bonds the authority may issue negotiable bond anticipation notes and may renew the same from time to time, but the maximum maturity of any such note, including renewals thereof, shall not exceed five years from the date of issue of the original note. Such notes shall be paid from any revenues or other moneys of the authority available therefor and not otherwise pledged, or from the proceeds of sale of the bonds of the authority in anticipation of which they were issued. The notes shall be issued in the same manner as the bonds. Such notes and the resolution or resolutions authorizing the same may contain any provisions, conditions or limitations which a bond resolution of the authority may contain.

(b) Except as may otherwise be expressly provided by the authority, every issue of its bonds or notes shall be general obligations of the authority payable from any revenues or moneys of the authority, subject only to any agreements with the holders of particular bonds or notes pledging any particular revenues or moneys. Notwithstanding that bonds and notes may be payable from a special fund, they shall be fully negotiable within the meaning of Title 12A, the Uniform Commercial Code, of the New Jersey Statutes, subject only to the provisions of the bonds and notes for registration.

(c) The bonds may be issued as serial bonds or as term bonds, or the authority, in its discretion, may issue bonds of both types. The bonds shall be authorized by resolution of the members of the authority and shall bear such date or dates, mature at such time or times, not exceeding 50 years from their respective dates, bear interest at such rate or rates, be payable at such time or times, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in lawful money of the United States of America at such place or places, and be subject to such terms of redemption, as such resolution or resolutions may provide. The bonds or notes may be sold at public or private sale for such price or prices as the authority shall determine. Pending preparation of the definitive bonds, the authority may issue interim receipts or certificates which shall be exchanged for such definitive bonds.

(d) Any resolution or resolutions authorizing any bonds or any issue of bonds may contain provisions, which shall be a part of the contract with the holders of the bonds to be authorized, as to:

(i) pledging all or any part of the revenues of a project or any revenue-producing contract or contracts made by the authority with any individual, partnership, corporation or association or other body, public or private, to secure the payment of the bonds or of any particular issue of bonds, subject to such agreements with bondholders as may then exist;

(ii) the rentals, fees and other charges to be charged, and the amounts to be raised in each year thereby, and the use and disposition of the revenues;

(iii) the setting aside of reserves or sinking funds, and the regulation and disposition thereof;

(iv) limitations on the right of the authority or its agent to restrict and regulate the use of a project;

(v) limitations on the purpose to which the proceeds of sale of any issue of bonds then or thereafter to be issued may be applied and pledging such proceeds to secure the payment of the bonds or any issue of the bonds;

(vi) limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured and the refunding of outstanding bonds;

(vii) the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given;

(viii) limitations on the amount of moneys derived from a project to be expended for operating, administrative or other expenses of the authority; and

(ix) defining the acts or omissions to act which shall constitute a default in the duties of the authority to holders of its obligations and providing the rights and remedies of such holders in the event of a default.

(e) Neither the members of the authority nor any person executing the bonds or notes shall be liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof.

(f) The authority shall have power out of any funds available therefor to purchase its bonds or notes. The authority may hold, pledge, cancel or resell such bonds, subject to and in accordance with agreements with bondholders.

(g) In connection with any bonds or refunding bonds issued pursuant to this section, the authority may also enter into any revolving credit agreement; agreement establishing a line of credit or letter of credit; reimbursement agreement; bank loan agreement; interest rate exchange agreement; currency exchange agreement; interest rate floor or cap, option, put or call to hedge payment, currency, rate, spread or similar exposure, or similar agreement; float agreement; forward agreement; insurance contract; surety bond; commitment to purchase or sell bonds; purchase or sale agreement; or commitment or other contract or agreement and other security agreement approved by the authority.

##### **§ 18A:72A-9** Bonds secured by trust agreement {#sec-18a-72a-9 omnilex-key=us-nj-statutes--title-18a--18A:72A-9}

In the discretion of the authority, any bonds issued under the provisions of this chapter may be secured by a trust agreement by and between the authority and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust agreement or the resolution providing for the issuance of such bonds may pledge or assign the revenues or other moneys to be received or proceeds of any contract or contracts pledged. Such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including particularly such provisions as have hereinabove been specifically authorized to be included in any resolution or resolutions of the authority authorizing bonds thereof. Any bank or trust company incorporated under the laws of this state which may act as depositary of the proceeds of bonds or of revenues or other moneys may furnish such indemnifying bonds or pledge such securities as may be required by the authority. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee or trustees, and may restrict the individual right of action by bondholders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust agreement or resolution may be treated as a part of the cost of construction or operation of a project.

##### **§ 18A:72A-10** Bonds not liability of state or political subdivision {#sec-18a-72a-10 omnilex-key=us-nj-statutes--title-18a--18A:72A-10}

Bonds issued under the provisions of this chapter shall not be deemed to constitute a debt or liability of the state or of any political subdivision thereof or a pledge of the faith and credit of the state or of any such political subdivision, but shall be payable solely from the funds herein provided. All such bonds shall contain on the face thereof a statement to the effect that neither the state of New Jersey nor the authority shall be obligated to pay the same or the interest thereon except from revenues or other moneys of the authority and that neither the faith and credit nor the taxing power of the state of New Jersey or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such bonds. The issuance of bonds under the provisions of this chapter shall not directly or indirectly or contingently obligate the state or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor.

##### **§ 18A:72A-11** Further powers of authority {#sec-18a-72a-11 omnilex-key=us-nj-statutes--title-18a--18A:72A-11}

The authority is authorized to fix, revise, charge and collect rates, rents, fees and charges for the use of and for the services furnished or to be furnished by each project and to contract with any person, partnership, association or corporation, or other body, public or private, in respect thereof. Such rates, rents, fees and charges shall be fixed and adjusted in respect of the aggregate of rents, rates, fees and charges from such project so as to provide funds sufficient with other revenues or moneys, if any:

(a) to pay the cost of maintaining, repairing and operating the project and each and every portion thereof, to the extent that the payment of such cost has not otherwise been adequately provided for;

(b) to pay the principal of and the interest on outstanding bonds of the authority issued in respect of such project as the same shall become due and payable; and

(c) to create and maintain reserves required or provided for in any resolution authorizing, or trust agreement securing, such bonds of the authority.

Such rates, rents, fees and charges shall not be subject to supervision or regulation by any department, commission, board, body, bureau or agency of this State other than the authority. A sufficient amount of the revenues derived in respect of a project, except such part of such revenues as may be necessary to pay the cost of maintenance, repair and operation and to provide reserves for renewals, replacements, extensions, enlargements and improvements as may be provided for in the resolution authorizing the issuance of any bonds of the authority or in the trust agreement securing the same, shall be set aside at such regular intervals as may be provided in such resolution or trust agreement in a sinking or other similar fund which is hereby pledged to, and charged with, the payment of the principal of and the interest on such bonds as the same shall become due, and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. Such pledge shall be valid and binding from the time when the pledge is made; the rates, rents, fees and charges and other revenues or other moneys so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the authority. The use and disposition of moneys to the credit of such sinking or other similar fund shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of such trust agreement. Except as may otherwise be provided in such resolution or such trust agreement, such sinking or other similar fund shall be a fund for all such bonds issued to finance projects at a participating institution without distinction or priority of one over another; provided the authority in any such resolution or trust agreement may provide that such sinking or other similar fund shall be the fund for a particular project at a participating institution and for the bonds issued to finance a particular project and may, additionally, permit and provide for the issuance of bonds having a subordinate lien in respect of the security herein authorized to other bonds of the authority and, in such case, the authority may create separate sinking or other similar funds in respect of such subordinate lien bonds.

##### **§ 18A:72A-11.1** Refinancing outstanding mortgages of private lenders. {#sec-18a-72a-11.1 omnilex-key=us-nj-statutes--title-18a--18A:72A-11.1}

1. In addition to other powers and duties which have been granted to the authority, whenever any participating institution has constructed or acquired any work or improvement or other project which would otherwise qualify under this act except for the fact that such construction, acquisition, or project was undertaken and financed without assistance from the authority, the authority may purchase such work or improvement, and lease the same to such participating institution, or may lend funds to such participating institution for the purpose of enabling the latter to retire obligations incurred for such construction or acquisition; except that the amount of any such price or loan shall not exceed the original project cost and administrative costs, reserves, and other costs associated with the retirement of such obligations. All powers, rights, obligations and duties granted to or imposed upon the authority, participating institutions, State departments and agencies or others by this chapter in respect to projects shall apply to the same extent with respect to transactions pursuant to this section; except that any action otherwise required to be taken at a particular time in the progression of a project may, where the circumstances are so required in connection with a transaction under this section, be taken with the same effect as if taken at that particular time.

##### **§ 18A:72A-11.2** Loan agreement, provision of working capital to participating institution; terms. {#sec-18a-72a-11.2 omnilex-key=us-nj-statutes--title-18a--18A:72A-11.2}

17. A participating institution and the authority may enter into a loan agreement in connection with a project which includes the provision of working capital to such institution. In no event shall working capital be considered a non-revenue-producing facility under chapter 72A of Title 18A of the New Jersey Statutes. Any loan agreement entered into under the provisions of this section may contain the provisions as may be agreeable to the participating institution and the authority and as may be necessary or desirable to secure the loan, including, without limitation, provisions for the granting of a security interest in personal property or receivables or a mortgage on all or any portion of the real property of the participating institution.

##### **§ 18A:72A-12** Moneys of authority; trust funds {#sec-18a-72a-12 omnilex-key=us-nj-statutes--title-18a--18A:72A-12}

All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. Any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this chapter and the resolution authorizing the bonds of any issue or the trust agreement securing such bonds may provide.

##### **§ 18A:72A-12.1** Investment or reinvestment of funds {#sec-18a-72a-12.1 omnilex-key=us-nj-statutes--title-18a--18A:72A-12.1}

All functions, powers and duties relating to the investment or reinvestment of funds within the jurisdiction of the authority including the purchase, sale or exchange of any investments or securities may, at the request of the authority, be exercised and performed by the director of the Division of Investment, in accordance with written directions of the authority signed by an authorized officer.

##### **§ 18A:72A-12.2** Short title. {#sec-18a-72a-12.2 omnilex-key=us-nj-statutes--title-18a--18A:72A-12.2}

1. Sections 1 through 4 of this act shall be known and may be cited as the "County College Capital Projects Fund Act."

##### **§ 18A:72A-12.3** Findings, declarations relative to county college capital projects fund. {#sec-18a-72a-12.3 omnilex-key=us-nj-statutes--title-18a--18A:72A-12.3}

2. The Legislature finds and declares that:

a. Higher education plays a vital role in the economic development of the nation and the State by providing the education and training of the work force of the future;

b. The county colleges serve a vital role in the educational system of the State by providing students with an affordable means of obtaining higher education, thereby providing opportunities to the residents of the State which would not otherwise be available;

c. County colleges and the residents of the State would benefit from additional funds and resources enabling counties to undertake and complete county college capital projects;

d. It would therefore be appropriate for the New Jersey Educational Facilities Authority created pursuant to N.J.S.18A:72A-1 et seq. to enter into contracts with counties and the State Treasurer to provide for the financing of county college capital projects.

##### **§ 18A:72A-12.4** County college capital projects fund, established. {#sec-18a-72a-12.4 omnilex-key=us-nj-statutes--title-18a--18A:72A-12.4}

3. a. There is created within the New Jersey Educational Facilities Authority, established pursuant to chapter 72A of Title 18A of the New Jersey Statutes, hereinafter referred to as the "authority," a county college capital projects fund to finance county college capital projects. The authority may issue bonds to finance the State share of county college capital projects and the county share of county college capital projects as certified by the State Treasurer pursuant to section 2 of P.L.1971, c.12 (C.18A:64A-22.2). The State Treasurer is hereby authorized to enter into a contract with the authority pursuant to which the State Treasurer, subject to available appropriation, shall pay the amount necessary to pay the principal and interest on bonds and notes of the authority issued to finance the State share of county college capital projects. The authority may enter into a loan agreement with each county in which a county college capital project is located for the purpose of funding the county share of the applicable county college capital project.

b. The authority may from time to time issue bonds or notes in an amount sufficient to finance county college capital projects and which shall also finance the administrative costs and any reserves or other issuance costs associated with the issuance of bonds or notes. The authority shall issue the bonds or notes in such manner as it shall determine in accordance with the provisions of this act and the "New Jersey educational facilities authority law," N.J.S.18A:72A-1 et seq. The authority shall not issue any bonds or notes pursuant to this section without the prior written consent of the State Treasurer.

##### **§ 18A:72A-12.5** Loan agreement to issue bonds, notes. {#sec-18a-72a-12.5 omnilex-key=us-nj-statutes--title-18a--18A:72A-12.5}

4. a. At any time within one year of the certification by the State Treasurer to the board of chosen freeholders, the county college at which the capital project is located, and the authority, pursuant to section 2 of P.L.1971, c.12 (C.18A:64A-22.2), the board of chosen freeholders is authorized, in lieu of issuing bonds or notes pursuant to N.J.S.18A:64A-19, to enter into a loan agreement with the authority for the issuance of bonds or notes of the authority to fund the county share of the capital project. The county shall issue bonds and notes to the authority which shall be delivered to the authority to evidence the loan, and which shall be the source of payment for the bonds or notes issued by the authority to finance the county share of the capital project. The loan evidenced by the bonds or notes may be made subject to such terms and conditions as the authority determines to be consistent with the purposes thereof. Each loan by the authority shall be subject to approval by the State Treasurer and shall be evidenced by notes or bonds issued by the county which shall be authorized and issued as provided by law for the issuance of notes and bonds by the county. A loan to a county, and the notes, bonds or other obligations thereby issued shall bear interest at a rate or rates per annum as may be agreed upon by the authority and the county.

b. Any bonds or notes authorized by the county to be issued to the authority or to another entity for the purpose of funding the county share of a county college capital project shall be in addition to the sums authorized to be borrowed by the board of chosen freeholders pursuant to the provisions of N.J.S.18A:64A-19 for the purpose of funding the county's share of capital projects, and the additional borrowing, if entered into by the county, shall constitute a deduction from the gross debt of the county and shall not be considered in determining its net debt for debt incurring purposes.

##### **§ 18A:72A-12.6** "Dormitory Safety Trust Fund." {#sec-18a-72a-12.6 omnilex-key=us-nj-statutes--title-18a--18A:72A-12.6}

6. a. There is created within the New Jersey educational facilities authority established pursuant to N.J.S.18A:72A-4, the "Dormitory Safety Trust Fund," hereinafter referred to as the "trust fund." The trust fund shall be maintained as a separate account and administered by the authority to carry out the provisions of P.L.2000, c.56 (C.52:27D-198.7 et al.). There shall be paid into this fund:

(1) moneys received from the sale of bonds or notes issued pursuant to section 8 of P.L.2000, c.56 (C.18A:72A-12.8);

(2) moneys appropriated by the Legislature, including moneys as may be appropriated annually in an amount sufficient to pay the principal and interest on the bonds or notes;

(3) all interest and investment earnings received on the moneys in the trust fund; and

(4) all repayments of loans authorized pursuant to P.L.2000, c.56 (C.52:27D-198.7 et al.).

b. The trust fund shall be used to provide loans to the schools and institutions of higher education which are required pursuant to P.L.2000, c.56 (C.52:27D-198.7 et al.) to install automatic fire suppression systems, for the cost, or a portion of the cost, of the construction, reconstruction, development, extension or improvement of dormitory safety facilities, including fire prevention and sprinkler systems.

##### **§ 18A:72A-12.7** Establishment of program to provide loans. {#sec-18a-72a-12.7 omnilex-key=us-nj-statutes--title-18a--18A:72A-12.7}

7. a. The State Treasurer shall establish a program to provide the loans authorized pursuant to P.L.2000, c.56 (C.52:27D-198.7 et al.). The governing board of a public or private institution of higher education as defined pursuant to N.J.S.18A:72A-3 or of a public or private secondary school shall be eligible for and may determine by resolution to apply for a loan from the trust fund established pursuant to section 6 of P.L.2000, c.56 (C.18A:72A-12.6). The resolutions shall be transmitted to and in a manner to be determined by the State Treasurer. Owners of residences being utilized by fraternities or sororities, other than those owned by public or private institutions of education, who are responsible for the installation of an automatic fire suppression system pursuant to section 3 of P.L.2000, c.56 (C.52:27D-198.9) shall not be eligible for a loan from the trust fund established pursuant to section 6 of P.L.2000, c.56 (C.18A:72A-12.6), but shall be eligible and may apply for a life safety improvement loan pursuant to section 13 of P.L.1983, c.530 (C.55:14K-13) as amended by section 13 of P.L.2000, c.56.

b. Individual loan amounts from the trust fund shall be limited to no more than the projected costs as stated in the plan required to be filed with the Director of the Division of Fire Safety in the Department of Community Affairs pursuant to section 3 of P.L.2000, c.56 (C.52:27D-198.9), and loan amounts shall be disbursed in accordance with the need and the time frame established under the installation plan. If sufficient funds are not available to fully fund each request, the State Treasurer may limit the amounts loaned on a basis which shall provide the maximum amount of funding to the greatest number of buildings.

c. The loans issued pursuant to this subsection shall bear interest of not more than:

(1) zero percent per year for loans made to public or private institutions of higher education as defined pursuant to N.J.S.18A:72A-3; or

(2) two percent per year for loans made to secondary schools, military schools, boarding schools, or similar occupancies.

d. The term of a loan shall be for a period of not more than 15 years. Any loan approved pursuant to this subsection shall be contingent upon the applicant entering into a contract or contracts for the construction, reconstruction, development, extension or improvement required in the installation plan in accordance with section 3 of P.L.2000, c.56 (C.52:27D-198.9).

e. The State Treasurer shall:

(1) review each application and approve, disapprove, amend or modify the loan request;

(2) establish any other terms or conditions of each loan which are not otherwise provided under this section; and

(3) forward to the New Jersey educational facilities authority and the Department of Community Affairs a copy of any loan approval granted pursuant to this section, including information concerning the amount and terms of the loan.

f. All repayments of loans awarded pursuant to this section shall be made to the authority and deposited by the authority into the trust fund.

g. The State Treasurer shall promulgate the rules necessary to effectuate this section in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

##### **§ 18A:72A-12.8** Issuance of bonds, notes. {#sec-18a-72a-12.8 omnilex-key=us-nj-statutes--title-18a--18A:72A-12.8}

8. a. The authority shall from time to time issue bonds or notes, in accordance with the provisions of the "New Jersey educational facilities authority law," N.J.S.18A:72A-1 et seq., and in an amount sufficient to finance the loans provided under P.L.2000, c.56 (C.52:27D-198.7 et al.) and to finance the administrative costs associated with the approval process and the issuance of the bonds or notes, up to a total amount not to exceed $90,000,000; except that all administrative costs associated with the approval process and the issuance of bonds, notes or other obligations shall not be included within the total aggregate principal amount of the bonds, notes or other obligations issued; the term of any bond so issued shall not exceed 15 years. In computing the foregoing limitation as to amount, there shall be excluded all bonds which shall be issued for refunding purposes, provided that the refunding shall be determined by the authority to result in a debt service savings. The authority shall issue the bonds or notes in such manner as it shall determine in accordance with the provisions of P.L.1993, c.375 (C.18A:72A-49 et al.) and the "New Jersey educational facilities authority law," N.J.S.18A:72A-1 et seq., provided that no bonds or notes shall be issued pursuant to this section without the prior written consent of the State Treasurer.

b. Bonds or notes issued pursuant to P.L.2000, c.56 (C.52:27D-198.7 et al.) shall not be in any way a debt or liability of the State or of any political subdivision thereof other than the authority and shall not create or constitute any indebtedness, liability or obligation of the State or of any political subdivision thereof, or be or constitute a pledge of the faith and credit of the State or of any political subdivision thereof, but all bonds or notes, unless funded or refunded by the bonds or notes of the authority, shall be payable solely from revenues of funds pledged or available for their payment as authorized by P.L.2000, c.56 (C.52:27D-198.7 et al.). Each bond shall contain on its face a statement to the effect that the authority is obligated to pay the principal thereof, redemption premium, if any, or the interest thereon only from revenue or funds of the authority and that neither the State nor any political subdivision thereof is obligated to pay the principal thereof, redemption premium, if any, or interest thereon and that neither the faith and credit nor the taxing power of the State or of any political subdivision thereof is pledged to the payment of the principal of, redemption premium, if any, or the interest on the bonds.

c. The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds or notes issued pursuant to the authorization hereunder that the State shall not limit or alter the rights or powers hereby vested in the authority to perform and fulfill the terms of any agreement made with the holders of the bonds or notes, or to fix, establish, charge and collect such rents, fees, rates, payments, or other charges as may be convenient or necessary to produce sufficient revenues to meet all expenses of the authority and to fulfill the terms of any agreement made with the holders of the bonds and notes, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the holders, until the bonds and notes, together with interest thereon, are fully met and discharged or provided for.

d. The State Treasurer is hereby authorized to enter into a contract with the authority pursuant to which the State Treasurer, subject to available appropriations, shall pay the amount necessary to pay the principal and interest on bonds, notes and other obligations of the authority issued pursuant to P.L.2000, c.56 (C.52:27D-198.7 et al.) plus any amounts payable in connection with an agreement authorized under subsection (g) of N.J.S.18A:72A-8.

e. To assure the continued operation and solvency of the dormitory safety trust fund program, the authority shall require that if a school or institution of higher education fails or is unable to pay to the authority in full, when due, any obligation of the institution to the authority, an amount sufficient to satisfy the deficiency shall be retained by the State Treasurer from State aid or an appropriation payable to the institution. As used in this section, "obligation of the school or institution" means any amount payable by the school or institution for dormitory safety facilities pursuant to an agreement with the authority.

The amount retained by the State Treasurer shall be deducted from the corresponding appropriation or apportionment of State aid payable to the school or institution of higher education and shall not obligate the State to make, or entitle the school or institution to receive, any additional appropriation or apportionment.

##### **§ 18A:72A-13** Bondholders; enforcement of rights {#sec-18a-72a-13 omnilex-key=us-nj-statutes--title-18a--18A:72A-13}

Any holder of bonds issued under the provisions of this chapter or any of the coupons appertaining thereto, and the trustee or trustees under any trust agreement, except to the extent the rights herein given may be restricted by any resolution authorizing the issuance of, or any such trust agreement securing, such bonds, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the state or granted hereunder or under such resolution or trust agreement, and may enforce and compel the performance of all duties required by this chapter or by such resolution or trust agreement to be performed by the authority or by any officer, employee or agent thereof, including the fixing, charging and collecting of the rates, rents, fees and charges herein authorized and required by the provisions of such resolution or trust agreement to be fixed, established and collected.

##### **§ 18A:72A-14** Refunding bonds; additional purposes {#sec-18a-72a-14 omnilex-key=us-nj-statutes--title-18a--18A:72A-14}

(a) The authority is hereby authorized to provide for the issuance of bonds of the authority for the purpose of refunding any bonds of the authority then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or subsequent date of redemption, purchase or maturity of such bonds, and, if deemed advisable by the authority, for the additional purpose of paying all or any part of the cost of constructing and acquiring additions, improvements, extensions or enlargements of a project or any portion thereof.

(b) The proceeds of any such bonds issued for the purpose of refunding outstanding bonds may, in the discretion of the authority, be applied to the purchase or retirement at maturity or redemption of such outstanding bonds either on their earliest or any subsequent redemption date or upon the purchase or at the maturity thereof and may, pending such application, be placed in escrow to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the authority.

(c) Any such escrowed proceeds, pending such use, may be invested and reinvested in obligations of or guaranteed by the United States of America, or in certificates of deposit or time deposits secured by obligations of or guaranteed by the United States of America, maturing at such time or times as shall be appropriate to assure the prompt payment, as to principal, interest and redemption premium, if any, of the outstanding bonds to be so refunded. The interest, income and profits, if any, earned or realized on any such investment may also be applied to the payment of the outstanding bonds to be so refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of such proceeds and interest, income and profits, if any, earned or realized on the investments thereof may be returned to the authority for use by it in any lawful manner.

(d) The portion of the proceeds of any such bonds issued for the additional purpose of paying all or any part of the cost of constructing and acquiring additions, improvements, extensions or enlargements of a project may be invested and reinvested in obligations of or guaranteed by the United States of America, or in certificates of deposit or time deposits secured by obligations of or guaranteed by the United States of America, maturing not later than the time or times when such proceeds will be needed for the purpose of paying all or any part of such cost. The interest, income and profits, if any, earned or realized on such investment may be applied to the payment of all or any part of such cost or may be used by the authority in any lawful manner.

(e) All such bonds shall be subject to the provisions of this chapter in the same manner and to the same extent as other bonds issued pursuant to this chapter.

##### **§ 18A:72A-15** Bonds as legal investments {#sec-18a-72a-15 omnilex-key=us-nj-statutes--title-18a--18A:72A-15}

Bonds and notes issued by the authority under the provisions of this chapter are hereby made securities in which the state and all political subdivisions of the state, their officers, boards, commissions, departments or other agencies, all banks, bankers, savings banks, trust companies, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries, and all other persons whatsoever who now are or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest any funds, including capital belonging to them or within their control; and said bonds, notes or other securities or obligations are hereby made securities which may properly and legally be deposited with and received by any state or municipal officers or agency of the state for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law.

##### **§ 18A:72A-16** Chapter complete authority for issuance of bonds {#sec-18a-72a-16 omnilex-key=us-nj-statutes--title-18a--18A:72A-16}

Bonds may be issued under the provisions of this chapter without obtaining the consent of any department, division, commission, board, bureau, agency or officer of the state, and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specifically required by this chapter.

##### **§ 18A:72A-17** Power to mortgage {#sec-18a-72a-17 omnilex-key=us-nj-statutes--title-18a--18A:72A-17}

The authority shall not have power to mortgage any of its real property or projects.

##### **§ 18A:72A-18** Exemptions from taxes; bonds; property {#sec-18a-72a-18 omnilex-key=us-nj-statutes--title-18a--18A:72A-18}

The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of this state, for the increase of their commerce, welfare and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenance of a project by the authority or its agent will constitute the performance of an essential public function, neither the authority nor its agent shall be required to pay any taxes or assessments upon or in respect of a project or any property acquired or used by the authority or its agent under the provisions of this chapter or upon the income therefrom, and any bonds issued under the provisions of this chapter, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation of every kind by the state and by the municipalities and other political subdivisions in the state.

##### **§ 18A:72A-19** Restriction on alteration of powers {#sec-18a-72a-19 omnilex-key=us-nj-statutes--title-18a--18A:72A-19}

The State of New Jersey does pledge to and agree with the holders of the bonds, notes and other obligations issued pursuant to authority contained in this chapter, and with those parties who may enter into contracts with the authority pursuant to the provisions of this chapter, that the State will not limit, alter or restrict the rights hereby vested in the authority and the participating institutions to maintain, construct, reconstruct and operate any project as defined in this chapter or to establish and collect such rents, fees, receipts or other charges as may be convenient or necessary to produce sufficient revenues to meet the expenses of maintenance and operation thereof and to fulfill the terms of any agreements made with the holders of bonds authorized by this chapter, and with the parties who may enter into contracts with the authority pursuant to the provisions of this chapter, or in any way impair the rights or remedies of the holders of such bonds or such parties until the bonds, together with interest thereon, are fully paid and discharged and such contracts are fully performed on the part of the authority. The authority as a public body corporate and politic shall have the right to include the pledge herein made in its bonds and contracts.

##### **§ 18A:72A-20** Authority not subject to 18A:62-2 {#sec-18a-72a-20 omnilex-key=us-nj-statutes--title-18a--18A:72A-20}

In carrying out the provisions of this chapter the authority shall not be subject to the provisions of section 18A:62-2.

##### **§ 18A:72A-21** Annual report and audit {#sec-18a-72a-21 omnilex-key=us-nj-statutes--title-18a--18A:72A-21}

On or before March 31 in each year, the authority shall make an annual report of its activities for the preceding calendar year to the governor and the legislature. Each such report shall set forth a complete operating and financial statement covering the authority's operations during the year. The authority shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants.

##### **§ 18A:72A-22** Contracts of property; conflicts of interest {#sec-18a-72a-22 omnilex-key=us-nj-statutes--title-18a--18A:72A-22}

Except as otherwise expressly provided in this chapter, any member, officer, agent or employee of the authority who is interested, either directly or indirectly, in any contract of another with the authority, or in the sale of any property, either real or personal, to the authority, shall be guilty of a misdemeanor.

##### **§ 18A:72A-23** Comptroller of treasury; powers of examination {#sec-18a-72a-23 omnilex-key=us-nj-statutes--title-18a--18A:72A-23}

The comptroller of the treasury and his legally authorized representatives are hereby authorized and empowered from time to time to examine the accounts and books of the authority, including its receipts, disbursements, contracts, sinking funds, investments and any other matters relating to its financial standing.

##### **§ 18A:72A-24** Visitorial powers; Governor {#sec-18a-72a-24 omnilex-key=us-nj-statutes--title-18a--18A:72A-24}

The Governor may visit, examine into and inspect, the authority as an institution under the educational supervision of the State, and may require, as often as desired, duly verified reports therefrom giving such information and in such form as the Governor shall prescribe.

##### **§ 18A:72A-25** Services of state departments or agencies {#sec-18a-72a-25 omnilex-key=us-nj-statutes--title-18a--18A:72A-25}

The authority shall be entitled to call to its assistance and avail itself of the services of such employees of any state department or agency as it may require and as may be available to it for said purpose.

##### **§ 18A:72A-26** Powers and duties of treasurer; institutions under State jurisdiction. {#sec-18a-72a-26 omnilex-key=us-nj-statutes--title-18a--18A:72A-26}

In order to provide new dormitories and to enable the construction and financing thereof, to refinance indebtedness hereafter created by the authority for the purpose of providing a dormitory or dormitories or additions or improvements thereto, or for any one or more of said purposes, but for no other purpose unless authorized by law, each of the following bodies shall have the powers hereafter enumerated to be exercised upon such terms and conditions, including the fixing of any consideration or rental to be paid or received, as it shall determine by resolution as to such property and each shall be subject to the performance of the duties hereafter enumerated, that is to say, the treasurer as to such as are located on land owned by the State or by the authority, the board of governors of the university, the board of trustees of the New Jersey Institute of Technology, Rowan University, Montclair State University, or Kean University, the board of trustees of a State college, the board of trustees of a county college, or the governing body of an affiliate of a public institution of higher education as to such as are located on land owned by the university or by the particular public institution of higher education respectively, namely:

a. The power to sell and to convey to the authority title in fee simple in any such land and any existing dormitories thereon owned by the State or owned by the board of trustees of a county college or the power to sell and to convey to the authority such title as the university or the college respectively may have in any such land and any existing dormitories thereon.

b. The power to lease to the authority or any other entity which is a participating institution any land and any existing dormitories thereon so owned for a term or terms not exceeding 50 years each.

c. The power to lease or sublease from the authority or any other entity which is a participating institution, and to make available, any such land and existing dormitories conveyed or leased to the authority or entity under subsections a. and b. of this section, and any new dormitories erected upon such land or upon any other land owned by the authority or entity, any rentals to be payable, as to the university or as to any such college from available funds other than moneys appropriated to it by the State.

d. The power and duty, upon receipt of notice of any assignment by the authority or any other entity which is a participating institution of any lease or sublease made under subsection c. of this section, or of any of its rights under any such lease or sublease, to recognize and give effect to such assignment, and to pay to the assignee thereof rentals or other payments then due or which may become due under any such lease or sublease which has been so assigned by the authority or entity.

e. The power to enter into loan agreements with the authority in connection with the financing or refinancing of a project upon terms and conditions deemed necessary to effect the financing by the authority and the participating public institution of higher education or affiliate thereof.

##### **§ 18A:72A-27** Additional powers of boards of governors, trustees. {#sec-18a-72a-27 omnilex-key=us-nj-statutes--title-18a--18A:72A-27}

In addition thereto the board of governors of the university and the board of trustees of each of said colleges including county colleges shall have the following powers and shall be subject to the following duties as to its lands and dormitories:

a. The power to pledge and assign all or any part of the revenues derived from the operation of such new dormitories as security for the payment of rentals due and to become due under any lease or sublease of such new dormitories under subsection c. of the preceding section.

b. The power to covenant and agree in any lease or sublease of such new dormitories made under subsection c. of the preceding section to impose fees, rentals or other charges for the use and occupancy or other operation of such new dormitories in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease.

c. The power to apply all or any part of the revenues derived from the operation of any dormitories to the payment of rentals due and to become due under any lease or sublease made under subsection c. of the preceding section.

d. The power to pledge and assign all or any part of the revenues derived from the operation of any dormitories to the payment of rentals due and to become due under any lease or sublease made under subsection c. of the preceding section.

e. The power to covenant and agree in any lease or sublease made under subsection c. of the preceding section to impose fees, rentals or other charges for the use and occupancy or other operation of any dormitories in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease.

f. The power to indemnify the authority from any liability for loss or damage to any person or property of others resulting from any project financed or to be financed by the authority for the benefit of the college.

##### **§ 18A:72A-27.1** Powers and duties, revenue producing facilities. {#sec-18a-72a-27.1 omnilex-key=us-nj-statutes--title-18a--18A:72A-27.1}

In addition to the powers and duties with respect to dormitories given under N.J.S.18A:72A-26 and N.J.S.18A:72A-27 the treasurer, the board of governors of the university, the board of trustees of the New Jersey Institute of Technology, the board of trustees of a State college, the board of trustees of Rowan University, the board of trustees of Montclair State University, the board of trustees of Kean University, the board of trustees of a county college, and the governing body of an affiliate of a public institution of higher education shall also have the same power and be subject to the same duties in relation to any conveyance, lease or sublease made under subsection a., b., or c. of N.J.S.18A:72A-26 or loan agreement under subsection e. of N.J.S.18A:72A-26, with respect to revenue-producing facilities; that is to say, structures or facilities which produce revenues sufficient to pay the rentals due and to become due under any lease or sublease made under subsection c. of N.J.S.18A:72A-26 or loan payments due and to become due under any loan agreement made under subsection e. of N.J.S.18A:72A-26 including, without limitation, student unions and parking facilities.

##### **§ 18A:72A-27.2** Powers of board of trustees {#sec-18a-72a-27.2 omnilex-key=us-nj-statutes--title-18a--18A:72A-27.2}

1. In addition to the powers and duties with respect to dormitories and revenue-producing facilities given under the provisions of this chapter, the board of trustees of a State college shall have the following powers with respect to any educational facility, as defined in N.J.S. 18A:72A-3:

a. To enter into any conveyance, lease, sublease, or loan agreement of the type provided for in N.J.S. 18A:72A-26, N.J.S.18A:72A-27, and N.J.S.18A:72A-27.1 with the authority, with respect to the acquisition, construction and financing of any educational facility;

b. To enter into any other agreement with the authority, with respect to the acquisition, construction or financing of an educational facility according to terms and conditions which the authority and the board of trustees shall determine in accordance with the powers of the authority;

c. To pledge and assign all or any part of any funds appropriated to the State college and available for the purposes provided in subsections a. and b. of this section or any other available moneys of the State college to the payment of any amount due and owing under any agreement made under subsections a. and b. of this section if that agreement expressly states that the payment of any and all amounts due and owing thereunder shall, to the extent the funds shall be derived from appropriations, depend on appropriations being made by the Legislature.

##### **§ 18A:72A-27.3** Submission of proposed projects to the Legislature. {#sec-18a-72a-27.3 omnilex-key=us-nj-statutes--title-18a--18A:72A-27.3}

2. The board of trustees of the public institution of higher education shall submit a copy of a resolution approving any non-revenue-producing facility project to the President of the Senate and the Speaker of the General Assembly and shall submit informational copies of the proposal to the members of the Senate Budget and Appropriations Committee and the Assembly Appropriations Committee and to the Secretary of Higher Education. The submission shall include all appropriate supporting information including, but not limited to, a description of the project, its impact, cost and construction schedule, and a detailed explanation of the sources of revenue which will be dedicated to the financing of the project. If the Legislature does not disapprove the proposal by the adoption of a concurrent resolution within 45 days, the proposal shall be deemed to be approved.

##### **§ 18A:72A-28** Approval of plans, specifications and locations {#sec-18a-72a-28 omnilex-key=us-nj-statutes--title-18a--18A:72A-28}

The board of governors of the university or the board of trustees of the Newark College of Engineering or the board of trustees of a State college or the board of trustees of a county college shall approve the plans and specifications and location of each dormitory undertaken for it or under its control, prior to the undertaking thereof by the authority.

##### **§ 18A:72A-29** Lands, assets titled in name of State. {#sec-18a-72a-29 omnilex-key=us-nj-statutes--title-18a--18A:72A-29}

All lands and other assets real or personal presently titled in the name of the State Board of Higher Education or the State Department of Higher Education, which are occupied by a public institution of higher education shall be titled in the name of the State of New Jersey only. All conveyances, leases and subleases, pursuant to this chapter shall be made, executed and delivered in the name of the State and shall be signed by the State Treasurer and sealed with the seal of the State.

To the extent not otherwise expressly provided under existing law, all powers and duties conferred upon the university or an affiliate pursuant to this chapter shall be exercised and performed by resolution of its governing board and all powers and duties conferred upon any of said colleges pursuant to this chapter shall be exercised and performed by resolution of its board of trustees.

All conveyances, leases and subleases made pursuant to this chapter, when duly authorized by the university, shall be made, executed and delivered in the name of the university and shall be signed by its president or a vice president and sealed with the seal of the university and all conveyances, leases and subleases made pursuant to this chapter, when duly authorized by any of said colleges, shall be made, executed and delivered in the name of the college and shall be signed by the president or a vice president and sealed with the seal of the college.

##### **§ 18A:72A-30** Additional powers; private colleges {#sec-18a-72a-30 omnilex-key=us-nj-statutes--title-18a--18A:72A-30}

In addition to the foregoing powers, the authority with respect to private colleges, shall have power:

(a) upon application of the private college to construct, acquire or otherwise provide projects for the use and benefit of the private college and the students, faculty and staff of such private college. The private college for which such a project is undertaken by the authority shall, if applicable, approve the plans and specifications and location of such project;

(b) to operate and manage any project provided pursuant to this section, or the authority may lease any such project to the private college for which such project is provided. At such time as the liabilities of the authority incurred for any such project have been met and the bonds of the authority issued therefor have been paid, or such liabilities and bonds have otherwise been discharged, the authority shall transfer title to all the real and personal property of such project vested in the authority, to the private college in connection with which such project is then being operated, or to which such project is then leased; provided, however, that if at any time prior thereto such private college ceases to offer educational facilities, then such title shall vest in the State of New Jersey.

Any lease of a project authorized by this section shall be a general obligation of the lessee except as the authority expressly agrees and may contain provisions, which shall be a part of the contract with the holders of the bonds of the authority issued for such project, as to:

(i) pledging all or any part of the moneys, earnings, income and revenues derived by the lessee from such project or any part or parts thereof, or other personal property of the lessee, to secure payments required under the terms of such lease;

(ii) the rates, rentals, fees and other charges to be fixed and collected by the lessee, the amounts to be raised in each year thereby, and the use and disposition of such moneys, earnings, income and revenues;

(iii) the setting aside of reserves and the creation of special funds and the regulation and disposition thereof;

(iv) the procedure, if any, by which the terms of such lease may be amended, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given;

(v) vesting in a trustee or trustees such specified properties, rights, powers and duties as shall be deemed necessary or desirable for the security of the holders of the bonds of the authority issued for such projects;

(vi) the obligations of the lessee with respect to the replacement, reconstruction, maintenance, operation, repairs and insurance of such project;

(vii) defining the acts or omissions to act which shall constitute a default in the obligations and duties of the lessee, and providing for the rights and remedies of the authority and of its bondholders in the event of such default;

(viii) any other matters, of like or different character, which may be deemed necessary or desirable for the security or protection of the authority or the holders of its bonds.

##### **§ 18A:72A-31** Construction loans; terms {#sec-18a-72a-31 omnilex-key=us-nj-statutes--title-18a--18A:72A-31}

The authority also shall have power:

(a) to make loans to any participating institution for the construction or acquisition of projects in accordance with a loan agreement and plans and specifications, as appropriate, approved by the authority. No such loan shall exceed the total cost of such project and the equipment therefor as determined by the authority. Each such loan shall be premised upon an agreement between the authority and the participating institution as to payment, security, maturity, redemption, interest and other appropriate matters.

(b) to make loans to any participating institution to refund existing bonds, mortgages or advances given or made by such participating institution for the construction of projects to the extent that this will enable such participating institution to offer greater security for loans for new project construction or acquisition.

##### **§ 18A:72A-32** Power of private colleges to mortgage {#sec-18a-72a-32 omnilex-key=us-nj-statutes--title-18a--18A:72A-32}

For the purpose of obtaining and securing loans under N.J.S.18A:72A-31 every participating institution shall, notwithstanding the provisions of any other law, have power to mortgage and pledge any of its real or personal property, and to pledge any of its income from whatever source to repay the principal of and interest on any loan made to it by the authority or to pay the interest on and principal and redemption premium, if any, of any note, bond or other evidence of indebtedness evidencing the debt created by any such loan; provided that the foregoing shall not be construed to authorize actions in conflict with specific legislation, trusts, endowment, or other agreements relating to specific properties or funds.

##### **§ 18A:72A-33** Moneys; separate account {#sec-18a-72a-33 omnilex-key=us-nj-statutes--title-18a--18A:72A-33}

Moneys of the authority received from any private college in payment of any sum due to the authority pursuant to the terms of any loan or other agreement or any bond, note or other evidence of indebtedness, shall be deposited in an account in which only moneys received from private colleges shall be deposited and shall be kept separate and apart from and not commingled with any other moneys of the authority. Moneys deposited in such account shall be paid out on checks signed by the chairman of the authority or by such other person or persons as the authority may authorize.

##### **§ 18A:72A-34** Authority; construction, operation and management {#sec-18a-72a-34 omnilex-key=us-nj-statutes--title-18a--18A:72A-34}

(a) Whenever the authority under section 18A:72A-30 undertakes to construct, acquire or otherwise provide and operate and manage a project, the authority shall be responsible for the direct operation and maintenance costs of such project, but each private college in connection with which such a project is provided and operated and managed shall be responsible at its own expense for the overall supervision of each project, for the overhead and general administrative costs of the private college which are incurred because of such project and for the integration of each project operation into the institution's educational program.

(b) Whenever the authority under section 18A:72A-30 undertakes to construct, acquire or otherwise provide a project and to lease the same to a private college, the lessee shall be responsible for the direct operation and maintenance costs of such project and, in addition, shall be responsible for the overall supervision of each project, for the overhead and general administrative costs of the lessee which are incurred because of such project and for the integration of each project operation into the lessee's educational program.

(c) Whenever the authority under section 18A:72A-31 makes loans for the construction of a project, the private college at which such project is located shall be responsible for the direct operation and maintenance costs of such project and, in addition, shall be responsible for the overall supervision of each project, for the overhead and general administrative costs of the private college which are incurred because of such project and for the integration of each project operation into the institution's educational program.

##### **§ 18A:72A-35** Private colleges; pledges {#sec-18a-72a-35 omnilex-key=us-nj-statutes--title-18a--18A:72A-35}

Any pledge of moneys, earnings, income or revenues authorized with respect to private colleges, pursuant to the provisions of this chapter, shall be valid and binding from the time when the pledge is made. The moneys, earnings, income or revenues so pledged and thereafter received by the pledgor shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act. The lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the pledgor irrespective of whether such parties have notice thereof. No instrument by which such a pledge is created need be filed or recorded in any manner.

##### **§ 18A:72A-36** Construction of chapter {#sec-18a-72a-36 omnilex-key=us-nj-statutes--title-18a--18A:72A-36}

This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes thereof.

##### **§ 18A:72A-37** No liability or pledge of credit of state {#sec-18a-72a-37 omnilex-key=us-nj-statutes--title-18a--18A:72A-37}

Nothing contained in this chapter shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit, of the state.

##### **§ 18A:72A-38** Powers supplemental and not derogatory {#sec-18a-72a-38 omnilex-key=us-nj-statutes--title-18a--18A:72A-38}

The foregoing sections of this chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing; provided, however, that the issuance of bonds or refunding bonds under the provisions of this chapter need not comply with the requirements of any other law applicable to the issuance of bonds.

##### **§ 18A:72A-39** Inconsistent laws inapplicable {#sec-18a-72a-39 omnilex-key=us-nj-statutes--title-18a--18A:72A-39}

The powers granted to the authority by this chapter may be exercised without regard or reference to any department or agency of the state. All other general or special laws, or parts thereof, inconsistent with this chapter are hereby declared to be inapplicable to the provisions of this chapter.

##### **§ 18A:72A-40** Short title {#sec-18a-72a-40 omnilex-key=us-nj-statutes--title-18a--18A:72A-40}

1. This act shall be known and may be cited as the "Higher Education Equipment Leasing Fund Act."

##### **§ 18A:72A-41** Findings, declarations. {#sec-18a-72a-41 omnilex-key=us-nj-statutes--title-18a--18A:72A-41}

2. The Legislature finds and declares that:

a. Higher education plays a vital role in the economic development of the nation and the State by providing the education and training of the work force of the future and by advancing science and technology through research;

b. The rapid technological changes occurring throughout the world have a considerable impact on the quality of teaching, learning, and research at colleges and universities;

c. The current inventory of instructional and research equipment at the colleges and universities within the State is aging, both chronologically and technologically, and much of it has been rendered obsolete; and

d. The Secretary of Higher Education, who is statutorily responsible for the coordination and planning of higher education in New Jersey, has identified a crucial need to establish a regular financing mechanism for scientific, engineering, technical, computer, communications, and instructional equipment at New Jersey's public and private institutions of higher education.

##### **§ 18A:72A-42** Higher education equipment leasing fund; issuance of bonds. {#sec-18a-72a-42 omnilex-key=us-nj-statutes--title-18a--18A:72A-42}

5. a. There is created within the New Jersey Educational Facilities Authority, established pursuant to chapter 72A of Title 18A of the New Jersey Statutes, hereinafter referred to as the "authority," a higher education equipment leasing fund to finance the purchase of higher education equipment at public and private institutions of higher education. The authority shall issue bonds to finance the purchase of higher education equipment for lease to public and private institutions of higher education and to finance the administrative costs associated with the approval process and the issuance of bonds provided that the total outstanding principal amount of the bonds shall not exceed $100,000,000, except that all administrative costs associated with the approval process and the issuance of bonds shall not be included within the total aggregate principal amount of bonds issued, and the term of any bond issued shall not exceed 10 years. In computing the foregoing limitation as to amount, there shall be excluded all bonds which shall be issued for refunding purposes, provided that the refunding shall be determined by the authority to result in a debt service savings. The State Treasurer is hereby authorized to enter into a contract with the authority pursuant to which the State Treasurer, subject to available appropriation, shall pay the amount necessary to pay the principal and interest on bonds and notes of the authority issued pursuant to this section. In entering into a lease agreement with a public or private institution of higher education, the authority shall include such lease provisions as may be necessary to insure that the institution shall pay an amount equal to 25% of the amount necessary to pay the principal and interest on the bonds and notes of the authority issued pursuant to this section to finance the purchase of higher education equipment at that institution. Upon receipt of such moneys from the public or private institution of higher education, the authority shall remit the moneys immediately to the State Treasurer.

b. The authority shall from time to time issue bonds or notes in an amount sufficient to finance the purchase of higher education equipment pursuant to lease agreements with public and private institutions of higher education and which shall also finance the administrative costs associated with the issuance of bonds or notes. The authority shall issue the bonds or notes in such manner as it shall determine in accordance with the provisions of P.L.1993, c.136 (C.18A:72A-40 et al.) and the "New Jersey educational facilities authority law," N.J.S.18A:72A-1 et seq. The authority shall not issue any bonds or notes pursuant to this section without the prior written consent of the State Treasurer.

c. Bonds or notes issued pursuant to this act shall not be in any way a debt or liability of the State or of any political subdivision thereof other than the authority and shall not create or constitute any indebtedness, liability or obligation of the State or of any political subdivision thereof, or be or constitute a pledge of the faith and credit of the State or of any political subdivision thereof, but all bonds or notes, unless funded or refunded by the bonds or notes of the authority, shall be payable solely from revenues of funds pledged or available for their payment as authorized by this act. Each bond shall contain on its face a statement to the effect that the authority is obligated to pay the principal thereof, redemption premium, if any, or the interest thereon only from revenue or funds of the authority and that neither the State nor any political subdivision thereof is obligated to pay the principal thereof, redemption premium, if any, or interest thereon and that neither the faith and credit nor the taxing power of the State or of any political subdivision thereof is pledged to the payment of the principal of, redemption premium, if any, or the interest on the bonds.

d. The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds or notes issued pursuant to authorization of P.L.1993, c.136 (C.18A:72A-40 et al.) that the State shall not limit or alter the rights or powers hereby vested in the authority to perform and fulfill the terms of any agreement made with the holders of the bonds or notes, or to fix, establish, charge and collect such rents, fees, rates, payments, or other charges as may be convenient or necessary to produce sufficient revenues to meet all expenses of the authority and to fulfill the terms of any agreement made with the holders of the bonds and notes, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the holders, until the bonds and notes, together with interest thereon, are fully met and discharged or provided for.

##### **§ 18A:72A-43** Allocation of moneys. {#sec-18a-72a-43 omnilex-key=us-nj-statutes--title-18a--18A:72A-43}

6. The moneys deposited into the fund created pursuant to section 5 of P.L.1993, c.136 (C.18A:72A-42) shall be allocated in the following manner:

a. A minimum of $24,000,000 for the leasing of higher education equipment at the State colleges;

b. A minimum of $19,440,000 for the leasing of higher education equipment at Rutgers, The State University;

c. A minimum of $10,080,000 for the leasing of higher education equipment at the University of Medicine and Dentistry of New Jersey;

d. A minimum of $6,480,000 for the leasing of higher education equipment at the New Jersey Institute of Technology;

e. A minimum of $22,000,000 for the leasing of higher education equipment at the county colleges;

f. A minimum of $10,500,000 for the leasing of higher education equipment at private institutions of higher education; and

g. A minimum of $7,500,000 for the leasing of higher education equipment for emerging needs programs at public and private institutions of higher education.

The Secretary of Higher Education may apportion the amounts authorized in subsection g. among any other amounts authorized in subsections a. through f.

The Secretary of Higher Education may reallocate any balance in the amounts authorized in subsections a. through g. of this section which have not been fully committed within 18 months of the effective date of this act.

The Secretary of Higher Education shall determine the allocation of moneys deposited into the fund resulting from the issuance by the authority of new bonds because of the retirement of bonds previously issued by the authority.

##### **§ 18A:72A-44** Lease agreements to finance acquisition of higher education equipment {#sec-18a-72a-44 omnilex-key=us-nj-statutes--title-18a--18A:72A-44}

7. The authority may enter into a lease agreement with a public or private institution of higher education to finance the acquisition of higher education equipment by the institution and which provides for the lease of the equipment by the authority to the institution. The higher education equipment shall have a useful life equal to or greater than the term of the bonds issued to finance the purchase of the equipment. During the period of the lease, the authority shall hold title to the equipment. At such time as the liabilities of the authority incurred for the purchase of the higher education equipment have been met and the bonds of the authority issued therefor have been paid, or such liabilities and bonds have otherwise been discharged, the authority shall transfer title to the higher education equipment to the institution to which the equipment is leased. However, if at any time prior thereto the institution ceases to operate, then title shall vest in the authority.

##### **§ 18A:72A-45** Approval for lease agreements. {#sec-18a-72a-45 omnilex-key=us-nj-statutes--title-18a--18A:72A-45}

8. The authority shall not enter into a lease agreement with an institution of higher education unless the Secretary of Higher Education has approved the purchase of the higher education equipment by the institution. The secretary shall provide a written certification of such approval including the amount approved to the authority.

##### **§ 18A:72A-45.1** JBOC approval required for lease agreement. {#sec-18a-72a-45.1 omnilex-key=us-nj-statutes--title-18a--18A:72A-45.1}

23. The authority shall not enter into a lease agreement with an institution of higher education without the review and approval of the Joint Budget Oversight Committee. The Joint Budget Oversight Committee shall approve or disapprove each lease agreement within 10 working days of receipt of the lease information or the lease agreement shall be deemed approved.

##### **§ 18A:72A-46** Amount retained by State to satisfy deficiency {#sec-18a-72a-46 omnilex-key=us-nj-statutes--title-18a--18A:72A-46}

9. a. To assure the continued operation and solvency of the leasing fund program, the authority shall require that if an institution of higher education fails or is unable to pay to the authority in full, when due, any obligation of the institution to the authority, an amount sufficient to satisfy the deficiency shall be retained by the State Treasurer from State aid or an appropriation payable to the institution. As used in this section, obligation of the institution means any amount payable by the institution for equipment leasing pursuant to a lease agreement with the authority.

b. The amount retained by the State Treasurer shall be deducted from the corresponding appropriation or apportionment of State aid payable to the institution of higher education and shall not obligate the State to make, nor entitle the institution to receive, any additional appropriation or apportionment.

##### **§ 18A:72A-47** Annual report. {#sec-18a-72a-47 omnilex-key=us-nj-statutes--title-18a--18A:72A-47}

10. The Secretary of Higher Education shall annually submit a report to the Governor and the Legislature on the higher education equipment purchases at public and private institutions of higher education which have been approved by the secretary and financed by the New Jersey Educational Facilities Authority pursuant to lease agreements with the institutions.

##### **§ 18A:72A-48** Rules, regulations. {#sec-18a-72a-48 omnilex-key=us-nj-statutes--title-18a--18A:72A-48}

11. The Secretary of Higher Education, in consultation with the New Jersey Educational Facilities Authority, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the rules and regulations necessary to carry out the provisions of this act.

##### **§ 18A:72A-49** Short title {#sec-18a-72a-49 omnilex-key=us-nj-statutes--title-18a--18A:72A-49}

1. This act shall be known and may be cited as the "Higher Education Facilities Trust Fund Act."

##### **§ 18A:72A-50** Findings, declarations {#sec-18a-72a-50 omnilex-key=us-nj-statutes--title-18a--18A:72A-50}

2. The Legislature finds and declares that:

a. Higher education plays a vital role in the economic development of the nation and of the State by providing the education and training of the work force of the future and by advancing science and technology through research.

b. New Jersey has an intense concentration of high technology industries and research facilities and is the headquarters of some of the world's most productive corporations. In the last decade of the 20th century, it has become obvious that New Jersey's institutions of higher education will have to change and improve their educational and research facilities in order not only to prepare students to fill existing jobs in a highly technical world, but also to create new jobs as well.

c. In order for New Jersey students and businesses to be competitive with their international peers, the public and private sectors must continually take steps to enhance the technology and research facilities at our colleges and universities. To do otherwise would result in the failure of New Jersey businesses to remain competitive, a decrease in the number of jobs available to New Jersey workers, a decline in State and personal income, and the loss of potential students to other, more technologically advanced institutions in other states.

d. If New Jersey is to maintain the expansion of its economic development and continue to provide an adequately trained work force to retain and attract industry to the State, New Jersey's public and private institutions of higher education must be strengthened to provide services to meet the needs of the 21st century.

e. In order to protect the State's economy and preserve and enhance our higher education system in today's global and technological society, there is a crucial need to identify an ongoing funding source to construct, expand, and update instructional, laboratory, communication, and research facilities at New Jersey's public and private institutions of higher education.

##### **§ 18A:72A-51** "Higher Education Facilities Trust Fund." {#sec-18a-72a-51 omnilex-key=us-nj-statutes--title-18a--18A:72A-51}

3. There is created within the New Jersey Educational Facilities Authority, established pursuant to N.J.S.18A:72A-1 et seq., the "Higher Education Facilities Trust Fund," hereinafter referred to as the "trust fund." The trust fund shall be maintained as a separate account and administered by the authority to carry out the provisions of this act. The trust fund shall consist of:

a. moneys received from the issuance of bonds or notes pursuant to section 9 of P.L.1993, c.375 (C.18A:72A-57) and an annual appropriation in an amount sufficient to pay the principal and interest on the bonds or notes;

b. all moneys appropriated by the State for the purposes of the trust fund; and

c. all interest and investment earnings received on moneys in the trust fund.

##### **§ 18A:72A-52** Use of trust fund {#sec-18a-72a-52 omnilex-key=us-nj-statutes--title-18a--18A:72A-52}

4. The trust fund shall be used to provide grants to New Jersey's public and private institutions of higher education for the cost, or a portion of the cost, of the construction, reconstruction, development, extension, and improvement of instructional, laboratory, communication, and research facilities.

##### **§ 18A:72A-53** Allocation of initial grants. {#sec-18a-72a-53 omnilex-key=us-nj-statutes--title-18a--18A:72A-53}

5. The initial grants from the trust fund shall be allocated as follows:

a. $48,000,000 for facilities at the State Colleges;

b. $38,880,000 for facilities at Rutgers, The State University;

c. $20,160,000 for facilities at the University of Medicine and Dentistry of New Jersey;

d. $12,960,000 for facilities at the New Jersey Institute of Technology;

e. $44,000,000 for facilities at the county colleges;

f. $21,000,000 for facilities at the private institutions of higher education;

g. $15,000,000 for South Jersey multi-institutional economic development facilities. As used in this section, "South Jersey multi-institutional economic development facilities" means facilities which would promote economic development in the eight southernmost counties of the State and which involve more than one public or private institution of higher education; and

h. $20,000,000 for a new facility for Rutgers, The State University, School of Law, Newark.

The amount authorized in subsection g. may be apportioned among any other amounts authorized in subsections a. through f. of this section.

The Secretary of Higher Education may reallocate any balance in an amount authorized in subsections a. through h. of this section which has not been approved by the secretary for a grant within 18 months of the effective date of this act.

The Secretary of Higher Education shall determine the allocation of moneys deposited into the trust fund resulting from the issuance by the authority of new bonds because of the retirement of bonds previously issued by the authority.

The facilities funded by grants from the trust fund shall follow the principles of affirmative action and equal opportunity employment. In furtherance of these principles, the Secretary of Higher Education shall continue the policy of encouraging institutions to solicit bids from, and award contracts to, minority and women-owned businesses.

##### **§ 18A:72A-54** Application for grant. {#sec-18a-72a-54 omnilex-key=us-nj-statutes--title-18a--18A:72A-54}

6. a. The governing board of a public or private institution of higher education may determine, by resolution, to apply for a grant from the trust fund. Upon adoption of the resolution, the board shall file an application with the Secretary of Higher Education, which application shall include a complete description of the project to be financed and an identification of any additional sources of revenue to be used.

b. The Secretary of Higher Education shall review the application and approve or disapprove the grant. For each grant which is approved, the secretary shall establish the amount and shall send a written certification of such approval including the amount approved to the authority.

c. The Secretary of Higher Education shall submit to the Legislature a copy of the written certification of the approval of the grant and the amount thereof. If the Legislature does not disapprove the grant by the adoption of a concurrent resolution within 60 days, the grant shall be deemed to be authorized. In addition, the resolution approving the grant for the new instructional and research facility for Rutgers, The State University, School of Law, Newark, shall be submitted by the secretary to the Joint Budget Oversight Committee for its approval prior to the commission's submission of the resolution to the Legislature. The secretary shall provide to the committee such information concerning the grant as the committee may require for its consideration.

d. Each grant awarded under this act shall be contingent upon the recipient governing board entering into a contract or contracts for the commencement of the construction, reconstruction, development, extension, or improvement of the facility within one year of the date on which the funds of the grant are made available.

##### **§ 18A:72A-55** List of selection criteria. {#sec-18a-72a-55 omnilex-key=us-nj-statutes--title-18a--18A:72A-55}

7. In order to ensure the most effective utilization of the moneys in the trust fund and to guide governing boards which elect to apply for a grant, the Secretary of Higher Education shall establish a list of selection criteria and shall specify the information to be included in a grant application.

##### **§ 18A:72A-56** "Higher Education Facilities Trust Fund Board." {#sec-18a-72a-56 omnilex-key=us-nj-statutes--title-18a--18A:72A-56}

8. In order to ensure proper oversight and review, there is created the "Higher Education Facilities Trust Fund Board" which shall consist of four members as follows: the Secretary of Higher Education; the State Treasurer or a designee; the President of the Senate or a designee; and the Speaker of the General Assembly or a designee. The board shall ensure that the revenue provided to the trust fund is adequate to support the grants approved by the Secretary of Higher Education. At the end of each three-year period following the approval of this act, the board shall review, in consultation with the Secretary of Higher Education, the physical plant needs of public and private institutions of higher education in the State and shall recommend to the Governor and the Legislature a plan to increase, as necessary, the availability and uses of grants made from the trust fund.

##### **§ 18A:72A-57** Issuance of bonds, notes. {#sec-18a-72a-57 omnilex-key=us-nj-statutes--title-18a--18A:72A-57}

9. a. The authority shall from time to time issue bonds or notes in an amount sufficient to finance the grants provided under this act and to finance the administrative costs associated with the approval process and the issuance of the bonds or notes, provided that the total outstanding principal amount of the bonds or notes shall not exceed $220,000,000, except that all administrative costs associated with the approval process and the issuance of bonds shall not be included within the total aggregate principal amount of bonds issued, and the term of any bond issued shall not exceed 15 years. In computing the foregoing limitation as to amount, there shall be excluded all bonds which shall be issued for refunding purposes, provided that the refunding shall be determined by the authority to result in a debt service savings. The authority shall issue the bonds or notes in such manner as it shall determine in accordance with the provisions of P.L.1993, c.375 (C.18A:72A-49 et al.) and the "New Jersey educational facilities authority law," N.J.S.18A:72A-1 et seq., provided that no bonds or notes shall be issued pursuant to this section without the prior written consent of the State Treasurer. Notwithstanding any other provision of law to the contrary, the State Treasurer shall not consent to the issuance of any bonds or notes unless the amount scheduled for the annual debt service payments for each series of bonds or notes, consisting of the payment of interest and principal on the bonds or notes, are, as far as may be practicable, level for each fiscal year that any bonds or notes of the series are outstanding, except for a fiscal year in which the first or last payment on a series is the only payment made for that series during that fiscal year.

b. Bonds or notes issued pursuant to this act shall not be in any way a debt or liability of the State or of any political subdivision thereof other than the authority and shall not create or constitute any indebtedness, liability or obligation of the State or of any political subdivision thereof, or be or constitute a pledge of the faith and credit of the State or of any political subdivision thereof, but all bonds or notes, unless funded or refunded by the bonds or notes of the authority, shall be payable solely from revenues of funds pledged or available for their payment as authorized by this act. Each bond shall contain on its face a statement to the effect that the authority is obligated to pay the principal thereof, redemption premium, if any, or the interest thereon only from revenue or funds of the authority and that neither the State nor any political subdivision thereof is obligated to pay the principal thereof, redemption premium, if any, or interest thereon and that neither the faith and credit nor the taxing power of the State or of any political subdivision thereof is pledged to the payment of the principal of, redemption premium, if any, or the interest on the bonds.

c. The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds or notes issued pursuant to the authorization of P.L.1993, c.375 (C.18A:72A-49 et al.) that the State shall not limit or alter the rights or powers hereby vested in the authority to perform and fulfill the terms of any agreement made with the holders of the bonds or notes, or to fix, establish, charge and collect such rents, fees, rates, payments, or other charges as may be convenient or necessary to produce sufficient revenues to meet all expenses of the authority and to fulfill the terms of any agreement made with the holders of the bonds and notes, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the holders, until the bonds and notes, together with interest thereon, are fully met and discharged or provided for.

##### **§ 18A:72A-58** Rules, regulations. {#sec-18a-72a-58 omnilex-key=us-nj-statutes--title-18a--18A:72A-58}

11. The Secretary of Higher Education, in consultation with the New Jersey Educational Facilities Authority, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the rules and regulations necessary to carry out the provisions of this act.

##### **§ 18A:72A-59** Short title. {#sec-18a-72a-59 omnilex-key=us-nj-statutes--title-18a--18A:72A-59}

1. This act shall be known and may be cited as the "Higher Education Technology Infrastructure Fund Act."

##### **§ 18A:72A-60** Findings, declarations relative to higher education technology infrastructure. {#sec-18a-72a-60 omnilex-key=us-nj-statutes--title-18a--18A:72A-60}

2. The Legislature finds and declares that:

a. New Jersey's public and independent colleges and universities contribute substantially to the local, State, and national economies by developing the workforce, advancing knowledge through research and scholarship, and serving as a repository for information.

b. An integrated technology infrastructure is increasingly critical to teaching, research, workforce training, and the effectiveness and efficiency of New Jersey's higher education system.

c. Up-to-date telecommunications and information technology, including connectivity within and among institutions and with libraries and elementary and secondary schools, will enable students and faculty to access information and educational opportunities efficiently and effectively and will increase opportunities for institutions to collaborate and share resources.

d. Consortial arrangements and distance learning offer significant potential to reduce costs and increase access, but these new modes of delivery cannot succeed without a technology infrastructure which insures compatibility and connectivity.

e. Colleges and universities must address substantial, yet varying, technological needs in order to participate fully in a comprehensive, current telecommunications network. To strengthen New Jersey's competitiveness and enhance the State's higher education system in a global and highly technological economy, it is essential to establish a dedicated source of funding to support investment by New Jersey's public and independent higher education institutions in technology infrastructure.

##### **§ 18A:72A-61** "Higher Education Technology Infrastructure Fund." {#sec-18a-72a-61 omnilex-key=us-nj-statutes--title-18a--18A:72A-61}

3. There is created within the New Jersey Educational Facilities Authority, established pursuant to N.J.S.18A:72A-1 et seq., the "Higher Education Technology Infrastructure Fund," hereinafter referred to as the "technology fund." The technology fund shall be maintained as a separate account and administered by the authority to carry out the provisions of this act. The technology fund shall consist of:

a. moneys received from the issuance of bonds or notes pursuant to section 7 of P.L.1997, c.238 (C.18A:72A-65);

b. all moneys appropriated by the State for the purposes of the fund; and

c. all interest and investment earnings received on moneys in the technology fund.

##### **§ 18A:72A-62** Use of technology fund. {#sec-18a-72a-62 omnilex-key=us-nj-statutes--title-18a--18A:72A-62}

4. The technology fund shall be used to develop technology infrastructure within and among New Jersey's institutions of higher education in order to provide access effectively and efficiently to information, educational opportunities, and workforce training. Funds may also be used to enhance the connectivity of higher education institutions to libraries and elementary and secondary schools.

As used in this act, "technology infrastructure" means video, voice, and data telecommunications equipment and linkages, including transport services and network interconnections.

##### **§ 18A:72A-63** Grant conditions, allocations. {#sec-18a-72a-63 omnilex-key=us-nj-statutes--title-18a--18A:72A-63}

5. The use of a grant from the technology fund shall require a matching amount from an institution equal to the amount of the grant provided. The initial grants from the technology fund shall be allocated as follows:

a. a minimum of $12,600,000 for the acquisition of higher education technology infrastructure at the State colleges;

b. a minimum of $7,722,000 for the acquisition of higher education technology infrastructure at Rutgers, The State University;

c. a minimum of $4,306,500 for the acquisition of higher education technology infrastructure at the University of Medicine and Dentistry of New Jersey;

d. a minimum of $2,821,500 for the acquisition of higher education technology infrastructure at the New Jersey Institute of Technology;

e. a minimum of $12,600,000 for the acquisition of higher education technology infrastructure at the county colleges;

f. a minimum of $4,950,000 for the acquisition of higher education technology infrastructure at private institutions of higher education;

g. a maximum of $5,000,000 for interconnectivity among the higher education institutions. Expenditures shall be based on an inter-institutional needs assessment. If, as a result of the needs assessment, less than $5,000,000 is expended from the funds allocated in this subsection, the remaining funds shall be allocated among the institutions designated in subsections a. through f. of this section based on the percentage of the total funds allocated in each of the subsections a. through f.; and

h. a minimum of $5,000,000 for non-matching public library grants or for Statewide library technology initiatives through the New Jersey State Library.

The Secretary of Higher Education may reallocate any balance in the amount authorized in subsections a. through g. of this section, which has not been approved by the secretary for a grant within 18 months of the effective date of P.L.1997, c.238 (C.18A:72A-59 et seq.).

The secretary shall determine the allocation of moneys deposited into the technology fund resulting from the issuance by the authority of new bonds because of the retirement of bonds previously issued by the authority.

Acquisition of technology infrastructure funded by grants from the technology fund shall follow the principles of affirmative action and equal opportunity employment. In furtherance of these principles, the secretary shall continue its policy of encouraging institutions to solicit bids from, and award contracts to, minority and women-owned businesses.

##### **§ 18A:72A-64** Application for grant, conditions. {#sec-18a-72a-64 omnilex-key=us-nj-statutes--title-18a--18A:72A-64}

6. a. The governing board of a public or private institution of higher education may determine, by resolution, to apply for a grant from the technology fund. Upon adoption of the resolution, the board shall file an application with the Secretary of Higher Education, which application shall include a complete description of the technology infrastructure to be acquired and an identification of the sources of revenue to be used for the required institutional match.

b. The secretary shall review the application and approve or disapprove the grant. For each grant which is approved, the secretary shall establish the amount and shall send written certification of the approval of the grant including the approved amount to the authority.

c. Each grant awarded under this act shall be contingent upon the recipient governing board entering into a contract or contracts for the acquisition of technology infrastructure within one year of the date on which the funds of the grant are made available to the institution.

##### **§ 18A:72A-64.1** JBOC approval required for provision of grant funding. {#sec-18a-72a-64.1 omnilex-key=us-nj-statutes--title-18a--18A:72A-64.1}

24. The authority shall not provide grant funding without the review and approval of the Joint Budget Oversight Committee. The Joint Budget Oversight Committee shall approve or disapprove each grant within 10 working days of receipt of the grant information or the grant shall be deemed approved.

##### **§ 18A:72A-65** Issuance of bonds, notes. {#sec-18a-72a-65 omnilex-key=us-nj-statutes--title-18a--18A:72A-65}

7. a. The authority shall from time to time issue bonds or notes in an amount sufficient to finance the grants provided under this act and to finance the administrative costs associated with the approval process and the issuance of the bonds and notes for the purchase of higher education technology infrastructure for public and private institutions of higher education, provided that the total outstanding principal amount of the bonds and notes shall not exceed $55,000,000, except that all administrative costs associated with the approval process and the issuance of bonds shall not be included within the total aggregate principal amount of bonds issued, and the term of any bond issued shall not exceed 15 years. In computing the foregoing limitation as to amount, there shall be excluded all bonds or notes which shall be issued for refunding purposes, provided that the refunding shall be determined by the authority to result in a debt service savings. The State Treasurer is hereby authorized to enter into a contract with the authority pursuant to which the State Treasurer, subject to available appropriation, shall pay the amount necessary to pay the principal and interest on bonds and notes of the authority issued pursuant to this section.

b. Bonds or notes issued pursuant to this act shall not be in any way a debt or liability of the State or of any political subdivision thereof other than the authority and shall not create or constitute any indebtedness, liability or obligation of the State or of any political subdivision thereof, or be or constitute a pledge of the faith and credit of the State or of any political subdivision thereof, but all bonds or notes, unless funded or refunded by the bonds or notes of the authority, shall be payable solely from revenues of funds pledged or available for their payment as authorized by this act. Each bond or note shall contain on its face a statement to the effect that the authority is obligated to pay the principal thereof, redemption premium, if any, or the interest thereon only from revenue or funds of the authority and that neither the State nor any political subdivision thereof is obligated to pay the principal thereof, redemption premium, if any, or interest thereon and that neither the faith and credit nor the taxing power of the State or of any political subdivision thereof is pledged to the payment of the principal of, redemption premium, if any, or the interest on the bonds.

c. The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds or notes issued pursuant to P.L.1997, c.238 (C.18A:72A-59 et seq.) that the State shall not limit or alter the rights or powers hereby vested in the authority to perform and fulfill the terms of any agreement made with the holders of the bonds or notes, or to fix, establish, charge and collect such rents, fees, rates, payments, or other charges as may be convenient or necessary to produce sufficient revenues to meet all expenses of the authority and to fulfill the terms of any agreement made with the holders of the bonds and notes, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the holders, until the bonds and notes, together with interest thereon, are fully met and discharged or provided for.

##### **§ 18A:72A-66** Agreements between authority and institutions of higher education. {#sec-18a-72a-66 omnilex-key=us-nj-statutes--title-18a--18A:72A-66}

8. The authority may enter into an agreement with a public or private institution of higher education to finance the acquisition of higher education technology infrastructure by the institution. In entering into an agreement with a public or private institution of higher education, the authority shall include in the agreement such provisions as may be necessary to ensure that the institution shall provide a matching amount at least equal to the amount of the grant provided.

##### **§ 18A:72A-67** Approval for entry into agreements. {#sec-18a-72a-67 omnilex-key=us-nj-statutes--title-18a--18A:72A-67}

9. The authority shall not enter into an agreement with an institution of higher education unless the Secretary of Higher Education has approved the acquisition of the higher education technology infrastructure by the institution.

##### **§ 18A:72A-68** Financing of matching amounts. {#sec-18a-72a-68 omnilex-key=us-nj-statutes--title-18a--18A:72A-68}

10. a. To finance the matching amounts for institutions of higher education which have received grants from the technology fund, the authority may from time to time issue bonds or notes in an amount sufficient to finance the purchase of higher education technology infrastructure pursuant to agreements with public and private institutions of higher education and to finance the administrative costs associated with the issuance of bonds or notes. The authority shall issue the bonds or notes in such manner as it shall determine in accordance with the provisions of P.L.1997, c.238 (C.18A:72A-59 et seq.) and the "New Jersey educational facilities authority law," N.J.S.18A:72A-1 et seq. The bonds or notes issued pursuant to this section shall be repaid by the institutions of higher education from any available funds, except grant funds provided to the institution of higher education pursuant to this act.

b. The authority shall require that if an institution of higher education fails or is unable to pay to the authority in full, when due, any obligation of the institution to the authority, an amount sufficient to satisfy the deficiency shall be retained by the State Treasurer from State aid or an appropriation payable to the institution and paid to the authority. As used in this subsection, "obligation of the institution" means any amount payable by the institution for technology infrastructure pursuant to an agreement with the authority.

c. The amount retained by the State Treasurer shall be deducted from the corresponding appropriation or apportionment of State aid payable to the institution of higher education and shall not obligate the State to make, nor entitle the institution to receive, any additional appropriation or apportionment.

##### **§ 18A:72A-69** Criteria for approval, specific information in grant application. {#sec-18a-72a-69 omnilex-key=us-nj-statutes--title-18a--18A:72A-69}

11. In order to ensure the most effective utilization of the moneys in the technology fund and to guide governing boards which elect to apply for a grant, the Secretary of Higher Education shall establish criteria for approval and shall specify the information to be included in a grant application.

##### **§ 18A:72A-70** Rules, regulations. {#sec-18a-72a-70 omnilex-key=us-nj-statutes--title-18a--18A:72A-70}

12. The Secretary of Higher Education, in consultation with the New Jersey Educational Facilities Authority, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the rules and regulations necessary to carry out the provisions of this act.

##### **§ 18A:72A-71** Report to Governor, Legislature. {#sec-18a-72a-71 omnilex-key=us-nj-statutes--title-18a--18A:72A-71}

13. The Secretary of Higher Education shall annually submit a report to the Governor and the Legislature on the higher education technology infrastructure purchases at public and private institutions of higher education, which have been approved by the secretary and financed by the New Jersey Educational Facilities Authority pursuant to this act.

##### **§ 18A:72A-72** Short title. {#sec-18a-72a-72 omnilex-key=us-nj-statutes--title-18a--18A:72A-72}

1. This act shall be known and may be cited as the "Higher Education Capital Improvement Fund Act."

##### **§ 18A:72A-73** Findings, declarations relative to facilities improvements at institutions of higher education. {#sec-18a-72a-73 omnilex-key=us-nj-statutes--title-18a--18A:72A-73}

2. The Legislature finds and declares that:

a. Higher education plays a vital role in the economic development of the nation and the State by providing education and training for the work force of the future, by advancing knowledge and technology through research, and by providing lifelong learning opportunities for all citizens.

b. New Jersey has made a significant investment in its public and private institutions of higher education, and that investment must be protected to insure the continuing availability of affordable, accessible, and excellent higher educational opportunities within the State.

c. If New Jersey is to continue the expansion of its economic development through an adequately trained work force that retains and attracts industry to the State, the facilities and technology infrastructure at New Jersey's public and private institutions of higher education must be preserved and enhanced.

d. In order for New Jersey students and businesses to be competitive with their peers in today's global and technological society, the public and private sectors must continually take steps to preserve and enhance the facilities and technology at our colleges and universities. To do otherwise would result in the loss of potential students to more technologically advanced and well-developed and maintained institutions in other states.

e. In order to support the State's economy and preserve and enhance our higher education system, the State recently provided additional funds to capital needs at the two-year public colleges. There remains, however, a crucial need to provide additional funds to renew, renovate, improve, expand, construct, and reconstruct facilities and technology infrastructure at New Jersey's four-year public and private institutions of higher education.

##### **§ 18A:72A-74** "Higher Education Capital Improvement Fund." {#sec-18a-72a-74 omnilex-key=us-nj-statutes--title-18a--18A:72A-74}

3. There is created within the New Jersey Educational Facilities Authority, established pursuant to chapter 72A of Title 18A of the New Jersey Statutes, the "Higher Education Capital Improvement Fund," hereinafter referred to as the "capital improvement fund." The capital improvement fund shall be maintained as a separate account and administered by the authority to carry out the provisions of this act. The capital improvement fund shall consist of:

a. moneys received from the issuance of bonds, notes or other obligations issued pursuant to section 7 of P.L.1999, c.217 (C.18A:72A-78) and an annual appropriation in an amount sufficient to pay the principal and interest on the bonds, notes or other obligations;

b. all moneys appropriated by the State for the purposes of the capital improvement fund; and

c. all interest and investment earnings received on moneys in the capital improvement fund.

##### **§ 18A:72A-75** Use of capital improvement fund. {#sec-18a-72a-75 omnilex-key=us-nj-statutes--title-18a--18A:72A-75}

4. The capital improvement fund shall be used to provide grants to New Jersey's four-year public and private institutions of higher education for the cost, or a portion of the cost, of the renewal, renovation, improvement, expansion, construction, and reconstruction of facilities and technology infrastructure. Each institution shall use the grants for existing renewal and renovations needs at instructional, laboratory, communication, research, and administrative facilities. An institution may use up to 20% of a grant within student-support facilities for renewal and renovation or improvement, expansion, construction, and reconstruction. If all renewal and renovation is completed at instructional, laboratory, communication, research, and administrative facilities or is accounted for through other funding sources, or if an institution is granted an exemption by the Secretary of Higher Education for the purpose of maximizing federal grant fund recoveries or for the purpose of replacing a building when projected renewal and renovation costs exceed the projected cost of replacement, then grant funds may be used for the improvement, expansion, construction, and reconstruction of instructional, laboratory, communication, and research facilities, or technology infrastructure.

As used in this act:

"renewal and renovation" means making the changes necessary to address deferred capital maintenance needs, to meet all State and federal health, safety, fire, and building code standards, or to provide a safe and appropriate educational or working environment;

"student-support facilities" mean student resident halls, student dining facilities, student activity centers, and student health centers; and

"technology infrastructure" means video, voice, and data telecommunications equipment and linkages with a life expectancy of at least 10 years.

##### **§ 18A:72A-76** Allocation of fund. {#sec-18a-72a-76 omnilex-key=us-nj-statutes--title-18a--18A:72A-76}

5. a. An amount not to exceed $550,000,000 in the capital improvement fund shall be allocated as follows:

$169,000,000 for Rutgers, The State University;

$95,062,500 for the University of Medicine and Dentistry of New Jersey;

$60,937,500 for the New Jersey Institute of Technology;

$175,000,000 for the State colleges and universities; and

$50,000,000 for the private institutions of higher education.

b. The secretary may reallocate any balance in an amount authorized in subsection a. of this section which has not been approved by the secretary for grants within 24 months of the adoption of regulations by the secretary. The secretary may allocate any additional moneys in the capital improvement fund to institutions for capital improvement projects as the secretary determines and shall determine the allocation of moneys deposited into the fund resulting from the issuance by the authority of new bonds because of the retirement of bonds previously issued by the authority.

c. The facilities and technology infrastructure funded by grants from the capital improvement fund shall follow the principles of affirmative action and equal opportunity employment. In furtherance of these principles, the secretary shall continue the policy of encouraging institutions to solicit bids from, and award contracts to, minority and women-owned businesses.

##### **§ 18A:72A-77** Application for grant. {#sec-18a-72a-77 omnilex-key=us-nj-statutes--title-18a--18A:72A-77}

6. a. The governing board of a four-year public or private institution of higher education may determine, by resolution, to apply for a grant from the capital improvement fund. Upon adoption of the resolution, the board shall file an application with the secretary, which application shall include a complete description of the project to be financed and an identification of any additional sources of revenue to be used.

b. In order to ensure the most effective utilization of the moneys in the capital improvement fund and to guide governing boards which elect to apply for a grant, the secretary shall establish a list of grant criteria and shall specify the information to be included in a grant application.

c. The secretary shall review the application and approve or disapprove the grant. When a grant is approved, the secretary shall establish the amount and shall send a written certification of the approval of the grant and the amount of the grant to the authority.

d. The secretary shall submit to the Legislature a copy of the written certification of the grant and the amount thereof. If the Legislature does not disapprove the grant by the adoption of a concurrent resolution within 45 days, the grant shall be deemed to be authorized.

e. When a grant is awarded pursuant to this act, it shall be contingent upon the governing board of the recipient institution entering into a contract or contracts for the commencement of the renewal, renovation, improvement, expansion, construction, and reconstruction of facilities and technology infrastructure within one year of the date on which the funds for the grant are made available.

##### **§ 18A:72A-78** Issuance of bonds, notes, other obligations. {#sec-18a-72a-78 omnilex-key=us-nj-statutes--title-18a--18A:72A-78}

7. a. The authority shall from time to time issue bonds, notes or other obligations in an amount sufficient to finance the grants provided under this act and to finance the administrative costs associated with the approval process and the issuance of the bonds, notes, or other obligations, provided that the total outstanding principal amount of the bonds, notes or other obligations shall not exceed $550,000,000, except that all administrative costs associated with the approval process and the issuance of bonds shall not be included within the total aggregate principal amount of bonds issued, and the term of any bond, note, or other obligation issued shall not exceed 30 years. In computing the foregoing limitation as to amount, there shall be excluded all bonds, notes or other obligations which have been retired or which shall be issued for refunding purposes, provided that the refunding is determined by the authority to result in a debt service savings. The authority shall issue the bonds, notes or other obligations in such manner as it shall determine in accordance with the provisions of P.L.1999, c.217 (C.18A:72A-72 et al.) and the "New Jersey educational facilities law," N.J.S.18A:72A-1 et seq., provided that no bonds, notes or other obligations shall be issued pursuant to this section without the prior written consent of the State Treasurer.

b. The State Treasurer is hereby authorized to enter into a contract with the authority pursuant to which the State Treasurer, subject to available appropriations, shall pay the amount necessary to pay the principal and interest on bonds, notes and other obligations of the authority issued pursuant to this act plus any amounts payable in connection with an agreement authorized under subsection e. of this section. The authority shall enter into a contractual agreement with each institution receiving a capital improvement fund grant, and the agreements shall be approved by a resolution of the authority. All agreements with the four-year public institutions of higher education shall include provisions as may be necessary to insure that each institution pays an amount equal to one-third of the amount necessary to pay the principal and interest on the bonds, notes and other obligations of the authority issued pursuant to this section to finance the projects approved at the institution plus its share of any amounts payable in connection with an agreement authorized under subsection e. of this section. All agreements with the four-year private institutions of higher education shall include provisions as may be necessary to insure that each institution pays an amount equal to one-half of the amount necessary to pay the principal and interest on the bonds, notes and other obligations of the authority issued pursuant to this section to finance the projects approved at the institution plus its share of any amounts payable in connection with an agreement authorized under subsection e. of this section. Upon receipt of the moneys from the public or private institutions of higher education, the authority shall apply the moneys in a manner specified in the contract with the State Treasurer.

c. Bonds, notes or other obligations issued pursuant to this act shall not be in any way a debt or liability of the State or of any political subdivision thereof other than the authority and shall not create or constitute any indebtedness, liability or obligation of the State or of any political subdivision thereof, or be or constitute a pledge of the faith and credit of the State or of any political subdivision thereof, but all bonds, notes or other obligations, unless funded or refunded by the bonds, notes or other obligations of the authority, shall be payable solely from revenues of funds pledged or available for their payment as authorized by this act. Each bond, note or other obligation shall contain on its face a statement to the effect that the authority is obligated to pay the principal thereof, redemption premium, if any, or the interest thereon only from revenue or funds of the authority, and that neither the State nor any political subdivision thereof is obligated to pay the principal thereof, redemption premium, if any, or interest thereon, and that neither the faith and credit nor the taxing power of the State or of any political subdivision thereof is pledged to the payment of the principal of, redemption premium, if any, or the interest on the bonds, notes or other obligations.

d. The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds, notes or other obligations issued pursuant to the authorization of P.L.1999, c.217 (C.18A:72A-72 et al.) that the State shall not limit or alter the rights or powers hereby vested in the authority to perform and fulfill the terms of any agreement made with the holders of the bonds, notes or other obligations, or to fix, establish, charge and collect such rents, fees, rates, payments, or other charges as may be convenient or necessary to produce sufficient revenues to meet all expenses of the authority and to fulfill the terms of any agreement made with the holders of the bonds, notes and other obligations together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the holders, until the bonds, notes and other obligations, together with interest thereon, are fully met and discharged or provided for.

e. In connection with any bonds or refunding of bonds issued pursuant to this section, the authority may also enter into any revolving credit agreement; agreement establishing a line of credit or letter of credit; reimbursement agreement; interest rate exchange agreement; currency exchange agreement; interest rate floor cap, option, put or call to hedge payment, currency, rate, spread or similar exposure, or similar agreement; float agreement; forward agreement; insurance contract; surety bond; commitment to purchase or sell bonds; purchase or sale agreement; or commitment or other contract or agreement or other security agreement approved by the authority.

##### **§ 18A:72A-79** Retention of amount to ensure repayment. {#sec-18a-72a-79 omnilex-key=us-nj-statutes--title-18a--18A:72A-79}

8. a. The authority shall require that if an institution of higher education fails or is unable to pay the authority in full, when due, any obligations of the institution to the authority, an amount sufficient to satisfy the deficiency shall be retained by the State Treasurer from State aid or an appropriation payable to the institution. As used in this section, "obligation of the institution" means any amount payable by the institution for the principal and interest on the bonds, notes or other obligations of the authority for the institution's capital improvement fund grant.

b. The amount retained by the State Treasurer shall be deducted from the appropriation or apportionment of State aid payable to the institution of higher education and shall not obligate the State to make, or entitle the institution to receive, any additional appropriation or apportionment.

##### **§ 18A:72A-80** Rules, regulations. {#sec-18a-72a-80 omnilex-key=us-nj-statutes--title-18a--18A:72A-80}

15. The Secretary of Higher Education, in consultation with the New Jersey Educational Facilities Authority, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the rules and regulations necessary to carry out the provisions of this act.

##### **§ 18A:72A-81** Short title. {#sec-18a-72a-81 omnilex-key=us-nj-statutes--title-18a--18A:72A-81}

47. Sections 47 through 49 of P.L.2009, c.90 (C.18A:72A-81 et seq.) shall be known and may be cited as the "Higher Education Partnership Agreements Act."

##### **§ 18A:72A-82** Definitions relative to higher education partnership agreements. {#sec-18a-72a-82 omnilex-key=us-nj-statutes--title-18a--18A:72A-82}

48. As used in sections 48 and 49 of P.L.2009, c.90 (C.18A:72A-82 and C.18A:72A-83):

"Board" means the Local Finance Board established in the Division of Local Government Services in the Department of Community Affairs.

"Bonds" mean bonds, notes or other obligations issued to finance or refinance higher education projects by a municipality, or on behalf of a municipality by a county improvement authority created pursuant to the "county improvement authorities law," P.L.1960, c.183 (C.40:37A-44 et seq.).

"Higher education partnership agreement" means an agreement between a municipality and an institution of higher education providing for the issuance of bonds by the municipality, a county improvement authority or a redevelopment entity, and the pledge of payments by the institution of higher education to secure those bonds to finance a higher education project, or part thereof.

"Higher education project" means the establishment and construction of higher education buildings and the expansion and construction of additional facilities at, and the acquisition of additional and upgraded equipment for existing higher education buildings, including but not limited to the planning, erecting, purchasing, improving, developing, constructing, reconstructing, extending, rehabilitating, renovating, upgrading, demolishing and equipping of facilities at institutions of higher education.

"Institution of higher education" means: Rutgers, The State University; a State college or university established pursuant to chapter 64 of Title 18A of the New Jersey Statutes; the New Jersey Institute of Technology; Rowan University; Montclair State University; Kean University; a county college and any other public university or college now or hereafter established or authorized by State law; and any college or university incorporated and located in New Jersey, which by virtue of law or character or license is a nonprofit educational institution authorized to grant academic degrees and which provides a level of education which is equivalent to the education provided by the State's public institutions of higher education, as attested by the receipt of and continuation of regional accreditation by the Middle States Association of Colleges and Schools, and which is eligible to receive State aid under the provisions of the Constitution of the United States and the Constitution of the State of New Jersey, but does not include any educational institution dedicated primarily to the education or training of ministers, priests, rabbis or other professional persons in the field of religion.

"Municipality" means the municipal governing body or an entity acting on behalf of the municipality if permitted by the federal Internal Revenue Code of 1986, or, if a redevelopment agency or redevelopment entity is established in the municipality pursuant to P.L.1992, c.79 (C.40A:12A-1 et seq.) and the municipality so provides, the redevelopment agency or entity so established.

##### **§ 18A:72A-83** Higher education partnership agreements. {#sec-18a-72a-83 omnilex-key=us-nj-statutes--title-18a--18A:72A-83}

49. A municipality and an institution of higher education may enter into a higher education partnership agreement for the development of a higher education project. The board shall promulgate rules and regulations, modeled after the procedures and protections set forth in the "Redevelopment Area Bond Financing Law," sections 1 through 10 of P.L.2001, c.310 (C.40A:12A-64 et seq.), within 120 days following the enactment of sections 47 through 49 of P.L.2009, c.90 (C.18A:72A-81 et seq.) in order to effectuate the purposes of this section.

## **Chapter 72B** {#struct-chapter-72b}

##### **§ 18A:72B-15** Short title {#sec-18a-72b-15 omnilex-key=us-nj-statutes--title-18a--18A:72B-15}

This act shall be known and may be cited as the "Independent College and University Assistance Act."

##### **§ 18A:72B-16** Legislative findings and determinations {#sec-18a-72b-16 omnilex-key=us-nj-statutes--title-18a--18A:72B-16}

The Legislature finds and determines that:

a. This State remains committed by law and public policy to the development and preservation of a planned and diverse system of higher education which encompasses both public and independent institutions. Independent institutions make an important contribution to higher education in the State and it is in the public interest to assist these institutions in the provision and maintenance of quality academic programs.

b. The provisions of this act will serve the cause of higher education in this State by assuring maximum educational choice among colleges and universities through the preservation of the vitality and quality of independent institutions of higher education in this State.

##### **§ 18A:72B-17** Definitions {#sec-18a-72b-17 omnilex-key=us-nj-statutes--title-18a--18A:72B-17}

3. As used in this act:

a. "Eligible institution" or "institution" means only those independent institutions of higher education incorporated and located in this State, which, by virtue of law or character or license, are nonprofit educational institutions empowered to grant academic degrees and which provide a level of education which is equivalent to the education provided by the State's public institutions of higher education as attested by the receipt of and continuation of regional accreditation by the Middle States Association of Colleges and Schools, and which are eligible to receive State aid under the provisions of the Constitution of the United States and the Constitution of the State of New Jersey. "Eligible institution" does not include any educational institution dedicated primarily to the preparation or training of ministers, priests, rabbis, or other professional persons in the field of religion.

b. "New Jersey student" means any resident of this State as defined pursuant to section 1 of P.L.1979, c.361 (C.18A:62-4).

c. "Academic year" means the normal period of attendance, excluding summer session, for a full-time undergraduate student to make a year's progress toward a degree.

d. "Full-time equivalent student in an eligible institution" means a unit of 32 undergraduate student credit hours.

e. "Undergraduate student" means a student enrolled in a program leading to an associate or baccalaureate degree, or to a certificate, diploma or its equivalent, awarded by the institution.

f. "Direct per student support for the State college sector" means the average direct net State support per budgeted full-time equivalent student at the State colleges. This average shall be derived from the General Appropriation Act for the pre-budget year by taking the sum of the total appropriation amounts for all State colleges, except Thomas A. Edison College of New Jersey, subtracting from that sum debt service and capital costs and the sum of anticipated revenues at the State colleges, except Edison College, for tuitions, other student fees, School of Conservation, and miscellaneous; and dividing the remainder by the total number of budgeted full-time equivalent students at the State colleges, as stipulated in language in said Appropriation Act.

g. "Department" means the Department of the Treasury.

h. (Deleted by amendment, P.L.1994, c.48).

i. "Pre-budget year" means the fiscal year preceding the year in which the budget is implemented.

##### **§ 18A:72B-18** Payment to institutions; formula; distribution of funds {#sec-18a-72b-18 omnilex-key=us-nj-statutes--title-18a--18A:72B-18}

4. The State Treasurer, subject to the availability of appropriations, is authorized to contract with eligible independent colleges and universities in this State to provide educational services to New Jersey students. Payment to the institutions shall be based upon the number of full-time equivalent New Jersey undergraduates enrolled during the pre-budget year in the independent institutions multiplied by 25% of the level of direct per student support for the State college sector during the pre-budget year. The total funding generated by the preceding formula shall be distributed as follows:

a. Ten percent of this total shall be divided equally among the eligible institutions. These "designated" amounts shall be awarded to each institution except in any instance where the amount of dollars designated for a particular institution under this section exceeds the total amount to be awarded to that institution under subsections b. and c. of this section. In such instances, the funds designated under subsection a. shall be reduced to equal the total of subsections b. and c., which shall be the amount awarded to the institution under this section. The difference between the amount designated and the amount awarded under this section shall be returned to the department.

b. Thirty-five percent shall be distributed on the basis of New Jersey students who received State financial aid or aid administered by such institutions of $1,000.00 or more, in all cases exclusive of loans, during the pre-budget year.

c. Fifty-five percent shall be distributed on the basis of New Jersey full-time equivalent students, as herein defined, enrolled in such institutions during the pre-budget year.

The funds granted under this act may be used by the institutions for any purposes which they deem to be appropriate to maintaining or enhancing the quality of the academic offerings available to New Jersey students, except for purposes of sectarian instruction, the construction or maintenance of sectarian facilities, or for any other sectarian purpose or activity. For the purposes of this act the number of full-time equivalent students at the eight State colleges for the 1979-80 academic year is 54,380.

##### **§ 18A:72B-19** Maintenance of funds; audit of records {#sec-18a-72b-19 omnilex-key=us-nj-statutes--title-18a--18A:72B-19}

5. Funds received by an institution pursuant to this act shall be maintained in a separate ledger account. Each institution shall cause an audit of such account and of enrollment figures to be made annually by a certified public accountant and forwarded to the treasurer. The treasurer shall have the right to audit institutional records pertaining to this act. Each institution also shall furnish to the treasurer a copy of its audited annual financial statement.

##### **§ 18A:72B-20** Suspension and recovery of funds {#sec-18a-72b-20 omnilex-key=us-nj-statutes--title-18a--18A:72B-20}

6. In the event any institution shall expend such funds in violation of the provisions of this act or the rules or regulations of the treasurer, the treasurer may suspend further aid to such institutions and recover any such funds theretofore misspent.

##### **§ 18A:72B-21** Inapplicability of prohibition on disbursements to denominational schools {#sec-18a-72b-21 omnilex-key=us-nj-statutes--title-18a--18A:72B-21}

The provisions of N.J.S. 18A:62-2 shall not be applicable to this act.

##### **§ 18A:72B-22** Rules and policies {#sec-18a-72b-22 omnilex-key=us-nj-statutes--title-18a--18A:72B-22}

8. The State Treasurer shall promulgate rules and adopt policies and make all determinations necessary for the proper administration and enforcement of the provisions of this act.

##### **§ 18A:72B-23** Severability {#sec-18a-72b-23 omnilex-key=us-nj-statutes--title-18a--18A:72B-23}

If any part of this act shall be held invalid, such holding shall not affect the validity of the remaining parts of this act. If a part of this act is invalid in one or more of its applications, the remaining parts of this act shall remain in effect in all valid applications that are severable from the invalid application.

##### **§ 18A:72B-24** Reduction of distributions if funds insufficient {#sec-18a-72b-24 omnilex-key=us-nj-statutes--title-18a--18A:72B-24}

If the funds appropriated for the purposes of this act are insufficient to provide full funding under the formula contained herein, then the funds shall be distributed to eligible institutions on a pro rata basis with each eligible institution receiving a proportionate reduction in funds.

##### **§ 18A:72B-25** "School" defined {#sec-18a-72b-25 omnilex-key=us-nj-statutes--title-18a--18A:72B-25}

1. As used in this act:

"School" means the Morehouse School of Medicine in Atlanta, Georgia.

##### **§ 18A:72B-26** Contract for acceptance of New Jersey residents {#sec-18a-72b-26 omnilex-key=us-nj-statutes--title-18a--18A:72B-26}

2. The State Treasurer is authorized to contract with the Morehouse School of Medicine for the acceptance of New Jersey residents to study medicine.

##### **§ 18A:72B-27** Eligibility {#sec-18a-72b-27 omnilex-key=us-nj-statutes--title-18a--18A:72B-27}

3. Commencing with the first year class to be admitted for the 1987-88 academic year, the treasurer shall contract with the school for the acceptance of two to four medical students. The students shall be residents of New Jersey who are from a disadvantaged or minority background and are certified as eligible by the treasurer. Admission of eligible applicants is based solely on academic merit.

##### **§ 18A:72B-28** Review of admissions procedures, records {#sec-18a-72b-28 omnilex-key=us-nj-statutes--title-18a--18A:72B-28}

4. The treasurer, at his discretion, shall periodically review the school's admissions procedures and records to determine if these procedures comply with the terms of the contract.

##### **§ 18A:72B-29** Financial assistance {#sec-18a-72b-29 omnilex-key=us-nj-statutes--title-18a--18A:72B-29}

Any student admitted to the school pursuant to this act is eligible for all financial assistance in the same manner as if the student is attending an institution of higher education in New Jersey.

##### **§ 18A:72B-30** $11,000 per year per student {#sec-18a-72b-30 omnilex-key=us-nj-statutes--title-18a--18A:72B-30}

6. The treasurer shall pay to the school $11,000.00 per year for each eligible student attending the school pursuant to this act, provided that the school charges the student only the tuition and fees required of resident students. Any showing of a discriminatory practice against a student admitted pursuant to this act in areas such as tuition, financial aid, the quality of instruction or housing or any other area is grounds for termination of the contract by the board.

##### **§ 18A:72B-31** Conditions {#sec-18a-72b-31 omnilex-key=us-nj-statutes--title-18a--18A:72B-31}

7. a. To be certified by the treasurer as eligible for admission to the school pursuant to this act, the applicant shall (1) be a resident of New Jersey for at least 12 months; and (2) enter into a written agreement to practice medicine for at least four years following the completion of training in an area of the State designated by the Commissioner of Health as one with a shortage of physicians.

b. No student admitted to the study of medicine at a medical school within this State shall be certified by the treasurer as eligible for admission to the school pursuant to this act.

c. Each agreement shall provide (1) that if the applicant fails to complete medical school, the applicant is liable to reimburse the treasurer for the amount paid to the school to support his education, plus interest in an amount equal to the current prevailing market rate; and (2) that if the applicant, upon licensure as a physician, fails to practice in the designated area for four years, the applicant is liable to reimburse the treasurer for the amount paid to the school to support his education, plus interest in an amount equal to twice the current prevailing market rate. The agreement shall also contain a clause under which the applicant consents to the exercise of jurisdiction over the cause of action by the courts of New Jersey and the execution of a judgment rendered by the New Jersey courts in any jurisdiction.

d. The treasurer may waive the requirement of reimbursement upon the death or disability of the individual.

##### **§ 18A:72B-32** Resident training program {#sec-18a-72b-32 omnilex-key=us-nj-statutes--title-18a--18A:72B-32}

8. The school, at a time agreed upon with the treasurer, shall implement a resident training program with a New Jersey hospital, if it is determined that an appropriate out-of-State training program is not available.

## **Chapter 72C** {#struct-chapter-72c}

##### **§ 18A:72C-1** Creation; location {#sec-18a-72c-1 omnilex-key=us-nj-statutes--title-18a--18A:72C-1}

There are hereby created three distinguished chairs which shall be known as Albert Einstein Chairs for Scholarly Studies. One chair shall be located at the Institute for Advanced Study; one shall be located at Rutgers, The State University and one shall be located at the New Jersey Institute of Technology.

##### **§ 18A:72C-2** Selection of scholars; tenure {#sec-18a-72c-2 omnilex-key=us-nj-statutes--title-18a--18A:72C-2}

2. Each institution awarded an Einstein Chair under this act shall select an outstanding scholar to fill the chair on such terms and conditions as may be agreed upon, within the appropriations provided for said chairs. Each person appointed to the Einstein Chair may be granted tenure on appointment.

##### **§ 18A:72C-3** Use of funds {#sec-18a-72c-3 omnilex-key=us-nj-statutes--title-18a--18A:72C-3}

An institution awarded an Einstein Chair may utilize funds appropriated under this act for the provision of equipment, supplies, clerical and research assistants and such other appropriate support as is necessary for the research conducted by the holder of the Einstein Chair.

## **Chapter 72E** {#struct-chapter-72e}

##### **§ 18A:72E-1** Richard J. Hughes Chair for Constitutional and Public Law Service, creation {#sec-18a-72e-1 omnilex-key=us-nj-statutes--title-18a--18A:72E-1}

There is created at the Seton Hall University School of Law a distinguished chair which shall be known as The Richard J. Hughes Chair for Constitutional and Public Law and Service.

##### **§ 18A:72E-2** Selection of scholar {#sec-18a-72e-2 omnilex-key=us-nj-statutes--title-18a--18A:72E-2}

2. Subject to available appropriations, Seton Hall shall select an outstanding scholar to fill the chair on such terms and conditions as may be agreed upon. The person appointed to the Hughes Chair may be granted tenure on appointment.

##### **§ 18A:72E-3** Support necessary for research conducted by holder of chair {#sec-18a-72e-3 omnilex-key=us-nj-statutes--title-18a--18A:72E-3}

Seton Hall University may utilize funds appropriated for the purposes of this act for the provision of equipment, supplies, clerical and research assistants and such other appropriate support as is necessary for the research conducted by the holder of the Hughes Chair, and for development and scholarly use of the Hughes Archives.

##### **§ 18A:72E-4** Inapplicability of prohibition of disbursements to denominational schools {#sec-18a-72e-4 omnilex-key=us-nj-statutes--title-18a--18A:72E-4}

The provisions of N.J.S. 18A:62-2 shall not be applicable to this act.

## **Chapter 72F** {#struct-chapter-72f}

##### **§ 18A:72F-1** Short title. {#sec-18a-72f-1 omnilex-key=us-nj-statutes--title-18a--18A:72F-1}

1. This act shall be known and may be cited as the "Minority Faculty Advancement Program Act."

##### **§ 18A:72F-2** Findings, declarations. {#sec-18a-72f-2 omnilex-key=us-nj-statutes--title-18a--18A:72F-2}

2. The Legislature finds and declares that:

a. Within New Jersey colleges and universities minority faculty members with doctoral degrees in certain academic disciplines, notably the physical and life sciences, engineering, mathematics, management, computer science, environmental sciences, and statistics, are underrepresented in comparison to nonminority faculty members with doctorates.

b. There is in the United States a serious shortage of minority doctoral degree graduates in the academic disciplines cited above from which New Jersey colleges and universities can recruit faculty members.

c. The colleges and universities in New Jersey currently face difficult problems in recruiting and retaining minority faculty members with doctoral degrees in the academic disciplines cited above.

d. Rutgers, The State University and the State colleges have cooperated in implementing a pilot program, the Minority Advancement Program in Teaching and Research, whereby eligible State college minority faculty members or other minorities admitted to the State university in a doctoral degree program in certain academic disciplines are provided grant, loan and other support opportunities to assist them in completing the academic degree requirements and to increase the pool of potential minority faculty members holding doctoral degrees.

##### **§ 18A:72F-3** Definitions relative to minority faculty advancement. {#sec-18a-72f-3 omnilex-key=us-nj-statutes--title-18a--18A:72F-3}

3. As used in this act:

a. "Eligible discipline" means an academic discipline in which minority individuals are underrepresented as determined by the Commission on Higher Education in consultation with the Board of Directors of the Educational Opportunity Fund and the New Jersey Presidents' Council.

b. "Faculty member" means any person employed full-time by a New Jersey college or university to perform primarily teaching, research, or administrative duties for 10 or more months per academic year.

c. "Minority" means any person who is a member of a racial-ethnic group that has been historically disadvantaged in obtaining access to equal educational opportunities.

d. "Program" means the Minority Faculty Advancement Program created pursuant to this act.

e. (Deleted by amendment, P.L.1999, c.46.)

f. "Eligible student participant" means a minority student enrolled in a doctoral degree program in an eligible discipline, as defined in this section, at any New Jersey college or university that qualifies for and agrees to participate in the program.

g. "New Jersey college or university" means any public or independent institution of higher education in the State licensed by the New Jersey Commission on Higher Education.

##### **§ 18A:72F-4** Minority Faculty Advancement Program. {#sec-18a-72f-4 omnilex-key=us-nj-statutes--title-18a--18A:72F-4}

4. a. There is established within the New Jersey Commission on Higher Education a Minority Faculty Advancement Program.

To increase the representation of doctorally trained minority faculty and administrators at New Jersey colleges and universities, the loan and loan redemption features of the Minority Faculty Advancement Loan and Loan Redemption Program, established pursuant to P.L.1984, c.189, shall be phased out and replaced by incentive hiring grants. Support, other than loans, for students participating in the program shall continue through campus assistance grants. The commission may enter into an agreement with another agency or entity to administer or provide services for this program.

b. To be eligible for a campus assistance grant, a New Jersey college or university shall enter into an agreement with the commission to provide support opportunities to eligible student participants. Support opportunities may include, but are not limited to: advising; mentoring; workshops and colloquia.

c. To be eligible for an incentive hiring grant, a New Jersey college or university shall enter into an agreement with the commission to provide loan redemption up to $40,000 per individual as a benefit to newly hired minority faculty or administrators with doctoral degrees, regardless of whether the doctorate was earned at an institution of higher education within or outside of the State. No more than $10,000 shall be redeemed for an individual for each year of service as a faculty member or administrator.

d. No student loans shall be originated or guaranteed under this program after the effective date of P.L.1999, c.46 (N.J.S.18A:71A-1 et al.), to any person not already the recipient of a student loan made or guaranteed under the Minority Faculty Advancement Loan and Loan Redemption Program, established pursuant to P.L.1984, c.189. The Higher Education Student Assistance Authority shall administer the loan and loan redemption components for persons participating prior to the effective date of P.L.1999, c.46 (N.J.S.18A:71A-1 et al.) until they have exhausted eligibility for such assistance.

##### **§ 18A:72F-5** Application procedure. {#sec-18a-72f-5 omnilex-key=us-nj-statutes--title-18a--18A:72F-5}

5. Eligible program participants who entered the program prior to the effective date of P.L.1999, c.46 (N.J.S.18A:71A-1 et al.), and who seek loans to finance their education shall apply for loans under the Federal Family Education Loan Program. In the event that these participants have borrowed the maximum permitted under the terms of this program but would otherwise be eligible borrowers under this program, they may apply for nonfederal direct loans in amounts not exceeding $10,000.00 per student annually which loans may be renewed for up to a maximum of four academic years for a total loan indebtedness not exceeding $40,000.00 per student. However, the amount of a nonfederal direct loan shall not exceed, in combination with other financial aid, the total educational costs of a participant attending a college or university participating in this program. Nonfederal direct loans will be evidenced by promissory notes and may be secured pursuant to forms established by the Higher Education Student Assistance Authority.

Nonfederal direct loans shall not bear interest or finance charges during the time a student is enrolled as a full-time student in the program or is engaged in approved redemption service pursuant to this act. Nonfederal direct loans shall become due and payable pursuant to section 8 of this act six months after graduation if no redemption contract is in effect, or six months after change to part-time student status, withdrawal from the program, or termination from full-time employment either as a faculty member at a New Jersey college or university or other qualified employment.

##### **§ 18A:72F-6** Loan redemption. {#sec-18a-72f-6 omnilex-key=us-nj-statutes--title-18a--18A:72F-6}

6. Nonfederal direct loans obtained pursuant to section 5 of this act and Federal Family Education Loans together with interest thereon secured after admission to the Minority Advancement Program may be redeemed by program participants who entered the program prior to the effective date of P.L.1999, c.46 (N.J.S.18A:71A-1 et al.), upon execution of a contract between the participant and the Higher Education Student Assistance Authority. The maximum loan redemption for program participants shall amount to cancellation of repayment for one-quarter of the eligible loan indebtedness in return for each full academic year of service as a faculty member in a New Jersey college or university for total cancellation of loan indebtedness for up to, but not to exceed, a maximum of $40,000.00 per student. In no event shall faculty service for less than the full academic year of each period of service entitle the participant to any benefits under the loan redemption conditions of the program. Prior to the annual redemption of loan indebtedness, participants in the program shall submit proof of faculty service to the Higher Education Student Assistance Authority.

##### **§ 18A:72F-7** Faculty service requirements. {#sec-18a-72f-7 omnilex-key=us-nj-statutes--title-18a--18A:72F-7}

7. Faculty service requirements for loan redemption purposes pursuant to section 6 of P.L.1984, c.189 (C.18A:72F-6) shall be satisfied at any New Jersey college or university.

##### **§ 18A:72F-8** Nullification of contract. {#sec-18a-72f-8 omnilex-key=us-nj-statutes--title-18a--18A:72F-8}

8. Program participants who entered the program prior to the effective date of P.L.1999, c.46 (N.J.S.18A:71A-1 et al.), and who have entered into redemption contracts with the Higher Education Student Assistance Authority may nullify their contracts by submitting written notification to the executive director of the authority and assuming full responsibility for repayment of principal and interest on the full amount of their nonfederal direct loans or that portion of the loans which has not been redeemed by the State in return for partial fulfillment of the contracts. The interest on the loans shall be at the prevailing rate established for the Federal Family Education Loan Program at the time the loans were made. The participant seeking to nullify the contract shall be required to repay the loan or the unredeemed portion thereof in not more than 10 years following the termination of the contract minus the years of service already performed under the contract. Repayments of nonfederal direct loans by participants who do not perform faculty service for redemption purposes may be used to provide future loans under the program, as determined by the executive director of the authority.

##### **§ 18A:72F-9** Nullification of service obligation. {#sec-18a-72f-9 omnilex-key=us-nj-statutes--title-18a--18A:72F-9}

9. In case of a program participant's death or total or permanent disability, the executive director of the Higher Education Student Assistance Authority shall nullify the service obligation of the student, thereby terminating the student's obligation to repay the unpaid balance of the redeemable portion of the loan and the accrued interest thereon, or where continued enforcement of the contract may result in extreme hardship, the executive director of the authority may nullify or suspend the service obligation of the student.

##### **§ 18A:72F-10** Periodic evaluation. {#sec-18a-72f-10 omnilex-key=us-nj-statutes--title-18a--18A:72F-10}

10. The impact of the program on the representation of New Jersey college and university minority faculty members with doctoral degrees in the designated disciplines shall be evaluated periodically by the Commission on Higher Education in consultation with the Board of Directors of the New Jersey Educational Opportunity Fund and the New Jersey Presidents' Council.

##### **§ 18A:72F-11** Rules, regulations. {#sec-18a-72f-11 omnilex-key=us-nj-statutes--title-18a--18A:72F-11}

11. The Commission on Higher Education shall promulgate such rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as are necessary to carry out the purposes of this act. Rules pertaining to loans and loan redemption pursuant to sections 5 through 9 of P.L.1984, c.189 (C.18A:72F-5 through 18A:72F-9) shall be promulgated by the Higher Education Student Assistance Authority.

##### **§ 18A:72F-13** Funds budgeted for "Minority Faculty Advancement Program Act." {#sec-18a-72f-13 omnilex-key=us-nj-statutes--title-18a--18A:72F-13}

18. In any fiscal year, the Commission on Higher Education shall include in its proposed budget for that year the amount identified by the authority needed to fund its responsibilities under the "Minority Faculty Advancement Program Act," as well as any amounts needed to fund commission responsibilities under the "Minority Faculty Advancement Program Act." Funding shall be subject to the amount of appropriations available therefor.

## **Chapter 72G** {#struct-chapter-72g}

##### **§ 18A:72G-1** Durant Chair {#sec-18a-72g-1 omnilex-key=us-nj-statutes--title-18a--18A:72G-1}

There is created at Saint Peter's College a distinguished chair which shall be known as the Will and Ariel Durant Chair in Humanities.

##### **§ 18A:72G-2** Selection of scholar {#sec-18a-72g-2 omnilex-key=us-nj-statutes--title-18a--18A:72G-2}

2. Saint Peter's College shall select an outstanding scholar to fill the chair on such terms and conditions as may be agreed upon, subject to available appropriations. The person appointed to the Durant Chair may be granted tenure on appointment.

##### **§ 18A:72G-3** Use of funds {#sec-18a-72g-3 omnilex-key=us-nj-statutes--title-18a--18A:72G-3}

Saint Peter's College may utilize funds appropriated for the purposes of this act for the provision of equipment, supplies, clerical and research assistants and such other appropriate support as is necessary for the research conducted by the holder of the Durant Chair.

## **Chapter 72H** {#struct-chapter-72h}

##### **§ 18A:72H-1** Short title {#sec-18a-72h-1 omnilex-key=us-nj-statutes--title-18a--18A:72H-1}

This act shall be known and may be cited as the "Higher Education Services for Visually Impaired, Auditorily Impaired and Learning Disabled Students Act."

##### **§ 18A:72H-2** Findings, declarations {#sec-18a-72h-2 omnilex-key=us-nj-statutes--title-18a--18A:72H-2}

The Legislature finds and declares that:

a. It is a fundamental aspiration of the people of New Jersey that individuals are afforded the opportunity to be educated to an extent consistent with their potential and desire;

b. Accordingly, it is an appropriate act of State government, in furtherance of this aspiration, to make available appropriate support services to those individuals who are able to attend college by virtue of their potential and desire, but whose educational progress and success is hampered by conditions of visual impairment, auditory impairment or a specific learning disability; and

c. It is the intent and purpose of the Legislature that the implementation of this act shall significantly improve the access to, and appropriate supportive services for, college education in the State for individuals with a specific learning disability, visual impairment or auditory impairment who are otherwise able to attend college; and it is reasonably anticipated that, in addition to the primary benefits accruing to individuals who receive direct services, the implementation of this act will produce significant benefits in New Jersey for all handicapped individuals, including increasing the understanding of handicapping conditions, promoting research and development of techniques and approaches to offset handicapping conditions, and providing for the integration of comprehensive supportive services in institutions of higher education.

##### **§ 18A:72H-3** Definitions. {#sec-18a-72h-3 omnilex-key=us-nj-statutes--title-18a--18A:72H-3}

3. As used in this act:

a. "Auditory impairment" means an inability to hear within normal limits due to a physical impairment or dysfunction of auditory mechanisms characterized by: (i) deafness, (ii) hearing impairment, (iii) hardness of hearing, or (iv) deaf-blindness. "Deaf" means an auditory impairment is so severe that the individual does not process linguistic information through hearing, with or without amplification, and the student's educational performance is adversely affected. "Hearing impairment" means an impairment in hearing, whether permanent or fluctuating, which adversely affects the individual's educational performance. "Deaf-blind" means concomitant hearing and visual disabilities, the combination of which causes such severe communication and other developmental and educational needs that the child cannot be accommodated in special education programs solely for children with deafness or children with blindness.

b. "Competent authority" means any doctor of medicine or any doctor of osteopathy licensed to practice medicine and surgery in this State.

c. (Deleted by amendment, P.L.1994, c.48).

d. "Eligible student" means any student admitted to a public or independent institution of higher education who has a visual impairment, auditory impairment or specific learning disability within guidelines established by the Commission on Higher Education pursuant to regulations promulgated under P.L.1985, c.493 (C.18A:72H-1 et seq.).

e. "Independent institution of higher education" means a college or university incorporated and located in New Jersey, which by virtue of law or character or license is a nonprofit educational institution authorized to grant academic degrees and which provides a level of education which is equivalent to the education provided by the State's public institutions of higher education, as attested by the receipt of and continuation of regional accreditation by the Middle States Association of Colleges and Schools, and which is eligible to receive State aid under the provisions of the Constitution of the United States and the Constitution of the State of New Jersey, but does not include any educational institution dedicated primarily to the education or training of ministers, priests, rabbis or other professional persons in the field of religion.

f. "Learning disability" means a significant barrier to learning caused by a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself as a disability that affects the ability to listen, think, speak, read, write, spell, or do mathematical calculations. The disorder includes conditions such as perceptual disability, brain injury, attention deficit hyperactivity disorder, dyslexia, and developmental aphasia. This term shall not include learning problems which are primarily the result of visual, hearing, or motor disabilities, intellectual disabilities, emotional disturbances, or environmental, cultural, or economic disadvantage.

g. "Program" means the Higher Education Services Program for Students with Visual Impairments, Auditory Impairments, and Learning Disabilities established pursuant to this act.

h. "Public institution of higher education" means Rutgers, The State University, the New Jersey Institute of Technology, Rowan University, Montclair State University, Kean University, the State colleges and the county colleges.

i. "Support services" or "supportive services" means services that assist eligible students in obtaining a college education and include, but are not limited to, interpreters, note takers, and tutors.

j. "Visual impairment" means when an individual's better eye with correction does not exceed 20/200 or where there is a field defect in the better eye in which the diameter of the field is no greater than 20 degrees.

##### **§ 18A:72H-4** Higher Education Services for Visually Impaired, Auditorily and Learning Disabled Students Program {#sec-18a-72h-4 omnilex-key=us-nj-statutes--title-18a--18A:72H-4}

4. There is established a Higher Education Services for Visually Impaired, Auditorily and Learning Disabled Students Program within the Commission on Higher Education. The program shall provide appropriate support services for eligible students attending a public or independent institution of higher education within the State and promote research and development of techniques and approaches to offset handicapping conditions. All appropriate public and private groups, organizations and agencies shall be consulted in preparing programs and services for these students.

##### **§ 18A:72H-5** Documentation required {#sec-18a-72h-5 omnilex-key=us-nj-statutes--title-18a--18A:72H-5}

In order for a learning disabled student to qualify as an eligible student, the student shall submit to the department documentation by a competent authority of the learning disability and that it results from organic dysfunction. The authority may consult with colleagues in associated disciplines in order to prepare the documentation.

##### **§ 18A:72H-6** Duties of commission. {#sec-18a-72h-6 omnilex-key=us-nj-statutes--title-18a--18A:72H-6}

6. The Commission on Higher Education shall:

a. Enter into agreements with any individual, agency, or public or independent institution of higher education in this State, under which the individual, agency, or institution shall undertake to provide direct support services to eligible students, provided these services do not duplicate or replace any services for which these students are currently eligible.

b. Enter into contractual agreements with any public or independent institution of higher education to establish and maintain within that institution offices to facilitate the provision and coordination of support services to eligible students.

c. Authorize the payment to those individuals, agencies, and institutions as set forth in subsections a. and b. of this section of funds appropriated or otherwise made available to the department under this act or any other law, or from any other lawful source.

d. Assess, evaluate, and review the extent of the visual or auditory impairments or the learning disabilities which shall qualify students for eligibility for services pursuant to the regulations promulgated under this act.

e. Develop and coordinate a comprehensive support plan for eligible students specifying the needs of the eligible students.

f. Provide the supportive services outlined in the support plan, directly or through contractual agreements with individuals, institutions, agencies, and others, as appropriate.

g. Foster awareness of, and sensitivity to, the students' disabilities through seminars, presentations, bulletins, and other activities for instructional, administrative and other staff of public and independent higher educational institutions.

h. Encourage and facilitate the use of a variety of instructional materials and methods by disseminating to professional staff of public and independent institutions of higher education information on techniques, materials, and sources relating to curricular specialities.

i. Annually review and report to the Governor and the State Legislature on the services and activities funded by the department each year under this act.

##### **§ 18A:72H-7** Advisory board. {#sec-18a-72h-7 omnilex-key=us-nj-statutes--title-18a--18A:72H-7}

7. To assist in fulfilling the duties and responsibilities relating to this act, the commission shall appoint an advisory board, which shall be broadly representative of those individuals and organizations having an active interest in, and academic or practical knowledge and experience in, the abilities and needs of students with visual impairments, auditory impairments, and learning disabilities; the methods and techniques of evaluation of the disabling conditions and curricular support development, including, without limitation, representatives from professional organizations, parent/student organizations, institutional administrations, academic personnel, student personnel services staff, and students. A representative from the Departments of Labor and Workforce Development and Human Services shall serve on the advisory board.

##### **§ 18A:72H-8** Rules, regulations {#sec-18a-72h-8 omnilex-key=us-nj-statutes--title-18a--18A:72H-8}

8. The commission shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to implement the provisions of this act.

##### **§ 18A:72H-9** Use of funds {#sec-18a-72h-9 omnilex-key=us-nj-statutes--title-18a--18A:72H-9}

If in any fiscal year, the funds made available under this act are not sufficient to fully fund all services and activities required pursuant to this act, the department shall utilize the available funds in such a manner and for such purposes as it determines will best meet the needs of eligible students under this act.

## **Chapter 72I** {#struct-chapter-72i}

##### **§ 18A:72I-1** Wallenberg professorship {#sec-18a-72i-1 omnilex-key=us-nj-statutes--title-18a--18A:72I-1}

There is created at Rutgers, The State University within the Department of History a distinguished visiting professorship which shall be known as the Raoul Wallenberg Visiting Professorship in Human Rights.

##### **§ 18A:72I-2** Selection by Rutgers {#sec-18a-72i-2 omnilex-key=us-nj-statutes--title-18a--18A:72I-2}

Rutgers, The State University shall select an outstanding individual whose scholarship, teaching and public service reflect the humanitarian ideals of Raoul Wallenberg to serve as the Raoul Wallenberg Visiting Professor. The university may establish the terms of employment but no individual may serve as the Raoul Wallenberg Visiting Professor for a period greater than 24 months.

##### **§ 18A:72I-3** Use of funds {#sec-18a-72i-3 omnilex-key=us-nj-statutes--title-18a--18A:72I-3}

Rutgers, The State University may utilize funds appropriated for the purposes of this act for the provision of equipment, supplies, clerical and research assistants and other support for the Raoul Wallenberg Visiting Professor.

## **Chapter 72J** {#struct-chapter-72j}

##### **§ 18A:72J-1** Short title {#sec-18a-72j-1 omnilex-key=us-nj-statutes--title-18a--18A:72J-1}

This act shall be known and may be cited as the "Martin Luther King Physician-Dentist Scholarship Act of 1986."

##### **§ 18A:72J-2** Martin Luther King Physician-Dentist Scholarships. {#sec-18a-72j-2 omnilex-key=us-nj-statutes--title-18a--18A:72J-2}

2. There are created the Martin Luther King Physician-Dentist Scholarships which shall be maintained by the State and awarded and administered pursuant to this act to students from disadvantaged or minority backgrounds enrolled in the Rutgers University School of Dentistry.

##### **§ 18A:72J-3** Annual scholarships {#sec-18a-72j-3 omnilex-key=us-nj-statutes--title-18a--18A:72J-3}

A Martin Luther King Physician-Dentist Scholarship shall be awarded annually by the board of directors of the New Jersey Educational Opportunity Fund to 15 New Jersey medical and dental students from disadvantaged or minority backgrounds selected by the university in which the student is enrolled.

##### **§ 18A:72J-4** Requirements {#sec-18a-72j-4 omnilex-key=us-nj-statutes--title-18a--18A:72J-4}

No person shall be awarded a Martin Luther King Physician-Dentist Scholarship unless:

a. The person has been a resident of New Jersey for a period of not less than two years immediately prior to receiving the scholarship;

b. The person has demonstrated financial need for the scholarship in accordance with standards to be established by the board of directors of the New Jersey Educational Opportunity Fund;

c. The person has demonstrated high moral character, good citizenship, and dedication to American ideals; and

d. The person has complied with all rules and regulations adopted pursuant to this act by the board of directors of the New Jersey Educational Opportunity Fund for the award, regulation and administration of the scholarship.

##### **§ 18A:72J-5** Amount of scholarship {#sec-18a-72j-5 omnilex-key=us-nj-statutes--title-18a--18A:72J-5}

The amount of a Martin Luther King Physician-Dentist Scholarship shall be established by the board of directors of the New Jersey Educational Opportunity Fund but shall not exceed the maximum amount of tuition charged at the university in which the student is enrolled.

##### **§ 18A:72J-6** Renewal {#sec-18a-72j-6 omnilex-key=us-nj-statutes--title-18a--18A:72J-6}

Each Martin Luther King Physician-Dentist Scholarship shall be renewable annually for up to four years except that each scholarship shall remain in effect only if the holder of the scholarship continues to have financial need, achieves satisfactory academic progress as defined by the institution, continues to meet the eligibility criteria and guidelines established by the board of directors of the New Jersey Educational Opportunity Fund, and is regularly enrolled as a full-time student.

##### **§ 18A:72J-7** Rules, regulations {#sec-18a-72j-7 omnilex-key=us-nj-statutes--title-18a--18A:72J-7}

The board of directors of the New Jersey Educational Opportunity Fund shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) necessary to effectuate the purposes of this act.

## **Chapter 72K** {#struct-chapter-72k}

##### **§ 18A:72K-1** Chair in Women's Studies {#sec-18a-72k-1 omnilex-key=us-nj-statutes--title-18a--18A:72K-1}

There is created at Douglass College at Rutgers, The State University a distinguished chair which shall be known as the Chair in Women's Studies.

##### **§ 18A:72K-2** Selection of scholar {#sec-18a-72k-2 omnilex-key=us-nj-statutes--title-18a--18A:72K-2}

2. Douglass College shall select a distinguished scholar to fill the chair for a term of up to two years upon such terms and conditions as may be agreed upon subject to available appropriations. The purpose of the chair shall be to fund research, teaching and lectures in Women's Studies by an outstanding scholar at Douglass College.

##### **§ 18A:72K-3** Use of funds {#sec-18a-72k-3 omnilex-key=us-nj-statutes--title-18a--18A:72K-3}

Douglass College may utilize funds appropriated for the purpose of this act for the provision of equipment, supplies, clerical and research assistants and such other appropriate support as is necessary for the research conducted by the holder of the Women's Studies Chair.

## **Chapter 72L** {#struct-chapter-72l}

##### **§ 18A:72L-1** Millicent Fenwick Research Professorship in Education and Public Issues {#sec-18a-72l-1 omnilex-key=us-nj-statutes--title-18a--18A:72L-1}

1. There is established at Monmouth College a distinguished professorship which shall be known as the Millicent Fenwick Research Professorship in Education and Public Issues.

##### **§ 18A:72L-2** Monmouth College to select professor {#sec-18a-72l-2 omnilex-key=us-nj-statutes--title-18a--18A:72L-2}

2. Monmouth College shall select the individuals to fill the professorship for such periods of time and upon such terms and conditions as may be agreed upon, subject to available appropriations. The incumbent of the research professorship shall devote his or her time to teaching, active research, educational policy analysis, program development and public service.

## **Chapter 72M** {#struct-chapter-72m}

##### **§ 18A:72M-1** Definitions. {#sec-18a-72m-1 omnilex-key=us-nj-statutes--title-18a--18A:72M-1}

1. As used in this act:

"Eligible discipline" means an academic discipline in which minority individuals are underrepresented as determined by the Commission on Higher Education in consultation with the Board of Directors of the Educational Opportunity Fund and the New Jersey Presidents' Council.

"Minority" means any person who is a member of a racial-ethnic group that has been historically disadvantaged in obtaining access to equal educational opportunities.

"Program" means the Minority Undergraduate Fellowship Program established pursuant to this act.

##### **§ 18A:72M-2** Minority Undergraduate Fellowship Program. {#sec-18a-72m-2 omnilex-key=us-nj-statutes--title-18a--18A:72M-2}

2. There is established a Minority Undergraduate Fellowship Program within the Commission on Higher Education. The purpose of the program is to identify academically talented minority undergraduate students who may be interested in pursuing an academic career in an eligible discipline at a public or independent institution of higher education within the State, and to provide such students with the institutional and faculty support necessary to assist them in reaching that goal. The commission may enter into an agreement with another agency or entity to administer or provide services for this program.

##### **§ 18A:72M-3** Procedures to select fellows in the program, advisor duties. {#sec-18a-72m-3 omnilex-key=us-nj-statutes--title-18a--18A:72M-3}

3. The Commission on Higher Education shall establish policies and procedures for the nomination and selection as program fellows of academically talented minority undergraduate students who are in their junior year of study at a public or independent college or university within the State. Upon the selection of program fellows, the institution in which each student who is selected is enrolled shall assign to the student a faculty advisor who shall do the following:

a. Supervise a research project conducted by the fellow during the junior year or actively involve the student in a project which the advisor is conducting;

b. Supervise the fellow as an undergraduate teaching assistant in the fellow's senior year of study;

c. Accompany the fellow to the annual meeting of the professional association of the fellow's academic discipline; and

d. Assist the fellow in the selection of a graduate or professional school.

##### **§ 18A:72M-4** Stipends. {#sec-18a-72m-4 omnilex-key=us-nj-statutes--title-18a--18A:72M-4}

4. Each fellow shall receive a stipend in the amount of $1,000 per semester during the senior year of study and an amount not to exceed $500.00 for travel expenses. Each faculty advisor shall receive a stipend in the amount of $500.00 per semester for two semesters.

##### **§ 18A:72M-5** Evaluation of program. {#sec-18a-72m-5 omnilex-key=us-nj-statutes--title-18a--18A:72M-5}

5. The Commission on Higher Education in consultation with the Board of Directors of the New Jersey Educational Opportunity Fund and the New Jersey Presidents' Council shall periodically evaluate the impact of the program.

##### **§ 18A:72M-6** Rules, regulations. {#sec-18a-72m-6 omnilex-key=us-nj-statutes--title-18a--18A:72M-6}

6. The Commission on Higher Education shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the purposes of this act.

##### **§ 18A:72M-7** Use of Minority Faculty Advancement Program funding. {#sec-18a-72m-7 omnilex-key=us-nj-statutes--title-18a--18A:72M-7}

7. The commission may utilize funding received under the "Minority Faculty Advancement Program Act," P.L.1984, c.189 (C.18A:72F-1 et seq.) in making payments under this act.

## **Chapter 72N** {#struct-chapter-72n}

##### **§ 18A:72N-1** Senator Wynona Lipman Chair in Women's Political Leadership. {#sec-18a-72n-1 omnilex-key=us-nj-statutes--title-18a--18A:72N-1}

1. There is established at the Center for the American Woman and Politics at the Eagleton Institute of Politics at Rutgers, The State University, a distinguished chair which shall be known as the Senator Wynona Lipman Chair in Women's Political Leadership. The chair shall be a permanent faculty chair which shall be initially held on a rotating basis by a scholar or practitioner who is involved in issues related to the development of political leadership.

##### **§ 18A:72N-2** Selection of scholar, practitioner to fill chair. {#sec-18a-72n-2 omnilex-key=us-nj-statutes--title-18a--18A:72N-2}

2. Subject to available appropriations, the Center for the American Woman and Politics at the Eagleton Institute of Politics at Rutgers, The State University shall select an outstanding scholar or practitioner to fill the chair under such terms and conditions as may be agreed upon.

##### **§ 18A:72N-3** Utilization of funds appropriated. {#sec-18a-72n-3 omnilex-key=us-nj-statutes--title-18a--18A:72N-3}

3. The Center for the American Woman and Politics at the Eagleton Institute of Politics at Rutgers, The State University may utilize funds appropriated for the purposes of this act for the provision of equipment, supplies, clerical and research assistants and such other appropriate support as is necessary for the holder of the chair.

## **Chapter 72P** {#struct-chapter-72p}

##### **§ 18A:72P-1** New Jersey Advisory Council on Youth and Collegiate Affairs. {#sec-18a-72p-1 omnilex-key=us-nj-statutes--title-18a--18A:72P-1}

1. a. There is established the New Jersey Advisory Council on Youth and Collegiate Affairs in the Department of Education.

b. The advisory council shall be under the immediate oversight of the Director of Youth and Collegiate Affairs, who shall be qualified to direct the work of the council. The director shall be appointed by, and shall serve at the pleasure of, the Governor.

c. The purpose of the advisory council shall be to:

(1) act as the advisory body on youth and collegiate affairs to the Legislature and State departments, agencies, commissions, authorities, and private agencies that provide services to, or are charged with the care of, children and young adults; and

(2) review, monitor, report, and make recommendations on issues relating to school-aged children and students attending a public or independent institution of higher education in the State.

d. The advisory council shall consist of 17 members as follows:

(1) eight public members to be appointed by the Governor, who shall include: a representative of Advocates for Children of New Jersey; a representative of the New Jersey Community College Consortium for Workforce and Economic Development; a representative of New Jersey PTA; a school teacher certified by the State Board of Examiners; a school guidance counselor; and three persons who are a parent of a student attending a middle school, or a high school, or a public or independent institution of higher education in this State, respectively; and

(2) nine public members to be selected by the director of the advisory council pursuant to section 2 of this act. The director shall select three public members from each of the northern, central, and southern regions of the State.

e. Vacancies in the membership of the advisory council shall be filled in the same manner provided for the original appointments. The public members of the council shall serve without compensation but may be reimbursed for traveling and other miscellaneous expenses necessary to perform their duties within the limits of funds made available to the council for its purposes.

f. The advisory council shall organize as soon as practicable but no later than 60 days following the appointment of its members and shall select a chairperson and vice-chairperson from among the members. The chairperson shall appoint a secretary who need not be a member of the council.

g. The advisory council may meet at the call of its chair and hold hearings at the times and in the places it deems appropriate and necessary to fulfill its charge. The council shall be entitled to call to its assistance, and avail itself of the services of the employees of, any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available to it for its purposes.

h. The advisory council may seek the advice of experts, such as persons specializing in the field of education, human services, economic development, or workforce development, or other related fields, as deemed appropriate by the membership of the council.

i. The Department of Education shall provide staff services to the council.

##### **§ 18A:72P-2** Eligibility for public membership. {#sec-18a-72p-2 omnilex-key=us-nj-statutes--title-18a--18A:72P-2}

2. a. A person shall be eligible to be selected as a public member of the New Jersey Advisory Council on Youth and Collegiate Affairs, pursuant to paragraph (2) of subsection d. of section 1 of this act, if the person:

(1) is at least 14, but no more than 22, years of age;

(2) has been a resident of New Jersey for a period of at least two years immediately prior to applying for membership on the advisory council;

(3) is a student at a middle school or high school in the State, or is enrolled as an undergraduate in good standing at, or graduated from, a public or independent institution of higher education in the State; and

(4) demonstrates, to the satisfaction of the director of the advisory council, high moral character, good citizenship, and leadership skills.

b. A person who meets the eligibility requirements listed in this section may apply to the director to become a public member of the advisory council on a form and in a manner prescribed by the director.

c. Upon receipt of an application, the director shall review the application, and, if the applicant meets the eligibility requirements, may consider selecting the applicant as a public member of the advisory council.

d. The director shall select an applicant to become a public member of the advisory council based on the applicant's understanding of the responsibilities of the advisory council and general interest in becoming a member of the advisory council.

e. The process by which the director selects each applicant for public membership to the advisory council shall be designed to ensure diversity with respect to race, ethnicity, national origin, religion, gender, disability, sexual orientation, and political affiliation, to the maximum extent practicable, and the representation of a cross section of middle schools, high schools, and public or independent institutions of higher education located in urban, suburban, and rural areas of the State.

##### **§ 18A:72P-3** Duties of the council. {#sec-18a-72p-3 omnilex-key=us-nj-statutes--title-18a--18A:72P-3}

3. The advisory council shall:

a. examine issues related to school-aged children and students attending public or independent institutions of higher education in the State, including, but not limited to, education, employment, strategies to promote the involvement of children and young adults in government affairs, the accessibility of government services by children and young adults, and substance use disorder prevention, intervention, treatment, and rehabilitation;

b. support existing, and develop new, Statewide initiatives relating to school-aged children and students attending public or independent institutions of higher education in the State;

c. develop and foster partnerships among federal, State, and local government entities, members of the educational community, private, nonprofit, and volunteer agencies, community-based organizations, private foundations, and representatives of the business community that provide services to, administer programs for, or mentor school-aged children and students attending public or independent institutions of higher education in the State, so as to enable them to better coordinate and improve the effectiveness of these services and programs; and

d. train advisory council members to serve as ambassadors to school-aged children and students attending public or independent institutions of higher education in the State to encourage their participation in civic enrichment activities.

##### **§ 18A:72P-4** Report to Governor, Legislature. {#sec-18a-72p-4 omnilex-key=us-nj-statutes--title-18a--18A:72P-4}

4. The advisory council shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), by December 31st of each year, on the activities of the advisory council and its findings and recommendations regarding issues relating to school-aged children and students attending public or independent institutions of higher education in the State.

##### **§ 18A:72P-5** Rules, regulations. {#sec-18a-72p-5 omnilex-key=us-nj-statutes--title-18a--18A:72P-5}

5. The State Board of Education, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary to effectuate the purposes of this act.

## **Chapter 73** {#struct-chapter-73}

##### **§ 18A:73-20** New Jersey State Museum under control of the Division of the State Museum. {#sec-18a-73-20 omnilex-key=us-nj-statutes--title-18a--18A:73-20}

The New Jersey State Museum, including all of its collections and exhibits, shall be under the control and management of the Division of the State Museum in the Department of State, established pursuant to section 2 of P.L.2015, c.81 (C.52:16A-113).

##### **§ 18A:73-20.2** Findings, declarations {#sec-18a-73-20.2 omnilex-key=us-nj-statutes--title-18a--18A:73-20.2}

The Legislature finds and declares that:

a. The Medal of Honor, instituted in 1861 for the Navy and in 1862 for the Army, is awarded by the Congress to members of the United States Armed Forces for "conspicuous gallantry and intrepidity at the risk of life, above and beyond the call of duty, in action involving actual conflict with an opposing armed force."

b. Since this great honor was established, only 3,412 such medals have been awarded to deserving members of the armed forces for extremely heroic acts which typically involve suffering severe wounds or death, making this the highest decoration given by the United States Government.

c. Eight men from New Jersey received this outstanding honor for their conspicuous bravery in World War II, the Korean Conflict or the Vietnam Conflict.

d. It is fitting and proper that this State honor these exemplary men and keep alive for future generations of New Jersey residents the story of their heroic bravery.

##### **§ 18A:73-20.3** New Jersey State Museum to collect Medals of Honor and related memorabilia {#sec-18a-73-20.3 omnilex-key=us-nj-statutes--title-18a--18A:73-20.3}

a. The New Jersey State Museum, in cooperation with the Department of Military and Veterans' Affairs, shall develop and implement a program to collect Medals of Honor and appropriate memorabilia related to the awarding of the medals from those persons, or the relatives or friends of those persons, who have been awarded the medal since its establishment and who at one time resided or continue to reside in New Jersey.

b. The medals and memorabilia related to the awarding of the medals shall be collected from the owners of those materials on a voluntary basis.

c. The museum is directed to record, document and preserve the collection and to make it accessible through a long-term interpretive exhibition which will include portions of the collection shown on a rotating basis.

##### **§ 18A:73-21** Preamble, purpose of article {#sec-18a-73-21 omnilex-key=us-nj-statutes--title-18a--18A:73-21}

The legislature finds that:

(a) The public pride in the history of New Jersey generated by temporary historical commissions, especially the civil war centennial commission and the tercentenary commission has proved to be effective in providing a direct link and close association between the state government and New Jersey citizens of all ages, occupations and social backgrounds which warrants continuation by a permanent agency to promote the activities of various state agencies, educational institutions, historic, civic and patriotic societies and libraries concerned with New Jersey history; and

(b) Important research and publishing ventures have recently been launched under state auspices and great public interest in historic sites has been inspired by the work of the historic sites section of the department of conservation and economic development and there is foreseen a need for continued promotion of the state's rich historical heritage through additional commemorative projects and publications; and

(c) Recently enacted legislation (HR 6237) provides generous federal grants for qualified state historical agencies with qualified publication programs; and

(d) There is foreseen a growing commitment to the teaching and interpretation of New Jersey history in the schools; and

(e) It is the obligation of state government to inspire pride of citizenship in New Jersey, one of the 13 original states.

##### **§ 18A:73-22** Membership of New Jersey Historical Commission {#sec-18a-73-22 omnilex-key=us-nj-statutes--title-18a--18A:73-22}

There is hereby established in the Department of State, a division called the New Jersey Historical Commission to be composed of 17 members as follows:

(a) The Secretary of State, the State Librarian and the Chief of the Office of New Jersey Heritage in the Department of Environmental Protection, or their designees, who shall serve ex officio; and

(b) Ten citizens of the State to be appointed by the Governor with the advice and consent of the Senate, all of whom shall be chosen by reason of their expertise in New Jersey history and qualified by academic achievement or professional affiliation, who shall serve for terms of three years and until the appointment and qualification of their successors except that of the members first appointed two shall be appointed for terms of one year, two for terms of two years and two for terms of three years. Of the four members first appointed pursuant to this amendatory act, one shall be appointed for a term of one year, one shall be appointed for a term of two years and two shall be appointed for a term of three years. Public members of the commission shall be selected so as to provide a balanced representation of the various geographic regions of the State.

(c) Two members of the Senate to be appointed by the President thereof, and two members of the General Assembly to be appointed by the Speaker thereof. No more than one of the Senate and Assembly members shall be members of the same political party. Anyone appointed pursuant to this subsection shall serve as a member of the commission until the expiration of his term as Senator or Assemblyman, as the case may be, during which he was appointed.

##### **§ 18A:73-22.1** Findings, declarations relative to support of activities in New Jersey history {#sec-18a-73-22.1 omnilex-key=us-nj-statutes--title-18a--18A:73-22.1}

1. The Legislature finds and declares that:

a. The Task Force on New Jersey History was established pursuant to P.L.1994, c.146 to study the ways history services are delivered to the people of this State and to make recommendations for improvements in the delivery of such services;

b. The Task Force conducted a detailed and comprehensive study and submitted its report to the Legislature and the Governor in June of 1997;

c. The report includes 36 recommendations for ways to strengthen the structure and function of agencies and organizations that provide New Jersey history services to the public;

d. In combination with other recent studies of aspects of New Jersey history and the cultural life of New Jersey, the Task Force's report provides indisputable proof that New Jersey's program of history services has suffered for many years from severe underfunding, especially in comparison with funding provided to other cultural interests in the State and to history services in other states; and

e. This underfunding has resulted in deteriorating historic sites and collections of historical artifacts and materials; inadequate education of collections management personnel in the techniques of collection preservation; inadequate training of volunteers who staff historic sites; insufficient research and publication on New Jersey history; inadequate maintenance and interpretation of State-owned and other historic sites; and low levels of innovation in and support of the tourism industry on New Jersey's heritage.

The Legislature therefore deems it necessary that the residents of a democratic and increasingly diverse society such as the State of New Jersey be provided with greater access to the materials of their history in order to understand how our society developed and to safeguard its continued free and open evolution; and that increased funding for history services is needed so that the agencies and organizations that provide these services can provide them more adequately to the people of New Jersey and their historical institutions.

##### **§ 18A:73-22.2** Definitions relative to support of activities in New Jersey history {#sec-18a-73-22.2 omnilex-key=us-nj-statutes--title-18a--18A:73-22.2}

2. For the purposes of this act:

"General operating support" means support for expenses incurred in categories such as, but not limited to: wages, salaries and fringe benefits; insurance; utilities; installation and maintenance of appropriate environmental conditions in which to maintain collections; facility and equipment leases and rentals; facility maintenance; materials, supplies, and equipment; and staff training in museum operations, collections acquisition and maintenance, or management, exhibition, and presentation of educational programs for the public by historical agencies, organizations or entities;

"Historic site" means a structure or a site associated with the history of New Jersey that is on the State or National Register of Historic Places, or is eligible for placement on the State or national register, and that is owned or administered by a not-for-profit organization or by an agency of county or local government;

"Historical society" or "historical library"or "history museum" means a not-for-profit organization or an agency of county or local government that, within a museum or library environment, houses collections of New Jersey historical materials, presents historical collections to the public in the form of exhibitions or educational programs, and makes such collections available to the public for research; and

"Related agency or organization" means a not-for-profit entity that performs functions similar to those carried out by history museums, historic sites, historical societies, historical libraries, or historical agencies of local or county government for the purpose of providing history services, and that adheres to the same standards of performance as those museums, libraries, sites, societies or agencies, although its primary mission may not be the provision of New Jersey history services to the public.

##### **§ 18A:73-22.3** Establishment of programs {#sec-18a-73-22.3 omnilex-key=us-nj-statutes--title-18a--18A:73-22.3}

3. a. The New Jersey Historical Commission within the Department of State shall establish:

(1) A program for the purpose of awarding grants from the fund established pursuant to subsection a. of section 4 of this act for general operating support to public or private historical libraries, history museums, historical societies, historic sites, historical agencies of county or local governments, or any related agency or organization; and

(2) A program for the purpose of awarding grants from the fund established pursuant to subsection a. of section 4 of this act to organizations, entities or individuals in support of research and publication on New Jersey history.

b. (1) The commission shall develop guidelines and criteria for each program established pursuant to subsection a. of this section. The guidelines and criteria shall include, but not be limited to: eligibility requirements for applicants; conditions under which applications will be approved; conditions which may be required to be met by approved applicants; forms for applications; application contents; an application acceptance and review process; the manner of awarding of monies to approved applicants; and oversight or accountability for the expenditure of monies awarded to approved applicants. The commission shall establish program guidelines and criteria and advertise the programs in such a way as to develop a pool of applicants that reflects the racial, ethnic, and geographical diversity of the State.

(2) The commission shall develop the guidelines and criteria for each program utilizing the definitions set forth in section 2 of this act and in consultation with: Advocates for New Jersey History; New Jersey State Archives; Association of New Jersey County Cultural and Historic Agencies; Division of Parks and Forestry, Department of Environmental Protection; Genealogical Society of New Jersey; Historic Preservation Office, Department of Environmental Protection; League of Historical Societies of New Jersey; Newark Public Library; New Jersey Association of Museums; New Jersey Caucus, Mid-Atlantic Regional Archives Conference; New Jersey Council for the Humanities; New Jersey Council for the Social Studies; New Jersey Historic Trust; New Jersey Historical Society; New Jersey Library Association; New Jersey State Library; New Jersey State Museum; New Jersey Studies Academic Alliance; Northern New Jersey Museum Round Table; Preservation New Jersey; and Special Collections and University Archives, Rutgers University Libraries. In addition, the commission shall consult with at least three historians distinguished by their knowledge of New Jersey history and their record of publication in the field in developing the guidelines and criteria for the program established pursuant to paragraph (2) of subsection a. of this section.

c. (1) All applications received by the commission for grants to be awarded under the programs established pursuant to this section shall be reviewed and evaluated by a panel of reviewers selected by the commission. A separate panel of reviewers shall be selected for each program. The commission shall identify a pool of potential panel reviewers for each program and shall select from that pool the panel for each program to review the applications received for the program. Each panel shall be composed of persons who are experts in the area for which the program provides support. The panel of reviewers for each program shall evaluate each application received for a grant to be awarded under the program and make recommendations to the commission.

(2) The commission shall make the final decision on each application received, taking into consideration the recommendations of the panel of reviewers. The commission, may within its discretion, offer an approved applicant an award amount less than the amount requested by the applicant.

d. (1) The commission shall inform the public about the programs established pursuant to subsection a. of this section in a manner determined by the commission to result in as wide a dissemination of information as possible within the limits of monies available to the commission for this purpose. The commission may utilize such methods for the dissemination of information as may be available to State agencies for the dissemination of information on other such programs.

(2) At the request of the applicant, the commission shall provide advice, in any manner the commission deems appropriate, to interested applicants on the preparation of their applications.

##### **§ 18A:73-22.4** Establishment of fund, uses {#sec-18a-73-22.4 omnilex-key=us-nj-statutes--title-18a--18A:73-22.4}

4. a. There is hereby established within the Department of State a revolving, nonlapsing fund which shall be credited with the monies appropriated in section 5 of this act and such other monies as may be appropriated or made available to the New Jersey Historical Commission for the purposes of the programs established pursuant to subsection a. of section 3 of this act. The fund shall be administered by the Secretary of State and all disbursements from the fund shall be made by the secretary at the request of the commission. Disbursements from the fund shall be solely for the purposes of the programs established in subsection a. of section 3 of this act and disbursements for a program shall be made from the separate account in the fund created for the purposes of that program. Any interest that shall accrue on the monies in the fund shall be credited to the fund, and to each separate account within the fund as determined by the secretary.

b. The secretary shall create two separate accounts within the fund. The first of the accounts shall be credited with the monies appropriated or made available for the purposes of the program established pursuant to paragraph (1) of subsection a. of section 3 of this act. The second of the accounts shall be the credited with the monies appropriated or made available for the purposes of the program established pursuant to paragraph (2) of subsection a. of section 3 of this act.

c. Of the monies credited to the account created for the purposes of the program established pursuant to paragraph (2) of subsection a. of section 3 of this act, the commission may annually expend an amount of up to 10 % of the monies in the account to undertake special initiatives to stimulate research and publication in the field of New Jersey history.

d. (1) Of the monies credited to the account created for the purposes of the program established pursuant to paragraph (1) of subsection a. of section 3 of this act, the commission may expend annually an amount of up to 1.75 % of the monies in the account for necessary expenses incurred for the administration of that program, including expenses in categories such as, but not limited to:salary and fringe benefits for one assistant grant administrator; office equipment and supplies; printing and postage to publish program guidelines and criteria and advertise the program; and travel and maintenance for the members of the review panel selected pursuant to paragraph (1) of subsection c. of section 3 of this act.

(2) Of the monies credited to the account created for the purposes of the program established pursuant to paragraph (2) of subsection a. of section 3 of this act, the commission may expend annually an amount of up to 2.0 % of the monies in the account for necessary expenses incurred for the administration of that program, including expenses in categories such as, but not limited to, office equipment and supplies; printing and postage to publish program guidelines and criteria and advertise the program; and travel and maintenance for the members of the review panel selected pursuant to paragraph (1) of subsection c. of section 3 of this act.

##### **§ 18A:73-23** Expenses of members; no compensation; vacancies {#sec-18a-73-23 omnilex-key=us-nj-statutes--title-18a--18A:73-23}

The members of the commission shall serve without compensation but shall be entitled to reimbursement for expenses incurred by them in performing their duties as members of the commission. Any vacancies in the membership of the commission shall be filled for the unexpired term in the same manner as the original appointments were made.

##### **§ 18A:73-24** Organization {#sec-18a-73-24 omnilex-key=us-nj-statutes--title-18a--18A:73-24}

The commission shall meet, as soon as may be following appointment of its members, at the call of the commissioner.

##### **§ 18A:73-25** Advisory capacity to public and private agencies {#sec-18a-73-25 omnilex-key=us-nj-statutes--title-18a--18A:73-25}

(a) The commission shall be responsible for serving in an advisory capacity to State departments and agencies and public educational institutions in connection with activities concerned with State history. It shall advise such public and private agencies in respect to programs of historic research and publication, education, commemorative observances, preservation of historic sites and buildings, public exhibitions and other programs pertaining to the history of New Jersey and enlist the talents of historians, librarians and members of historic, patriotic and civic organizations concerned with the State history in connection therewith.

(b) The commission is authorized, within the limits of such funds as may be appropriated or otherwise available to it, to plan and execute programs for:

1. the production, publication and distribution of books, pamphlets, films and other educational materials relating to historical subjects;

2. conference, convocations, lectures, seminars and other similar activities relating to historical subjects;

3. the development of libraries, museums, historic sites and exhibits, including mobile exhibits;

4. ceremonies and celebrations and other commemorative activities commemorating specific historical events.

(c) In carrying out duties and functions as provided in this act the commission is authorized to employ such assistants and incur such expenses as may be necessary therefor and as may be within the limits of funds appropriated or otherwise made available to it for said purpose.

(d) The commission may receive gifts of money, property and personal services for carrying out the provisions of this act.

##### **§ 18A:73-25.1** Legislative findings and declarations {#sec-18a-73-25.1 omnilex-key=us-nj-statutes--title-18a--18A:73-25.1}

The Legislature finds and declares that:

a. The Afro-American population of the State of New Jersey and the United States of America has made unique and indispensable contributions to the history of the State of New Jersey and the United States;

b. For many generations the role of Afro-Americans has been largely neglected in the writing and teaching of history, to the educational detriment of all Americans;

c. It is the responsibility of the government of this State to provide the people of New Jersey with opportunities to learn about the history of the State and the nation in an accurate and comprehensive manner; and

d. This Legislature has vested in the New Jersey Historical Commission the authority to plan and carry out programs to advance public knowledge of the history of New Jersey and the United States.

##### **§ 18A:73-25.2** New Jersey Afro-American history program; establishment; purpose {#sec-18a-73-25.2 omnilex-key=us-nj-statutes--title-18a--18A:73-25.2}

There is established a New Jersey Afro-American History Program to be directed, administered and conducted by the New Jersey Historical Commission. It is the purpose of the program to promote the advancement of public knowledge of the history of Afro-Americans in this State.

##### **§ 18A:73-25.3** Activities {#sec-18a-73-25.3 omnilex-key=us-nj-statutes--title-18a--18A:73-25.3}

The program shall include such activities as the commission deems desirable and practicable and shall include:

a. Conducting, sponsoring and assisting scholarly research and publication;

b. Conducting, sponsoring and assisting such public programs as conferences, symposia, seminars, workshops, exhibitions and performing arts programs;

c. Conducting and assisting oral history projects;

d. Producing student and teacher resource materials for use in teaching Afro-American history in the public schools of this State pursuant to N.J.S. 18A:35-1 and serving as a repository for these materials;

e. Assisting New Jersey libraries, museums and historical agencies in their efforts to collect materials relative to the history of Afro-Americans in this State;

f. Assisting historic preservation agencies and organizations in their efforts to preserve and interpret significant sites associated with Afro-American history in New Jersey; and

g. Serving as an information center and liaison among the various organizations and institutions in New Jersey concerned with Afro-American history.

##### **§ 18A:73-25.4** Program director and other employees {#sec-18a-73-25.4 omnilex-key=us-nj-statutes--title-18a--18A:73-25.4}

The New Jersey Historical Commission shall employ a program director and such other personnel as may be necessary to implement the provisions of this act and as may be within the limits of funds appropriated or otherwise made available to it for this purpose.

##### **§ 18A:73-25.5** Findings, declarations, determinations relative to recognition of historical, cultural sites with roadside markers. {#sec-18a-73-25.5 omnilex-key=us-nj-statutes--title-18a--18A:73-25.5}

1. The Legislature finds and declares that New Jersey, one of the original 13 colonies and crossroads of the American revolution, has a distinguished heritage, as evidenced by the abundance of sites witnessing significant historical and cultural events in the nation's history and important scientific and technological discoveries, as well as being home to many famous men and women who have made lasting contributions to the State and the world; and that it is the responsibility of the State of New Jersey to encourage local government units and civic organizations to recognize these sites by the placement of historically accurate roadside markers.

The Legislature further finds and declares that New Jersey has lagged behind other states in developing a standardized program to recognize sites of historical and cultural significance; that many of the existing markers Statewide are old and damaged; that no system is currently in place to inventory existing markers; and that there are many sites in the State, in addition to those listed on the New Jersey and National Registers of Historic Places, which are of significant historical and cultural acclaim, and worthy of recognition through the placement of roadside markers.

The Legislature therefore determines that it is in the public interest to authorize the New Jersey Historical Commission to plan and carry out a program to encourage local government units, nonprofit charitable organizations, and civic organizations to provide for the placement of roadside markers at locations of historical and cultural significance in New Jersey; and that the creation of such a program would not only serve as a tribute to the people, places and events that have helped shape the State, the nation, and the world, but would serve to enhance community pride and encourage tourism throughout the State.

##### **§ 18A:73-25.6** Program to identify, propose sites of historical, cultural significance. {#sec-18a-73-25.6 omnilex-key=us-nj-statutes--title-18a--18A:73-25.6}

2. The New Jersey Historical Commission, in consultation with the New Jersey Heritage Tourism Task Force established pursuant to section 1 of P.L.2006, c.60, is authorized to establish a program to encourage local government units, nonprofit charitable organizations, and civic organizations to identify and propose sites of historical and cultural significance in the State, to be recognized by the placement of roadside markers. The markers shall feature a standardized design bearing the State seal, indicating that the site has been approved by the commission and that the marker meets standards for historical accuracy. In developing the program required pursuant to this section, the commission shall consult with the Department of Transportation to establish standards for the design, placement, and location of the roadside markers.

##### **§ 18A:73-25.7** Application process; vendors; registry; notification program. {#sec-18a-73-25.7 omnilex-key=us-nj-statutes--title-18a--18A:73-25.7}

3. a. The New Jersey Historical Commission shall develop an application process to be followed by local government units, nonprofit charitable organizations, and civic organizations to identify and propose sites for inclusion in the program. An application shall include but is not limited to the location of the proposed site and evidence to support its historical or cultural significance, and the proposed text for the roadside marker. If an application submitted by a local government unit, nonprofit charitable organization, or civic organization is approved by the commission and by the appropriate entity having jurisdiction over the roadway along which the marker is to be placed, the requesting local government unit, nonprofit charitable organization, or civic organization, as appropriate, may purchase, through an approved vendor, and erect a marker bearing the State seal, designating that the site has been approved by the commission and that the marker meets standards for historical accuracy.

b. The commission shall compile and maintain a listing of approved vendors and shall negotiate, to the extent practicable and feasible, a volume discounted rate for the purchase of markers by local government units, nonprofit charitable organizations, or civic organizations.

c. The commission shall compile and maintain a registry of approved sites and an inventory of markers erected pursuant to this act.

d. The commission shall conduct a notification program designed to inform local government units, nonprofit charitable organizations, and civic organizations of the existence of the program, through both printed materials and an Internet site.

##### **§ 18A:73-25.8** Duties, authority of commission. {#sec-18a-73-25.8 omnilex-key=us-nj-statutes--title-18a--18A:73-25.8}

4. a. The New Jersey Historical Commission, within the limits of funds appropriated therefor or otherwise made available to it, may (1) commence the roadside marker program as soon as may be practicable, and (2) take any administrative or personnel action as may be necessary to implement the provisions of this act.

b. The commission shall be authorized to raise funds, through direct solicitation or other fundraising events, alone or with other groups, and may accept gifts, grants and bequests from individuals, corporations, foundations, governmental agencies, public and private organizations, and institutions, to defray the commission's administrative expenses and to carry out its purposes as set forth in this act. The funds, gifts, grants, or bequests received pursuant to this subsection shall be deposited into an account in the Department of the Treasury and allocated and annually appropriated to the Department of State to defray the commission's administrative expenses in connection with implementing this act and to accomplish the goals and purposes set forth in this act.

##### **§ 18A:73-25.9** Definitions; New Jersey Historical Commission, powers, duties; New Jersey Black Heritage Trail sites. {#sec-18a-73-25.9 omnilex-key=us-nj-statutes--title-18a--18A:73-25.9}

1. a. As used in this act:

"Black heritage site" or "heritage site" means a location where items of political, military, artistic, cultural, or social history have been preserved due to their cultural heritage value to the State. The locations shall include, but need not be limited to, locations related to Black educators, journalists, scientists, physicians, lawyers, artists, or humanitarians who have contributed to the development or advancement of this State, the United States, or Black communities throughout the world.

"Black Heritage Trail" means a series of Black heritage sites identified by the division, which may be linked by geographic proximity and alignment, thematic consistency, and historical consistency.

"Commission" means the New Jersey Historical Commission, established pursuant to P.L.1967, c.271 (C.18A:73-22 et seq.).

"Director" means the Director of the Division of Travel and Tourism in the Department of State.

"Division" means the Division of Travel and Tourism in the Department of State.

"Historical marker" means a marker, plaque, or tablet commemorating a historic person, place, or event or identifying a historic place, structure, or object.

b. In addition to the powers and duties of the commission as provided under P.L.1967, c.271 (C.18A:73-22 et seq.), the commission shall identify a series of Black heritage sites to be part of a New Jersey Black Heritage Trail. The commission may seek the assistance and cooperation of the New Jersey Historic Preservation Office, the New Jersey Division of Travel and Tourism, local government officials or entities, owners or operators of Black heritage sites, and entities that identify and compile data on historical trails, sites, or memorials to aid in effectively carrying out the purposes of this act. The purpose of the New Jersey Black Heritage Trail shall be to promote awareness and appreciation of Black history, heritage, and culture in the State. The New Jersey Black Heritage Trail shall highlight Black heritage sites through historical markers and a trail-like path that connect the stories of Black life and resiliency in the State. The commission shall ensure that as many Black heritage sites in the State as practical are included in the New Jersey Black Heritage Trail. In identifying specific Black heritage sites to be included in the New Jersey Black Heritage Trail, special consideration shall be given to Black heritage sites that are in close geographic proximity to other Black heritage sites or thematically linked by surrounding arts, cultural, historical, entertainment, or other tourism destinations or exhibits of interest to tourists interested in Black heritage sites and to sites that are recommended by the New Jersey Black Cultural and Heritage Initiative Foundation established pursuant to P.L.2005, c.47 (C.52:16A-90 et seq.). The New Jersey Black Heritage Trail shall be inclusive of all eras as well as be geographically representative of the entire State.

c. The commission shall:

(1) determine and select such sites significant to Black history, heritage, and culture in this State that the commission determines should be a part of the New Jersey Black Heritage Trail;

(2) design and, for sites owned or on property owned by the State, purchase and erect, historical markers which the commission may decide to be appropriate at such sites, indicating thereon the persons, places, or events commemorated and having such other suitable inscription as the commission may deem necessary; and

(3) provide oversight of historical markers that are a part of the New Jersey Black Heritage Trail erected by private entities. A private entity shall not erect any marker without the approval of the commission, and all such markers shall comport with the design determined by the commission.

d. All historical markers on the New Jersey Black Heritage Trail that are erected by the commission shall be the property of the State. No person, entity, or business shall erect, receive, retain, possess, transport, alter, or remove a marker without written permission of the appropriate official of the commission and may do so only in a manner consistent with any direction therefrom. No person, entity, or business shall duplicate the historical markers, or create, obtain, sell, distribute, or install similar markers with an intent to mislead or deceive the public and shall not create, obtain, sell, distribute, or install any markers purporting to be the official marker established by the commission. The New Jersey Black Cultural and Heritage Initiative Foundation may contact and coordinate with any owner of a private property or business designated as a Black heritage site to facilitate the establishment of the marker at the site.

e. The commission shall accept for consideration, as appropriate, submissions from the public and from the New Jersey Black Cultural and Heritage Initiative Foundation recommending for inclusion on the New Jersey Black Heritage Trail, heritage sites not owned, operated, or maintained by a governmental entity through an electronic submission form made available by the commission on its Internet site.

f. The commission may establish any guidelines, rules or regulations regarding all aspects of the historical markers associated with the New Jersey Black Heritage Trail.

g. The commission shall not use public funds to produce, purchase, or erect markers or signs on private property bearing the designation established pursuant to this section. The commission shall have the authority to receive gifts, grants, or other financial assistance from private sources for the purpose of funding or reimbursing the commission for costs associated with reviewing, producing, purchasing, or erecting any historical marker and entering into agreements related thereto including, but not limited to, with private sources, and non-governmental, non-profit, educational, or charitable entities or institutions.

##### **§ 18A:73-25.10** New Jersey Black Heritage Trail, Black heritage sites, Internet site, information. {#sec-18a-73-25.10 omnilex-key=us-nj-statutes--title-18a--18A:73-25.10}

2. a. The division shall develop and maintain an Internet site providing information on the New Jersey Black Heritage Trail and Black heritage sites in the State. The information on the Internet site shall provide a downloadable itinerary or an interactive map, and shall:

(1) specify the location of each heritage site included on the New Jersey Black Heritage Trail;

(2) display photographs of each heritage site;

(3) inform visitors that the heritage site is part of the New Jersey Black Heritage Trail developed pursuant to section 1 of P.L.2022, c.102 (C.18A:73-25.9); and

(4) provide a link to any available Internet site address of the heritage site if one exists or describing or otherwise providing information on the heritage site.

b. The division may solicit information from local government officials or entities, the owners or operators of Black heritage sites, and entities that identify and compile data on historical trail, sites, or memorials in the development of any vacation itineraries. The division may distribute the information by any other method it deems appropriate.

c. The director shall ensure that the Internet site is updated whenever a new Black heritage site is established by the New Jersey Historical Commission. The division may accept information or changes to the Internet site from the New Jersey Black Cultural and Heritage Initiative Foundation, the New Jersey Historic Preservation Office, the New Jersey Historical Commission, local government officials and entities, owners or operators of heritage sites in the State, entities that identify and compile data on historical trails, sites, or memorials, or the public through an electronic submission form made available by the division on its Internet site.

##### **§ 18A:73-26** Responsibility for administration of State Library. {#sec-18a-73-26 omnilex-key=us-nj-statutes--title-18a--18A:73-26}

11. Upon the enactment of P.L.2001, c.137 (C.18A:73-42.1 et al.), Thomas Edison State College shall be responsible for the administration of the State Library. The State Library shall be in, but not of, the Department of State.

##### **§ 18A:73-27** State Library personnel. {#sec-18a-73-27 omnilex-key=us-nj-statutes--title-18a--18A:73-27}

12. The State Library shall consist of the State Librarian and such other personnel as the President of Thomas Edison State College may deem necessary for the efficient administration thereof.

##### **§ 18A:73-32** State Librarian, qualifications. {#sec-18a-73-32 omnilex-key=us-nj-statutes--title-18a--18A:73-32}

17. The State Librarian shall be a graduate of an accredited university or college and shall, prior to the appointment, have graduated from a school of library service accredited by the American Library Association, and have had at least four years of library experience in a responsible administrative capacity.

##### **§ 18A:73-33** Position of State Librarian established, duties. {#sec-18a-73-33 omnilex-key=us-nj-statutes--title-18a--18A:73-33}

18. The position of State Librarian is hereby established.

The President of Thomas Edison State College shall appoint the State Librarian. The State Librarian shall head the State Library and shall, with the approval and under the supervision of Thomas Edison State College:

(a) Direct and administer the work of the library;

(b) Administer all laws which are by their terms included under the jurisdiction of the library;

(c) Establish and organize the bureaus therein;

(d) Allocate the duties to be performed by the personnel of the State Library and the bureaus established within the library;

(e) Prescribe such rules and regulations, not inconsistent with law, as may be necessary to effectuate his powers and duties under this act;

(f) Prescribe minimum standards of service for libraries in the State of New Jersey as may be necessary to effectuate the State Librarian's powers under the law.

##### **§ 18A:73-33a** Definitions regarding public libraries. {#sec-18a-73-33a omnilex-key=us-nj-statutes--title-18a--18A:73-33a}

8. As used in sections 9 through 12 of this act:

"Censorship" means to block, suppress, or remove library material based on disagreement with a viewpoint, idea, or concept or solely because an individual finds certain content offensive, but does not include limiting or restricting access to any library material deemed developmentally inappropriate for certain age groups.

"Diverse and inclusive material" means material that reflects any protected class as enumerated in the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.); material produced by an author who is a member of a protected class as enumerated in the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.); and material that contains the author's points of view concerning contemporary problems and issues, whether international, national or local.

"Governing body" means a board of trustees, director or other chief administrative officer, a county library commission, or board of county commissioners of a public library.

"Individual with a vested interest" means any resident who is served by the public library or resides in a county or municipality where the library is situated.

"Library material" means any material including, but not limited to, nonfiction and fiction books, magazines, reference books, supplementary titles, multimedia and digital material, and software and instructional material belonging to, on loan to, or otherwise in the custody of a public library.

"Public library" means a library that serves, free of charge, all residents of an area as established pursuant to chapter 33 or chapter 54 of Title 40 of the Revised Statutes and receives financial support, in whole or in part, from public funds or a library established pursuant to N.J.S.15A:1-1 et seq. and receiving public funds pursuant to R.S.40:54-35.

##### **§ 18A:73-33b** Public library, material curation policy. {#sec-18a-73-33b omnilex-key=us-nj-statutes--title-18a--18A:73-33b}

9. a. In addition to the duties prescribed in section 18 of P.L.1969, c.158 (C.18A:73-33), the State Librarian, in consultation with the New Jersey Library Association, shall establish a model policy on the curation of library material within a public library. The purpose of the curation policy is to: provide standards for the curation of library material; establish criteria for the removal of existing library material or library material selected for inclusion in the public library; and provide protection against attempts to censor library material.

b. The model policy shall, at a minimum:

(1) recognize that public libraries serve as centers for voluntary inquiry and the dissemination of information and ideas;

(2) promote the free expression and free access to ideas by residents by prohibiting the censorship of library material;

(3) acknowledge that library material shall not be removed from a public library because of the origin, background, or views of the library material or those contributing to its creation;

(4) recognize that library material should be provided for the interest, information, and enlightenment of all people and should present diverse points of view in the collection as a whole;

(5) acknowledge that a librarian is professionally trained to curate and develop collections that provide residents with access to the widest array of library material available to the public library; and

(6) establish a procedure for a librarian to review library material within a public library on an ongoing basis, which shall include, but not be limited to: the library material's relevance; the condition of the library material; the availability of duplicates; the availability of more recent material; and the continued demand for the library material.

c. The model policy shall be updated as the State Librarian and New Jersey Library Association deem necessary.

d. A governing body of a public library shall adopt the model policy established pursuant to this section. If a public library has a policy that complies with the requirements of subsection b. of this section as of the effective date of this act, the library shall not be required to take further action.

e. The governing body of a public library, in consultation with staff members of a public library, including a librarian employed by a public library, shall have discretion in selecting, purchasing, or acquiring library material for inclusion in the public library. Nothing in this section shall be construed to require a governing body of a public library to purchase, or otherwise acquire, library material for a public library.

##### **§ 18A:73-33c** Removal request procedure, public library. {#sec-18a-73-33c omnilex-key=us-nj-statutes--title-18a--18A:73-33c}

10. a. In addition to the duties prescribed in section 18 of P.L.1969, c.158 (C.18A:73-33), the State Librarian, in consultation with the New Jersey Library Association, shall establish a model policy creating a procedure regarding a request for removal of library material within a public library.

b. The model policy shall, at a minimum, require:

(1) the creation of a request for removal form, based on the model removal form established by the State Librarian, that may be submitted by an individual with a vested interest to the governing body of the public library in which the library material is challenged to initiate a review of the material. The form shall require the individual with the vested interest to specify which sections of the library material the individual objects to and an explanation of the reasons for the objection;

(2) the governing body appoint a review committee, consisting of:

(a) at least one member of the governing body;

(b) a librarian employed by the public library;

(c) a staff member, who is not a librarian, of the public library that is familiar with the library material;

(d) a representative selected by the governing body;

(e) a resident serviced by the public library, provided the resident selected is not the individual who submitted the form; and

(f) any additional members the governing body deems necessary;

(3) a challenged library material remain within the public library and available for a resident to reserve, check out, or access until there is a final decision by the review committee;

(4) the review committee to evaluate the request for removal form, review the challenged library material, and report in writing its recommendations to the governing body on whether to remove the library material within 30 business days from the date of receiving the form. A copy of the committee's report shall also be provided to the individual with a vested interest who filed the form; and

(5) require the governing body to review the committee's report and make a final determination on whether the library material is to be removed from the public library or limited in use. The governing body shall provide a written statement of reasons for:

(a) the removal, limitation, or non-removal of a library material; and

(b) any final determination that is contrary to the recommendations of the review committee; and

(6) provide that a library material that has been challenged pursuant to paragraphs (1) through (5) of this subsection shall not be subject to a subsequent challenge for at least one year.

c. The model policy shall be updated as the State Librarian and New Jersey Library Association deem necessary.

d. A governing body of a public library shall adopt the model policy established pursuant to this section. In the event a public library has a policy that complies with the requirements of subsection b. of this section as of the effective date of this act, the library shall not be required to take further action.

e. A governing body determination issued in accordance with the policy established in subsection b. of this section shall be final and binding for a period of five years.

f. Nothing in this section shall be construed as creating a separate legal cause of action regarding any determination issued pursuant to the policy established pursuant to subsection b. of this section.

##### **§ 18A:73-33d** Censorship of public library material prohibited, right to reserve, check out. {#sec-18a-73-33d omnilex-key=us-nj-statutes--title-18a--18A:73-33d}

11. a. A governing body of a public library shall not remove library material from a public library because of the origin, background, or views of the library material or those contributing to its creation and shall not engage in censorship of library material.

b. The governing body of a public library shall allow a resident to reserve or check out any library material, including diverse and inclusive material.

##### **§ 18A:73-33e** Immunity, public library staff. {#sec-18a-73-33e omnilex-key=us-nj-statutes--title-18a--18A:73-33e}

12. Any staff member of a public library, including a librarian employed by a public library, shall be immune from civil and criminal liability arising from good faith actions performed pursuant to the provisions of sections 9 through 11 of this act.

##### **§ 18A:73-33.1** Annual report. {#sec-18a-73-33.1 omnilex-key=us-nj-statutes--title-18a--18A:73-33.1}

6. a. In addition to the duties prescribed in section 18 of P.L.1969, c.158 (C.18A:73-33), the State Librarian shall on or before October 31 of each year prepare an annual report on the activities of the library network for the preceding year. The report shall be transmitted to the President of Thomas Edison State College who, upon the approval of the report thereby, shall transmit it to the Governor, the Thomas Edison State College Board of Trustees and the Chairman of the State Government Committee, or successor committee, of each House of the Legislature. The report shall set forth a complete operating and financial statement covering the library network's operation during the preceding year.

b. (Deleted by amendment, P.L.2001, c.137).

##### **§ 18A:73-34** Appointment of staff, compensation. {#sec-18a-73-34 omnilex-key=us-nj-statutes--title-18a--18A:73-34}

19. a. The President of Thomas Edison State College or the designee thereof shall, with the advice of the State Librarian, appoint all professional staff in the library, and fix the compensation of all such persons thus appointed. The President of Thomas Edison State College or the designee thereof shall appoint such other personnel as that person may consider necessary for the efficient performance of the work of the library and fix their compensation. All persons thus appointed shall be subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes.

b. For all purposes, the employees of the State Library shall be considered employees of Thomas Edison State College.

c. Thomas Edison State College shall maintain, in a manner acceptable to the Civil Service Commission, the personnel records of all employees and positions currently on staff and funded. All such records shall be subject to audit by the Civil Service Commission.

d. The State shall be responsible for paying the entire employer contribution of the pension and benefits costs for the State Library employees whose salaries are funded from the direct State services portion of the annual appropriation for the State Library.

##### **§ 18A:73-35** Duties of State Library. {#sec-18a-73-35 omnilex-key=us-nj-statutes--title-18a--18A:73-35}

20. The State Library shall:

(a) Maintain library resources and information services over a broad range of subjects which affect the educational, intellectual, cultural, economic, and political life of the State;

(b) Provide special library services for the legislative, executive and judicial branches of State Government, supplemental library service for New Jersey libraries and citizens and direct library service for persons with disabilities;

(c) Purchase or otherwise acquire, and maintain a general collection of books, periodicals, newspapers, maps, slides, films and other library materials for the use of State and local governments, libraries, and the public generally; and exchange, discard, sell, or otherwise dispose of books and library materials as required within the purposes stated herein and all moneys to be secured from such sales shall be paid into the treasury to be used for the benefit of the State Library when appropriated to that purpose;

(d) Maintain as part of the State Library, a general reference service; a legislative reference service; a law library service; a documents depository service; an archival service for New Jersey materials; a records management service for State and local governments; a deposit and exchange service for library materials; an interlibrary loan service; an advisory service for public libraries, school libraries, libraries of institutions of higher education, industrial, commercial and other special libraries, State department and agency libraries, and the libraries the State maintains within the institutions carrying out its health, welfare and correctional programs; and a library service for persons with disabilities; and provide such other services as may be required by law;

(e) Preserve the records of the history of New Jersey through its official archives and other materials and promote interest and research in the history of the State;

(f) Coordinate a Statewide system of libraries in New Jersey, and administer State and federal programs for the development of libraries, library facilities, library resources and library services in New Jersey, and require such reports as are necessary for the proper administration of its duties and for the gathering and publishing of annual and occasional statistics on libraries in the State;

(g) Promote and demonstrate library service throughout the State, and study library problems and needs in New Jersey and make the resultant findings known generally.

##### **§ 18A:73-35a** Short title {#sec-18a-73-35a omnilex-key=us-nj-statutes--title-18a--18A:73-35a}

This act shall be known and may be cited as the "Library Network Law."

##### **§ 18A:73-35b** Findings, declarations concerning a Statewide library network. {#sec-18a-73-35b omnilex-key=us-nj-statutes--title-18a--18A:73-35b}

2. The Legislature finds and declares that promoting cooperation among the various types of libraries in New Jersey will provide this State's residents with full and equal access to library materials and programs not currently available within their communities; that increased cooperation and access will help control the cost of maintaining local libraries, while providing for improved services; that establishing a library network can best be accomplished by assisting libraries to form cooperatives on a regional basis and by having the State Library promote, coordinate and fund such cooperative efforts, as well as provide and coordinate library services on a Statewide basis.

##### **§ 18A:73-35c** Definitions relative to the library network. {#sec-18a-73-35c omnilex-key=us-nj-statutes--title-18a--18A:73-35c}

3. As used in this act:

a. "President" means the President of Thomas Edison State College or the designee thereof;

b. "State Library" means the State's research library and depository for State and federal documents affiliated with Thomas Edison State College;

c. "Library" means any library eligible for advisory service from the State Library as provided in subsection d. of section 20 of P.L.1969, c.158 (C.18A:73-35); any county audiovisual aids center established pursuant to N.J.S.18A:51-1 et seq.; and any educational information and resource center established pursuant to P.L.1983, c.486 (C.18A:73-35a et seq.);

d. "Library region" means a geographic area designated by the State Librarian pursuant to this act within which libraries may establish a regional library cooperative;

e. "Library network" means all libraries in all regional library cooperatives, the State Library, and any library providing services to other libraries; and

f. "Regional library cooperative" means a membership organization of libraries within a library region which has agreed to provide and receive cooperative library services.

##### **§ 18A:73-35d** Additional duties concerning the network. {#sec-18a-73-35d omnilex-key=us-nj-statutes--title-18a--18A:73-35d}

4. In addition to the duties prescribed in section 20 of P.L.1969, c.158 (C.18A:73-35), the State Library shall establish, organize, supervise and fund the library network, as well as provide library services on a regional as well as a Statewide basis. To effectuate the purposes of this act, the State Library shall: a. establish library regions to encompass all of the State's territory; b. provide for the creation, structure, funding, and governance of a regional library cooperative for each library region; c. enter into contracts with any library or service-providing agency to provide cooperative library services to any members of the library network; d. determine the kinds of cooperative services to be provided and received by members of the network; and e. provide direct services to members of the network, on a regional as well as a Statewide basis.

##### **§ 18A:73-35e** Cooperative services {#sec-18a-73-35e omnilex-key=us-nj-statutes--title-18a--18A:73-35e}

Any library eligible for participation in the library network is authorized to enter into agreements with other such libraries to provide and receive cooperative library services on a regional as well as Statewide basis. Libraries entering into an agreement pursuant to this act shall form an organization which may incorporate as a nonprofit corporation for the purposes of providing and receiving cooperative services on a regional as well as Statewide basis.

##### **§ 18A:73-35f** State funding restriction. {#sec-18a-73-35f omnilex-key=us-nj-statutes--title-18a--18A:73-35f}

8. To provide an efficient and effective library network in accordance with objectives of this act, no regional library cooperative or any library with which the State Library contracts to provide cooperative services on a regional as well as a Statewide basis to the library network shall participate in any apportionment of State funds pursuant to this act unless it operates in compliance with the rules and regulations which have been, or may be, prescribed by law or promulgated by the State Librarian with the approval of the President of Thomas Edison State College.

##### **§ 18A:73-35g** Budget estimates. {#sec-18a-73-35g omnilex-key=us-nj-statutes--title-18a--18A:73-35g}

9. On or before November 15 in each year, the State Librarian, with the approval of the President, shall estimate the amount necessary to be appropriated to carry out the provisions of this act for the succeeding fiscal year and shall determine for budget purposes the amount estimated to be payable to each regional library cooperative or library with which the State Library contracts to provide cooperative service to the library network for that year and the amount necessary for supplemental library services provided directly. The amount requested for direct services shall not exceed 20% of the total amount appropriated. The State Librarian shall make such determination for budget purposes upon the basis of appropriations for library network purposes made by the Legislature in the current calendar year.

On or before September 15 of each succeeding year, the State Librarian shall make a final determination of the payments to be made under this act.

##### **§ 18A:73-35g1** Funding of library network. {#sec-18a-73-35g1 omnilex-key=us-nj-statutes--title-18a--18A:73-35g1}

8. Notwithstanding the provisions of any other law to the contrary, all funds previously appropriated to fund area libraries pursuant to N.J.S.18A:74-4 and research library centers pursuant to N.J.S.18A:74-5 are appropriated to the State Library, for the purpose of funding the library network.

In succeeding fiscal years the State Librarian shall make the budget determinations required by section 9 of P.L.1983, c.486 (C.18A:73-35g), based on previous appropriations for library network purposes, which shall include the transfer of area library and research library center appropriations made pursuant to this section.

##### **§ 18A:73-35h** Payments. {#sec-18a-73-35h omnilex-key=us-nj-statutes--title-18a--18A:73-35h}

10. The sums payable pursuant to this act shall be payable on October 1 following the final determination in each year. Payments shall be made by Thomas Edison State College. Payment shall be made to the receiving officer designated by each regional library cooperative, each library with which the State Library contracts to provide cooperative service to the library network and to the State library for the cost of providing direct Statewide library services to the library network.

##### **§ 18A:73-35i** Rules, regulations. {#sec-18a-73-35i omnilex-key=us-nj-statutes--title-18a--18A:73-35i}

11. The State Librarian may, with the approval of the President, promulgate pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.), such rules and regulations as the State Librarian deems necessary to effectuate the purposes of this act.

##### **§ 18A:73-35j** Appropriations. {#sec-18a-73-35j omnilex-key=us-nj-statutes--title-18a--18A:73-35j}

12. There shall be appropriated in the first fiscal year following the receipt by the Legislature of the first annual report and in each fiscal year thereafter following the receipt by the Legislature of each subsequent annual report required pursuant to section 6 of P.L.1983, c.486 (C.18A:73-33.1), such sums as may be necessary for the operations of the library network. If the sums appropriated at any time are insufficient to carry out in full the provisions of this act, the President, with the approval of the Thomas Edison State College Board of Trustees, shall allocate such sums on a pro rata basis. A sum not to exceed 1% of such total or supplemental appropriation for the purposes of this act may be allocated for the administrative cost thereof.

##### **§ 18A:73-35.1** Purchases without advertisement for bids. {#sec-18a-73-35.1 omnilex-key=us-nj-statutes--title-18a--18A:73-35.1}

1. The State Librarian may, within the limits of funds appropriated or otherwise made available to the State Library, purchase the following without advertising for bids: library materials including books, periodicals, newspapers, documents, pamphlets, photographs, reproductions, microfilms, pictorial or graphic works, musical scores, maps, charts, globes, sound recordings, slides, films, filmstrips, video and magnetic tapes, other printed or published matter, and audiovisual and other materials of a similar nature and necessary binding or rebinding of library materials.

##### **§ 18A:73-36** Publications from custodian of State House {#sec-18a-73-36 omnilex-key=us-nj-statutes--title-18a--18A:73-36}

The State Librarian shall annually receive from the custodian of the State House for reference use and for deposit and exchange purposes not less than 75 bound copies and not less than 75 unbound copies of all pamphlet laws, compilations and similar publications, published by or under the authority of this State or the Legislature thereof, or of which the State has become a purchaser, and 75 bound copies each of the journals of the Senate and the minutes of the General Assembly.

##### **§ 18A:73-37** Informative materials accessible to legislature {#sec-18a-73-37 omnilex-key=us-nj-statutes--title-18a--18A:73-37}

The State Librarian shall collect and keep up to date and readily accessible to the Legislature, and to other persons within proper regulations, such materials as will furnish the fullest information practicable pertaining to current or proposed legislation or any legislative or administrative problems, and he shall prepare and submit digests of such informative materials upon the request of any member or committee of the Legislature.

##### **§ 18A:73-38** Hours of operation of State Library. {#sec-18a-73-38 omnilex-key=us-nj-statutes--title-18a--18A:73-38}

23. The State Library shall be kept open during the normal working hours of State Government and at all times during which the Legislature and the courts of this State and of the United States which sit at Trenton are in session, and at such other times as the State Librarian, with the approval of the President of Thomas Edison State College, shall prescribe.

##### **§ 18A:73-38.1** Certain buildings to remain State property, use of property. {#sec-18a-73-38.1 omnilex-key=us-nj-statutes--title-18a--18A:73-38.1}

59. The State Library building located at 185 East State Street in Trenton, Mercer County, and the State Library for the Blind and Handicapped, located at 2300 Stuyvesant Avenue in Trenton, Mercer County, shall remain the property of the State of New Jersey. Each building shall be maintained by the Department of the Treasury and be entitled to all of the services provided to other State buildings in the Capitol Complex. Any additional costs incurred by the State Library for services at those buildings shall be paid by Thomas Edison State College from the direct State services portion of the annual appropriation for the State Library. The contents of the buildings, including but not limited to the furniture, equipment, State Library collection and library materials, shall be the property of the State of New Jersey, but shall be available to Thomas Edison State College for the use of the State Library and the employees thereof.

##### **§ 18A:73-39** Application, acceptance of grants, funds. {#sec-18a-73-39 omnilex-key=us-nj-statutes--title-18a--18A:73-39}

24. The President of Thomas Edison State College may apply for and accept on behalf of the State of New Jersey and, through the State Library, administer for the State, any funds, books and library facilities applicable to public or school library purposes, granted or provided by the Federal Government, or any agency or officer thereof, under or pursuant to any Federal Law heretofore or hereafter enacted authorizing grants to the States for such purposes or for similar purposes.

##### **§ 18A:73-40** Designation of agency to carry out purpose of law. {#sec-18a-73-40 omnilex-key=us-nj-statutes--title-18a--18A:73-40}

25. In the event that under or pursuant to any such Federal law it is required that a State agency be designated to carry out the purpose of such law, including the administration or suspension of administration of any plan or program pursuant thereto, Thomas Edison State College shall be the sole agency in this State for carrying out such purposes. The Governor is hereby authorized to make such designation, and Thomas Edison State College is hereby empowered to act as the sole agency in this State for carrying out such purposes.

##### **§ 18A:73-41** Custody, use of federal funds. {#sec-18a-73-41 omnilex-key=us-nj-statutes--title-18a--18A:73-41}

26. Thomas Edison State College shall receive and provide for the proper custody of any funds granted by the Federal Government for such public or school library purposes, under or pursuant to any Federal law. All moneys so received shall be used exclusively for the purposes of any such law. Such moneys shall be expended in the same manner as any funds of the State are expended, upon vouchers certified or approved by the President of Thomas Edison State College or the duly authorized representative thereof, as provided by law.

Thomas Edison State College shall submit to the State Treasurer copies of any final financial status reports submitted to the federal government for grants or other funds received by the college.

##### **§ 18A:73-42.1** Rules for administration of State Library. {#sec-18a-73-42.1 omnilex-key=us-nj-statutes--title-18a--18A:73-42.1}

58. Unless provided for elsewhere to the contrary, the State Library, with the approval of the President of Thomas Edison State College, may promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules as the State Librarian deems necessary for the administration of the State Library.

##### **§ 18A:73-43** Legislative joint committee; review of library and programs; recommendations {#sec-18a-73-43 omnilex-key=us-nj-statutes--title-18a--18A:73-43}

A joint committee of the Legislature shall be appointed which shall examine and review the library and its programs, particularly the legislative reference services, make recommendations for their development and improvement, and report to the Legislature.

##### **§ 18A:73-43.1** "Library," "library record" defined {#sec-18a-73-43.1 omnilex-key=us-nj-statutes--title-18a--18A:73-43.1}

For the purposes of this act:

a. "Library" means a library maintained by any State or local governmental agency, school, college, or industrial, commercial or other special group, association or agency, whether public or private.

b. "Library record" means any document or record, however maintained, the primary purpose of which is to provide for control of the circulation or other public use of library materials.

##### **§ 18A:73-43.2** Confidentiality; exceptions {#sec-18a-73-43.2 omnilex-key=us-nj-statutes--title-18a--18A:73-43.2}

Library records which contain the names or other personally identifying details regarding the users of libraries are confidential and shall not be disclosed except in the following circumstances:

a. The records are necessary for the proper operation of the library;

b. Disclosure is requested by the user; or

c. Disclosure is required pursuant to a subpena issued by a court or court order.

##### **§ 18A:73-43.3** Rules, regulations {#sec-18a-73-43.3 omnilex-key=us-nj-statutes--title-18a--18A:73-43.3}

The State Librarian shall adopt pursuant to section 18 of P.L. 1969, c. 158 (C. 18A:73-33) and the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) rules and regulations necessary to effectuate the purposes of this act.

##### **§ 18A:73-43.4** Disbursement of funds appropriated for State Library to Thomas Edison State College. {#sec-18a-73-43.4 omnilex-key=us-nj-statutes--title-18a--18A:73-43.4}

60. a. The State Treasurer shall disburse to Thomas Edison State College the amount of funds appropriated in the direct State services portion of the annual appropriation for the State Library. The funds shall be paid to the college in four equal installments beginning on July 1 of each year. Thomas Edison State College shall deposit all such funds into separate accounts to be used solely for State Library purposes.

b. The State Treasurer shall disburse to Thomas Edison State College the amount of funds appropriated in the State aid portion of the annual appropriation for the State Library. The funds shall be paid to the college on a drawdown schedule to be prepared by Thomas Edison State College and approved by the Office of Management and Budget. Thomas Edison State College shall deposit all such funds into separate accounts to be used solely for State Library purposes.

c. Each year, Thomas Edison State College shall prepare and submit to the Office of Management and Budget in the Department of the Treasury a proposed budget for the operation of the State Library during the following fiscal year at the same time that Thomas Edison State College prepares and submits to the Secretary of State for submission to Office of Management and Budget a proposed budget for the operation of the college during the following fiscal year.

d. Funds disbursed to Thomas Edison State College for the operations of the State Library, although maintained in separated accounts, shall be considered college funds for all purposes related to purchasing, including for the purposes of the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.).

e. Thomas Edison State College is authorized to accept donations on behalf of the State Library and those donated funds shall be maintained in separate accounts to be used solely for State Library purposes.

f. Thomas Edison State College shall be entitled to use, solely for State Library purposes, the interest income from any public or private fund established to support the programs and services of the State Library to the extent permitted by law and the terms of the fund.

g. Thomas Edison State College shall conduct an independent financial audit of the State Library accounts each year, including accounts that receive federal funds, and shall submit copies of the same to the Department of the Treasury, with the cost of such audits funded from the direct State services portion of the annual appropriation for the State Library.

h. Thomas Edison State College shall be responsible for the maintenance of all financial records that involve the operations of the State Library, including those records that relate to federal funds.

##### **§ 18A:73-44** Short title {#sec-18a-73-44 omnilex-key=us-nj-statutes--title-18a--18A:73-44}

This act shall be known as and may be cited as the "New Jersey Educational Research and Museum Development Act."

##### **§ 18A:73-45** Legislative findings and determinations {#sec-18a-73-45 omnilex-key=us-nj-statutes--title-18a--18A:73-45}

The Legislature hereby finds and determines that it is in the interest of the citizens of the State of New Jersey to encourage the development of public and nonprofit museums and the loan and contribution of museum collections within the State to help preserve the heritage of the people of this State as well as of this nation and the world and that worthwhile endeavors of such sort, including related activities such as educational and scientific research, library, workshops, museum shops, data collection and museum promotion, should be encouraged. The Legislature further finds and determines that the Department of Education and the Division of the State Museum should be authorized to cooperate and assist, within the limits of available appropriations and resources, public and nonprofit groups in the pursuit of this objective.

##### **§ 18A:73-46** Encouragement of development of public and nonprofit museums {#sec-18a-73-46 omnilex-key=us-nj-statutes--title-18a--18A:73-46}

The Department of Education and the commissioner thereof acting through the agencies of said department including the Divisions of the State Museum and Research, Planning and Evaluation are hereby authorized to encourage the development of public and nonprofit museums, including museum buildings, and museum collections and activities related thereto including, but not limited to, scientific and educational research, library, workshops, museum shops and museum promotion.

##### **§ 18A:73-47** Agreements for cooperation and assistance by department and division {#sec-18a-73-47 omnilex-key=us-nj-statutes--title-18a--18A:73-47}

In furtherance of the objectives of this act, the commissioner or, with his approval, the Director of the State Museum may enter into agreements providing for the cooperation and assistance of the department and the division with any public or nonprofit agency, foundation or organization engaging in some or all of the activities set forth in section 3 of this act. Such cooperation and assistance may include financial assistance, provided, however, that any financial assistance shall be only to the extent that appropriations or other available resources will permit.

If the department shall determine that the acquisition of any museum or museum activity is in the public interest it may enter into agreements for such purposes. Any agreements which would obligate the State or any of its agencies to assume financial responsibility for the operation or the acquisition of any museum or museum collection or other activities shall be approved in writing by the commissioner and the Governor.

##### **§ 18A:73-48** State museum defined {#sec-18a-73-48 omnilex-key=us-nj-statutes--title-18a--18A:73-48}

For the purposes of this act and the statutes herein supplemented, the State Museum shall consist of the existing State Museum and such other museums and museum collections as shall be approved and acquired pursuant to the provisions of this act.

## **Chapter 74** {#struct-chapter-74}

##### **§ 18A:74-1** Short title {#sec-18a-74-1 omnilex-key=us-nj-statutes--title-18a--18A:74-1}

This chapter shall be known as the "state library aid law."

##### **§ 18A:74-2** Definitions {#sec-18a-74-2 omnilex-key=us-nj-statutes--title-18a--18A:74-2}

For the purposes of this chapter, unless the context clearly requires a different meaning:

"Annual expenditure for library services" shall mean the sum expended during the last completed fiscal year by a municipality or county for library services, as certified by the governing body of the municipality or county to the commissioner, excluding any sum paid to the municipality or county under the provisions of this chapter.

"Equalized valuation" shall mean the equalized valuation of the municipality, as certified by the director of the State Division of Taxation for the year preceding that in which the calculation of State aid hereunder is made.

"Per capita" shall mean for each of the number of inhabitants of a municipality or county, as shown by the latest federal census effective in this State; provided that upon application by a municipality or county to the commissioner, any special census of population taken by the United States Bureau of the Census subsequent to its latest effective census shall determine such number of inhabitants.

##### **§ 18A:74-3** State aid to libraries {#sec-18a-74-3 omnilex-key=us-nj-statutes--title-18a--18A:74-3}

State funds shall be provided annually as follows:

a. Each municipality or county that supports, in whole or in part, library service from municipal or county tax sources pursuant to chapter 33 or 54 of Title 40 of the Revised Statutes shall qualify for one of the following:

(1) $0.50 per capita if its annual expenditure for library services is less than 1/5 mill per dollar upon the equalized valuation;

(2) $0.75 per capita if its annual expenditure for library services is equal to or more than 1/5 mill, but less than 1/4 mill per dollar upon equalized valuation;

(3) $1.00 per capita if its annual expenditure for library services is equal to or more than 1/4 mill, but less than 1/3 mill per dollar upon equalized valuation;

(4) $1.25 per capita if its annual expenditure for library services is equal to or more than 1/3 mill, but less than 1/2 mill per dollar upon equalized valuation;

(5) $1.50 per capita if its annual expenditure for library services is equal to or more than 1/2 mill per dollar upon equalized valuation; provided, however, that payments hereunder to a municipality or county shall not be less than the amount which such municipality or county received in State library aid in the year preceding July 1, 1967, except that in no case shall payments under this section exceed one-half of the annual expenditure for library services by the municipality or the county, as the case may be.

b. For those municipalities which provide tax support for both a local library and a county library, the per capita aid provided for in subsection a. of this section shall be determined as follows: the total expenditure for library service pursuant to chapters 33 and 54 of Title 40 of the Revised Statutes shall be used to determine the scale of per capita aid. In counties in which the free county library has been reorganized pursuant to P.L. 1977, c. 300 (C. 40:33-15 et seq.), the total payments shall be made to the municipality. In those counties which have established county libraries pursuant to P.L. 1963, c. 46 (C. 40:33-5.1), the payment to the municipality and the county shall be made according to section 2 of P.L. 1983, c. 487 (C. 18A:74-3.1). In all other counties the payment to the municipality and to the county, respectively, shall be apportioned in the same ratio as each expenditure bears to the total expenditure.

##### **§ 18A:74-3.1** Counties with libraries, apportionment of per capita aid {#sec-18a-74-3.1 omnilex-key=us-nj-statutes--title-18a--18A:74-3.1}

2. In those counties which have established county libraries pursuant to the provisions of P.L.1963, c.46 (C.40:33-5.1), the apportionment of per capita aid shall be as follows:

a. Each municipality which provides tax support for a local library shall qualify for per capita aid based on the formula in subsection a. of N.J.S.18A:74-3. This aid shall be paid to the governing body of the municipality.

b. Each county shall qualify for per capita aid based on the tax support provided by each municipality within the county for the county library pursuant to the formula in subsection a. of N.J.S.18A:74-3, except that aid shall be based upon the number of inhabitants of only those municipalities in the county which do not operate libraries established pursuant to R.S.40:54-1 et seq. This aid shall be paid to the treasurer of the county.

##### **§ 18A:74-3.2** Distribution of State aid. {#sec-18a-74-3.2 omnilex-key=us-nj-statutes--title-18a--18A:74-3.2}

1. Thomas Edison State College shall annually, within the limitations of amounts appropriated by the Legislature, distribute funds pursuant to rules and regulations adopted according to N.J.S.18A:74-1 et seq. upon certification of the State Library;

a. To any municipality which receives State aid pursuant to P.L.1978, c.14 (C.52:27D-178 et seq.) and supports, in whole or in part, a municipal library which maintains one or more branch libraries, to assist solely in maintaining, operating and improving those branch libraries to meet community needs;

b. To any county or municipality which supports, in whole or in part, library services from county or municipal tax revenues to evaluate and develop the collections of any library receiving such funds; and

c. To any library in the State which houses and maintains a collection of historical or special interest, to be used to house, protect, preserve, repair, restore and maintain the collection.

Funds allocated pursuant to this section shall be distributed as grants to qualifying applicants, based on competitive criteria and a selection process established by the State Library. No rule or regulation shall be adopted nor any application approved nor grant made under this section which creates or implies, by its nature or purpose, a continuing assistance grant or entitlement of indefinite length.

##### **§ 18A:74-3.3** Distribution of funds for audiovisual services. {#sec-18a-74-3.3 omnilex-key=us-nj-statutes--title-18a--18A:74-3.3}

2. Thomas Edison State College, after consultation with the State Librarian, shall annually, within the limitations of amounts appropriated by the Legislature, distribute funds pursuant to rules and regulations adopted according to N.J.S.18A:74-1 et seq., for audiovisual public library services.

##### **§ 18A:74-3.4** Services for institutionalized persons. {#sec-18a-74-3.4 omnilex-key=us-nj-statutes--title-18a--18A:74-3.4}

3. Thomas Edison State College, after consultation with the State Librarian, shall annually, within the limitations of amounts appropriated by the Legislature, distribute funds pursuant to rules and regulations adopted according to N.J.S.18A:74-1 et seq., for library services to persons institutionalized in health, mental health, mental retardation, veterans', residential, correctional and other similar facilities which are operated by or under contract to the State or to county or municipal governments.

##### **§ 18A:74-4.1** Provision of optical scanners. {#sec-18a-74-4.1 omnilex-key=us-nj-statutes--title-18a--18A:74-4.1}

1. The Thomas Edison State College, after consultation with the State Librarian, and after consultation with the Commission for the Blind and Visually Impaired, shall purchase and provide to designated area libraries or other public facilities accessible to the blind or visually impaired that may be appropriate an optical scanner, which converts printed materials into synthetic speech for the benefit of the blind and visually impaired. The President of Thomas Edison State College shall provide for the training of personnel in the proper use of these devices.

##### **§ 18A:74-6** Emergency aid; incentive grant. {#sec-18a-74-6 omnilex-key=us-nj-statutes--title-18a--18A:74-6}

There shall be appropriated annually the sum of $200,000.00 to be distributed by Thomas Edison State College and in accordance with its rules and regulations to meet unforeseeable conditions in any municipality or county, and to encourage the formation and development of larger units of service pursuant to law. The amount of such emergency aid or incentive grant shall be payable by the President of Thomas Edison State College upon certification by the State Librarian.

##### **§ 18A:74-7** Determination of appropriation. {#sec-18a-74-7 omnilex-key=us-nj-statutes--title-18a--18A:74-7}

On or before November 15 in each year, the State Library shall estimate the amount necessary to be appropriated to carry out the provisions of this chapter for the succeeding fiscal year and shall determine for budget purposes the amount estimated to be payable to each of the counties and municipalities under this chapter for such succeeding year. The State Library shall make such determination for budget purposes upon the basis of the annual appropriations for library purposes for the current calendar year.

On or before September 15 of each succeeding year, the State Library shall make the final determination of the payments to be made under this chapter upon the basis of the annual expenditures for library purposes for the preceding calendar year.

##### **§ 18A:74-8** Payment of State aid; date, method. {#sec-18a-74-8 omnilex-key=us-nj-statutes--title-18a--18A:74-8}

The sums payable as State aid, as finally determined by the State Library shall be payable on October 1 following the final determination in each such year. Payments shall be made by the state treasurer upon certificate of the President of Thomas Edison State College, the State Librarian, and warrant of the director of the division of budget and accounting. Payment shall be made to the governing body of each municipality qualifying for aid under this chapter and to the treasurer of each county which supports a regional or county library system, and to the receiving officer designated by each research library center.

##### **§ 18A:74-9** Application of benefits to library services {#sec-18a-74-9 omnilex-key=us-nj-statutes--title-18a--18A:74-9}

Benefits received pursuant to this chapter shall not be applied to any other purpose than library services maintained pursuant to chapters 33 and 54 of Title 40 of the Revised Statutes and pursuant to this chapter.

##### **§ 18A:74-10** Compliance with regulations, standards. {#sec-18a-74-10 omnilex-key=us-nj-statutes--title-18a--18A:74-10}

In order to participate in any apportionment made according to the provisions of this chapter, municipalities and counties shall comply with the regulations and standards which have been, or which may be, prescribed by law or recommended by the State Librarian for the operation and improvement of free public libraries to provide efficient and effective library services, to insure public benefit and convenience therefrom and to achieve the objects of this chapter.

##### **§ 18A:74-11** Annual reports {#sec-18a-74-11 omnilex-key=us-nj-statutes--title-18a--18A:74-11}

On or before March 1 in each year each library receiving state aid according to the provisions of this chapter shall make and transmit a report to the state librarian of such information, based upon the records and statistics of the preceding calendar year, as the state librarian shall require.

##### **§ 18A:74-12** Enforcement of law and regulations. {#sec-18a-74-12 omnilex-key=us-nj-statutes--title-18a--18A:74-12}

The Department of the Treasury, at the request of the State Librarian, is hereby empowered to withhold any form of State Library aid from any municipality, county, or area library which does not comply with the provisions of chapters 33 and 54 of Title 40 of the Revised Statutes and chapter 132 of the laws of 1947 (C.45:8A-1 et seq.) wherever applicable, or with any rules and regulations duly adopted pursuant to said statutes or this chapter, or which reduces its annual expenditures for library services pursuant to chapters 33 and 54 of Title 40 of the Revised Statutes below the average of those expenditures for normal, recurring, operating costs made during the three years previous to receipt of the first State aid under this chapter.

##### **§ 18A:74-13** Appropriations, allocation. {#sec-18a-74-13 omnilex-key=us-nj-statutes--title-18a--18A:74-13}

There is hereby appropriated for the purposes of this chapter such sums as may be included therefor in any annual or supplemental appropriation. In the event the sums appropriated at any time are insufficient to carry out in full the provisions of this chapter, the State Library shall allocate such sums on the basis of the method of allocation described in this chapter to the extent deemed advisable and practicable. A sum not to exceed 1% of such total annual or supplemental appropriation for the purposes of this chapter may be allocated to Thomas Edison State College for the administrative costs thereof.

##### **§ 18A:74-14** Short title {#sec-18a-74-14 omnilex-key=us-nj-statutes--title-18a--18A:74-14}

This act shall be known as the "New Jersey Library Construction Incentive Act."

##### **§ 18A:74-15** Public policy {#sec-18a-74-15 omnilex-key=us-nj-statutes--title-18a--18A:74-15}

It is hereby declared to be the public policy of the State of New Jersey to encourage, promote and support the extension of public library services by aiding in the construction and expansion of public library buildings.

##### **§ 18A:74-16** Definitions relative to library construction. {#sec-18a-74-16 omnilex-key=us-nj-statutes--title-18a--18A:74-16}

3. For the purposes of this act unless the context clearly indicates otherwise:

a. "Act" means the "New Jersey Library Construction Incentive Act."

b. "Area" means all or part of one or more political subdivisions of the State of New Jersey.

c. "Project," "construction project," "rehabilitation project," "expansion" or "acquisition," means a project which is eligible for a grant under regulations and standards promulgated under this act. When used alone, "project" means any construction, expansion, or rehabilitation project or acquisition.

d. "Public library" means a library that serves free of charges all residents of an area without discrimination and receives its financial support, in whole or in part, from public funds. "Public library" does not include any special-purpose library, such as a law, medical, school or academic library, which are organized to serve a special clientele or purpose.

e. "Authorized applicant" means a public library as defined in paragraph d. hereof.

f. "Eligible project costs" means costs incurred in a project approved by the President of Thomas Edison State College, a portion of which may be reimbursed.

g. "President" means the President of Thomas Edison State College.

h. "Fiscal year" means the period between July 1 of any calendar year and June 30 of the next succeeding calendar year.

##### **§ 18A:74-17** Administration of act. {#sec-18a-74-17 omnilex-key=us-nj-statutes--title-18a--18A:74-17}

4. The administration of this act shall be governed by rules and regulations recommended and promulgated by the State Librarian with the approval of the President of Thomas Edison State College.

##### **§ 18A:74-18** Participation in grants. {#sec-18a-74-18 omnilex-key=us-nj-statutes--title-18a--18A:74-18}

5. In order to participate in any grant made according to the provisions of this act, the applicant shall comply with the rules and regulations adopted as provided in section 4 of this act. Application for grants under this act shall be made to the President on forms specified in said rules and regulations. Applications shall be approved by the President in accordance with said rules and regulations. The President is hereby empowered to withhold any grants from any public library which does not comply with said rules and regulations.

##### **§ 18A:74-19** Reimbursement for project costs. {#sec-18a-74-19 omnilex-key=us-nj-statutes--title-18a--18A:74-19}

6. The President shall reimburse each authorized applicant whose application has been approved for a portion of its eligible project costs, determined in accordance with the rules and regulations promulgated pursuant to this act.

##### **§ 18A:74-20** Project costs eligible for grants. {#sec-18a-74-20 omnilex-key=us-nj-statutes--title-18a--18A:74-20}

7. The following project costs shall be eligible for grants, at the discretion of the President, when incurred after the date of project approval, or after such date as is indicated in paragraphs 3 and 5 of this section:

a. Construction of new buildings to be used for public library purposes.

b. Expansion, rehabilitation or acquisition of existing buildings to be used for public library purposes.

c. Expenses (other than interest and the carrying charge on bonds) related to the acquisition of land on which there is to be construction of new buildings or expansion of existing buildings to be used for public library purposes which are incurred within the three fiscal years preceding the fiscal year in which the project is approved by the President, provided such expenses constitute an actual cost or a transfer of public funds in accordance with the usual procedures generally applicable to all State and local agencies and institutions.

d. Site grading and improvement of land on which buildings used for public library purposes are located or are to be located.

e. Architectural, engineering, consulting and inspection services related to the specific project for which application for financial assistance is made, provided the costs of such services are incurred within three fiscal years preceding the year in which the project is approved by the President.

f. Expenses (other than interest and the carrying charges on bonds) related to the acquisition of existing buildings to be used for public library purposes, provided such expenses constitute an actual cost or a transfer of public funds in accordance with the usual procedures generally applicable to all State and local agencies and institutions.

g. Expenses relating to the acquisition and installation of initial equipment to be located in public library facilities, provided by a construction project, including all necessary building fixtures and utilities, office furniture and public library equipment, such as library shelving and filing equipment, card catalogs, cabinets, circulation desks, reading tables, study carrels, booklifts, elevators and information retrieval devices (but not books or other library materials).

##### **§ 18A:74-21** Projects to be accessible, usable by persons with disabilities. {#sec-18a-74-21 omnilex-key=us-nj-statutes--title-18a--18A:74-21}

8. The President shall require that projects constructed with the use of State funds under this act shall, to the extent appropriate, be accessible to and usable by persons with disabilities.

##### **§ 18A:74-22** Credit to State for unused facilities, equipment, land. {#sec-18a-74-22 omnilex-key=us-nj-statutes--title-18a--18A:74-22}

9. Whenever public library facilities, items of equipment or land to which the State has contributed funds under this act are not used for the purposes authorized by the act, the President may require that the State be credited with its proportionate share of the fair market value of such facilities, equipment, or land. All moneys so credited shall be remitted to the Treasurer of the State of New Jersey. In no event, however, may the President require that the State be so credited when such facilities, equipment or land have been used in excess of 20 years for the purposes authorized by this act.

##### **§ 18A:74-23** Costs of administration and supervision of act; limitation {#sec-18a-74-23 omnilex-key=us-nj-statutes--title-18a--18A:74-23}

All costs attributable to the administration and supervision of this act and the rules and regulations promulgated thereunder shall not exceed 8% of the total amount appropriated annually for the purposes of this act.

##### **§ 18A:74-24** Definitions relative to public library project grant program {#sec-18a-74-24 omnilex-key=us-nj-statutes--title-18a--18A:74-24}

1. For the purposes of this act:

"Area" means all or part of one or more political subdivisions of the State of New Jersey;

"Authority" means the "New Jersey Educational Facilities Authority" established pursuant to N.J.S.18A:72A-1 et seq.;

"Board" means the Public Library Construction Advisory Board established pursuant to section 3 of P.L.1999, c.184 (C.18A:74-26);

"Eligible project costs" means costs incurred in a project approved by the board;

"Fund" means the "Public Library Project Fund" established pursuant to section 2 of P.L.1999, c.184 (C.18A:74-25);

"Project" means any construction, expansion, rehabilitation or acquisition project eligible for a grant under regulations promulgated under section 3 of P.L.1999, c.184 (C.18A:74-26);

"Public library" means a library that serves free of charge all residents of an area as established pursuant to chapter 33 or chapter 54 of Title 40 of the New Jersey Statutes; or a library established pursuant to N.J.S.15A:1-1 et seq. and receiving public funds pursuant to R.S.40:54-35;

"Secretary" means the Secretary of State of the State of New Jersey or the Secretary's designated representative.

##### **§ 18A:74-25** "Public Library Project Fund." {#sec-18a-74-25 omnilex-key=us-nj-statutes--title-18a--18A:74-25}

2. The "Public Library Project Fund" is established as a separate account in the New Jersey Educational Facilities Authority to carry out the purposes of P.L.1999, c.184 (C.18A:74-24 et al.). The fund shall be administered by the authority and shall be credited with:

a. moneys received from the issuance of bonds, notes or other obligations issued pursuant to section 5 of P.L.1999, c.184 (C.18A:74-28);

b. moneys appropriated by the State for the purposes of the fund; and

c. all interest and investment earnings received on moneys in the fund.

##### **§ 18A:74-26** Public Library Construction Advisory Board. {#sec-18a-74-26 omnilex-key=us-nj-statutes--title-18a--18A:74-26}

3. There is created a Public Library Construction Advisory Board to be comprised of seven members as follows: the Secretary of State or the secretary's designee who shall serve as the chair; the State Librarian or the librarian's designee; the President of Thomas Edison State College, or the president's designee; and four persons with library, construction, or finance experience who shall be appointed by the Governor with the advice and consent of the Senate and who shall serve at the pleasure of the Governor and until their successors are appointed and shall have qualified.

Moneys in the fund shall be distributed as grants to public libraries for part of eligible project costs as enumerated in section 4 of P.L.1999, c.184 (C.18A:74-27), based on criteria and a competitive selection process established by the board. The board shall promulgate regulations prescribing procedures for applying for a grant and the terms and conditions for receiving a grant. A grant application shall include a complete description of the project to be financed and an identification of additional sources of revenue to be used. An application shall be reviewed, and approved or denied by the board in accordance with uniform procedures by resolution of the board. When a grant is approved by the board, the board shall establish the recommended grant amount and shall submit to the Joint Budget Oversight Committee, or its successor, the board's approved amount of the grant and a brief description of the project for approval by the committee. Any grant not disapproved by the Joint Budget Oversight Committee within 30 days of such submission shall be deemed approved by the committee. After a grant application is approved by the committee, the board shall forward a copy of the application and certify the approved amount of the grant to the authority.

##### **§ 18A:74-27** Project costs eligible for grants. {#sec-18a-74-27 omnilex-key=us-nj-statutes--title-18a--18A:74-27}

4. The following project costs shall be eligible for grants, at the discretion of the board:

a. Construction of new buildings to be used for public library purposes;

b. Expansion, rehabilitation or acquisition of existing buildings to be used for public library purposes;

c. Expenses, other than interest and the carrying charge on bonds, incurred after the effective date of P.L.1999, c.184 (C.18A:74-24 et al.), related to the acquisition of land on which there is to be construction of new buildings or expansion of existing buildings to be used for public library purposes, provided the expenses constitute an actual cost or a transfer of public funds in accordance with the usual procedures generally applicable to all State and local agencies and institutions;

d. Site grading and improvement of land on which buildings used for public library purposes are located or are to be located;

e. Architectural, engineering, consulting and inspection services related to the specific project for which application for financial assistance is made;

f. Expenses, other than interest and the carrying charges on bonds, related to the acquisition of existing buildings to be used for public library purposes, provided the expenses constitute an actual cost or a transfer of public funds in accordance with the usual procedures generally applicable to all State and local agencies and institutions; and

g. Expenses relating to the acquisition and installation of equipment to be located in public library facilities, including all necessary building fixtures and utilities, office furniture and public library equipment, such as library shelving and filing equipment, catalogs, cabinets, circulation desks, reading tables, study carrels, and information retrieval devices including video, voice, and data telecommunications equipment and linkages with a useful life of 10 years or more necessary for Internet access, but not including books or other library materials.

##### **§ 18A:74-28** Issuance of bonds, notes, other obligations; cap. {#sec-18a-74-28 omnilex-key=us-nj-statutes--title-18a--18A:74-28}

5. a. The authority shall from time to time issue bonds, notes or other obligations in an amount sufficient to finance the grants provided under P.L.1999, c.184 (C.18A:74-24 et al.) and to finance the administrative costs associated with the approval process and the issuance of the bonds, notes, or other obligations, provided that the aggregate principal amount of the bonds, notes or other obligations shall not exceed $45,000,000, except that all administrative costs associated with the approval process and the issuance of bonds shall not be included within the total aggregate principal amount of bonds issued, and the term of any bond, note, or other obligation issued shall not exceed 30 years. In computing the foregoing limitation as to amount, there shall be excluded all bonds, notes or other obligations which have been retired or which shall be issued for refunding purposes, provided that the refunding is determined by the authority to result in a debt service savings. The authority shall issue the bonds, notes or other obligations in such manner as it shall determine in accordance with the provisions of P.L.1999, c.184 (C.18A:74-24 et al.) and the "New Jersey educational facilities authority law," N.J.S.18A:72A-1 et seq., provided that no bonds, notes or other obligations shall be issued pursuant to this section without the prior written consent of the State Treasurer.

b. The State Treasurer is hereby authorized to enter into a contract with the authority pursuant to which the State Treasurer, subject to available appropriations, shall pay the amount necessary to pay the principal and interest on bonds, notes and other obligations of the authority issued pursuant to P.L.1999, c.184 (C.18A:74-24 et al.) plus any amounts payable in connection with an agreement authorized under subsection f. of this section.

c. The authority shall enter into a contractual agreement with the appropriate local governing entity in the area served by the public library, and the agreement shall be approved by a resolution of the authority. Each agreement with an appropriate entity shall include provisions as may be necessary to ensure that the entity shall provide an amount equal to 300% of the grant amount.

The authority may enter into a loan agreement with the appropriate local governing entity in the area served by the public library to finance the entity's matching amounts for the project including, but not limited to, the payment of principal and interest on the bonds, notes and other obligations of the authority issued pursuant to this section or its share of any amount payable in connection with an agreement authorized pursuant to this section or the entity's share of any amount payable in connection with an agreement authorized under subsection f. of this section. The loan may be secured by the entity's guarantee or the issuance of county or municipal bonds to the authority in a private sale.

d. Bonds, notes or other obligations issued pursuant to P.L.1999, c.184 (C.18A:74-24 et al.) shall not be in any way a debt or liability of the State or of any political subdivision thereof other than the authority and shall not create or constitute any indebtedness, liability or obligation of the State or of any political subdivision thereof, or be or constitute a pledge of the faith and credit of the State or of any political subdivision thereof, but all bonds, notes or other obligations, unless funded or refunded by the bonds, notes or other obligations of the authority, shall be payable solely from revenues of funds pledged or available for their payment as authorized by P.L.1999, c.184 (C.18A:74-24 et al.). Each bond, note or other obligation shall contain on its face a statement to the effect that the authority is obligated to pay the principal thereof, redemption premium, if any, or the interest thereon only from revenue or funds of the authority, and that neither the State nor any political subdivision thereof is obligated to pay the principal thereof, redemption premium, if any, or interest thereon, and that neither the faith and credit nor the taxing power of the State or of any political subdivision thereof is pledged to the payment of the principal of, redemption premium, if any, or the interest on the bonds, notes or other obligations.

e. The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds, notes or other obligations issued pursuant to the authorization of P.L.1999, c.184 (C.18A:74-24 et al.) that the State shall not limit or alter the rights or powers hereby vested in the authority to perform and fulfill the terms of any agreement made with the holders of the bonds, notes or other obligations, or to fix, establish, charge and collect such rents, fees, rates, payments, or other charges as may be convenient or necessary to produce sufficient revenues to meet all expenses of the authority and to fulfill the terms of any agreement made with the holders of the bonds, notes and other obligations together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the holders, until the bonds, notes and other obligations, together with interest thereon, are fully met and discharged or provided for.

f. In connection with any bonds or refunding of bonds issued pursuant to this section, the authority may also enter into any revolving credit agreement; agreement establishing a line of credit or letter of credit; reimbursement agreement; interest rate exchange agreement; currency exchange agreement; interest rate floor cap, option, put or call to hedge payment, currency, rate, spread or similar exposure, or similar agreement; float agreement; forward agreement; insurance contract; surety bond; commitment to purchase or sell bonds; purchase or sale agreement; or commitment or other contract or agreement or other security agreement approved by the authority.

## **Chapter 75** {#struct-chapter-75}

##### **§ 18A:75-1** Compact; preamble {#sec-18a-75-1 omnilex-key=us-nj-statutes--title-18a--18A:75-1}

The Compact for Education is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

COMPACT FOR EDUCATION

Preamble

Whereas, The proper education of all citizens is one of the most important responsibilities of the states to preserve a free and open society in the United States; and,

Whereas, The increasing demands of our whole national life for improving and expanding educational services require a board exchange of research data and information concerning the problems and practices of education; and,

Whereas, There is a vital need for strengthening the voices of the states in the formulation of alternative nationwide educational policies,

The states affirm the need for close and continuing consultation among our several states on all matters of education, and do hereby establish this Compact for Education.

##### **§ 18A:75-2** Article I. Purpose and policy {#sec-18a-75-2 omnilex-key=us-nj-statutes--title-18a--18A:75-2}

A. It is the purpose of this compact to:

1. Establish and maintain close cooperation and understanding among executive, legislative, professional, educational and lay leadership on a nationwide basis at the state and local levels.

2. Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of education.

3. Provide a clearing house of information on matters relating to educational problems and how they are being met in different places throughout the nation, so that the executive and legislative branches of state government and of local communities may have ready access to the experience and record of the entire county, and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education.

4. Facilitate the improvement of state and local educational systems so that all of them will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advance in educational opportunities, methods and facilities.

B. It is the policy of this compact to encourage and promote local and state initiative in the development, maintenance, improvement and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and states.

C. The party states recognize that each of them has an interest in the quality and quantity of education furnished in each of the other states, as well as in the excellence of its own educational systems and institutions, because of the highly mobile character of individuals within the nation, and because the products and services contributing to the health, welfare and economic advancement of each state are supplied in significant part by persons educated in other states.

##### **§ 18A:75-3** Article II. State defined {#sec-18a-75-3 omnilex-key=us-nj-statutes--title-18a--18A:75-3}

As used in this compact, "state" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

##### **§ 18A:75-4** Article III. The commission {#sec-18a-75-4 omnilex-key=us-nj-statutes--title-18a--18A:75-4}

A. The Education Commission of the states, hereinafter called "the commission," is hereby established. The commission shall consist of seven members representing each party state. One of such members shall be the governor; two shall be members of the state legislature selected by its respective houses and serving in such manner as the legislature may determine; and four shall be appointed by and serve at the pleasure of the governor, unless the laws of the state otherwise provide. If the laws of a state prevent legislators from serving on the commission, six members shall be appointed by and serve at the pleasure of the governor, unless the laws of the state otherwise provide. In addition to any other principles or requirements which a state may establish for the appointment and service of its members of the commission, the guiding principle for the composition of the membership on the commission from each party state shall be that the members representing such state shall, by virtue of their training, experience, knowledge or affiliations be in a position collectively to reflect broadly the interests of the state government, higher education, the state education system, local education, lay and professional, public and nonpublic educational leadership. Of those appointees, one shall be the head of a state agency or institution, designated by the governor, having responsibility for one or more programs of public education. In addition to the members of the commission representing the party states, there may be not to exceed 10 nonvoting commissioners selected by the steering committee for terms of one year. Such commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration.

B. The members of the commission shall be entitled to one vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners are present. The commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to article IV and adoption of the annual report pursuant to article III(j).

C. The commission shall have a seal.

D. The commission shall elect annually, from among its members a chairman, who shall be a governor, a vice chairman and a treasurer. The commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the commission, and together with the treasurer and such other personnel as the commission may deem appropriate shall be bonded in such amount as the commission shall determine. The executive director shall be secretary.

E. Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director subject to the approval of the steering committee shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the commission, and shall fix the duties and compensation of such personnel. The commission in its bylaws shall provide for the personnel policies and programs of the commission.

F. The commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their subdivisions.

G. The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the commission pursuant to this paragraph or services borrowed pursuant to paragraph (f) of this article shall be reported in the annual report of the commissioner. Such report shall include the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender.

H. The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein.

I. The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.

J. The commission annually shall make to the governor and legislature of each party state a report covering the activities of the commission for the preceding year. The commission may make such additional reports as it may deem desirable.

##### **§ 18A:75-5** Article IV. Powers {#sec-18a-75-5 omnilex-key=us-nj-statutes--title-18a--18A:75-5}

In addition to authority conferred on the commission by other provisions of the compact, the commission shall have authority to:

1. Collect, correlate, analyze and interpret information and data concerning educational needs and resources.

2. Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration, and instructional methods and standards employed or suitable for employment in public educational systems.

3. Develop proposals for adequate financing of education as a whole and at each of its many levels.

4. Conduct or participate in research of the types referred to in this article in any instance where the commission finds that such research is necessary for the advancement of the purposes and policies of this compact, utilizing fully the resources of national associations, regional compact organizations for higher education, and other agencies and institutions, both public and private.

5. Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment thereof, and make recommendations with respect thereto available to the appropriate government units, agencies and public officials.

6. Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this compact.

##### **§ 18A:75-6** Article V. Cooperation with federal government {#sec-18a-75-6 omnilex-key=us-nj-statutes--title-18a--18A:75-6}

A. If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the commission by not to exceed 10 representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, and may be drawn from any one or more branches of the federal government, but no such representative shall have a vote on the commission.

B. The commission may provide information and make recommendations to any executive or legislative agency or officer of the federal government concerning the common educational policies of the states, and may advise with any such agencies or officers concerning any matter of mutual interest.

##### **§ 18A:75-7** Article VI. Committees {#sec-18a-75-7 omnilex-key=us-nj-statutes--title-18a--18A:75-7}

A. To assist in the expeditious conduct of its business when the full commission is not meeting, the commission shall elect a steering committee of 32 members which, subject to the provisions of this compact and consistent with the policies of the commission, shall be constituted and function as provided in the bylaws of the commission. One fourth of the voting membership of the steering committee shall consist of Governors, 1/4 shall consist of legislators and the remainder shall consist of other members of the commission. A Federal representative on the commission may serve with the steering committee, but without vote. The voting members of the steering committee shall serve for terms of 2 years, except that members elected to the first steering committee of the commission shall be elected as follows: 16 for 1 year and 16 for 2 years. The chairman, vice chairman, and treasurer of the commission shall be members of the steering committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, but the commission at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than 2 terms as a member of the steering committee: provided that service for a partial term of 1 year or less shall not be counted toward the 2-term limitation.

B. The commission may establish advisory and technical committees composed of State, local, and Federal officials, and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may, on request of the States concerned, be established to consider any matter of special concern to 2 or more of the party States.

C. The commission may establish such additional committees as its bylaws may provide.

##### **§ 18A:75-8** Article VII. Finance {#sec-18a-75-8 omnilex-key=us-nj-statutes--title-18a--18A:75-8}

A. The commission shall advise the governor or designated officer or officers of each party state of its budget and estimated expenditures for such period as may be required by the laws of that party state. Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.

B. The total amount of appropriation requests under any budget shall be apportioned among the party states. In making such apportionment, the commission shall devise and employ a formula which takes equitable account of the populations and per capita income levels of the party states.

C. The commission shall not pledge the credit of any party states. The commission may meet any of its obligations in whole or in part with funds available to it pursuant to article III(g) of this compact, provided that the commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it pursuant to article III(g) thereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.

D. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the commission.

E. The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.

F. Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

##### **§ 18A:75-9** Article VIII. Eligible parties; entry into and withdrawal {#sec-18a-75-9 omnilex-key=us-nj-statutes--title-18a--18A:75-9}

A. This compact shall have as eligible parties all states, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. In respect of any such jurisdiction not having a governor, the term "governor," as used in this compact, shall mean the closest equivalent official of such jurisdiction.

B. Any state or other eligible jurisdiction may enter into this compact and it shall become binding thereon when it has adopted the same; provided that in order to enter into initial effect, adoption by at least 10 eligible party jurisdictions shall be required.

C. Adoption of the compact may be either by enactment thereof or by adherence thereto by the governor; provided that in the absence of enactment, adherence by the governor shall be sufficient to make his state a party only until December 31, 1967. During any period when a state is participating in this compact through gubernatorial action, the governor shall appoint those persons who, in addition to himself, shall serve as the members of the commission from his state, and shall provide to the commission an equitable share of the financial support of the commission from any source available to him.

D. Except for a withdrawal effective on December 31, 1967 in accordance with paragraph C. of this article, any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

##### **§ 18A:75-10** Article IX. Construction and severability {#sec-18a-75-10 omnilex-key=us-nj-statutes--title-18a--18A:75-10}

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States, or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters.

##### **§ 18A:75-11** New Jersey members; appointment; compensation, etc. {#sec-18a-75-11 omnilex-key=us-nj-statutes--title-18a--18A:75-11}

New Jersey shall be represented on the commission established by Article III of the compact by the governor, four members appointed by the governor from among the citizens of this state who will serve at the pleasure of the governor, and one senator to be named by the president of the senate and one assemblyman to be named by the speaker of the general assembly. Legislative members of the commission shall be appointed for terms coincident with the terms for which they were elected to the senate or general assembly. The New Jersey members will serve without compensation but shall be entitled to be reimbursed for all necessary expenses incurred in the performance of their duties. Vacancies in the membership shall be filled in the same manner as the original appointments were made.

##### **§ 18A:75-12** Bylaws and amendments filed {#sec-18a-75-12 omnilex-key=us-nj-statutes--title-18a--18A:75-12}

Pursuant to Article III(I) of the compact, the commission shall file a copy of its bylaws and any amendments thereto with the secretary of state.

## **Chapter 75A** {#struct-chapter-75a}

##### **§ 18A:75A-1** Short title. {#sec-18a-75a-1 omnilex-key=us-nj-statutes--title-18a--18A:75A-1}

1. The "Interstate Compact on Educational Opportunity for Military Children" is hereby enacted and entered into with all other jurisdictions legally joining therein in the form substantially as herein provided.

##### **§ 18A:75A-2** Purpose. {#sec-18a-75a-2 omnilex-key=us-nj-statutes--title-18a--18A:75A-2}

2. Article I: Purpose

It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:

a. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district or districts, or variations in entrance and age requirements.

b. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content or assessment.

c. Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities.

d. Facilitating the on-time graduation of children of military families.

e. Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact.

f. Providing for the uniform collection and sharing of information between and among member states, schools and military families under this compact.

g. Promoting coordination between this compact and other compacts affecting military children.

h. Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student.

##### **§ 18A:75A-3** Definitions. {#sec-18a-75a-3 omnilex-key=us-nj-statutes--title-18a--18A:75A-3}

3. Article II: Definitions

As used in this compact, unless the context clearly requires a different construction:

a. "Active duty" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. ss.1209 and 1211.

b. "Children of military families" means a school-aged child or children, enrolled in Kindergarten through Twelfth grade, in the household of an active duty member.

c. "Compact commissioner" means the voting representative of each compacting state appointed pursuant to Article VIII of this compact.

d. "Deployment" means the period one month prior to the service members' departure from their home station on military orders through six months after return to their home station.

e. "Education or educational records" means those official records, files, and data directly related to a student and maintained by the school or local education agency, including but not limited to records encompassing all the material kept in the student's cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs.

f. "Extracurricular activities" means a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities.

g. "Interstate Commission on Educational Opportunity for Military Children" means the commission that is created under Article IX of this compact, which is generally referred to as the Interstate Commission.

h. "Local education agency" means a public authority legally constituted by the state as an administrative agency to provide control of and direction for Kindergarten through Twelfth grade public educational institutions.

i. "Member state" means a state that has enacted this compact.

j. "Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. Territory. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.

k. "Non-member state" means a state that has not enacted this compact.

l. "Receiving state" means the state to which a child of a military family is sent, brought, or caused to be sent or brought.

m. "Rule" means a written statement by the Interstate Commission promulgated pursuant to Article XII of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.

n. "Sending state" means the state from which a child of a military family is sent, brought, or caused to be sent or brought.

o. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. Territory.

p. "Student" means the child of a military family for whom the local education agency receives public funding and who is formally enrolled in Kindergarten through Twelfth grade.

q. "Transition" means (1) the formal and physical process of transferring from school to school or (2) the period of time in which a student moves from one school in the sending state to another school in the receiving state.

r. "Uniformed service or services" means the Army, Navy, Air Force, Marine Corps, Coast Guard as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration, and Public Health Services.

s. "Veteran" means a person who served in the uniformed services and who was discharged or released therefrom under conditions other than dishonorable.

##### **§ 18A:75A-4** Applicability. {#sec-18a-75a-4 omnilex-key=us-nj-statutes--title-18a--18A:75A-4}

4. Article III: Applicability

a. Except as otherwise provided in subsection b. of this section, this compact shall apply to the children of:

(1) active duty members of the uniformed services as defined in this compact, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. ss.1209 and 1211;

(2) members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one year after medical discharge or retirement; and

(3) members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one year after death.

b. The provisions of this interstate compact shall only apply to local education agencies as defined in this compact.

c. The provisions of this compact shall not apply to the children of:

(1) inactive members of the national guard and military reserves;

(2) members of the uniformed services now retired, except as provided in subsection a. of this section;

(3) veterans of the uniformed services, except as provided in subsection a. of this section; and

(4) other U.S. Dept. of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.

##### **§ 18A:75A-5** Educational records and enrollment. {#sec-18a-75a-5 omnilex-key=us-nj-statutes--title-18a--18A:75A-5}

5. Article IV: Educational Records and Enrollment

a. Unofficial or "hand-carried" education records - In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial educational records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible.

b. Official education records and transcripts - Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student's official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within 10 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.

c. Immunizations - Compacting states shall give 30 days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, for students to obtain any immunizations required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within 30 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.

d. Kindergarten and First grade entrance age - Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level, including Kindergarten, from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state.

##### **§ 18A:75A-6** Placement and attendance. {#sec-18a-75a-6 omnilex-key=us-nj-statutes--title-18a--18A:75A-6}

6. Article V: Placement and Attendance

a. Course placement - When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student's enrollment in the sending state school, educational assessments conducted at the school in the sending state, or both, if the courses are offered. Course placement includes but is not limited to Honors, International Baccalaureate, Advanced Placement, vocational, technical and career pathways courses. Continuing the student's academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the course or courses.

b. Educational program placement - The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation or placement in like programs in the sending state. Such programs include, but are not limited to: (1) gifted and talented programs; and (2) English as a second language (ESL). This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

c. Special education services - (1) In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. Section 1400 et seq., the receiving state shall initially provide comparable services to a student with disabilities based on his or her current Individualized Education Program (IEP); and (2) In compliance with the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C. Section 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C. Sections 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II Plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

d. Placement flexibility - Local education agency administrative officials shall have flexibility in waiving course or program prerequisites, or other preconditions for placement in courses or programs offered under the jurisdiction of the local education agency.

e. Absence as related to deployment activities - A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian.

##### **§ 18A:75A-7** Eligibility. {#sec-18a-75a-7 omnilex-key=us-nj-statutes--title-18a--18A:75A-7}

7. Article VI: Eligibility

a. Eligibility for enrollment

(1) Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent.

(2) A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.

(3) A transitioning military child, placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he or she was enrolled while residing with the custodial parent.

b. Eligibility for extracurricular participation - State and local education agencies shall facilitate the opportunity for transitioning military children's inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.

##### **§ 18A:75A-8** Graduation. {#sec-18a-75a-8 omnilex-key=us-nj-statutes--title-18a--18A:75A-8}

8. Article VII: Graduation

In order to facilitate the on-time graduation of children of military families states and local education agencies shall incorporate the following procedures:

a. Waiver requirements - Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time.

b. Exit exams - States shall accept: (1) exit or end-of-course exams required for graduation from the sending state; or (2) national norm-referenced achievement tests; or (3) alternative testing, in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in his or her Senior year, then the provisions of subsection c. of this section shall apply.

c. Transfers during Senior year - Should a military student transferring at the beginning or during his or her Senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with subsections a. and b. of this section.

##### **§ 18A:75A-9** State coordination. {#sec-18a-75a-9 omnilex-key=us-nj-statutes--title-18a--18A:75A-9}

9. Article VIII: State Coordination

a. Each member state shall, through the creation of a State Council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies and military installations concerning the state's participation in, and compliance with, this compact and Interstate Commission activities. While each member state may determine the membership of its own State Council, its membership must include at least: the state superintendent of education, superintendent of a school district with a high concentration of military children, representative from a military installation, one representative each from the legislative and executive branches of government, and other offices and stakeholder groups the State Council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the State Council.

b. The State Council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact.

c. The compact commissioner responsible for the administration and management of the state's participation in the compact shall be appointed by the Governor or as otherwise determined by each member state.

d. The compact commissioner and the military family education liaison designated herein shall be ex-officio members of the State Council, unless either is already a full voting member of the State Council.

##### **§ 18A:75A-10** Interstate Commission on Educational Opportunity for Military Children. {#sec-18a-75a-10 omnilex-key=us-nj-statutes--title-18a--18A:75A-10}

10. Article IX: Interstate Commission on Educational Opportunity for Military Children

The member states hereby create the "Interstate Commission on Educational Opportunity for Military Children." The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:

a. Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact.

b. Consist of one Interstate Commission voting representative from each member state who shall be that state's compact commissioner.

(1) Each member state represented at a meeting of the Interstate Commission is entitled to one vote.

(2) A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.

(3) A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate Commission, the Governor or State Council may delegate voting authority to another person from their state for a specified meeting.

(4) The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.

c. Consist of ex-officio, non-voting representatives who are members of interested organizations. Such ex-officio members, as defined in the bylaws, may include but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the U.S. Department of Defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel and other interstate compacts affecting the education of children of military members.

d. Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.

e. Establish an executive committee, whose members shall include the officers of the Interstate Commission and such other members of the Interstate Commission as determined by the bylaws. Members of the executive committee shall serve a one year term. Members of the executive committee shall be entitled to one vote each. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as deemed necessary. The U.S. Dept. of Defense, shall serve as an ex-officio, nonvoting member of the executive committee.

f. Establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

g. Give public notice of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds vote that an open meeting would be likely to:

(1) Relate solely to the Interstate Commission's internal personnel practices and procedures;

(2) Disclose matters specifically exempted from disclosure by federal and state statute;

(3) Disclose trade secrets or commercial or financial information which is privileged or confidential;

(4) Involve accusing a person of a crime, or formally censuring a person;

(5) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(6) Disclose investigative records compiled for law enforcement purposes; or

(7) Specifically relate to the Interstate Commission's participation in a civil action or other legal proceeding.

h. Cause its legal counsel or designee to certify that a meeting may be closed and shall reference each relevant exemptible provision for any meeting, or portion of a meeting, which is closed pursuant to this provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission.

i. Collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, insofar as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules.

j. Create a process that permits military officials, education officials and parents to inform the Interstate Commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the Interstate Commission or any member state.

##### **§ 18A:75A-11** Powers and duties of the interstate commission. {#sec-18a-75a-11 omnilex-key=us-nj-statutes--title-18a--18A:75A-11}

11. Article X: Powers and Duties of the Interstate Commission

The Interstate Commission shall have the following powers:

a. To provide for dispute resolution among member states.

b. To promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact. The rules shall have the force and effect of statutory law and shall be binding in the compact states to the extent and in the manner provided in this compact.

c. To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules and actions.

d. To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process.

e. To establish and maintain offices which shall be located within one or more of the member states.

f. To purchase and maintain insurance and bonds.

g. To borrow, accept, hire or contract for services of personnel.

h. To establish and appoint committees including, but not limited to, an executive committee as required by Article IX, subsection e., which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.

i. To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.

j. To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it.

k. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed.

l. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed.

m. To establish a budget and make expenditures.

n. To adopt a seal and bylaws governing the management and operation of the Interstate Commission.

o. To report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.

p. To coordinate education, training and public awareness regarding the compact, its implementation and operation for officials and parents involved in such activity.

q. To establish uniform standards for the reporting, collecting and exchanging of data.

r. To maintain corporate books and records in accordance with the bylaws.

s. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

t. To provide for the uniform collection and sharing of information between and among member states, schools and military families under this compact.

##### **§ 18A:75A-12** Organization and operation of the interstate commission. {#sec-18a-75a-12 omnilex-key=us-nj-statutes--title-18a--18A:75A-12}

12. Article XI: Organization and Operation of the Interstate Commission

a. The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:

(1) Establishing the fiscal year of the Interstate Commission;

(2) Establishing an executive committee, and such other committees as may be necessary;

(3) Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission;

(4) Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;

(5) Establishing the titles and responsibilities of the officers and staff of the Interstate Commission;

(6) Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations;

(7) Providing "start up" rules for initial administration of the compact.

b. The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission.

c. Executive Committee, Officers and Personnel

(1) The executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to:

(a) Managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission;

(b) Overseeing an organizational structure within, and appropriate procedures for the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and

(c) Planning, implementing, and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the Interstate Commission.

(2) The executive committee may, subject to the approval of the Interstate Commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a Member of the Interstate Commission. The executive director shall hire and supervise such other persons as may be authorized by the Interstate Commission.

d. The Interstate Commission's executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

(1) The liability of the Interstate Commission's executive director and employees or Interstate Commission representatives, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

(2) The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.

(3) To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

##### **§ 18A:75A-13** Rulemaking functions of the interstate commission. {#sec-18a-75a-13 omnilex-key=us-nj-statutes--title-18a--18A:75A-13}

13. Article XII: Rulemaking Functions of the Interstate Commission

a. Rulemaking Authority - The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this Compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this act, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.

b. Rulemaking Procedure - Rules shall be made pursuant to a rulemaking process that substantially conforms to the "Model State Administrative Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission.

c. Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule; provided, that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission's authority.

d. If a majority of the legislatures of the compacting states rejects a Rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.

##### **§ 18A:75A-14** Oversight, enforcement, and dispute resolution. {#sec-18a-75a-14 omnilex-key=us-nj-statutes--title-18a--18A:75A-14}

14. Article XIII: Oversight, Enforcement, and Dispute Resolution

a. Oversight

(1) The executive, legislative and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.

(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission.

(3) The Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, this compact or promulgated rules.

b. Default, Technical Assistance, Suspension and Termination

If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the Interstate Commission shall:

(1) Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default.

(2) Provide remedial training and specific technical assistance regarding the default.

(3) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.

(4) Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.

(5) The state which has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination.

(6) The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.

(7) The defaulting state may appeal the action of the Interstate Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.

c. Dispute Resolution

(1) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and non-member states.

(2) The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

d. Enforcement

(1) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

(2) The Interstate Commission, may by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of the compact, its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.

(3) The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession.

##### **§ 18A:75A-15** Financing of the interstate commission. {#sec-18a-75a-15 omnilex-key=us-nj-statutes--title-18a--18A:75A-15}

15. Article XIV: Financing of the Interstate Commission

a. The Interstate Commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

b. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.

c. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.

d. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

##### **§ 18A:75A-16** Member states, effective date, and amendment. {#sec-18a-75a-16 omnilex-key=us-nj-statutes--title-18a--18A:75A-16}

16. Article XV: Member States, Effective Date, and Amendment

a. Any state is eligible to become a member state.

b. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 10 of the states. The effective date shall be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states.

c. The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.

##### **§ 18A:75A-17** Withdrawal and dissolution. {#sec-18a-75a-17 omnilex-key=us-nj-statutes--title-18a--18A:75A-17}

17. Article XVI: Withdrawal and Dissolution

a. Withdrawal

(1) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact by specifically repealing the statute, which enacted the compact into law.

(2) Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until one year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other member jurisdiction.

(3) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing state's intent to withdraw within 60 days of its receipt thereof.

(4) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.

(5) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.

b. Dissolution of Compact

(1) This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.

(2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

##### **§ 18A:75A-18** Severability and construction. {#sec-18a-75a-18 omnilex-key=us-nj-statutes--title-18a--18A:75A-18}

18. Article XVII: Severability and Construction

a. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

b. The provisions of this compact shall be liberally construed to effectuate its purposes.

c. Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.

##### **§ 18A:75A-19** Binding effect of compact and other laws. {#sec-18a-75a-19 omnilex-key=us-nj-statutes--title-18a--18A:75A-19}

19. Article XVIII: Binding Effect of Compact and Other Laws

a. Other Laws

(1) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.

(2) All member states' laws conflicting with this compact are superseded to the extent of the conflict.

b. Binding Effect of the Compact

(1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.

(2) All agreements between the Interstate Commission and the member states are binding in accordance with their terms.

(3) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

## **Chapter 76** {#struct-chapter-76}

##### **§ 18A:76-1** Construction {#sec-18a-76-1 omnilex-key=us-nj-statutes--title-18a--18A:76-1}

This law is a revision law and the provisions hereof, not inconsistent with prior laws, shall be construed as a continuation of such prior laws and its enactment shall not:

1. Abolish or require the reestablishment of any office, position or employment lawfully existing upon the effective date of this law or affect the term or tenure, compensation and pension rights, if any, of any lawful holder thereof upon said date; or

2. Abolish or require the reestablishment or reorganization of any board, commission or public body, lawfully existing on said date, or affect the term or tenure, compensation and pension rights, if any, of any member thereof, nor shall any provision of this law for the appointment or election of the first members of any such board, commission or public body be construed to require that any members lawfully in office upon the effective date of this law or their successors shall be reappointed by staggered terms or in any other manner than for the full terms prescribed by this law, but every such board, commission or public body, shall, after the effective date of this law, be governed and administered under the provisions of this law; or

3. Affect or impair or make invalid any provision of any ordinance, resolution, order, rule or regulation, lawfully adopted and in force upon the effective date of this law, except so far as the same is inconsistent with any of the provisions of this law; or

4. Require that any proceeding, begun by the adoption of any resolution, passage on first reading of any ordinance, or the adoption of any proposal, proposition or question, under and in accordance with the law in effect at the time this law becomes effective, shall be carried on to its final conclusion in accordance with this law but the same may be carried to final conclusion under the law under which it was begun as though this law had not been enacted; or

5. Require the resubmission to the voters of any statute or proposal adopted by such voters prior to, and effective upon, the effective date of this law or in any manner affect the validity and operation of such statute after said date, except so far as the same is inconsistent with any of the provisions of this law; or

6. Discharge, release or affect any liability, penalty or forfeiture, civil or criminal, committed prior to the effective date of this law but all proceedings for the enforcement of any such liability, penalty or forfeiture shall be commenced and continued and be proceeded with in all respects in accordance with the law in effect when the same was incurred and notwithstanding that such law, or any part thereof, has been repealed or altered by the enactment of this law; or

7. Revive any common law right or remedy by reason of the repeal of any law by this law.

##### **§ 18A:76-2** Provisions severable {#sec-18a-76-2 omnilex-key=us-nj-statutes--title-18a--18A:76-2}

If any provision of any section, article, subarticle, chapter or title of this law shall be adjudged by any court of competent jurisdiction to be ineffective, such determination shall not affect or impair the remaining provisions thereof but shall be confined in its operation to the provisions directly involved in a controversy in which said determination shall have been rendered.

##### **§ 18A:76-3** Repealers {#sec-18a-76-3 omnilex-key=us-nj-statutes--title-18a--18A:76-3}

All acts and parts of acts inconsistent with this revision law except those specifically saved from repeal are hereby superseded and repealed, and without limiting the general effect of this law in superseding and repealing acts so inconsistent herewith, the following acts and parts of acts together with all amendments and supplements thereto are specifically repealed:

Title 18 of the Revised Statutes, excepting those sections saved from repeal in this law and in the Revised Statutes;

Laws of 1939, Chapter 148 (C. 18:5-51.1);

Laws of 1941, Chapter 161 (C. 18:13-102.1);

Laws of 1941, Chapter 373 (C. 18:23-19-C. 18:23-21 incl.);

Laws of 1942, Chapter 165 (C. 18:5-100-C. 18:5-103 incl.);

Laws of 1942, Chapter 233 (C. 18:13-102.2);

Laws of 1944, Chapter 140 (C. 18:16-27.1-C. 18:16-27.2);

Laws of 1945, Chapter 49 (C. 18:22-15.1-C. 18:22-15.13 incl.);

Laws of 1945, Chapter 50 (C. 18:24-1-C. 18:24-23 incl.);

Laws of 1946, Chapter 64 (C. 18:14A-1-C. 18:14A-18 incl.);

Laws of 1946, Chapter 217 (C. 18:22-15.14-C. 18:22-15.15);

Laws of 1947, Chapter 109 (C. 18:14-89.1-C. 18:14-89.3 incl.);

Laws of 1947, Chapter 139 (C. 18:22-15.16-C. 18:22-15.17);

Laws of 1947, Chapter 140 (C. 18:22-15.18-C. 18:22-15.22 incl.);

Laws of 1947, Chapter 307 (C. 18:22-48-C. 18:22-52 incl.);

Laws of 1948, Chapter 14 (C. 18:16-32.1);

Laws of 1948, Chapter 15, section 2 (C. 18:15-46.1);

Laws of 1948, Chapter 107 (C. 18:24-24-C. 18:24-26 incl.);

Laws of 1948, Chapter 131 (C. 18:14-12.5);

Laws of 1948, Chapter 195 (C. 18:22-53-C. 18:22-57 incl.);

Laws of 1948, Chapter 228 (C. 18:14-78.1-C. 18:14-78.2);

Laws of 1948, Chapter 427 (C. 18:5-29.1);

Laws of 1950, Chapter 116 (C. 18:22-15.23-C. 18:22-15.24);

Laws of 1951, Chapter 128 (C. 18:8-23-C. 18:8-24);

Laws of 1951, Chapter 308 (C. 18:7-3.2-C. 18:7-3.4 incl.);

Laws of 1952, Chapter 160 (C. 18:5-50.17-C. 18:5-50.18);

Laws of 1953, Chapter 401 (C. 18:5-51.3);

Laws of 1954, Chapter 70 (C. 18:16-20.1);

Laws of 1954, Chapter 85, sections 1-17 incl., 19 (C. 18:10-29:30-C. 18:10-29.46 incl., C. 18:10-29.48);

Laws of 1955, Chapter 37 (C. 18:13-112.3-C. 18:13-112.75 incl.);

Laws of 1956, Chapter 33 (C. 18:14-86.1-C. 18:14-86.2);

Laws of 1956, Chapter 35 (C. 18:15-26.1);

Laws of 1956, Chapter 61 (C. 18:22-15.25-C. 18:22-15.61 incl.);

Laws of 1956, Chapter 158 (C. 18:13-4.1-C. 18:13-4.3 incl.);

Laws of 1957, Chapter 181, sections 1, 2, 3, 5, 6 (C. 18:14-64.1a-C. 18:14-64.1c incl., C. 18:14-64.1e-C. 18:14-64.1f);

Laws of 1959, Chapter 46 (C. 18:22-14.2-C. 18:22-14.17 incl.);

Laws of 1959, Chapter 104 (C. 18:14-71.36-C. 18:14-71.48 incl.);

Laws of 1959, Chapter 121 (C. 18:22A-1-C. 18:22A-27 incl.);

Laws of 1959, Chapter 177 (C. 18:24A-1-C. 18:24A-14 incl.);

Laws of 1962, Chapter 41 (C. 18:22-100-C. 18:22-124 incl.);

Laws of 1962, Chapter 172 (C. 18:22-125-C. 18:22-127 incl.);

Laws of 1962, Chapter 212, sections 1, 3 (C. 18:5-51.10-C. 18:5-51.11);

Laws of 1962, Chapter 232 (C. 18:14-71.35a-C. 18:14-71.35f incl.);

Laws of 1964, Chapter 232 (C. 18:22-15.63-C. 18:22-15.67 incl.);

Laws of 1964, Chapter 285 (C. 18:16-50);

Laws of 1965, Chapter 224 (C. 18:5-29.2);

Laws of 1965, Chapter 229 (C. 18:24-10.1-C. 18:24-10.5 incl.);

Laws of 1966, Chapter 26 (C. 18:14-8.2-C. 18:14-8.3);

Laws of 1966, Chapter 75 (C. 18:26-1-C. 18:26-12 incl.);

Laws of 1966, Chapter 106 (C. 18:22B-1-C. 18:22B-35 incl.);

Laws of 1966, Chapter 302, sections 1-33 incl., (C. 18:21A-1-C. 18:21A-33 incl.);

Laws of 1966, Chapter 303 (C. 18:1A-1-C. 18:1A-4 incl.);

Laws of 1967, Chapter 60 (C. 18:22-128-C. 18:22-131 incl.);

Laws of 1967, Chapter 192 (C. 18:22-15.11a-C. 18:22-15.11 l incl.).

##### **§ 18A:76-4** Effective date {#sec-18a-76-4 omnilex-key=us-nj-statutes--title-18a--18A:76-4}

This law shall take effect January 1, 1968.

## **Chapter 3** {#struct-chapter-3}

##### **§ 18A:3-5** 1966, c. 302, article (C. 18:21A-34 to C. 18:21A-44 incl.) {#sec-18a-3-5 omnilex-key=us-nj-statutes--title-18a--18A:3-5}

ARTICLE V

34. All appropriations and other moneys available and to become available to any department, division, bureau or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Higher Education, are hereby transferred to the Department of Higher Education established hereunder, and shall be available for the objects and purposes for which appropriated, subject to any terms, restrictions, limitations or other requirements imposed by State or Federal law.

35. Such employees of any department, commission, council, board, authority, office or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Higher Education or to any office, authority or agency designated, continued or constituted therein, as the Board of Higher Education may determine are needed for the proper performance of the functions and duties imposed upon the Department of Higher Education, or such office, authority or agency therein, are hereby transferred to the department, office, authority or agency to which such functions, powers and duties have been herein assigned or transferred.

36. Nothing in this act shall be construed to deprive any person of any tenure rights or of any right or protection provided him by Title 11, Civil Service, of the Revised Statutes, or under any pension law or retirement system.

37. All files, books, papers, records, equipment and other property of any department, commission, council, board, office, authority or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Higher Education or to any office, authority or agency designated, continued or constituted hereunder, shall upon the effective date of this act be transferred to the department, office, authority or agency to which such assignment or transfer has been made hereunder.

38. This act shall not affect the orders, rules and regulations heretofore made or promulgated by any department, commission, council, board, authority, officer or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Higher Education or to any officer, authority or agency designated, continued or constituted hereunder; but such orders, rules and regulations shall continue with full force and effect until amended or repealed pursuant to law.

39. This act shall not affect actions or proceedings, civil or criminal, brought by or against any department, commission, council, board, authority, officer or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Higher Education or to any officer, authority or agency designated, continued or constituted hereunder, and pending on the effective date of this act, but such actions or proceedings may be prosecuted or defended in the same manner and to the same effect by the department, officer, authority or agency to which such assignment or transfer has been made hereunder, as if the foregoing provisions had not taken effect; nor shall any of the foregoing provisions affect any order or recommendation made by, or other matters or proceedings before, any department, commission, council, board, officer, authority or agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Higher Education or to any officer, authority or agency designated, continued or instituted hereunder, and all such matters or proceedings pending before such department, commission, council, board, officer, authority or other agency on the effective date of this act shall be continued by the department, officer, authority or agency to which such assignment or transfer has been made hereunder, as if the foregoing provisions had not taken effect.

40. Unless specifically otherwise provided in this act or by any operative law, whenever, pursuant to existing law, reports, certifications, applications or requests are required or permitted to be made to the department, board, division, commission, office or officer, whose powers and duties are herein assigned or transferred, such reports and certifications shall hereafter be required to be filed with, and such applications or requests shall hereafter be made to, the department, officer or agency to which such assignment or transfer has been made hereunder.

41. Whenever the term "State Board of Education" occurs or any reference is made thereto, the same shall be deemed to mean or refer to the Department of Higher Education and whenever the term "commissioner" occurs or any reference is made thereto, the same shall be deemed to mean or refer to the chancellor in any statute in Title 18 of the Revised Statutes which is applicable to any public institution of higher education.

42. This act being deemed and hereby declared necessary for the welfare of the State and the people of New Jersey to provide for the development of public higher education in the State and thereby to increase the efficiency of the public school system of the State, shall be liberally construed to effectuate the purposes and intent thereof.

43. All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, hereby repealed; provided, however, that nothing in this act shall be construed as expressly or impliedly repealing any provision of the "Rutgers, The State University Act of 1956," P.L.1956, c. 61.

44. There is hereby appropriated to the Department of Higher Education the sum of $75,000.00 to carry out the purpose of this act for the fiscal period ending June 30, 1967.

45. This act shall be known as, and may be cited as, the "Higher Education Act of 1966."

46. Section 44 of this act shall take effect immediately and the remainder of this act shall take effect on July 1, 1967, except that any appointment, and any confirmation or approval of any appointment, permitted by this act may be made prior to such date and the Department of Higher Education may expend such funds prior to said date as may be necessary to provide for the orderly transfer to the department of the powers and duties herein prescribed.

## **Chapter 6** {#struct-chapter-6}

##### **§ 18A:6-32** 1943, c. 187 (C. 18:5-50.14 to C. 18:5-50.16 incl.) {#sec-18a-6-32 omnilex-key=us-nj-statutes--title-18a--18A:6-32}

1. Any person holding office, position or employment under the government of any public school district or county vocational school system of this State or in any public educational institution under the control of the Commissioner of Education or the State Board of Education, who, after July first, one thousand nine hundred and forty, has entered, or hereafter shall enter, full time service of the American Red Cross, in time of war or an emergency, shall be entitled to all of the benefits and privileges concerning tenure and pensions as in this act provided.

2. Any such person who at the time of such entry was or is a member in good standing of the Teachers' Pension and Annuity Fund, if he was or shall be granted leave of absence to enter such service, shall not be subject to subsections "a" and "b" of section 18:13-41 of the Revised Statutes, and shall not lose his membership status which he enjoyed at the time of entering the service of any of said organizations providing he terminates his service with such organization within two years after the termination of such state of war or of emergency and resumes service under the government of any public school district or county vocational school system or in any public institution under the control of the Commissioner of Education or the State Board of Education within six months after the date of the termination of his service with the American Red Cross, and such person may contribute to said fund on the same basis as if said person had not entered said service or such contributions may be made for him by the board of education of said school district or by the board of education of said county vocational school system or by the State, as the case may be, during his said absence and until he shall resume the office, position or employment held by him as provided in this act or such person may within six months after resuming such office, position or employment make such contribution to said fund as may be requisite to complete his contributions to said fund to the date of the making of such contribution.

3. Any such person, being under tenure at the time of entering the service of the American Red Cross, who was or shall be granted a leave of absence by his employer or employing body for the length of such service; provided , he terminates such service within two years of the termination of such state of war or of emergency, and for six months after the date of the termination of his service and shall be protected in the tenure rights which he possessed at the time of entering such service and shall be entitled to resume the office, position or employment, held by him at the time he entered such service, within three months from the time of making application therefor, provided such application is made within three months from the date of the termination of such service and provided that he terminates such service within two years after the termination of such state of war or of emergency.

##### **§ 18A:6-33** 1944, c. 226 (C. 18:4A-1 to C. 18:4A-4 incl.) {#sec-18a-6-33 omnilex-key=us-nj-statutes--title-18a--18A:6-33}

1. Every person holding office, position or employment other than for a fixed term or period in the public school system of this State who, after July first, one thousand nine hundred and forty, has entered, or hereafter shall enter, the active military or naval service of the United States or of this State, in time of war or an emergency, or for or during any period of training, or pursuant to or in connection with the operation of any system of selective service, or who, after July first, one thousand nine hundred and forty, has entered or hereafter, in time of war, shall enter the active service of the Women's Army Corps, the Women's Reserve of the Naval Reserve or any similar organization authorized by the United States to serve with the Army or Navy, shall be entitled to all of the benefits and be subject to all of the terms and conditions of chapter one hundred nineteen of the laws of one thousand nine hundred and forty-one as amended and supplemented, except that if and in event that during his said leave of absence the salary of any such person was or shall be increased, or salary increments arising from the carrying out of a scale of salary increments in full force and effect applying to all persons employed in the same classification as such person, were or shall be granted, which such person would have enjoyed had he not entered such service, such person after resuming his said office, position or employment shall be entitled to said increased salary and shall be entitled to the benefit of said increased salary during his said leave of absence if his leave of absence was or is granted with pay.

2. Every person holding office, position or employment for a fixed term or period under the government of any school district of this State or in any public educational institution under the control of the Commissioner of Education or the State Board of Education, who, after July first, one thousand nine hundred and forty, has entered or hereafter shall enter, the active military or naval service of the United States or of this State, in time of war or an emergency, or for or during any period of training, or pursuant to or in connection with the operation of any system of selective service or who, after July first, one thousand nine hundred and forty, has entered or hereafter, in time of war, shall enter the active service of the Women's Army Corps, the Women's Reserve of the Naval Reserve or any similar organization authorized by the United States to serve with the Army or Navy, shall be granted leave of absence for the period of such service and for a further period of three months after receiving his discharge from such service. If any such person shall be incapacitated by wound or sickness at the time of his discharge from such service, his leave of absence shall be extended until three months after his recovery from such wound or sickness, or until the expiration of two years from the date of his discharge from such service, whichever shall first occur.

In no case shall such person be discharged or separated from his office, position or employment during such period of leave of absence because of his entry into such service. Such person shall be entitled to resume the office, position or employment held by him at the time of his entrance into such service; provided, he shall apply therefor before the expiration of his leave of absence; and provided, he shall be honorably discharged from such service, and shall be entitled to continue in such office, position or employment for a period of time equivalent to that part of the term or period for which he was employed, which had not expired at the time of his entering into such service and shall be re-employed in such office, position or employment for such additional period, if any, as when added thereto shall equal one year from the date of his resumption of such office, position or employment and in any such case the period or periods of employment served in said school district or public educational institution before entering such service and after his resumption of said office, position or employment shall be counted in determining his right to tenure in said office, position or employment in the same manner as though they had not been interrupted by his said leave of absence and if and in event that during his said leave of absence any such person's salary was or shall be increased or if salary increments arising from the carrying out of a scale of salary increments in full force and effect applying to all persons employed in the same classification as such person, were or shall be granted, which such person would have enjoyed had he not entered such service, such person after resuming his said office, position or employment shall be entitled to said increased salary and shall be entitled to the benefit of said increased salary during his leave of absence if his leave of absence was or is granted with pay. Upon resumption of his office, position or employment the service in such office, position or employment of the person temporarily filling the same shall immediately cease.

3. Any person holding any office, position or employment in the public school system of this State who, heretofore and subsequent to July first, one thousand nine hundred and forty, entered or hereafter, in time of war, shall enter the active military or naval service of the United States or the active service of the Women's Army Corps, the Women's Reserve of the Naval Reserve or any similar organization authorized by the United States to serve with the Army or Navy and who, at the time of such entry was or is a member in good standing of any pension, retirement or annuity fund, shall retain and have all of the rights, benefits and privileges in said pension, retirement or annuity fund prescribed by chapter two hundred fifty-two of the laws of one thousand nine hundred and forty-two as amended and supplemented and shall be subject to all the conditions and provisions thereof except that if and in event that during his said leave of absence the salary of any such person was or shall be increased or if salary increments arising from the carrying out of a scale of salary increments in full force and effect in the school district or public educational institution in which such person was employed and applying to all persons so employed in the same classification as such person, were or shall be granted, which such person would have enjoyed had he not entered such service, his right to participate in the benefits of said pension, retirement or annuity fund and the amount of the contributions required by said act to be made to said pension, retirement or annuity fund shall be calculated on the basis of such increased salary.

4. The act entitled "An act concerning the holders of offices, positions and employments in the public schools of this State, concerning re-employment, acquisition of tenure and protecting pension rights when the holders of such offices, positions or employments enter the military or naval services of the United States, and supplementing Title 18 of the Revised Statutes," approved May nineteenth, one thousand nine hundred and forty-one (P.L.1941, c. 134), as said title was amended by chapter one hundred nineteen of the laws of one thousand nine hundred and forty-two (P.L.1942, c. 119) is repealed.

## **Chapter 8** {#struct-chapter-8}

##### **§ 18A:8-39** R.S. 18:5-18 {#sec-18a-8-39 omnilex-key=us-nj-statutes--title-18a--18A:8-39}

Districts consolidated prior to 1903, continued. Wherever prior to October nineteenth, one thousand nine hundred and three, any township, incorporated town or borough school district had been consolidated with an adjoining township, incorporated town, or borough school district, by an election of the legal voters of the township, incorporated town, or borough school district, so that on that date the same formed one combined or consolidated school district, and the legal voters of such district have not, since that time, rejected a proposition to confirm or continue the consolidation at an election called for that purpose, and the district has been, since that date, maintained and governed as one consolidated school district, such district shall continue to exist as a consolidated school district in the same manner as though the consolidated school district had been established by an election of the legal voters of the district held pursuant to section 18:5-14 of this title.

##### **§ 18A:8-40** R.S. 18:5-19 {#sec-18a-8-40 omnilex-key=us-nj-statutes--title-18a--18A:8-40}

Bonds issued prior to 1903 by consolidated district. Where any school district issued bonds prior to October nineteenth, one thousand nine hundred and three, for the erection of a graded or high school building therein, and at the time of the issuance of the bonds and the erection of the building, the district comprised the territory of two adjoining municipalities the voters of which joined or participated in the election authorizing the issuance of the bonds, and the district was governed as a consolidated district on that date, such school district shall continue to be governed as a consolidated district in the same manner as though the consolidation had been effected in the manner provided by section 18:5-14 of this title, and the bonds so issued shall be deemed to have been and shall continue to be a lien upon the inhabitants and property of the municipalities comprising the school district at the time of the issuance thereof, notwithstanding any other provision of this title.

##### **§ 18A:8-41** 1947, c. 86, s. 29 (C. 18:5-17.29) {#sec-18a-8-41 omnilex-key=us-nj-statutes--title-18a--18A:8-41}

29. Sections 18:5-14 to 18:5-17, both inclusive, of the Revised Statutes and "An act relating to the public schools of this State, and supplementing chapter five of Title 18 of the Revised Statutes," approved May seventh, one thousand nine hundred and thirty-eight, are repealed.

## **Chapter 24** {#struct-chapter-24}

##### **§ 18A:24-4.1** 1967, c. 75 {#sec-18a-24-4.1 omnilex-key=us-nj-statutes--title-18a--18A:24-4.1}

1. Whenever it shall be determined that it is necessary to raise in any school district, additional sums of money, over and above the amount fixed and determined in the annual school budget of the 1967-68 fiscal year for the transportation of children to and from school, when the necessity of such transportation and the cost and method thereof have been approved by the county superintendent of schools of the county in which the district paying the cost of such transportation is situated, the board of education of the district is authorized to borrow in anticipation of the taxes to be raised, levied and collected to provide for said expenditures, such sum or sums as it may determine to be necessary for said purpose, upon its promissory notes bearing interest at a rate or rates not to exceed 6% per annum maturing not later than December 31, 1969.

2. The secretary of the board of education shall certify the amount to be raised to the county board of taxation within 5 days after the date of the borrowing.

3. In the case that such certificate shall be delivered to the county board of taxation on or prior to April 1, 1968, the amount so certified shall be raised, levied and collected by the taxes within that year and in case any such certificate shall be delivered to said board after April 1, 1968, the amount so certified shall be raised, levied and collected by taxes in the next year.

4. The amount so raised, levied and collected shall be paid to the custodian of school moneys of the district as other school moneys are paid and shall be used to pay the principal and interest due upon such notes as they mature.

5. The amounts paid for interest upon said notes shall be reimbursed in full by the State to a school district for the fiscal year in which said payment is made and the county superintendent of schools of the county in which the district paying such interest is situated shall upon the receipt of a claim from the school district certify this amount to the Commissioner of Education. Payments shall be made by the State Treasurer to each school district upon certificate of the Commissioner of Education and warrant of the Director of the Division of Budget and Accounting. Said payments shall be made as follows: interest paid prior to June 30, 1968 on August 1, 1968; interest paid from July 1, 1968 to June 30, 1969 on August 1, 1969; and interest paid from July 1, 1969 to December 31, 1969 on February 1, 1970.

##### **§ 18A:24-28.1** 1964, c. 73, s. 8 (C. 18:5-84.2) {#sec-18a-24-28.1 omnilex-key=us-nj-statutes--title-18a--18A:24-28.1}

8. Proceedings for the authorization of bonds by any school district initiated by adoption of a resolution of the board of education of the school district calling a special school district meeting or election, or initiated by endorsement of a bonding proposal by the Commissioner of Education pursuant to section 18:5-86 of the Revised Statutes, or initiated by passage on first reading of an ordinance of any municipality authorizing bonds for school purposes pursuant to section 18:6-61 of the Revised Statutes, may in each instance proceed to the completion of the authorization of such bonds in accordance with the provisions of Title 18, Education, of the Revised Statutes, as if this act had not taken effect, and any such bonds, or promissory notes or temporary loan bonds in anticipation of such bonds so authorized, and any bonds, promissory notes or temporary loan bonds of any school district.

##### **§ 18A:24-62** R.S. 18:7-84 {#sec-18a-24-62 omnilex-key=us-nj-statutes--title-18a--18A:24-62}

Notes for certain purposes; bonds to redeem notes. Whenever the board of education of a school district has heretofore issued and sold or shall hereafter issue and sell a note or notes for the purpose of purchasing land, the erection of a schoolhouse, the purchase of furniture and equipment for such schoolhouse, the erection of an addition to any schoolhouse, or the repair or improvement of any schoolhouse, and such note or notes are now or shall hereafter be outstanding and unpaid, the board of education may issue bonds for the purpose of redeeming and paying such notes. Such bonds shall be authorized and issued in the same manner as bonds for the erection or improvement of schoolhouses are authorized to be issued in the district.

## **Chapter 28** {#struct-chapter-28}

##### **§ 18A:28-7** 1957, c. 181, s. 4 (C. 18:14-64.1d) {#sec-18a-28-7 omnilex-key=us-nj-statutes--title-18a--18A:28-7}

4. Section 18:14-64.1 of the Revised Statutes is repealed, provided that the repeal of the said act shall not in any manner affect any tenure of service or tenure of service rights to which any person was entitled thereunder on the effective date of this act but said tenure of service and tenure of service rights shall continue with the same force and effect as though said act had not been repealed.

## **Chapter 58** {#struct-chapter-58}

##### **§ 18A:58-19** 1954, c. 85, s. 18 (C. 18:10-29.47) {#sec-18a-58-19 omnilex-key=us-nj-statutes--title-18a--18A:58-19}

18. Repealers. The following acts and parts of acts and all amendments and supplements thereto are hereby repealed:

P.L.1946, c. 63; P.L.1948, c. 66; P.L.1951, c. 227.

Sections 18:10-49, 18:12-4 through 18:12-9, and 18:15-6 through 18:15-16 of the Revised Statutes.

## **Chapter 65** {#struct-chapter-65}

##### **§ 18A:65-9.1** 1956, c. 61, s. 36 (C. 18:22-15.60) {#sec-18a-65-9.1 omnilex-key=us-nj-statutes--title-18a--18A:65-9.1}

36. (a) Section 3 of Chapter 49 of the Laws of 1945, approved March 26, 1945 (R.S. 18:22-15.3), is hereby repealed, effective September 1, 1956;

(b) The resolutions adopted by the Corporation on February 18, 1927 and on April 8, 1932, certificates of which were filed in the office of the Secretary of State on February 21, 1927 and April 25, 1932, respectively, increasing the number of ex-officio Trustees, shall, effective September 1, 1956, be of no further force or effect, except so much thereof as applies to the Commissioner of Education; and

(c) All acts and parts of acts inconsistent with the provisions of this Act are hereby repealed, effective September 1, 1956; and all provisions of the Charter and resolutions of the Board of Trustees of the Corporation inconsistent with the provisions of this Act shall be of no further force or effect on and after September 1, 1956.

## **Chapter 66** {#struct-chapter-66}

##### **§ 18A:66-91** 1955, c. 37, s. 3 (C. 18:13-112.5) {#sec-18a-66-91 omnilex-key=us-nj-statutes--title-18a--18A:66-91}

3. Sections 24 to 110, inclusive, of chapter 13 of Title 18 of the Revised Statutes of New Jersey with all amendments and supplements thereto are repealed as of the effective date of this act; provided, however, that the Teachers' Pension and Annuity Fund is hereby continued with the membership, all securities, investments and other assets and, except as provided herein, all obligations and liabilities existing as of the effective date of this act, to be hereafter administered in accordance with the provisions of this act. Any benefits and allowances granted under the statutes repealed by this section prior to the effective date of this act shall be continued in the same manner and under the same conditions as originally granted.

##### **§ 18A:66-92** 1966, c. 66, s. 11 (C. 18:13-112.70f) {#sec-18a-66-92 omnilex-key=us-nj-statutes--title-18a--18A:66-92}

11. The following acts and parts of acts are repealed, effective July 1, 1966:

P.L.1955, c. 37, s. 68;

P.L.1956, c. 218;

P.L.1960, c. 123;

P.L.1962, c. 108; and

P.L.1964, c. 190.

The repeal of the aforesaid section and acts shall not be construed to provide for any retroactive effect. Where a member's retirement allowance was reduced by the amount of the old age insurance benefit under Title II of the Social Security Act, paid or payable to him, whether received or not, or if such reduction is to be made upon the member's attainment of 65, on or after July 1, 1966 such reductions shall cease or no reduction shall be made.

##### **§ 18A:66-93** 1966, c. 66, s. 12 (C. 18:13-112.35a) {#sec-18a-66-93 omnilex-key=us-nj-statutes--title-18a--18A:66-93}

12. The liabilities established pursuant to section 33(a) of the act to which this act is amendatory and supplementary on account of veteran members employed as teachers on January 1, 1955 shall be proportionately increased for each such school district to cover the additional liabilities created by section 11 of this act for all veterans who were employed as teachers on January 1, 1955 and who are employed as teachers on June 30, 1966. Such increased liabilities shall be paid annually in the manner prescribed by section 33(a) of the act to which this act is amendatory and supplementary over the remainder of the 30-year period established for the liquidation of the liabilities.

1966, c. 66, s. 13 (C. 18:13-112.35b)

13. a. In addition to the amounts required of the State and other employers pursuant to sections 18 and 33 of the act to which this act is amendatory and supplementary, the additional liabilities created by the provisions of this amendatory and supplementary act, except for those provided for under section 12 of this act, shall be computed by the actuary and shall be paid by the State beginning July 1, 1967 through (1) an increase in the normal rate of contribution and (2) an accrued liability contribution, which, if paid in each fiscal year, for a period of 30 years, will provide for this accrued liability.

b. The liability created by P.L.1962, chapter 108, shall be recomputed by the actuary and added to the additional liabilities created by the provisions of this amendatory and supplementary act. The recomputed liability shall be paid by the State as part of the payment established by subsection (a) of this section, allowing a credit for the payments already made by the State towards the funding of this liability.